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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 14, 1913)
N V VOL. LIU XO. 16,501. i mvi. TEST SUIT IS Law's Constitutionality Is Attacked. FRANK C. STETTLER PLAINTIFF Box Manufacturer Says Busl ness Imperilled by Act. INJUNCTION IS REQUESTED Father O'Hara, or Industrial Wei far Commission, Say Future of Act Throughout Country De pends on Oregon Case. Suit attacking the constitutionality of the minimum wage law waa filed yesterday ag-alnst Edwin V. O'Hara, Bertha Moores and Amedea M. Smith, members of the Industrial Welfare Commission, and the court waa asked to restrain the defendants and each of them from putting into effect the stat ute. The suit la brought by Frank C. Stettler. a manufacturer of paper boxes. The statute win not go into effect until November SS. by which time it is believed the case can be car ried through the Oregon Supreme Court. The suit was filed by Fulton & Bowerman. attorneys for the plain tiff. Wife Featnre Only Attacked. The order, promulgated by the Wel fare Commission, which is attacked by the suit, provides that it shall be un lawful for any person or firm, operat ing a manufacturing establishment in the city of Portland to employ any woman for more than nine hours in any one day or more than 50 hours a v.-eek: allow less than 45 minutes each r.jy for lunch hour; and to pay any ixperlenced adult woman less than 5S.64 a week. Any less amount was f-lared by the commission to be in ' ; dequate to supply the necessary cost if living. The suit does not touch on that por tion of the act which regulates the hours of employment. Only the wage feature is attacked. G rounds Are Set Forth. The constitutionality of the statute is attacked on the following grounds: 1. It deprives the plaintiff of his property and his liberty without due or any process of law. 2. It denies to plaintiff the equal protection of the law. j. it provides for the taking of the property of this plaintiff without Just or any compensation. 4. The act denies to and deprives plaintiff of the right to have the rea sonableness of the order judicially re viewed and determined. 5. The legislative assembly by the statute has attempted to delegate to the commission and the conference legislative power which lawfully can be exercised only by the legislative assembly. Business la Peril la Assertion. Mr. Stettler charges that he has in vested a large amount of money in the business, has devoted much time to the organization and. extension of his trade and in acquiring the good will of his patrons and that if he is compelled to conduct his business in compliance with the statute it will mean that he must conduct it at a 1ds or abandon it. Many of the women employed by him, he says, are paid the statutory fee of 8.64 a week, some more than that and some, be cause of age or Inexperience, are paid less. He employs at present 42 women. Father O'Hara, chairman of the commission, said last night that he was glad the suit bad been brought. Father O'Hara said: "An Industry which does not pay Its employes enough to cover their neces sary costs of living Is a parasite on the homes of the poor and is subsi dised by its employes. If any in dustry is so important to the commu nity as to deserve to be sustained by a subsidy, such a subsidy should come from some other source than its work ing girls. Women's) Protection Argued. "The principle on which the act is based Is that the welfare of women must take precedence over any com mercial consideration. The mothers of the future generation should not be sacrificed to Industrial gain. "Similar legislation has been passed In California. Washington, Minnesota and Wisconsin, but In none of these states has the commission made any ruling, and if the measure falls in one state It must fall In all. This is the first time the question has ever been taken into the courts in this country, fiut .imiliip measures have been in ef fect in Europe and Australia for many J years. "It has stood the tests of the courts in those countries and we believe It will stand the same test In this coun try." Owner of Valuable Cats Dead. JOLIET. IU, Oct. IS. Mrs. Phillip Mersinger. owner f a $5100 collection of prise cats and widelyn known as an exhibitor at cat shows, died here to day, aged C5 years. She formerly owned "Spangle." reputed as the most BEGUN ON fill WAGE valuable cat in the country. J . -. i BALLOONIST UPSON OUT OVER CHANNEL AMERICA IX PERILOUS FLIGHT SEEN AT FRENCH SEAPORT. Fifteen Other Aerostats Pass Over Rennes and Competitors May Be Floating Above Water. DiPiq -France. Oct. 13. Far ou over the English Channel tonight is railing RalDh Upson's balloon, repro senting the United States in the race for the James Gordon Bennett iropny. Word from the seaport of Granville, France, was that the American aero stat passed pver that place and out over the channel at 6 o'clock tonight. Granville is a seaport at the foot of a promontory projecting into the Eng lish Channel. . Granville is about 250 miles from Tari. nri at this time. Upson's oai loon is the farthest from the starting point of any of the big gas bags tnus far rennrted. Five of the balloons in the race naased over Ftennes. France, this after noon, and seven passed over Retlers to the southeast or tnat point, ana thru, over Fousreres. to the northeast. This is an inland point about 60 miles south of Granville, and the balloons wiv all traveling; in a general norm erly direction, so that Upson's craft tnav hum heen one of these and tne American may tonight have company In his flight across tne jsngusn i-oan-nel. provided the other ' entrants did not descend rather than chance the perilous flight across the water. All carried life belts as a precaution against a possible dip in the water, with tha exceDtlon of the American entrants, who "traveled light." AUT0ISTS URGE NEW LAW Mayor Silent Regarding Proposed Regulation of Foot Traffic. Officers and several members of the Portland Automobile Club held a con ference with Mayor Albee yesterday, at which the provisions of the proposed new traffic ordinance were discussed at length. Retarding a provision in the meas ure subjecting pedestrians to the whis tle of traffic policemen and proniDii- ing the crossing of streets at any place excepting Intersections and there only at rlarht angles, members of the club declared that was a regulation enforced In many large Eastern cities ana naa proved to be a good law. M.ivnr Albee was noncommittal on the measure, saying that he wished to see It and make a study of the pro visions before agreeing to introduce it in the City Council sessions. APPLE DAY JV1ENU STARTED Oregon Ilotclmeu to Be Urged to Use Topical Fruit November . 14. You will eat apples whether you de sire to do so or not, on November 14, "Apple day," if the plan which is being promulgated by Manager Peter Kuehn ling. of The Dalles Hotel, is carried out. Mr. Kuehnling has prepared for his own hotel an apple day menu, and every hotelkeeper In Oregon will be urged to do likewise. Apple Jack cocktails, cider soup ap ple fritters, roast pork and apple sauce, roast turkey stuffed with apples, apple mayonnaise, apple dumplings, apple pie and baked apples with cream are only a few of the dishes suggested. LOOT VALUEJS $1,000,000 Xew York Police Think They Have Solved Auto Thert Mystery. NEW YORK, Oct. 13. Through the arrest of two men and a woman at Camden, N. J., the New York police said, today that they had laid' the groundwork- for solving the mystery concerning the theft in recent months of automobiles and equipment valued roughly at $1,000,000. One of the prisoners Is described as Eugene Hatton, generally known as "Funny" Hatton.' The woman has gained the title of "queen of the auto bandits." The name of the other man was not announced. BIGGER FLEET IS PROPOSED Hamburg-American Line Finds Need of More Ships in Pacific. HAMBURG. Oct. 13. The directors of the Hamburg-American Line announced today that they proposed to increase the capital of the company by 17,500, 000. The proposal, which is to be sub mitted to the stockholders at a special meeting, is said to be due to the ne cessity of largely Increasing the com pany's fleet of foreign carrying vessels in view of the opening of the Panama Canal and for the establishment of a new Oriental service. " , AUTO VICTIM MADE HAPPY President Presents Bobbie Crawford With Xew Wheel and Letter. WASHINGTON, Oct. 13. Fifteen-year-old Bobble Crawford, a messenger, who rode in front of President Wilson's automobile a few days ago, was a happy lad today. When he left the hospital fully re covered, he received a brand new wheel, the gift of the President, and a per sonal letter. - B. F. O'Xeil Is in Prison. BOISE. Idaho. Oct. 13. B. F. O'Nell. convicted of making false reports to the State Bank Examiner of the con dition of the Bank of Commerce while Its president, arrived here tonight in company with four other convicts from North Idaho, and Immediately began his term of two to ten years in the penitentiary, - UNDERWOOD REPLY TO HQBSON CHEERED Oratorical Duel En. livens House. CLIMAX OF SCENE DRAMATIC 'No, No Shout Members When Asked if Charge Is Believed. 'HERO' TOLD TO 'SIT DOWN' Majority Leader Denies Intimation That Ro Is "Tool or Wall Street and Liqnor Interests" Repub licans Also Applaud Him. WASHINGTON, Oct. 18. Representa tive Richmond Pearson Hobson, Rep resentative of Alamaba, and his ' col league. Majority Leader Underwood, engaged in a bitter debate on the floor of the House today over the Senatorial contest in their state, in which they are rical candidates. The oratorical duel was precipitated by Mr. Hobson re Iterating utterances he made last week In a speech at Wetumpka, Ala intimat ing that Mrj Underwood was "the tool of Wall street and the liquor inter ests," and charging that he had gained Alabama's support in the last Presi dential campaign under false pretenses. Cheers from Democrats and Repub licans greeted Mr. Underwood as he rose to reply, and later, when Mr. Hob son tried to interrupt, there were loud cries of "Sit down, sit down; you've had your time." Clamor Favors Uaderwood. The climax In the dramatic scene came when the majority leader, facing about in his place, asked: "Is there any other man in this chamber who believes the charge that I am or ever have been the tool of Wall street?" He waa answered by shouts of "No, no," from both sides of the House. Speaking to a: question of personal privilege in answer to a charge of "ab senteeism" made against him last week by Representative Donovan, of Con necticut, Mr.. Hobson had devoted an hour to. an explanation of his record In Congress. He declared that in the campaign for the Senate the Alabama party leaders had looked for a man to beat him and that the liquor interests were behind every effort to defeat him politically. ' Discussing his recent speech and the comment since then that he was a supporter of Underwood (Concluded on Page 3.) ( "That voo do J gi jjv- . nnunv TTTuanAY nPTfmTi'i? '14 1913. PRICE FIVE CENTS. INDEX CF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 17 degrees; minimum. 4G degrees. . TODAY'S Occasional rain; westerly winds. Foreign. Sylvia Pankhurst breaks away from police 1u riot at militant meeting. t Volturno owners suspect rival lines of burn in shin at sea. Page 3. German warship sent to Mexico may sober Huerta, rage 1. National. Senstn Tint In adiourn until currency bill is acted on. Page 2. Underwood cheered by both siaes of House In reply to Hobson. Page 1. - Domestic. Sulzer Impeachment court fails to reach ver dict. Page 4. Proposal to change name of Episcopal Ctauroh to American-Catholic brings oe bate at conference. Pago 1. . Sports. Ad Wolgast wins over Bat Nelson In ten round no-declslon tight. Page 7. Beavers have cinch on 1811 pennant. Page 7. White Box beat Cubs for Chicago champion ship. Page 6. Pacifle Northwest. Governor sends Miss' Fern Hobbs to Wash ington to urge Congress to act on bills affecting Oregon lands. Page IS. Washington Bull Moose open guns on Sen ator Jones, page o. One fatality result of srles of storms sweep lng over Oregon. Pago 12. Commercial and Marine. Thmi ttriiiam rhonim Beaver for start en voyage. Pace IT. Captain and mates of Glenesslln blamed for wreck. Page 18. Oregon hopgrowers hold for higher price. Pare 17. Better prices paid for choice cattle offer- lngs. Page IT. Portland and Vicinity. Warrant Issued for Lloyd H. Wllklns Charges murder of Lou L. Winters, rage 10. Mrs. Gay Lombard hostess at dinner-dance at Waverly Club. Page lO. Methodists decide to hold principal services in Grace Cnurcn. page ij. Symphony orchestra fund is n earing J4000 mark. . Page 10. Grare to be reopened In effort to gain new clew in LaFrance case. Page 10. Mrs. Robert T. Coatee declares affinity ar rested with husband is "fat and ugly. Page 11. Constitutionality of Oregon minimum wage law la attacked In test suit. Page 1. Weather report, data and forecast. Page 13. American Indians meet Education, Language and Govern ment Policy Will Be Discussed. DENVER, Colo.. Oct IS. The annual convention of the Society of American Indians will open tomorrow. A number of delegates from all over the country, representing several tribes, are here. Th. ancletv is made up of Indians who have organised for the betterment of their race. Numerous questions re lating to education, language and the nollev of the United States Government will be discussed at the convention. ARKANSAS ISJ0 GO "DRY" State ' Snp'reino Court tTpnoTd-j Going ' Prohibition Bill. .LITTLE ROCK, Ark., Oct. 13. The State Supreme Court sustained today the validity of the Going prohibition bill and Arkansas will oecome "dry" after January 1 next. The law requires a petition contain ing the names of a majority of white adults of any community after the en tire county has been voted "wet," un der local option, before the county Judge may grant a liquor license. WHY WORRY? OF lift! SOBER HUERTA Dispatch of Warship Is Not Disapproved. BRITISH BACK YANKEE POLICY America Warns Neighbor Re- ; public to Protect Deputies. ELECTION MAY BE DELAYED Official Washington Thinks Europe Now Recognizes Weakness of Provisional President Fever Is Reported in South. WASHINGTON. Oct 13. Germany's decision to dispatch a warship to Mex ican waters attracted wid- attention in official circles here tonight Presi dent Wilson was informed of Germany's action only by press dispatches. No formal comment was made on the incident, but it was apparent that the Washington Government was not dis pleased. Significance was attached to the action by official Washington, however, because it waa accepted as indicating that European powers which previously had recognized the Huerta government among which were Germany and Great Britain, now saw evidences of Huerta's inability to dominate the situation. British to Back America. Latest' advices from Great Britain to Washington are to the effect that King George and Queen Mary have, taken a personal interest in the situation with a view to fostering measures that would support the policy of the United States It is reported that Great Britain is prepared at the first oppor tunity to repudiate the recognition, and that failure of the Huerta administra tion to hold a constitutional election on October 36 probably will be held as sufficient cause. . ' ' . While -the American war vessels, in Mexican waters outnumber -the -foreign ships, and will render any aid, not only to Americans, but to all citizens of other nations in cases of emergency, it is thought by the Washington au iiiniHtin that th sending- of a German vessel, immediately after the arrest of the deputies, may have a sobering ef fect on Provisional President Huerta. - Stronnr Representations Sent Stroner reoresentations went forth from the United States to the Mexican officials today, calling' upon General (Concluded on Page 2.) HOVE GERMANS EPISCOPALIANS IN DEBATE OVER NAME HIGH AXD LOW CHURCH DELE GATES IX HEATED SESSION". ' Effort to Call Body "American Cuth olic" Brings Contest on Prayer Book's Revision. NEW YORK. Oct 13. The sugges tion that the corporate name of the Protestant Episcopal Church be changed to Use American Catholic Church precipitated a long debate to day at the general convention of the church. At the instance of the high church party it was voted by the house of deputies to appoint a committee to revise the prayerbook. It waa openly declared by low church delegates that the resolution as intro duced by the high church members left the way clear for the commission to decide for the whole house of deputies that the church name should be changed. The low church delegates succeeded in having restricting amend ments adopted, making it impossible for the commission to take such action If it desired to do so. Dr. Randolph M. McKim, of Wash ington, a low church leader, declared the appointment of such a. commission was the opening move toward chang ing the church name. He offered an amendment reading "provided that no proposals to change the title page of the prayerbook or the name of the church shall be referred to said com mission." After much discussion the resolution waa adopted. FOG LIFTS; SHIP HEMMED Vessel Bounds Over Rocks After Los- . lng Way to Port. SAN FRANCISCO, Oct 13. Dense fog, which hung over San Francisco Bay today, lifted a moment as the steamer John A. Hooper, from Los Ange'es har bor, was making port-or thought she was and Captain Martin saw, a few yards ahead, the gray walls of the Cliff House. A Jingling of engine-room bells brought the vessel to an agitated standstill. Then she began to back, dl rectly toward- Seal rocks, which were so near that the vessel occupied most of ' the intermediate' space. To the south lay the sand beach, with a life- saving station as nearby evidence of what would happen in that dire. tlon. Captain Martin took the only remain lng chance. He swung his boat in her own length and headed north. She be gan to scrape on the rocks, hung for a moment, and slid into deep water. REVIVAL HELD IN SALOON Evangelist Scores Church Members Who Sneak in by Back Door. MACON, Mo., Oct 13. Robert Jones, an evangelist turned "Bob" . Thomas' saloon into a revival meeting here this afternoon, mounted a beer keg to. de liver a sermon and converted a dozen frequenters. The evangelist had been Invited to the saloon by Its owner. "The proprietor of this place," said Mr. Jones, "has Invited us to hold re ligious services, giving us an oppor tunity to talk to men whom we might not otherwise have met I love him and all these men about me, but I am against tho liquor business. A saloon keeper, however. Is not as bad as the church member who slips in at the back door and gets his drink. AIGRETTES NOT MOLESTED Kotterdam Passengers Allowed to Go Through Customs Despite Protest. NEW YORK. Oct. 15. (Special.) A dozen or more women who arrived to day by the Holland-American liner Rot terdam, wore aigrettes in their hats, but none of them was requested by the customs inspectors to take the reamer out and turn It over to the custody of the Government A woman voyageur who said she was tnemher of the Audobon Society, sug gested to one of the Inspectors that he should do something, as sne Deueveu many of the feathers were bought abroad. The inspector Informed his su perior, but they decided to let the wom en with aigrettes alone. ROBBERIES TRACED TO GIRL 13-Year-Old Lassie Boldly Takes Valuables From Homes. hoot-TAM". Wash.. Oct. 13. (Special.) Ten or more burglaries In Aberdeen have been traced by the ponce lo a little 13-year-old schoolgirl. . The child was hold and deliberate In her work. In the house of Charles Sauers she walked into the kitchen, where a maid was at work, told the maid she wanted a pair of scissors for Mrs. Sauera and when she left took both the scissors and a purse. Among the homes entered and robbed are those of W. H. Tucker, J. B. Bridges, E. S. Miller and Charles Sauers. GIRL "SHOOS" AWAY BEAR Treed Hunter Escapes When Lass Comes to Aid With Kitchen Apron. DULUTH, Oct. 13. That a kitchen apron is a more effective weapon against a bear than a gun, when prop erly used, was proved today by Miss Clara Mellum, aged 18. who lives on a farm near Grand Lake. Miss Mel lum, while walking through the woods, found Albert Peterson, of Duluth, a hunter, perched In a tree with a half- grown bear expectantly waiting be neath him. Miss Mellum "shooed" the bear away with her apron and allowed Peterson to make hia escape. , AT MILITANT Sylvia Pankhurst Es capes in Riot. WOMEN ARE TRAMPLED UPON Officers Grab Leader When Disguise Is Removed. BATTLE WAGED ON STAGE Benches and Chairs Are Hurled and lit Midst or Uproar Suffragette Orator Breaks Away and Is Taken Uome by Friends. LONDON. Oct 13. After a fierce) struggle the police arrested. Miss Syl via Pankhurst at Buw Neaths, In the East End of London tonight, where she was making a speech. When they led her outside the building to take her to Holloway Jail, tho militants at tacked the police so savagely that they had to let her go and she escaped. Miss Pankhurst who has an uncom pleted term of imprisonment to serve, was not recognized until she threw aside the disguise which enabled her to elude tho police and enter the build ing. Se was warmly applauded as she stepped on the platform, but had been speaking only a few minutes when detectives, accompanied by a body of uniformed police with drawn trunch eons, entered the hall and made a rush for the platform. Chairs Begin to Fly. The audlenco arose and chairs began to fly. Some of the people in the gal leries even dropped benches on the heads of the police. The police gained tho platform and for ten minutes a dosperate battle waged, the officers using their clubs freely and those on the platform utilizing chairs as weapons. The police succeeded in dragging Miss Pankhurst down to the floor of the house, while reinforcements cleared the hall. Outside the struggle was renewed with greater fury. Men and women were thrown down and tram pled upon. Concentrating the attack on the policemen who had the militant leader in their grasp, the women, with the- assistance of several men, suc ceeded in tearing her from their grip and she slipped away. Several women afterward complained of having been thrown down and kicked by the police and by the police and men. and after the fracas were seen nursing bruises. Miss Zelle Em erson, of Jackson, Mich., whose Im prisonment caused such a furoro sev eral months ago, was one of those in jured. Mrs. Lee, who presided at the meeting and took a conspicuous part in the attack on the police, was ar rested. Miss Pankhurst later announced her Intention to address a meeting at the Poplar Town Hall tomorrow night. Royal Weddluir to lie Attacked. Every effort will be made to call to the attention of the notables at the royal wedding on Wednesday tlio tor tures which the women of England have suffered for the enfranchisement of their sex." In these words the militant suffra gettes at a meetng tonight promised to take advantago of the wedding of Prince Arthur of Connaught and tho Duchess of Fife, "for the good of the cause. Miss Annie Kenney, one of the noted leaders of the militants, who has been on hunger strike since her arrest on October 6. was released tonight, after threats had been made at a meeting of the militants In the afternoon that If she were not freed, the mllltunts would bombard the home office and camp on the Right Hon. Reginald McKenna's front steps until they could find some way of reaching him. MILITANT TO BE DETAIVED Mrs. Pankhurst Must Pass Inquiry Before Entering America. WASHINGTON. Oct 13. When Mrs. Emmellne Pankhurst the militant British suffragette arrives on the liner La Provence probably Friday, she will be detained at the Ellis Island Immi grant station, according to present plans, until a special board of Inquiry can determine whether she comes within the class of aliens excluded from the United States. Whilo the immigration authorities have issued no orders for her deten tion, scores of protests against her ad mission here, lodged with immigration authorities here, and with the local au. thorities at New York, leave no other course open to the authorities. Officials here say no protest against Mrs. Pankhurst's admission has been received from the society opposed to woman suffrage or from any of Its members on behalf of the organization. A record of Mrs. Pankhurst's activ ities, her arrests and Imprisonments has been furnished to the authorities of New York. On that and on a hear ing, the Immigration authorities will decide If any of the suffrage leader's acts have been such as to debar her from the United States. A principal question to be determined will be, do her court record and Jail sentences In the cause of votes for women consti tute moral turpitude within tho mean- ng of the immigration law. POLICE ROUTED MEETING ft