Morning Oregonian., October 21, 1913, Page 2, Image 2

THE MORMXG OREGONIAN, TUESDAY, OCTOBER 21, 1913.
COURT ILL STUDY
DOORS AHE-OFEHED
EX-CANDIDATE FOR PRESIDENT ON "PEOPLE'S TICKET"
CHARGED WITH SENDING OBSCENE MATTER
THROUGH MAIL.
ALLEGED OBSCENITY
T
"2
10 IS
PANKHURS
Hearing of Thomas E. Watson
ex-Presidential Candidate,
Is Continued.
DEFENSE ADMITS ATTACKS
Effort Is Made to Quash Charge of
Sending Objectionable Matter
Through Mails Against Ed
itor, Poblicist, Politician.
AUGUSTA, Ga.. Oct 20. Hearing of
the moticn of the defense to quash the
Federal Indictment against Thomas B.
Watson, editor, publicist and politician,
charged with sending obscene matter
through the mails, was continual today
until tomorrow by United States Judge
Ki fus e. Foster, in order to' give the
court opportunity to study the lan
guage of he publications alleged to be
objectionable. Mr. Watson once was
Presidential candidate of the "People's
party."
Upon request of S. G. McLendon, of
counsel for the defense, the drawing of
the jury was postponed in order that
two motions might be presented to the
court. The first was a petition ask
ing that the Government be directed
to file a bill of particulars, specify
ing the issues of "Watson's Magazine'
and "The Jeffersonian," in which the
alleged obscene language appeared.
By direction of the court this Imme
diately was complied with.
Certain Attacks Admitted.
The second motion upon which ar
gument is uncompleted sought the
quashing of the indictment.
It was admitted by the defense that
Watson had written and published
certain attacks upon the Roman Cath
olic Church, in which the passages
referred to in the indictments returned
against him November 12, 1912, ap
peared. Two of these passages were
in English and one in Latin. Mr. Mc
Lendon, however, argued that the in
dictment should be quashed because
the alleged unmailable matter was not
set out therein; or names of any per
sons addressed given because the pub
lication containing the passage is not
a book or pamphlet; because the lan
guage is not obscene within the mean
ing of the statute; because the Su
preme Court has no authority to es
tablish a standard of obscenity, and
because the statute Itself is indefinite
in that it omits the mention of news
papers and magazines.
Judge Interrupts Ancnmrnt.
He contended that the Federal
statute is void because Congress has
no power to make any act a crime in
which the element of unlawful intent
is not involved Or to abridge the free
dom of the press. Mr. McLendon was
in the midst of this argument when
Judge Foster interrupted, saying it
seemed useless to pursue further the
.historical aspects of the matter.
"The United States Supreme Court
has decided," said Judge Foster, "that
Congress can exclude obscene matter
from the mails, regardless of whether
it appears in newspapers, magazines
or letters. This would not,-in my opin
ion, trench upon the freedom of the
press, and. I can not understand how
any man would be unable to express
his ideas without resorting to the use
of obscene or filthy language."
mmmmtm-m iwwww jwva -.wu'm .''wpjw'iMKw..,i.juwiijii..aTO .'"wimuvim
V " V ' s "
Cx i - T " J&
On President's Order Militant
Comes In Scene at Ellis
Island Rare.
V
THOMAS E3. WATSON.
CASES 0W APPEAL
ARE FULL! DEFIED
Chief justice McBride, in Opin
ion, Tells Why Supreme
Court Is Behind.
LOWER TRIBUNALS SCORED
FARE, 19 MILES, A NICKEL
Street
Railway Company
Cheap Ride.
Offers
With the re-routing of St Johns cars
around a loop in the Peninsula dis
trict by the Portland Railway. Light &
Power Company Portland now har 31
distinct streetcar lines, each serving a
separate part of the city. Only a few
years ago the various streetcar lines
could be counted on the fingers of two
hands.
The 3T lines traverse 187 miles of
track in the aggregate, although many
of them traverse the same track for
a portion of their routes. Twenty-one
of the lines are more than three -miles
in length. That is, a car travels more
than three miles in going from ter
minal to terminal.
This large number of long lines is
due to the large area within the cor
porate limits of Portland. The area of
the city itself is 56 square miles, and
from the western boundary beyond
Portland Heights as the crow flies, to
the eastern boundary beyond Monta
villa, the city is eight miles wide. From
Sell wood north to the Columbia Slough
it is eight and one-half miles long.
Owing to the irregular way in which
the boundary lines run, however, there
are fewer square miles in the city than
these figures as to its length and width
would indicate.
Figures compiled by the Portland
Railway, Light & Power Company show
that the longest streetcar line in the
city is that running to St. Johns. From
Fifth and Washington streets to the
principal street in St. Johns the dis
tance by streetcar is given as 9.33
miles. Passengers from Lents Junction
who ride through to St. Johns, as can
be done for a single fare, travel 19.08
miles for S cents.
Other streetcar lines more than three
miles long Include the Mount Scott
line, 7.S7 miles; Mount Tabor, 6.20;
Woodstock, 6.44; Kenton, 6.93; Rose
City Park, 5.48; Sellwood, 5.45; Alberta,
6.19; Woodlawn, 5.17; North and South
Portland, 5.17; Broadway, 4.40; Russell
Shaver, 3.86; Williams avenue, 8.72;
Morrison, 3.70: Richmond, 3.63; Irving
ton, 3.61; Portland Heights, 3.48; Mis
sissippi avenue, 3.42; Sixteenth street,
3.61; Brooklyn, 3.83.
In
Action at Issue, R. M. Knight
vs. O. II. Beyers, Jurist Declares
Judge in Lower Court Erred
In Jury Instruction.
BORAH'S REPLY POINTED
Senator Makes It Plain He Disap
proves of Mrs, Pankhurst.
OREGOXIAN NEWS BUREAU, Wash
ington. Oct. 20. Senator Borah today
accepted an invitation to address the
Woman Suffrage Union of Newark, N.
J., next Saturday night, but in accepting-
he. made it plain that he heartily
disapproved of Mrs. Pankhurst and all
she represents. In a letter accepting
the invitation Senator Borah wrote:
"In order that our committee may not
be embarrassed, I think I ought to say
that if Mrs. Pankhurst should be pres
ent at the Saturday night meeting, or if
the meeting itself should Indicate any
sympathy with her gospel of lawless
ness and crime, I should feel compelled
to express my views in plain and un
mistakable terms. While I am most
anxious to assist in the cause, I will not
by silence or by any most indirect
-way seem to Indorse the vicious prin
ciples which have been involved in the
fight for woman suffrage in other
countries. This is a Government of
law and order and there is no cause
which ought to succeed which may not
succeed along these lines.' ,
SALEM, Or., Oct. 20 (Special.) In
affirming the decii (on of the Douglas
County Circuit Court in the case of
R, M. Knight against O. H. Beyers, the
Supreme Court in a recent opinion,
written by Chief-Justice McBride, de
nned more fully than r before what
classes of cases should be appealed. It
lopg has been charged that many cases
are appealed that should have final ad
judication in the lower courts, which
is largely the cause of the highest
tribunal in the state being behind with
the docket.
In the case at issue it was alleged
by the plaintiff that the defendant en
tered the dwelling of the plaintiff and
wrongfully carried away personal
property valued at $1000. It was fur
ther alleged that by reason of the un
lawful taking of beds and bed cloth
ing the plaintiff, his wife and two small
children were compelled to sit up all
night or sleep upon a mattress upon
which a person had died a day of two
before. As a result, it was charged,
the plaintiff's wife and one of his chil
dren contracted severe colds. Damage
In the sum of $5000 was asked, a jury
returning a verdict for plaintiff of $167,
Chief Justice McBride holds that the
lower court erred in instructing the
Jury that if it believed the taking of
the articles was malicious it was its
duty to give damages in some amount
by way of punishment, tiowever, tne
amount being small, and the evidence
conflicting, the court refused to send
the case back for retrial. Chief Jus
tlce McBride says in part:
Jurisdiction Limit Fixed.
"It seems appropriate here to define
the limits and extent of the Jurisdic
tion of ibis court under section 3 ar
ticle 7 of the constitution, which was
evidently adopted with a view to pre
vent a multiplicity of retrials in tne
Circuit Court. The plain intent seems
to be that no error shall be cause for
reversal in the court, with ail the testi
mony before it, can determine what
Judgment ought to oe given.
The first question before the Appel
late Court, therefore, is, was any er
"ror of law committed by the lower
court7 The second, has this court, with
the record and testimony before It, suf
ficient data upon which to retry the
cast and determine what Judgment
ought to be rendered upon the law and
the facts? It has frequently been con
tended that such a course renders
nugatory that part of the section
which provides that the right of trial
by jury shall be preserved; but it
should be remembered that appeal to
this court is not a constitutional right,
being merely a statutory privilege.
(State against Security Savings Com
pany, 28 Oregon, 410, 43 Pac. 162; Cat
terlin against Bush, 39 Oregon, 496,
59 Pac. 1064; Sears against Dunbar, SO
Oregon 36, 91 Pac. 145).
"An appeal being then a statutory
privilege and not a constitutional right,
an appellant who would otherwise be
without remedy must exercise such
privilege subject to such conditions as
may be imposed by the constitution or
statutes. The provision of the consti
tution quoted says in effect to a dis
satisfied litigant: 'You may appeal, but
you take this privilege subject to the
power of the Appellate Court to retry
your case and render any Judgment it
sees fit.'
Only One Limitation Seen.
"It will be observed that this right is
given in the broadest terms, and with
only one limitation, namely, that the
appellate court may not find the de
fendant in a criminal case guilty of an
offense for which a greater penalty Is
prescribed than that of which the ac
cused was convicted in the lower court.
This exception proves the rule, and In
dicates the Intent of the lawmaking
power, in this Instance the people, to
invest this court with power, if in its
judgment such, course seems proper, to
retry cases erroneously tried in the
court below.
"Many instances have occurred and
others doubtless will occur when a trial
by a jury may seem more likely to pro
mote justice than a trial upon the
record presented to this court, but this,
in our judgment, is not such a case
"This statement of our views must
be taken with the explanation that we
cannot undertake to retry any fact
found by a jury properly empaneled
and instructed when there is any evl
dence to support its verdict.
WIDE SCOPE IS COVERED
(Continued From First Page.)
ere in small towns should get more pay
as compensation for living there.
Eight hours was declared by sev
eral members of the conference to be
long enough for anyone to work. Opin'-
ion was unanimous that a work-week
should be composed of six days, with
one full day for rest, rather than two
half days.
Men Not Good on Phones.
The questions of length of appretice-
ship and of night work also were dis
cussed. . .
H. T. Parkison. division superintend
ent of traffic for the Pacific Telephone
& Telegraph Company, said that the
telephone business requires girls to
work at night
"It is true that the telephone bust
ness requires night work," said Father
O'Hara, chairman of the Commission,
"but is it true that it is necessary for
girls to work at night?"
"I will answer that question by say
ing that in no instance have young
men been successful as telephone op
erators," answered Mr. Parklson.
"They have been tried, but they have
net been satisfactory."
"Why?" came from several in chorus.
"They lack the patience that girls
have, and that is necessary, with cour.
tesy and tact," was the reply.
"Then work at a telephone switch
board," said Chairman Cohen, "is par-
lcularly a woman's work because of
her gentler handling of the English
language?"
Night Work Question Difficult.
"Why not train young men in cour
tesy by having them serve apprentice
ships as telephone operators?" asked
Father O'Hara, smiling.
"It's all right to train them in cour
tesy," said Mr. Parklson, "but not at
the expense of telephone patrons."
. Father O'Hara said that the ques
tion of night work for women in tele
phone exchanges and restaurants is one
of the most difficult that the confer
ence has to consider.
The next meeting of the conference
will be held Thursday evening, No
vember 6.
The members of the conference are:
Representing employers Guy W.
Talbot, of the Pacific Power and Light
Company; Thomas Kay, State Treas
urer, an owner of the Salem Woolen
Mills; Thomas Roberts, of Roberts
Brothers' department store.
Representing the general public
Mrs. Sarah I. Evans, president of the
Oregon Federation of Women's Clubs;
D. Soils Cohen, Portland attorney; R.
A Booth, of the Booth-Kelly Lumber
Company, of Eugene. ,
Representing the employes Mrs. L.
Gee, factory worker; Mrs, Steve King,
formerly employed as a telephone oper
ator; Miss Marie Barton, a laundry
employe.
PROHIBITIVE TARIFF ASKED
Russian Paper Demands Action on
All American Imports.
ST. PETERSBURG, Oct 20. The
Novoe Vremya demands that the gov
ernment impose a prohibitive tariff on
all American products imported into
Russia as a reprisal for the American
tariff regulations imposing 6 per cent
on goods from countries where no
treaty exists.
In an angry article the Novoe Vrem
ya declares:
"America has sacrificed its old
friends, France and Russia, to the Jew
ish magnates under whom the Ameri
can people have .bowed their heads."
SPEEDY ACTION IS DUE
(Continued From First Pgc)
VISITOR SPEAKS IN GOTHAM
"What Will the English Say?" Asks
leader, Who Says She Will Not
Preach Militancy Here Date
for Leaving November 2 6.
NEW YORK, Oct 20. Mrs. Emmellne
Pankhurst the militant suffragette
leader, landed on Manhattan Island at
1 o'clock today from Ellis Island, where
she had been detained since last Sat
urday by the immigration authorities.
She had been ordered deported as an
undesirable alien, but President Wilson
and Secretary of Labor Wilson Inter
vened on her appeal from this decision
and today instructed Anthony Cami-
netti. Commissioner General of Immi
gration, to release her on her own rec
ognizance and without bond.
Mrs. Pankhurst -will not be able to
carry out her contemplated lecture tour
in this country. She expects to sail
for Europe November 26.
Ordeals Leave No Trace,
It was difficult to imagine that the
slightly built, gray-haired little woman
who stepped ashore from the ferryboat
at the Battery was the same person
that for several years had caused the
British government so much trouble by
reason of her militant tactics in behalf
of woman suffrage or her incitation to
militancy for the "cause." Also her
tranquil countenance and brightness of
eye gave no indication that she had
gone through the ordeals of six pro
longed hunger strikes to obtain her re
lease from prison sentences Imposed
for illegal acts committed in England
in her endeavors to gain votes for
women.
Shortly after she landed Mrs. Pank
hurst was taken in an automobile to
the residence of Mrs. O. H. P. Belmont
where she had luncheon, and tonight
she was dined at the Aldine Club by
the Woman's Political Union. She was
highly elated over her release.
"What Will England Sayf
'The American people did it it is
their will," she said. "What will the
English say?" Then she paid her re
spects tartly to Reginald McKenna, the
British Home Secretary, characterizing
him as "the chief torturer of England.
She said it was not her purpose to
preach militancy in this country, but
that she would confine herself to an
exposition of the treatment accorded
the suffragettes In England.
Mrs. Pankhurst was the recipient of
demonstration unique in the annals
of Ellis Island as she was -leaving the
immigration station. Men and women
employes sought points of vantage
from which to see the militant leader
and the board of special inquiry ad
journed its cases that its members and
the immigrants might see her as she
walked toward the, ferryboat and the
freedom of the country.
Special Demonstration Sale
of
Oriental Rugs
Best Prices Best Qualities
We will demonstrate to you and prove that our stock of Persian, and
Turkish Rugs is the finest and best selected stock in Portland.
That the values we offer you cannot be equaled in Portland no, not even in
the so-called "Bargain Circassian-Walnut Counter Store."
In the first place we assure you that we have no consigned goods, brought on
for special sale. We do not buy rugs simply because they are called "Ori
ental," for that is the most misleading name that can be applied to them. Our
" experts carefully make their selections of only the best grades, best weaves
and best fabrics. The others are known as "culls" and though they are termed
' "Oriental" are not worth what the name should imply. These usually find
their way into the hands of the inexperienced dealer who does not cater to
the connoisseur.
We are specialists in our line, and after fourteen years of selling Oriental Rugs
to the most discriminating buyers of Portland and the Northwest have estab
lished a reputation for integrity which is second to no firm on the Pacific
Coast.
THIS IS WHAT WE PROPOSE TO DO THIS WEEK ASK YOU INTELLI
GENT BUYERS TO COMPARE OUR PRICES AND QUALITIES WITH
OTHER PRICES AND QUALITIES. WILL YOU DO IT? All right then go
to where they are having -"Oriental" Rug sales, get their prices, examine
their qualities and then come to our store and see REAL ORIENTAL RUGS
AT REAL BARGAINS.
Sale starts at nine o'clock this morning and continues until Saturday night.
Atiyeh Bros., Tenth and Alder
Leading Oriental Rug Dealers of the Northwest.
fore the Senate committee today. He
advocated a reduction In the number
of Federal reserve banks, however, and
urged numerous minor amendments in
the bill.
Baumgardt lectures on "Sweden and
the Swede" tonight at Lincoln High
School. Tickets on sale at door, Adv.
ENGLAND'S ATTITUDE FACTOR
Crown Showed No Desire to Have
Iieader Returned, Is View.
WASHINGTON. Oct. 20. America's
doors were opened today to Mrs. Em
meline Pankhurst, and during the few
weeks covered by her lecture engage
ments the British militant suirragis
leader is free to go where she will in
the United States.
An order releasing from Ellis Island
New York, the much-discussed visitor
and revoking the order of deportation
of the special Inquiry board, was is
sued today after President Wilson had
comerrea witn secretary vviison, ui
the Department of Labor, and a formal
hearing before immigration Jommis
sioner Camtnetti on Mrs. Pankhurst's
asceal had been concluded.
Secretary wuson announces mat ne
and the President had agreed that Mrs.
Pankhurst. should be admitted, "on her
own recognizance," with the under
tandinz that she should depart when
she had fulfilled her lecture engage
ments.
Commissioner Caminetti tonight is
sued a formal statement outlining the
reasons for his decision in the case.
There is noehing in the record be
fore me." said the statement, "to Indi
cate that the British .government de-
ires that Mrs. Pankhurst shall be re
turned to England; and the evidence
of record indicates that, while she was
Dlaced under a sentence of three years
penal servitude, she has reserved only
small part oi tne sentence ana ap
Darently no- effort has been made to
compel her to serve the remainder, but
as a matter of fact marked leniency
as been shown towards applicant by
the English authorities, snail tnis
Government deny even temporary asy
lum whon by so doing less considera
tion would be shown Mrs. Pankhurst
than England has displayed?
'Mrs. Pankhurst says, and counsel
throughout the case have asserted, that
she Is coming here only lor a snort
visit for the specific purpose of fulfill
ing engagements to deliver lectures;
that all that is deBired is that she may
e allowed to carry out these engage
ments, upon careluiiy considering tne
entire record and all of the angles of
the case, I conclude that the best dis
position to make of the matter will be
to accept the assurances of all parties
concerned and admit Mrs. Pankhurst
her own geeognlsance to depart
from the country at the termination of
her engagements, and I so recommend."
In his memorandum to tne Secretary
the Commissioner described the case
in hand as follows:
Alien is a native oi Manchester, Eng
land, aged El, traveling alone; is a
widow, with tnree cniiaren in cjurope;
paid her own passage; has no occupa
tion; has been in the United States
twice before, once in the Autumn in
1909 and again from October 19, 1911,
to January, 1912, going to friend, Mrs.
O. H. P. Belmont, Madison avenue. New
York City; has $2000. The board ex
cluded alien by unanimous vote as a
"person who has been convicted of a
felony, or other crime or misdemeanor,
which in the opinion of the board in
volves moral turpitude.' "
Sutherlin Firm Entertains Today,
ROSEBURG, Or., Oct 20. (Special.)
In response to an Invitation re-
, ; l
fit - '-4- s J
I - - i ' '
- k ;
' 'f'Jtts , ' 'itU
IN MUSIC WE ENJOY MOST WHAT WE KNOW BEST
Mme. Alda Is Coming
(Heilig Theater, October 23)
We dll gladly play any of her records
for you and when the hour for the
concert comes you will be very glad we
did. Stop in our store the first time you
are passing.
The facilities offered by us for Vic-,
trola possession are the best in the
West, and combined with the perfect
service of our Victrola Department
have mads our stores the leading talk
ing machine shops on the Pacific Coast.
Victor Victrolas, $15 to $250
Our Terms : As low as $1 weekly.
Morrison at Broadway
ceived here yesterday, about 125 busi
ness and professional men of Roseburg
will go to Sutherlin, Tuesday where
they will be entertained by the "Ever-
fresh" company of that city. A special
train has been chartered ror tne occa
sion. The "everfresh" plant is one or
Sutherlin's most important institu
tions and the management has talcen
this means of showing the workings of
the plant to the Roseburg public.
Postmasters Are Nominated.
OREGONIAN NEWS BUREAU, Wash
ington. Oct. 20. The President today
nominated two Washington post
masters: Thomas J. Quirt, of Blaine,
and R. A. Belvail, of Palouse.
Tha qiifun he lnyg 200 pgRg a !.
lf "
They're Selling. And Why
Dyer's Pork and Beans
are selling fast. Why?
Just because they are
the best beans on the
market and just be
cause you get 33 more
of them for 15c than of
other brands. Good rea
sons, eh? Ask for
Dyer's
Pork and Beans
BANKR
UFT!
PETERS' FURNITURE
Great Chance for Those Starting Housekeeping
63 FIFTH STREET
OPEN SATURDAY EVENING
Miss Purola Says:
You may have a per
fect - complexion, punf y,
soften, soothe, sanitize
your skin with
Purola
Peroxide Cream
Price 25c
Beautify your complexion
and give it that fresh, rosy
glow with the aid of
Purola Tint
Price 50 Cts.
Take advantage of this
special offer. If you will
buy one jar of Purola pe
roxide cream, 25c, you will
be entitled to present this
ad and 25c for a 50c bot
tle of Purola tint.
i at roar draectat