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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 16, 1914)
6 TIIK 3IOBNIXG ORGOXIAN, THURSDAY, APRIL 16. 1914. f PRIZE FIGHT LAW FREES F OUR IN i . I "Oregon Statute Is Defective in Failing to Define Crime," f Says Judge Holmes. DEMURRER IS SUSTAINED Hoy and Charles Sating, James A. "White and Adolph Rltcher Ks eape Trial for "Aiding" ClovrdaIe "Exhibition." TILLAMOOK, Or.. April 13. (Spe cial.) Because the Legislature failed upociflcally to define what a "prize fieht" really is, Jr,abj Webster Holmes today decided that the anti-prizeftgrht law of Oregon is defective, and County Attorney Gersoni was forced to move the dismissal of four prize fieht indictments returned by a re cent grand jury. Roy SaliniT, Adolph Ritc-.her, Charles Faling and James A. White were in dicted for "aiding and abetting" a prtzeftg-ht at Cloverdale on April 4 last. The cases of Roy baling and Ritcher came up today on demurrers filed by their counsel. Attorney John koh. The court sustained the demur rer, the effect of which ruling was to liar the Introduction of any evidence hy the prosecution and the cases were ordered to trial. This decision so non plused County Attorney Gersoni that he moved to dismiss all four cases, which was done. Jndee Attack Law. Judge Holmes, in his decision, said: "The Supreme Court, of this state has decided that you cannot bring an indictment upon a common law of fense, and. so far as this statute is concerned, it relies on what you might call common law. Different individ uals might have different definitions. A law, a criminal law, must always be definite and certain. The Legislature must state what acts constitute a crime. "In this statute there is nothing said bout ft and, so far as this court is concerned, I will not undertake to leg islate or ingraft my own personal views into the statute, and tell this jury 'that is the law.' That is not the court's province. That is for the Leg islature to do. There never has been a case before the Supreme Court con struing this section, so lar as I know. Crime Mnt Be Defined. "This point has not been raised with reference to the statute, but it has been raised as to other criminal statutes. The crime must always be defined. It must have a definition, and I fall to see how an Indictment ceroid possibly be drawn to state a. crime under this defective statute. It is absolutely defective and wanting, in that one respect, in defining what constitutes a prizefight. "The dictionaries give a definition, It is true, and the legal dictionaries jrrre definitions, but they are all of different kinds, and there is a line of demarcation between what Is com monly called sparring exhibitions ' and athletic performances, although they are commonly called fights with gloves. They use the term 'fight' in both instances, and, in order for any court or jury to tell which is a spar ring match or a prizefight, you have to read into the statute something that is not there. I will sustain the objection." I DAIRY PROSPECT PLEASES Umatilla Irrigation Project Said to V Offer Many Advantages. PENDLETON. Or., April 15. (Spe cial.;) "Dairying on the Umatilla Irri gation project bids fair to be on of ths really big and successful enter prises of this part of Eastern Oregon," ' says S. J. Damon, expert for the dairy division of the extension service of the United States Department of Agricul ture And Oregon Agricultural College. ' Attorney J. Roy Raley, of this city, vhO owns a 100-acre alfalfa ranch on the project, says: "We budding dairy men find the aid of Mr. Damon of great value. His advice in making tests of cows, in order to determine the best producers and' in buying, especially has been a big service to us. The meth ods taught by him in the gathering and keeping of data prove of iiiestima worth, and he has won the friend uMip of all with whom he comes in ratact." ' RAILROAD EARNINGS GROW Northern Pacific Receipts Largest in Company's History.' LYMPIA, Wash., April 15. (Special.) i Gross earnings during the calendar year 1913, totaling 72.000,275.29. the largest in the history of the railroad, are shown by the Northern Pacific in ' its annual report just filed with , the -State Tax Commission. Earnings cred- t ited to the State of Washington were 19. 257,474.74, the largest since 1916. Operating expenses have kept up with tlte Increased earnings, the report says, totaling J45. 110, 182. 64 for the system and $14,284,888.80 for the State of Washington. The total income for the system in 1913 was $36,375,198.98, as against J36.927.163.63 In 1912. For the State 'of Washington the income was $6,328,737.42, as against 6,752, 27.95 in 191!. OREGON LAMBS PLENTIFUL if Pendleton Company Says Increase Is 100 Per Cent. PENDLETON. Or.. April 15. (Spe cial.) The present lambing season has ' been one of the most satisfactory the sheepmen of Eastern Oregon have ever experienced, according to Bert Smith of the J. E. Smith Company. He says ' the company s herds have been "lamb ing" for four weeks and that they have been saving 100 per cent of the v increase The experience of the Smith Com : pany is being duplicated by other ' growers or wool throughout I ma til la. Morrow, Gilliam and Grant Counties. In some cases the percentage of in crease Is declared to be the greatest in the history of the industry In East ern Oregon. TOWNS FORM PARTNERSHIP Oregon City and Wert I. inn Agree on Co-operatiTe Water System. OREGON CITT, Or.. April 15. (Spe cial.) That the permanent survey of the pipe line from the south fork of the Clackamas will hegln Monday; that the committees from Oregon City and West I. Inn have framed a tentative agree ment for the partnership plan which was satisfactory to both cities, and that the Southern Pacific and Portland Railway, Light & Power Company had shown a spirit of co-operation in aiding the project is the announcement' of William Andresen. The last joint session of the water committees from Oregon City and West Linn to arrange details for the part nership plan was held Tuesday. The tentative plan was considered and the report which the committees will make to their respective Councils was out lined. The plan to be suggested by the committee is to have West Linn pay one-third of the cost of the pipe line from the intake to the reservoir. From the Oregon City reservoir to the West Linn reservoir the line would be owned. constructed and maintained by West Linn. The distributing systems of the two towns will be separate and all col lections of water rents kept apart. ABRAHAM ENTERS RAGE FORMER STATE SENATOR SEEKS PLACE AS REPRESENTATIVE. City Attorney of RonpbarR Anert Hei Experienced in Legislature Should Be Candidates. . ROSE BURG, Or.. April 15. (Special.) Believing that men of experience in the legislative field, as well as in busi- I - - l u t I Sv ' II 1 ImniiMjhUM mjimiai ingsiia maiBrfmMniiiiinniwi3 i Albert Abraham. ness, should seek the office of Repre sentative, Albert Abraham, of this city. will endeavor to enter the state House of Representatives. Mr. Abraham was State Senator from Douglas County and discovered many jokers in measures before the Legislature in the two sessions. He maintains that he is taking the unusual step of being a candidate for Representative, after having been a member of the Senate, because he feels that he will be better able to stand the wheedling and persuasion of the lob byist than a man of less experience. He stands for rigid economy, and was the first in Douglas to take this platform, it is said. Mr. Abraham is a Republican of con siderable political experience. By pro fession he is an attorney, having re ceived his lessons in the office of the old firm of Doiph, Bellinger, Mallory & Simon, in Portland. Previous to that he attended the University of Oregon and the University of California. He was admitted to the bar in 1892, was referee of bankruptcy from 1898 to 1908, and in 1908 he was elected to the State Senate. He is now City Attorney for Roseburg. Mr. Abraham is a native son, having been born in the old pioneer town of Canyonville September 10, 1869. His boyhood was passed in Roseburg. COURT AUTHORIZES ISSUE Receiver Permitted to Make Certifi cates to Build Power Plant. BOISE, Idaho, April 15. (Special.) Judge Frank S. Dietrich, of the Federal Court, has issued an order permitting the receiver of the Idaho-Oregon Light & Power Company to issue receiver's certificates up to $250,000 to be used in the completion of the Oxbow power plant on the Snake River between Idaho and Oregon. The application of the receiver was made some time ago, and the stockholders of the company divided on defending and. opposing it. The plant, when completed, will be one of the largest in the West and represent an investment of more than ?l,000,000,.it is said. Pipe Readies Ridgefield. RIDGEFIELD, Wash.. April 15. (fepeclal.) Five carloads of reinforced culvert sections are being received at the Rldgefield freight yards. The cul vert sections are five inches thick, four feet foor inches wide, with a diameter of six feet and a circumference of near ly 19 feet, and each section weighs 4322 pounds. They will be used in making a. culvert under the Brazee Creek fill. f LIMN COUNTV PIOfrttER DIES T AT AGE OK 85. s Alphonno Webster Stauard. BROWNSVILLE. Or.. April 15 (Special.) A 1 p h o n s o Webster Stanard. one of Linn County's oldest and most prominent pio neers, died at his home here re cently, aged 85 years. . Mr. Stanard was born in New Hampshire, and in 1832 crossed the plains with an ox team, and in the Fall of that year took up a donation land claim three and one-half miles from Rrnvniolll. t He is sur.vived by seven children. NEW PLAN IS URGED West Opposes Time Extension Deschutes Project Now. REASONS TOLD IN LETTER Wrsl tuidc Tract Could Be Improved . From ast Side Options Sale and Sold for $360,000, Governor Writes Desert Board. SALEM, Or., April 13. (Special.) Regarding the report of the Des Chutes Land Company's project made hy State Engineer Lewis, 1 Governor West today declared if an extension of time was given the company suf ficient money would be collected from the sale of options on the East Side lands to complete, the West Side project, and that the West Side project could be disposed of for 1360.000. He said J. E. Morson. president of the company, could use this money as he saw fit. He favors a new contract, a reasonable bond and other safe guards before an extension i granted. A letter addressed by the governor to the State Desert Land Board, which will act on the report of Mr. Lewis at its next meeting contains the fol lowing: "As I nudcrstand the situation, there is sufficient water available from the ordinary flow of the particular fork of the Deschutes from which the water is taken to irrigate the West Side tract It is necessary, however, in order to water the East Side tract, to supple ment' the flow of the Deschutes with water tsored In Crescent Lake as a reservoir. Bant Tract Would Have JVo Water. "Mr. Lewis points out in his report tiiat an expenditure of a little over $37.- 000 would place the said West. Side tract, or 10,000 acres, under water. This would leaver, howevrc, the East Side tract, or 20.000 acres, yet without water and dependent for same upon the con struction of the Crescent Lake reser voir, and make ' an extension of the canals necessary to serve the lands. "While it is impossible to secure defi nite information upon the subject ow ing to the fact that the board has failed to require, and Mr. Morson to supply, a list of options or water rights sold, I am quite certain that it will be found that the said options sold cover lands upon the East Side project and that the money received from these purchasers has been expended towards the completion of the West Side tract. from which they would receive little or no direct benefit. EUr Work Mlaht Not Be Done. "If Mr. Morsoii's company is given an extension of time .without taking these matters into consideration, and the purchasers of the options given some protection, the following will un doubtedly result: Sufficient money will be collected from the options sold upon the said East Side lands to complete the West Side project. This would give Morson In the neighborhood of 10.000 acres of unsold lands with an authorized lien of 36 per acre. Owing to th5 extension of time he would re ceive, le would hang the remainder of the project upon the hook for at least the time given by the extension of his contract and in the meantime dispose of the West Side tract for the sum of $360,000. Seven Want to Be Sheriff. ST. HELENS. Or., April 15. (Spe cial. ) For the office of County Sheriff there are seven candidates. Those asking for-the nomination are: A. B. Lake, Republican, St. Helens, now deputy sheriff: J. F. Johnson, Republi can, St. Helens; N. H. Kinney, Repub lican, St. Helens; E. C. Stanwood. Re publican. St. Helens; George W. Grant, Democrat, Scappoose: U. W. Clark, Democrat, St. Helens, and L. H. Combs, Democrat, St. Helens. Convict Arrested, Surprised. WALLA WALlfcA, Wash.. April 15. (Special.) Arnold Alsup, alias Sid Scott, was arrested near Dixie today. He escaped from the Deer Lodge. Mon tana, prison December 13, .after serving four months of an 18 months' sentence for using a. knife on a negro. Alsup did not deny his identity but .demanded to know "who m h 11 gave me away?" ZZH 5 "A WORD jgCTO-TIE WIVES)fc r ni M.ir.?iiiiiii Til Users of Manning's Coffee have the keen satisfaction of know ing that they get full strength and f r a 8 ranee in every cup. It's freshly roasted at the store every day and ground for you at the time your purchase is made. MANNING'S COFFEE STORE JONES MARKET FOURTH r ALDER MUSICIANS! C. G. 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