Morning Oregonian. (Portland, Or.) 1861-1937, April 02, 1912, Page 7, Image 7

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    ROBERT G. SMITH
ACCUSED OF FRAUD
Action Started in Supreme
Court Charges Misappro
priation of Funds.
AMOUNT PLACED AT $4825
Defendant Major of tirant rM
and Prominent Oregon 1-awjcr.
Money Held to Be Io
for Services Rendered.
Robert Glecn 5mlth. Mayor of Grants
rj. a prominent Southern Oregon
lawyer and receptive candidate for the
nomination for representative from
the Klrst Congressional District, la
charged with the, misappropriation of
I MIS of the funds of the Cleopatra
reve!opment Company. In a complaint
that haa been received by the Oregon
Supreme Court from Earle & Stelnert.
of Seattle, attorney for the complain
ant company.
The charges allege that In October,
190S. the Cleopatra Ijevelopment Com
pany, with orrtces In Seattle, through
James l. I-acey. Its agent and a
stockholder In the corporation, retained
the services of Smith as lt attorney
to secure patents to a group of mining
claims located In Del Norta County.
California, and known as the Cleopatra
mining claim.
.arae Sam Paid Over.
"Thereafter." continues the com
plaint, "the said Lacey paid over to
the said Smith for the said purpose
large sums of money. aggregating
ItSIJ or more. That because of the
fraud, misconduct negligence and will
ful deceit of said Smith, as hereinafter
set forth, no patent have been se
cured by him for the complainant
herein, and nothing of aervlce or any
value has been done or rendered by
said Smith with reference to ald
patents. That whatever wa done by
said Smith in said patent proceedings
was so fraudulently and negligently
done that the cotnplalnanta herein
have been greatly damaged thereby,
and have been compelled to hire other
attorney to do the work for which
said Smith was hired and paid to do."
The complaint then proceeds to re
nt specifically the various amounia
of money received by Smith from the
company's agent and which. It Is com
plained, were not applied for the pur
poses for which they were advanced.
The fir"t allegation charged that on or
about September 6. 1 30. the company
on the representations of Smith paid to
him li;o as a fee for filing the neces
sary application for patenta to the
land, when the actual filing fee re
quired and paid wss only 110 and. It
t not paid until r-'ebruary 4. 109.
Adertlalag Ke Paid.
On the same date it Is further al
lcd the company advanced to Smith
for advertising the notice of ap
plication which, according to the com
plaint, com only . which also wa
paid In February. 10. Another spe
cific sum alleged In the complaint to
tiave been wrongfully converted by
S-nlth to his own use waa that of IISTS.
This money. It Is charged, wa paid to
smith November I. 10. on Smith"
"representations to 1-arey that It would
be needed for paying the purchase prlca
of the claims to the Government. It
Is asverted that neither this sum, nor
sny part of It has beeu paid to the
llovernmertt.
Other paragraph In the complaint
allege that Smith forged receipt to the
amount of IJ7S. which he represented
h paid for advertising the notice of
application to purchase the clslma from
I he Government: that a so-called pre
liminary receipt Smith professed to
hsve reeclved from the I -and Office on
the payment of the purchase price,
which was to be exchanged for a final
receipt when an error In the record
ai corrected, not only never existed
but was never In th possession of
Smith, who had not "nor haa ha since
made anr such payment to the Land
Ofrtre for the complainants herein."
Mlaappreprlatlaaa Refaaded.
Summing up Smith' alleged misap
propriation of the company's funds, the
complaint charges that tho various
snms "have been fraudulently and fe
loniously misappropriated by said
Smith and converted to his own use.
and that he ha failed and refused to
account for the same or to return or
refund them to their rightful owners,
or to apply them to the ends and pur
poses for which they were intended
and for which said Smith waa directed
to use them."
The Seattle lawyers preferred the
Identical charges against Smith with
the grievance committee of the Oregon
State Bar Association last June. but.
falling to obtain any action thereon,
have announced that they will prose-
cute their rharges before the Supreme
Court. At the time the charges were
before It.
MO.VKY KEPT FOR SERVICE
Maor Smith Explains His Connec
tion With Mining Suit-.
GRANTS PASA Or April 1. (Spe
cial.) Mayor Kobert Glenn Smith wa
much surprised on being told that dis
barment proceedings had been Insti
tuted suginst him in the Supreme Court,
and that grounds alleged there were
for fraudulent and felonious misappro
pristlon of I42S of funds of the Cleo
patra Development Company. So far
Smith has had no Intimation that such
proceedings had been started by the
development company or Its present at-
"ereral years ago." said Mr. Smith
"the Cleopatra Development Company
was Interested In some mines In North
ern California. tltls to which were con
tctrd. I procured a settlement of con
flicting lntere.it In the mines and pro
ceeded to apply for patents for claims.
Involving IS claim In all. I was fur
nished money by one of the stockhold
ers of the company for the purpose of
paring expenses '"J "
-There were adverse claim against
- t . i. hnHarl
Ibc property ior w,n.
thereof wanted 110.000. 1 carried on
the business of the company so the
i i tv. m m'nrthlean 1
Mdrre n""
. . w.. fr ih company
in 111 4 Ofrtc t and for the wrvicfi
of mr attorney in i Hinorm-,
cf r.iiir to nriorip
- . n innl nroreed mKl
nrctiMry vtuin. --.- -
were delayed. Some Seattle attorneys
were employed to take It after every
thing had been about completed by me.
a -t ! mar H a. n ii at TsArK
At that time i " ';.,.
..f this money received my me. which
. . .. .-(a This waa about
I reiameu "
two vears ago. Intimation cama to me
.hro.'.Ch a local attorney that ""thing
would be allowed m. for my serv re
This Is over a year
. k.iii tn iha at.M'khOlderS
I renaerca a i-m i
who had furnished me money, showing
' . t K,,a ixrliirnird. and
them tne wn m- .---
! r letter I stated that If the -same
were not satisfactory I would leave the
matter In dispute to any reputable at
torney. I never received any answer
and supposed the matter would be
taken up further If there were any real
objections.
"I had never beard of any complaint
being ' made before the bar associa
tion of any proceedings before th Su
preme Court up to this time. The pro
ceeding Is one which I will meet as
soon as possible. During the time I
waa employed by the company I
charged an annual retainer of ISO per
year.
"My charges for services In addition
to this, under an agreed price for get
ting patents on mining claims, had I
been allowed to complete the work,
would have been 12000. Considerable
time was put In and I gave valuable
services In settling clalma to property,
all of which were completed several
years ago.
"I have absolutely received no com
munication concerning this matter
alnca last August. I wrote the attor
neys at Seattle that I would probably
rail on them, but afterwards concluded
to send my bill to the stockholders.
who owned nearly all tna siocr m m
u ta (mm whom I received !
money, ana wno empioyeu m. - -
reiving no reply ana no iur.c.
munlcatlon from the attorney, I sup
posed my bill had been accepted."
COMPLAINT NOT El LED YET
Judge MoreUnd Await Action of
Grievance Committee.
SALEM. Or, April 1. ( Special.)
Complaint In disbarment proceedings
against R. O. Smith, Mayor of Grants
Pasa. while It haa been received by J. c
Moreland. Clerk of the State Supreme
Court, has not been filed.
Disbarment proceedings are in the
nature of an ex rel action, in which
either the District Attorney or the Attorney-General
brlnga the. action in the
name of the state, the official bring
ing It acting as relator.
Judge Moreland sent a letter to
Judge M. L Pipe, today, asking; for
Information as to what action the
grievance committee has taken. Judge
Pipe is ex-presldent of the State Bar
Association. After ascertaining what
the grievance committee ha done. If
there is no action by that committee In
view. Judge Moreland will refer the
question to the Attorney-General and
call upon the Washington attorneys to
submit proof as to the complaint. If
the proof la sufficient In the opinion of
the Attorney-General, the proceeding
wtll probably be continued before the
Supreme Court.
EXHIBIT FUND GROWING
COCXTV COURT PROVIDES FOR
PERMANENT DISPLAYS.
Many Articles to Be Shown at State
Fair at Salem Later Will Be
Returned to Creham.
ORESHAM. Or- April 1. (Special.)
Information baa been reeclved by the
board of directors of the Multnomah
County Fair Association that the sura
of ti&i has been appropriated by the
County Court. In addition to the 5000
appropriated for the Increaee of pre
mium, for the purpose of providing
and maintaining a permanent exhibit
of the resources of the county.
That sum will be placed at tho dis
posal of the State Fair Association.
however, but It Is intenaea to assist in
securing the exhibit which will go to
Salem and then be returned here for
exhibition and safe keeping.
The fair directors win begin secur
ing portions of the display aa soon a
early fruits begin to get ripe, snd will
endeavor to make a creditable showing
f all the agricultural and horticultural
resourcrs of the county.
The committee having in cnarge me
revision of the premium list for this
year has doubled nearly every prlxe
offer since the donation of 11000 has
tn made by the county, ana expects
to have the most creditable showing
ever made when the fair open next
October.
A sTvrcUl irlrr of ll w-in oe awara-
cd the best grange exhibit, and there
are Indication that Ihere will be sev
eral competitors.
It Is Intended to build another stock
shed and a machinery hall and rstab
Ilsh a flower garden In the vacant Held
In front of the pavilion. Other Im
provement are also contemplated.
YOUNG BURGLARS CAUGHT
School Copies Give Away Youthful
RlacWhand" Agent.
- ni.in. Kncclmens of hand
writing of every pupil In the Highland
. . . . . i .. u,wlv mntured
SCHOOL ltir"'r .......... --.
three bold, bad. black hand burglars
yesterday, an
Their betrayal came through leaving
behind them at a store they rifled a
threatening note, pronouncing death
upon him who Informed upon them.
- w iiinrits are Robert
Short. "S3 Holman street: Otto Rein-
hart. 1311 Norm r ouriccinn . m. ......
Amtle Cantan. 728 Highland street. It
was the last-named who was con
victed of having written the note, and
with this evidence presented, he con
fessed and led the detective to the
other two.
The three boys, accoraing o iin
tan. broke Into the store of G. Rutter.
RS9 Holman street, and etole II and a
- lo-arAttAs nnri chocolates.
nuanin.t ui
They left a note whlcn said: "If this
Is reported and I tlnd it out. which I
shall, your store will be Diowea or
burned and every fool be killed.
. - n.niu,i wlih the tra-
I mil was i.wi...' . -
dillonal sign of death. Tho culprits
were turnea over inn
MISFORTUNEJDOGS FAMILY
Appendicitis. Scarlet Fever and Ac
cident Overcome Five.
-. x-.-c.t-v--r: Wah Anrll 1. Sne-
rial fnklnd fste seems to be dogging
the lives of Mr. and Mrs. Frederick K.
Richardson and family. The aecond
child to die within less than two days
ws burled late yestcrdnjr afternoon
by the side of Junta, eight years old.
who died Friday. win "'""
of scarlet fever.
The hand of misfortune was first seen
last Fall, when Junta was taken to tha
hospital talc for an operation for ap
pendicitis. A few weeks later. Mr.
Rlcleardson. while working on a bridge
In Portland, fell. Injuring his spine and
breaking several ribs. Mrs. Richardson
then was taken to a hospital and op-
.. , annanrflr-ltlK. The Old-
rrBlFU UJ'.'ll ,v ' K -
est boy contracted scarlet fever and
then the baby, Gordon Oriel, became III
with It and died yesterday.
In the meantime Mrs. Richardson,
herself weakened by the operation for
appendicitis, became a victim of acar
let fever and then Junta, the S-year-old
daughter, took scarlet fever and died.
A prominent enlner of Hsmburg re
ports tht conrr-tf Mocks. Inirodn.-ed Into
rmn a trw rrars hso. t unsatlsfsr
t.,rr ss they proved to b mors np-n.lv
thin brlrk. to ahiea the Usrmaa people
ars partial.
Ml!
niAMr?HPfn,n pre- MiCDTO A MFhI!IMP XOTM
IViUlMijI LO. EASTER -lVlLilMlilUMliilMB 1U V L.1M ii
mr jh -uv
V I ' VJf ' I ' 1 ' r " W k m ' Til - - Vai " 1 as Bel
A Pictorial Demonstration of Values That Make This Dept. Talked About
SSL? Ssa-aSa 5
yearspast. We want you to come and see for yourself why it is advantageous for you to buy your reacty-to-wear apparei ai me mpvnuiu.
The Suits at $15.50
Regular $19.SO and $22.50
Every uit is new, every suit is distinctive and a wonder at
the price. An assemblage of over 150 suits in the plain
tailored and novelty styles that we have sold this season
at 19.60 and $22.50. Splendidly tailored in pretty nov
elty mixtures, in tans and grays, and serges in the popular
navies and tans. The illustration pictures three very smart
styles. You must see them to appreciate the rareness of
this sale at $15.50.
The Dresses at $8.95
Regular to $ 1 2.SO
Undoubtedly this lot of dresses will prove the greatest
value-giving Portland women have witnessed in many sea
sons. Every dres3 a gem; smart, clever styles reflecting
the latest ideas of fashion; beautifully made in white,
navy, brown or tan serges; pretty striped worsteds and
foulard silks in navy, brown or green. Cuts show three
of the styles included in this group. Needless to say, the
early buyers get the plums. A bargain at $8.95.
The Coats at
$12.85
Regular $14.75 to $16.50
Three styles just as pictured; one made of fine navy serge,
with w"hite serge collar and cuffs, handsomely braided; a
stunning coat; other styles of pretty tan or gray homespun
and novelty stripes, with satin trimmed, large collar, with
bag on cord; another of serge in navy or tan. with black
and white check trimming. All unusually well tailored,
and values that are the making of merchandise history at
the low price of $12.85.
Waists at Savings
$5.00 Silk Waists at $2.45
A specially grouped lot of Waists in messalines,
taffetas and chiffons in black, navy, browns and
cream. About eight distinct styles. Sold regu
larly at $5.00, sale price $2.45.
$1.75 Lingerie
and Tailored
Waists
$1.75 lingerie and
tailored Waists!
, dainty
linens.
and - per
cales. Sale price
only
.fe'lllf 'soft, sheer,
XP. I styles, and :
y madras a
Messaline Petticoats
$1.98
Thousands Bought Them
at $2.95 and $3.35
No Color Restrictions
Just 200, so be on hand early. Very well made, colors black,
navy, emerald green, tan, gray, brown, red, sky, pink every
shade that is desirable. No petticoat of this quality and
workmanship has ever been offered at this low price. See
for yourself.
Cloak and Suit Dept.
Entire Second Floor
NEW
MILMNEBT
fdum
126 Sixth St.
Near Washington
Two Specials
House Dresses
A very pretty assortment of House
Dresses, made of percales, ginghams
$1.95
and heavy lawns in very dainty styles, dark or
light colors. Well worth $2.75, special at only
$1.95.
An nsi A select variety of very finely made
P.aWD House Dresses of excellent quality
gingiiams, heavy lawns, chambrays and percales;
all colors. A regular $3.25 Dress, special $2.25.
Middy Blouses
Made of heavy drill and galatea, white flj 1 O 5
and colors. Splendid value at t1'4"'-
SMELT RUN NOW ON
Millions of Small Fish Enter
the Sandy River.
SUNDAY CROWDS ACTIVE
VHtr craft lil a rushing business all
day lona:. ,
The a-reat run will cease as suddenly
as It besan.
Hundreds Vac Nets Oil Cans and
r.rcn Bird Cages In Making
Haul Supposled Troutdnle
Be Called Rmelldale.
' TROLTDAI.K. Or.. April 1. (Spe
cial.) This thriving little city should
have been named tfmeltdale. as there
i.n-t a trout anywhere near It. But
the dainty little smelt Is Just now the
attraction that has mad the town the
Mecca of thousands who are all re
turning home laden down with all the
fish they care to take away with them.
The Krcat run of smelt from the
Columbia River becran on Thursday
last and was at ita greatest yesterday.
An Ideal day and the prospect of un
limited catches, torctner with the ex
citing sport of taking them, broufilit
people from every direction. The
bsnks wre lined with teams from all
over the county and automobiles from
the city, and the entire day wss spent
in a vain effort ta deplete the Sandy
River of Its finny denizens.
Millions Mill Die.
Thonssnds were cauirht but millions
jtot away, only to swim against th
strong- current for a few days iptTger
and then float back dead, dying or ex
hausted, when tha Rreatest run known
will all be over.
Nine years ago there was a similar
run of smelt In the Sandy. This is the
only river excepting the Cowlilx that
Is ever entered by them from tha Co
lumbia. No one can ever predict when
they are. comlnjr. It is only whNi the
water Is seen to be fairly alive with
them that the word Roes out and for
a fw days all other business is sus
1 pended while the people from far and
near lay in a Dig supply.
Bird Caa-ea Vaed aa Nets.
Yesterday's sport was exciting
enough It was attended with many
Involuntary baths and much mirth. The
fishing appliances consisted of nets tied
to long poles and every scoop Into tha
water brought up fish.
In place of the regulation net thera
A km n iinorovised scoops
made of wire gause. coal-oil cans and
even bird cages. a motion picture
outfit mada fllma and every aort of a
Mrs. J. . Baty Passes.
OREGON CITT, Or.. April 1. (Spe
cial.) Mrs. J. W. Baty. aged 68. a resi
dent of the state for the past 30 years,
died at her home here Saturday. Sho had
been in this city for only a year, hav
ing come from The Dalles. -She la sur
vived by a husband and by four sons
and a daughter living In Portland.
They are: A. E. Baty. C. F.. Baty. D. J.
Baty and Z E. Baty and Mrs. Tj. Shank.
The funeral will be held Monday aft
ernoon. March Day In Astoria.
ASTORIA, Or.. April 1. (Special.)
The records In local Weather Observer
Gllmore's office show that the month of
HAD HEMORRHOIDS
FOR FIFTEEN YEARS
Had Awful Time. Bleeding and
Sharp Pains, Cuticura Ointment
Gave Immediate Relief. After
2 Boxes Cured Permanently.
KtH Oclavia Bt., San Francisro. Calif. "t
suffered with piles (hemorrhoids) for fifteen
years bleeding piies. I surely did have an
awful time. I was distressed continually also .
nervous at ninht, with sharp pains at intervals,
and it worried mo as the bleedinj caused a
weak and faint feeling.
"I used which seemed to
Irritate, used a dozen of their boxes, but it
did no good. IaJwus-d and '
without results. Then I saw Cuticura Oint
ment advertised. I rot some and It gave im
mediate relief. After using it two times, it
stopped the bleediric. and after two boxes I
was cured permnrn"5" no mor" "'Tr
rag I alwavs ke-r a box of Cuticura Oint
ment on hand for family uses, such aa cnapped
hands, pimple?, etc. It H worth its weight In
gold." (Signed) John Ttnsman. J.0T. 29. 11.
ECZEMA HEALED IN 4 DAYS
Formed Hard Oust en Scalp. Very Itdr.
Marlboro. N. Y. "My little girt had ec
zema on tha scalp. First a small mattery
pimple appeared. The pimple broke and a
watery substance ran on tha skin, forming a
hard crust which was very itchy. It waa on
the top of her head and the crust became
large aa the palm of my hand. A friend rec
ommended Cuticura Boap and Ointment. In
four days the scalp was all healed, no sign of
enrrts or scabs could be seen. 8be has not
had a sign of eczema since Cut. cuia Soap and
Ointment cured her." (Signed) Mrs. H. B.
Cooley. April 3. 1911.
Cuticura Soap and Ointment are sold
everywhere. Samyle of each mailed free
with 32-p. book. Address "Cut"'". '
Dept. T. Boston. Tender-faced men shoulo
lhara with Cuticura Boap Shaving Stick.
March was an unusually dry one in
Astoria, the total precipitation being
3.3 inches, or 3.67 Inches below the av
prevlous years. The greatest amount
of rainfall during any 2 hours was
.S6 Inch. There were 13 days on
which rain fell. 14 days were clear,
erage for the corresponding month of
9 partly cloudy and 9 were cloudy. Tha
highest temperature was 4 degrees on
.March 21 and the lowest temperature
was 29 degrees on March 3. .
I rrrarmrr ET3 'Wm fmi i
B iiias..:;-i..-ii t
i.3 OA
fall. OhUtvs,-: y
GOING OUT OF BUSINESS
Magnificent Birdseye
Maple Bed-
Set
There are
five pieces
in this set.
each one of
v h i c Ii is a
work of art.
It includes a
bed. dresser,
c h 1 ffonier,
chair and
rocker. The
bed is of
N a p o 1 eon
desisn. with
p o 1 ish fin
ish, and lias
been regu
larlv sold
for j."5. l'or
the purposes
of thin sale
itisSaP.35
The c h I f
f o n i er and
d resser of
the same
material, the
former hav
1 n g five
tlrawers and
the latter
three, both
with FTench,
bevel - plate
mirrors, add
tasteand.
elegance to
any c h a m
b e r. The
chair has a
saddle seat,
is arracefllll
reduction is me najiiw i 11
Birdseye Napoleon Bed..
tfiroaeye t. auiosirr
Ririli.vp nreaaer.
Birdseye Bedroom
Blraaeye hockct..
.PITl a.
i r-i . ata i ' or
najne m c-i 0.0
n Bed 3Jt5 "I
ler 19.5R
10.B5 y
a Chair. . . . S JW I
3.85 J
THE ENTIRE
OUTFIT O"
TERMS FX)
l a
a
FIRST, SECOND AND YAMHILL STREETS