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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 22, 1914)
THE MORNTXG OBEfiOXIAN. FRIDAY, MAY 22, 1914. INDICTMENTS ARE DECLARED OUTRAGE Dan J. Malarkey Says Griev- ous Wrong Is Done to In nocent Persons. T. A. K ETC HUM IS BLAMED George F. Hensner Says Sole Desire Is to Right Himself With Public and Offers to Donate Any " Recovery to Charity. VIEWS OF OPPOSING SIDES IN THE IJBEL UrDICTMEKI COXTKOVER8Y. George F. Heusner My sole desire Is to set myself right with the peo ple of Portland and to punish ma licious and obstructive acts of the kind complained of and to prevent their perpetration in the future. Dan J. Malarkey. counsel for the Indicted men. This indictment is a great injustice and does a grievous wrong to innocent men. It seems a case of one taking advantage of his position as a grand juror to punish those who have opposed and thwarted the scheme of his friends. I believe the District Attorney will dismiss the Indictment and that the presiding Circuit Judge will in the near future discharge this grand jury. Developments in the indictment of T. Scott Brooke, J. C. Beck, E. T. Ames, K. Henry Wemme. T. A, Linthicum, H. W. Pierong, manager of Empress Theater Company; J. A. Johnson, manager of ' Panta&es Theater Com pany, on a charge of criminal libel against George E. Heusner, growing out of the publication of a cartoon asking the public to oppose the lfeusner franchise, included the issu ance of statements from the opposing si-fles of the controversy. Mr. Heusner announced that he would Immediately follow tip the criminal charge by tiling suits for civil damages. Dan J. Malarkey, who was engaged as counsel for the men under indict ment, issued a statement reviewing the controversy over the Heusner fran chise and declaring that his clients were Innocent and had been indicted merely for participating in a political tight against a proposed interurban railway which would have injured their property in Broadway. Talk With Ketchum Denied. Attorneys W. D. Feriton and Ben C. Dey denied emphatically that they had been consulted by Mr. Ketchum regard, ing the indictments and knew nothing of them until the story appeared in print. "I have had no acquaintance with Mr. Ketchum and never talked with him at any time about any matter," said Mr. I'enton. "When this franchise fight was on I opposed Mr. Heusner in his demand for a franchise on Broadway, and told him I opposed, him, though he is a personal friena of mine."- "I never talked- with - Mr. Ketchum or anyone else about any phase of this matter and know absolutely nothing about it," said Mr. Day. The following statement on behalf of the accused men was issued last night by Dan J. Malarkey, their coun sel: "This Indictment is a great injustice and does a grevious wrong to inno cent men. To me it seems a case of one taking advantage of his position as & grand juror, with the temporary power and influence thereof, to pun ish those who have opposed and thwarted the schemes of his friends. During the Winter of 1912 and Spring of 1913, George F. Heusner was trying to get through the Council a franchise to operate interurban cars on West Broadway, .then Seventh street. He and his representatives and boosters intimated that there were big inter ests and plenty of money back of his project, but they always declined to disclose the identity of its backers. The application for the franchise was most vigorously opposed by the property owners and business men on the street because they then were and ever since have been eatisfied that railway traf fic of the kind that the Heusner fran chise would bring would hurt the street and damage their properties, and that the best thing for their properties was to have the urban lines of the Portland Railway, Light & Power Com pany operating on Broadway. Hot I'lpfct Develops. "A hot fight over the matter de veloped before the Council with dele gations of Broadway property owners and business men against the franchise opposing Heusner and his friends and boosters who were for it. One of those who shouted loudest and longest for Heusner and- who publicly said they would shove the franchise down the protesting property owners' throats through the initiative if the Council re fused it was T. A. Ketchum. who is now the foreman of a grand jury which at this late day indicts some of our best citizens because they dared de fend their properties against what they regarded as a franchise grab. "After the Council refused Heusner's application, the initiative was resorted to. as bad been threatened. and Heusner and his mysterious backers sought from the people what the Coun cil bad refused them. The Broadway property owners were therefore com pelled to continue before the people the fight they had made and won be fore the Council. There was no con cealment of their attitude and no sub terfuge in what they did. Through the medium of the press and other adver tising agencies they made known to the people at large the reasons why the Heusner franchise should not be granted as asked for. In all they did their arguments were fair and their methods were honorable. When the vote was counted it was found that the people had by an overwhelming majority refused to give Mr. Heusner and his associates what they sought. Newspapers' Unesse Surprises. "It is over a year since the publica tion upon which this indictment is based were made. These publications were made in the leading newspapers of Portland as well as by display ad vertisements In the theaters whoso managers have been indicted; and we are surprised that the newspaper pro prietors have not been indicted, along with the theater managers. "It is nearly a year since the sood people of this city by their ballots de feated the scheme of Mr. Heusner and his backers to get a valuable franchise at a ridiculously low price. During nil that year we have had a District At torney . and judges and magistrates charged with the duty of prosecuting and punishing violations of penal stat utes, and each month of that year a new grand jury has been empaneled to Investigate crimes and indict offend ers; but it was not until Mr. Ketchum. the personal friend of Mr. Heusner and one of the chief boosters of the franchise he sought, chanced to be drawn on a. grand jury and made foreman- thereof, that it was discovered that Mr. Heusner had been libeled. rrrsosHl Interest Intimated. "It is an open secret about the Court house and amongst those who are in a position to observe, that Mr. Ketchum is the dominant figure in this gTanJ jury and that he has had that body devoting much of its time to so-called investigations closely related to busi ness interests of Mr. Heusner and his associates, notably the movement to have the approach to the interstate bridge changed from Union avenue to Derby street. The interests of those gentlemen in Kenton and I understand Mr. Ketchum himself lives in that dis trict are well known, and the pecu niary benefits that would redound to those owning property in and about Kenton if the approach to the inter state bridge were so changed are man ifest. "I am reliably informed that while the grand jury of which he is forman has been investigating these matters Mr. Ketchum has been in frequent con sultation with Mr. Heusner and has often gone direct from his duties in the Courthouse to Mr. Heusner's office in the Yeon building and the two have been much together. On the other hand, one of my clients tells me that Mr. Ketchum assumed a threatening attitude toward him in the grand jury room and went so far as to shake his finger in the face of and threaten the witness with punishment for contempt because the witness had the temerity to Intimate that Mr. Ketchum was pre judiced and unfair. ItlPTht Overstepped. Is Charge. "I saw by The Oregonian that Mr. Ketchum admits he was in frequent consultation with Mr. Heusner and con sulted with otner lawyers' than the District Attorney naming two promi nent railroad lawyers about tnis mat ter the grand jury was investigating. The duly constituted legal advisor of the grand jury is the District Attorney, and it would seem that between that officer and six Judges of the Circuit Court, any of whom would be willing to advise him at any time, Mr. Ketcbum should have been able to obtain all the legal advice he needed for a proper perform ance of his duties as foreman of the grand jury. Grand jurors are expressly sworn to keep secret what transpires before that body and to indict no per son through envy or hatred or malice. "I am pleased to note from the news paper reports that this Indictment did not have the approval of the District Attorney. It is rumored that attorneys outside of the District Attorney's of fice had something to do with the drafting of this indictment. Action Shame, Says Mr. Malarkey. "It is a shame that men like Ecott Brooke and Jacob Beck, who were born and reared and have lived most upright and honorable lives in this city, should be indicted for such a reason and un der such circumstances as exist here. If this indictment is right, dozens of other Broadway property owners and business men should have been in cluded in the indictment; for those in dicted were, in the matter they are in dicted for, acting under the direction and the approval of practically all the property owners and many of the busi ness men on that street- "I do not believe there will be any trials under this indictment, for I do not believe our District Attorney and Circuit Court Judges wili, after in vestigating the matter, permit the county to be subjected to the expense of such- trials. I believe the District Attorney will dismiss the indictment and that the presiding Circuit Judge will in the near future discharge this grand jury. Then, when a new srand Jury, containing no unfair or prejudiced memoers has oeen empaneled, my cli ents will seek an investigation and. ex pect exoneration at its hands." Mr. Heusner Gives Version. Georga K. Heusner last night imade the following statement: "The Oregonian states indictments have been returned against certain cit izens in which I was the complaining witness before the Multnomah County Grand Jury. This, I believe, sets out the facts and the rest should be left with the courts, where it now rightful ly belongs. 1 have nothing further to say other than that I shall at once file papers in a civil libel suit against the defendants for a large sum. I de sire to state to the public in general, and more particularly to the thousands of people who are wholly unacquainted with me, that this latter suit will not be with the Intent of enriching my self or even reimbursing myself for the heavy expenditures caused me by the acts of the Peoples Rights League and those allied with it, but, on the con trary, I will distribute among the va rious charitable institutions of our city such amount as may be finally recov ered. My sole desire in this whole af fair is to set myself right with the people of our city, in which I have re sided for 32 years, to punish malicious and obstructive acts of the kind com plained of and as far as within me lies to prevent their perpetration in future on others of our citizens who may at tempt to do something for the uplift of the community." W. D. Fenton said: "I notice a statement in The Oregonian today to the effect that Mr. Ketchum, fore man of the grand Jury which has just returned an indictment against certain prominent property holders on Broad way, in regard to the Heusner fran chise, had consulted me and Mr. Dey of my office concerning the proposed indictments and that the grand jury had acted under advice given by us. the Evening Telegram of Wednesday reiterates the story. It Is apparent that your reporter was misinformed, for until today I did not know that the grand jury was considering or had considered the matter, and there are many reasons why the story exploited in your paper and in the Telegram is unqualifiedly false in detail, in infer ence and in every particular, and some of them are these: (1) I never knew Mr. Ketchum until today and never knew that he was foreman of the grand jury. (S) He never consulted me or Mr. Dey or anyone else in my office about the matter and never con sulted me at any time about any mat ter. (3) I was at all times opposed to the .Heusner franchise and so in formed Mr. Heusner. I owned at the time and still own the Glass & Prud homme building on Broadway and felt then and feel now that an interurban line on that street would not be as serviceable to the property as a city line. Mr. Heusner knew my position and so did the Seventh-street property owners. I was then and have since been in hearty sympathy with every proper effort to defeat the Heusner franchise. (4) The men. indicted are. most of them, personal friends xf mine, and so far as I know did nothing to justify the indictments." Ne Arrests Are Made. None of the defendants in the action were arrested yesterday, although all of them were expecting it and were prepared to give bonds for their ap pearance at any consequent court bearing.- They all declared yesterday that they were Justified in their action in print ing the advertisement upon which the action of the grand Jury is said to have been based, and reiterated their previous assertions that under similar circumstances they would conduct a similar campaign of opposition to the franchise. T. A. Ketchum. foreman of the srand Jury that returned the indictment, in sists that the case was brought to the attention of the Jury in the usual man ner and that he was not, as has been suggested, unduly active in seeking to make a case against the opponents of the Heusner franchise. HARMONY KEYNOTE OF REPUBLICANS Temporary Organization Is Formed; Neal Chairman, Mosessohn Secretary. ENTHUSIASM RUNS HIGH Selection of Permanent Officers Is Deferred Tntil Xext Monday. Democratic and Progressive Parties Organize. After electing a temporary chairman and a temporary secretary at a meeting in the assembly hall of the Central Li brary Wednesday nurht, the lew Re publican County Central Committee, composed of the precinct committee men chosen at the primary election, de ferred the selection of permanent offi cers until next Monday night. By 110 votes to 45, O. A. Neal was elected temporary chairman over John L. Day. Some iively campaigning was made. David IT. Mosessohn was elected temporary secretary. Enthusiasm ran high when Mr. Neal, in his speech of acceptance as tem porary chairman, made a -stirring plea for harmony and united support of the Republican ticket. "The time has arrived," said Mr. Neal, "for loyal Republicans of this state to stand together, shoulder to shoulder, and elect Republicans to office. "Ve have nominated candidates at the primary whom I believe every Re publican can get behind and support. There is a feeling of harmony, and a desire to work for the success of the entire ticket. The general attitude is illustrated by the action of defeated candidates for the Republican nomina tion for Governor, who have come for ward like loyal1 Republicans and prom ised to support the whole ticket. "This is a Republican year. It doesn't require a prophet to predict the out come of the next election." After Mr. Neal had appointed Walde mar Seton, Lewis C. Garrigus, W. W. Cox, J. L. Hammersley and Richard Deich as members of the credentials committee, to settle the status of 57 vacancies in the central committee, in cluding 27 committee places for which candidates had tie votes, W. M. Cake moved that permanent organization be proceeded with. Permanent Organization Postponed. "I think It would be a great mistake to complete a permanent organization tonight," said David ,M. Dunne. "The candidates for United States Senator, Governor and Representative in Con gress ought to be consulted before a permanent chairman is selected. The permanent chairman should be a man satisfactory to them, who can work in harmony with them, and they are en titled to a voice In his selection." Mr. Cake promptly agreed in this. "1 am glad the point has been raised," he said, "and I heartily concur in it. The candidates we have nominated not only have a right to participate in the choice of a permanent chairman, but it is their duty to do so. I believe that with the candidates making a campaign not only in their own behalf, but for the party, it spells certain success in November." To bring the point to a head, Mr. Cake moved that permanent organiza tion be postponed to next Monday night and the motion went through without opposition. Robert C. Wright, retiring county chairman, called the meeting to order. As a representative of the County Clerk, Mr. Wright read the names of the dele gates and gave their credentials to those present. In his opening remarks Mr. Wright gave the new committee tome advice. "It seems to me high time," said he, "that there Bhould bo harmony in the Republican ranks. "It is up to you to elect a chairman in whom the candidates may have con fidence and in whom the rank and file of the Republican party may have con fidence. If you do not do that you will have trouble in your own organization to begin with, and you will have more trouble in getting campaign funs. "And you should let the chairman se lect his own executive committee. The executive committee is the cabinet of the chairman, and its members should be thoroughly in harmony with him." Democrats and Proffresslves Meet. Permanent organization of the Demo cratic and Progressive county central committees was effected last night, the Democrats meeting at the call of H. B. van Duzer, retiring county chairman, in the convention hall of the Portland Commercial Club and the Progressives meeting in the Progressive party head quarters in the Oregon Hotel. Although the Democrats had had no other notification of the meeting than the announcement of Mr. Van Duzer in yesterday's Oregonian, more than half of the 326 committeemen were present. The meeting was harmonious and the committeemen enthusiastic. George H. Watson was elected as the new county chairman to succeed Mr. Van Duzer, and George H. Lee was elected secretary. Both selections were by unanimous vote. The election of a state committeeman was deferred for two weeks. At the Progressive meeting, called by County Chairman T. A. Sweeney, Mr. Sweeney was re-elected without opposi tion to succeed himself. Oliver - M. Hickey was made secretary. At the request of T. B. Neuhausen, state chairman. Dr. Levi W. Myers was re-elected Multnomah County member on the state central committee. The n sarian Cafeteria Open Sundays 11 to S Here after. Just a little bit better place to eat; high class, popular prices, for ladies and gen tlemen. Main entrance down stairs Morgan Bldg.. Washington street, between Broadway and Park. Experienced-caterers. Fine orchestra QUIT CIGARETTES CURE YOUR BOY WITH THE SILVER NITRITE Preparation Argenite, an improve ment on the formula used at State In dustrial School and Juvenile Courts. Send ,50c for full treatment, postpaid. ARGENITE CO, Dept. 5 45TVi Morrison St, Portland, Or. Some men, from a clothes standpoint, have the "regular" or normal figure; some are short, stout men; some short but not exactly stout; some very slender. Our designers know every one of these types; and they get up models suitable for all, and we make the clothes to fit. Find your size at our dealer's store. Hart SchafTner & Marx Good Clothes Makers SAM'L ROSENBLATT & The Home of "Hart Schaffner & Marx" Clothes. CO. following committee on by-laws was appointed by Mr. Sweeney: H. F. Higby, chairman; Mrs. Mabel w. Plowman, Miss Mary E. Hill, A. C. Phelps and Edwin Anders. Mr. Swee ney also was authorized to appoint an executive committee of five. The members of the Progressive county central committee and their pre cincts are: Precinct 6. W. P. Rhoads: 15. M. O. Col Una; 17. R. W. Hendershott; 25, T. C. Kins; S2. Dr. J. C. Twltchell; S3, Martin Mayer: 3u, Morris Ormsbr: 37, K. B. Barber; 44. Charles F. Roisman; 71, Mrs. E. H. Fos ter; 72. Robert J. Goldman; 87, Mabel W. Plowman; SS. J. B. Weston; 94, Cicero Gar. nett; 107. James M. Scudder; 113, Walter Keller: 114, H. Crofts: 124, Alice M. LeRor; 120. Patsy Toowy; 127. Hamilton Mead; 130, J. H. Ludwig: 131, Fannie Turner; 135, Mary E. Hill; 136, Robert N. Aistrop; 144. T. A. Sweeney: 151, C. M. Harpke; 153. Herbert Cook; 156. Colin Av Fowler; 167, Mrs. Maude I Doherty; 170, Miss Vivian Flexner; 17S, J. T. Wilson; 17. John L Fabers; 17S, Mrs Anna P. Lane; 183, Ed win Anders; 184, Rev. George K. Berry; 262. W. M. Davis; 205, J. A. Clemenson; 200, K. M. Kepner; 211, J. A. Moulton; 217, W. A. Langhille; 221, James F. Alexander-. 224. J. H. Dobson; 226, H. F. Higby; 230. S. J. Silverman; 232, C. H. Monroe; 234, Russell R. Dorr; 236. Mrs. Maude II Neu hausen; 238. John E. Povey; 239. H. A Henneman; 249. A. C. Phelps; 254. Oliver M. Hickey; 258. Mrs. Anna E. Crlvelli; 2U2. Lon L. Parker; 72, D. Barlow; 276, Mlas Kdith D. Rohrbough; 280. C II. Beard; 293 P. W. McRae; 300, Harlan J. Miller. Court Orders Repairs. OREGON CITT. Or., May 21 (Spe cial.) The notorious Laselle road, known as the worst road in Clackamas County and shunned by all automobll ists from Portland to the southern end of the Willamette Valley, is to be re paired. It leads south out of Oregon City arid runs through New Era and is a part of the Pacific Highway. Bids for the work, which will cost about $5200, will be opened June 11 and the work will probably be completed by July IB. The Improvement win consist of a nine-foot strip of heavily oiled macadam and the road brought to grade to a width of 24 feet. Wagon Is Backed Over Boy. Gordon Grant, 6 years old, son of Mr. and Mrs. E. C. Grant, 825 Brook lyn street, was seriously Injured early Wednesday night, when a delivery wagon backed up and a wheel passed over his body as he was playing in front of his home. The lad was taken to St. Vincent's Hospital. It is thought permanent injuries to the spine will develop. Friday and Saturday Discounts Double S. & H. 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