THE MORNING OREGONIAN, WEDNESDAY, DECEMBER 2, 1914. "
GOPPERFIELD SUITS
AGAINST WEST SET
LAMER DISBARRED
Oregon Legislator s,"Nos. 62,63,6465
Thomas B. Handley, Jr., Re-Elected From the Tillamook-Yamhill District;
Vernon A- Forbes, Re-Elected to Represent Crook, Grant, Klamath and
Lake Counties; Joseph T. Einkle, Re-Elected From Umatilla County;
Allen H. Eaton, Re-Elected From Lane County.
OVER DEPORTATION
Governor and Two Militia Offi
. cers Defendants in Ac
tions for Damages.
Rights Lost for 3 Months for
Helping Drive I. W. W.
From Marshfield.-
CASES ARE FIRST OF KIND
RULING SUPREME COURT'S
6
Get
5 f
Jury to Pass on Demands for $3504)
and $4000 for Destruction of
Saloons to Be Difficult to
Find In Baker.
BAKER, Or, Dec. 1. (Special.)
Trial of two suits for damages, filed by
William Wlegand and H. A. Stewart
against Governor West. Colonel Law
ton, of the Oregon militia, and Sergeant
Walton, of the Oregon militia, as a re
sult of the declaration of martial law
at Copperfield last January, has been
set for December 17 by the Baker
County Circuit Court. The cases are
said by lawyers here to be the first in
the United States in which a Governor
has been sued for damages on account
of hl6 official acts.
Wiegand demands $4000 and Stew
art $3500 for the destruction of their
saloon businesses at Copperfield and
the confiscation of their stocks of
liquor.
That it will be difficult to obtain a
Jury is admitted. Opinions have been
formed by the great majority of the
people of the county, and have been
openly expressed.- Feeling has been
high on both sides of the question for
almost a year. t
Governor's Right Faces Attack.
The plaintiffs will assail the right
of the Governor to declare martial law
at Copperfield under conditions which
they will endeavor to show did not
warrant it. It is said that Baker County
officials will testify that never had
there been any defiance of the law at
Copperfield and that any individual of
the town could have been arrested if
notification of the issuance of a war
rant had been telephoned to Copper
field. The defense has to combat this, how
ever, a petition from numerous citizens
telling of alleged lawless conditions
and futile appeals for aid to the au
thorities at the county seat.
That no charges tad been preferred
against the saloonmen and that they
were regularly licensed to conduct their
Baloons at Copperfield is one of the
principal items set forth in the com
plaint as a basis for the suit. The suit
alleges confiscation without due process
of law.
Many of the questions surrounding
the Copperfield controversy will be
aired, it is said, and those close in
touch with the case assert that the
true facts of what happened at Copper
field will be brought out and will give
many new lights on the situation.
Cripple Anks C500 More.
Wiegand's suit is for $500 more than
Stewart's, because Wiegand is a cripple,
and it is maintained that he has been
unable to support himself since his
property was confiscated.
The liquor which was taken Is
stored in a warehouse at Baker. The
gambling paraphernalia taken by the
militia was brought to Baker and
broken up and burned. The destruc
tion of the gambling property is not
at issue. -
The State Supreme Court, In its re
cent -decision sustaining Circuit Judge
Anderson in- refusing to make perma
nent an injunction against Governor
West, paved the way for the damage
suit, trial by declaring that the plain
tiff's recourse was in a civil action,
the court holding that the Governor
is an liable as any person In an un
official position for destruction of
property.
GIRL'S DEATH BASES SUIT
Fatal Childbirth Laid to Corvallis
. Editor and $15,500 Asked.
CORVALLIS. Or.. Dec. 1. fSnoMal 1
W. H. Chesley, of this city, died a suit
toaay ror io,iuu damages against W. E.
Bmith, editor of the Benton County Re
publican, alleging that Smith was re
sponsible for the loss of hi daujrhtor
who died in California a. few months
ago.
Esther Chesley worked as linotype
operator on the Republican until about
a year ago. wnen she went to Califor
nia, where. It was reported, she had
married. In July of this year she gave
birth to a child and she died a-fw
days later. The child was brought "to
Corvallis, but it lived only a short timo
The suit tiled today follows failure of
the grand jury to indict the Corvallis
ecu tor, nis wile having . refused t
prosecute him.
The damages asked are $10,000 for
the loss of the daughter's assistance at
home, her wages having been $60 a
month, $500 for funeral expenses and
ouuu lor alleged humiliation and dis
Brace.
CHURCH UNION IS VALID
Presbyterian Consolidation Upheld
by Missouri Supreme Court.
JEFFERSON CITY, Mo.. Dec 1. The
consolidation of the Presbyterian
Church (North) and the Cumberland
Presbyterian Church is valid, according
to a decision of the Missouri Supreme
Court today.
The property of the Cumberland
Church at Marshall, Mo., under the
decision of the court, becomes the
property of the Presbyterian Church,
regardless of the feet that It was paid
for by members - of the old Cumber
land Church.
The decision was on a case appealed
from the Circuit Court at Marshall, in
vhich the Cumberland Church sought
Yfccovery of its old property, contend
ing that the consolidation of the two
branches of the Presbyterian Church
was illegal.
i. VSw."-'
i " - 1
1 I V " I
f V V- " j
' 1" - nT- - - .v
Thoaai B. Hamdley. Jr.
Vernon A. Forbes
fl WWW W'JprST
Joseph X. Hlnkle
Allen II. Eaton
TILLAMOOK. Or.. Dec. 1. (Special.)
A native Oregonian is Thomas
B. Handley, Jr., who has been re
elected to represent the joint Tillamook-Yamhill
district In the lower
house.
Mr. Handley was born in Washington
County 32 years ago, and has resided
in Tillamook County for nearly' 26
years. He is a lawyer and has been
engaged successfully in practice here
for seven years. He has been active
in public feffair? and has served four
terms as' City Recorder of Tillamook.
He has been a consistent Republican all
his life and has been identified with
the progressive wing in the psrty.
Mr. Handley was elected to the 1913
session and made a splendid record
there. He was re-elected this year by
a handsome majority.
BEND, Or.. Dec 1 (Special.) Ver
non A. Forbes, of this city, who rep
resented Crook - Grant - Klamath - Lake
County district in the last session of the
lower house, has been re-elected and is
making preparations for active partici
pation in the constructive work planned
for the forthcoming session.
Mr. Forbes is 31 years of age and a
native of Wisconsin. He was forced to
leave school at an early- age and work
Vor the support of his family, but by
thrift and enterprise was able to finish
his common school education and later
attended Macalaster College at St. Paul
and the University of Minnesota. 'At
the latter institution he received his
degree as a lawyer. In the Fall of 1909
he came to Bend and began practicing
his profession. He has taken an active
interest in the development of this part
of the state and is prominent in civic
and Industrial as well as in political
affairs.
PENDLETON, Or, Dec 1. (Special.)
One of the most active members of
the last Legislature was Joseph T,
Hinkle, Representative from Umatilla
County. Mr. Hinkle has been re-elected
by a big vote, and will be back at his
usual place working for the interests
of Eastern Oregon.
Mr. Hinkle has been prominent In
Eastern Oregon for more than 25 years.
He is a lawyer and has practiced In
Pendleton for more than 15 years. He
also is the owner and operator of
400-acre alfalfa ranch near Hermiston,
and is one of the most enthusiastic
supporters of irrigation enterprises in
this part of the state. He lias served
repeatedly as a secretary of the Oregon
Irrigation Congress, and his friends
now are booming him for the presi
dency of that body. He always has
been a Republican- and a supporter of
the La Follette wing of the party.
EUGENE. Or, Dec 1. (Special.)
Although he is one of the youngest
members in the lower house, Allen H.
Eaton, of Eugene, will be the dean of
that body when the next Legislature
assembles in January.
Mr. Eaton has just been elected for
the fifth consecutive time. He is a
native of Oregon and a son of pioneer
parents. He was born in Union County
and educated in the public schools of
this state. He later attended the State
University in this city and received his
degree. Since leaving school he has
engaged in the book and periodical
business here, and has taken an in
terest in civic and political affairs. He
Is the author of a book "The Story of
Direct Legislation in Oregon." which
describes the workings of the Oregon
system.
As & member of the Legislature he
always has championed the cause ' of
the State University. He has been ap
pointed manager of the landscape gar
dening for the Oregon exhibit at the
Panama-Pacific Exposition.
STOLEN BOAT IS CLUE
EUCEifE JAILBREAKERS BELIEVED
TO HAVE TAKEN CRAFT.
BLOW MAKESB0Y INSANE
lo n t h - With Startling Record Xot
Aconntable, Doctors Say.
SPOKANE, Wash.. Dec. 1. (Special.)
Adjudged insane by a commission
after testimony had been introduced to
show he fell from a tree when six
years old, sustaining a skull fracture.
Marcellus Parsons, aged 20, son of
Charles R. Parsons. 1317 Hawthorne
avenue, Portland, who is said to have
had an eventful criminal career, was
committed to the asylum at Medical
Lake today. The commission reported
that he had not behaved at school, that
he stole several automobiles and eloped
with a young girl from Washington
College.
He also ran away from the Hill Mili
tary Academy at Portland. Doctors
said the blow on his head left him un
able to distinguish right from wrong.
River Is Ordered Patrolled in Effort to
Catch Men Who Lacked Deputy
Sheriff .in Jail and Escaped.
EUGENE, Or.. Dec 1 (Special.)
James Clergy, Forest Daughtery, Joe
Thomas and James Allen, who locked a
deputy sheriff in the jail and ascaped
from it last night, are believed to have
left by means of a boat on the Willam
ette River.
A boat was stolen a short distance
north of Eugene and the Sheriff has
ordered the river patrolled at points
between Eugene and Corvallis. Other
outlets from the city have been guard
ed. It is believed possible that the
men are hiding near the city.
In taking the jailor's revolver the
men overlooked a box of cartridges in
his pocket.
Thomas is 22 years old and weighs
140 pounds. His hair is brown and
bushy, his eyes bluish. Two scars on
the lip at the right side of the nose are
prominent features and he speaks with
a broken accent.
Allen Is 30 years old and weighs 160
pounds. A mole on the right side ot
his face is prominent and another mole
on the right jawbone, between the ear
and chin. Is noticeable. Allen hid un
der the table when the Sheriff entered
and attacked him from behind when he
started to open the steel cage.
Mistaken Patriotism Is Censored in
Decision out Allowance Is Made
for Previous Good Con
duct of Defendant.
SALEM, Or., Dec L (Special.) For
participation in the deporting of three
members of the L W. W. f rm Marsh
field in June last, Robert O. Graves, a
prominent lawyer of that city, was dis
barred from practicing for a period of
three months by the Supreme Court,
Chief Justice McBrlde wrltAg the
opinion.
The court finds that, despite charges
to the contrary at the time, no per
sonal violence was used by the men
who removed the Industrial Workers
from the city, and "while the conduct
of the men deported was probably in
sulting to the feelings of the com
munity and their denunciation of the
Government and the flag calculated to
provoke decent citizens to wrath and
to invite breaches of the peace, this
furnishes no legal justification for the
course pursued toward them."
Chars-en Are Recited.
The charges against Mr. Graves were
made by C. II. McLaughlin.' He said
that a large number of men composing
a mob, . of which the lawyer was a
member, "forcibly and violently took
possession of J. W. Edgeworth, Wesley
Everett and Fred Roberts, marched
them through the streets of , Marsh
field, put them upon a small gasoline
launch and conveyed them across the
bay, where they were taken off the
launch and assaulted and beaten and
kicked and subjected to many indig
nities and insults.
The opinion in part says:
"This is a land where the law is su
preme and entirely adequate to the
protection of society, and there is no
necessity to override the law under
the pretext of maintaining it. If the
parties deported were actually guilty
of such public conduct as threatened
the peace and good order of the city
no doubt there existed in the ordin
ances of Marshfield penalties for dis
orderly conduct which would have been
an effectual remedy against its repe
tition.
Mistaken Patriotism Cenanred.
"When a man publicly insults the
flag and denounces the institutions of
his country, he is a disorderly and bad
citizen; but it is a mistaken patriotism
that seeks to suppress one breach of
the public peace by perpetrating an
other, however great the provocation.
The court says that Mr. Graves had
hitherto been an estimable, law-abid
ing and peaceable member of society,
and for that reason "for this Mngle act
committed under excitement and a mis
taken sense of patriotism, it would be
improper to deprive him altogether of
his means of livelihood."
Other opinions were:
P M. Becker vs. D .R. McKenzle, ap
pellant; appealed from Union County; action
to recover for sale of timothy seed; - af
firmed. ......
Powder Valley State Bank, appellant, va.
A.-B. Hudelson et al; appealed rom Union
County; suit on promissory note; affalrmed.
M. Delmo, appellant, vo. s. A. Edwards
appealed from Umatilla Connty; action for
an accounting; modified.
I. E. Pelton va T. R. Sheridan et al, ap
pellants; appealed from Douglas County; in
volving bankruptcy procedure; affirmed.
Petitions for rehearing granted:
Fisher vs. Portland Railway, Light A
Power Company; Hoag va Washington-Ore
gon Corporation; Anderson vs. Phegley.
Petitions for rehearing denied:
Smith vs. Hurley; Matthews va Travelers'
Insurance Company; Houston vs. Grelner;
Cook vs. City ot Portland; Brown vs. City of
Portland; Martini va Oregon-Wshlngton
Railroad & Navigation Company; Howard vs.
German-American Fire Insurance Company
Howard vs. Horticultural Fire Insurance
Company; Howard va Hartford Fire Insur
ance Company.
NO ALIMONY STAND WINS
Falls City Man, Released After 51
Days, Still Determined.
ALBANY, Or., Dec. 1. (Special.)
After passing 51 days in jail rather
than pay alimony, J. W. Halsey. of Falls
City, won out in his crusade and was
released last night. The authorities
became convinced that his Incarceration
would not bring about the expected
result.
J. W. Halsey and Elizabeth E. Hal
sey, the parents of 10 children, were
divorced in the State Circuit Court
here. Mrs. Halsey was given the cus
tody of all the minor children except
two boys. About a year ago Mrs. Hal
sey filed a motion to open up the de
cree and require Halsey to help her
support the two youngest children.
After several hearings. Judge Galloway
made an order requiring Halsey to
pay $10 a month for that purpose.
3500 Sacks Onions for Woodbnrn.
WOODBURN. Or.. Dec. 1 (Spe
cial.) An important transaction in
onions was reported here last week,
when Seely Bros, sold their entire crop
of about 3500 sacks to Fred Dose, of
this city. The cost is estimated at
about $1.25 a sack. Of about 40 car
loads, raised in this section, one-half
already has moved out of first hands.
FUGITIVES FROM EUGENE WHO MAT HAVE USED BOAT TO
MAKE GOOD THEIR ESCAPE.
X V
4,
&
2 t
James Allen.
Joe Thenus.
WEST FAVORS SALEM MAN
John II. Cradlebangh Is Governor's
Choice for State Printer.
SALEM, Or Dec 1. (Special.)
Governor West said today that he
would vote for John H. Cradlebaugh,
city editor of the Capital Journal, of
Salem, for State Printer. The an
nouncement was made after the Gov
ernor had received a letter from Gov
ernor-elect Withycombe informing Mm
that Mr Withycombe would not offer
any suggestions as to appointments
until he was inaugurated Governor.
- Under the law providing for the con
tract system of printing which will be
come effective January 1, the State
Printer must be appointed at that time.
R. A. Harris, incumbent, will not be an
applicant for the office. Governor-elect
Withycombe will not be Inaugurated
until January 11. and no matter who
may be appointed January 1 by the
Board of control, tlere may be
change at that time. Among the numer
ous applicants for the office of State
Printer are the - following. H. G.
Kundret, Portland; George Snyder,
Salem; William J. Clarke, former edi
tor and proprietor of the Gervals Star
John P. McManus. editor of the Pendle
ton Tribune, and W. M. Plimpton, sec
retary of the State Printing Board.
ELECTRIC LINE REBUILDS
Aurora Gets Jfew Street Lights From
Molalla Company.
OREGON CITT, Or., Dec 1. (Spe
ciaL) The Mollalla Electric Company
is making extensive improvements on
its lines in the vicinity of Aurora.
The line is being rebuilt through.
the northern part of Marlon County,
From Aurora to Hubbard new poles
have been erected. New lights will be
installed on the streets In Aurora and
after the work is completed, the com
pany will give continuous service The
improvements will be completed by
January 1.
ALLEGED FORGER WANTED
Requisition Issue for Man Accused
of Gladstone Operations.
OREGON CITY. Dec 1 (Special.)
Governor West today granted papers
to Constable Frost, of Oregon City,
asking Governor Lister, of Washington.
to release Charles A. Rogers, wanted
here to face charges of forgery.
Rogers is said to be in the County
Jail at Chehalis waiting trial on a
charge of larceny. He is said to have
forged four checks at Gladstone, a
suburb of Oregon City, several month
age Constable Frost probably will
leave today to get his prisoner.
a mile in travel
for a dollar in trade
With everything You buy.
Get a mile of FREE TRAVEL
for every dollar you spend. No matter what you're buying, get
it at a store that gives you SCRIP.
And remember that S CRIP
is backed by a GUARANTEE
FUND. 75 cents out of every dollar paid to us by your merchants
for SCRIP SERVICE is placed in the bank which acts as our De
pository, as a guarantee fund to be used exclusively for the re
demption of SCRIP.
Remember, also, that the
SCRIP your merchants, give you
will be redeemed at any of our offices, any time you present it.
whether you present it now or twenty years from now. The
SCRIP you get in Portland can be redeemed at our offices in San
Francisco, Los Angeles, Salt Lake City or Chicago, just
the same as in Portland. In a short time our service will be estab
lished in every large city in America, and your SCRIP can be
redeemed in any one of them. SCRIP is a National institution,
covering the entire country from coast to coast.
Investigate us. Ash any one of
the banks listed below.
American Scrip Co.
516 Pittock Block, Portland
References:
Harriman National Bank, New York City.
National City Bank, Chicago.
Wells Fargo Nevada National Bank, San Francisco, Cal.
Security Trust & Savings Bank, Los Angeles, Cal.
Security National Bank, Pasadena, Cal.
Walker Brothers Bank, Salt Lake City, Utah.
Portland Depository
Ladd & THton Bank
WAR TAX POINT RAISED
CORPORATION COMMISSIONER SAYS
HE WON'T PAT ON TELEPHONES.
Assistant Attorney-General of Opinion
State Will Have to Provide
- Stamps for Some Document.
SALEM. Or, Dec 1. (Special.)
Declaring that Congress had no right
to impose a tax on Slate departments.
Corporation Commissioner Watson to
day notified the Pacific Telephone &
Telegraph Company that he would not
pay a war tax of one cent on each
long-distance telephone call of his de
partment. The local agent notified Mr.
Watson and the heads ot other depart
ments that they would be expected to
pay the telephone tax.
"The telephone tax will not amount
to much." said Mr. Watson, "but I am
confident none of the war tax can be
collected from departments of the
state. Numerous decisions of the high
er courts have said that Congress has
no right to levy such a tax against
state departments. It would mean a
great deal of money to the state if it
were compelled to provide all stamps
for certificates an other state papers.
I feel certain that the state Is exempt.
At any rate 1 have informed the man
ager of the telephone company that the
corporation department w.ll - not pay
a tax on long-distance telephone calls."
Assistant Attorney-General Benja
min, in an opinion asked by Insurance
Commissioner Ferguson, today held
that the insurance agents and not the
insurance department would have to
provide the stamps, costing 10 cents
each, under the war tax measure, for
each certificate of authority issued by
the insurance department.
Attorney-General Crawford was not
in the city today, but James Crawford,
first Assistant Attorney-General, said
he believed that the state departmens
would have to provide the war. stamps
for certain legal documenta
Delta Yields 1600 tons of Potatoes.
ST. HELENS, Or.. Dec. 1. (Special.)
The Delta gardens, near Clatskanle.
report a harvest of 1600 tons of pota
toes, 8000 sacks of onions, besides the
usual gardening crop. When all the
land In this tract Is reclaimed more
than 4000 acres can be cultivated.
Talent Nominates and Fixes Levy.
ASHLAND, Or, Dec 1. (Special.)
William Breese has been nominated for
Mayor of Talent. Mrs. Vogeli and Mrs.
Wolters for Councilmen and Mrs. C D.
Bunyan for treasurer. The municipal
levy has been fixed at 11 mills. The
financial condition of the town is good.
UNREFRESHING SLEEP
The woman who Is tired out. who
aches all over when she rises in the
morning, who feels depressed most of
the time, needs Just the help that Dr.
Williams Pink Pills can give her new
blood and stronger nerves.
The number of disorders that are
caused by thin blood is amazing and
most women are careless about the
condition of their blood. Quickly tha
nerves are affected and the patient be
comes irritable, worries over trifles,
does not sleep as well as formerly and
is not refreshed by rest. There may
or may not be stomach trouble and
headache. This Is a condition that
calls for Dr. Williams" Pink Pills, the
non-alcoholio tonic
Give Dr. Williams' Pink Pills a trial
and the first sign of new life will be
noticed in your appetite. You will be
hungry by meal time. As the blood
becomes enriched it feeds and soothes
the irritated nerves, sleep becomes
sounder and more refreshing, your
worries become less, your work lighter.
These are some of the things that
these tonio pills do. Try them for any
trouble caused by thin blood.
The Dr. Williams Medicine Co., Schen
ectady, N. Y., will mail free to any
woman the booklet "Plain Talks to
Women. Your own druggist sella Dr.
Williams' Pink Pills.
$215 USlTaL PRICE $325 Piano PTf
Pianos as An Investment
This buying on monthly install
ments depositing $6 or $10 month
ly the most truly conservative in
vestment if you buy at the Graves
Music Co. reduced prices. New
325 Pianos for 215 "650 Player
Pianos for $3 85. These pianos
therefore cannot ever depreciate in
value, but remain fixed and se
cure at par under any and all con
ditions. The more nearly an In
vestment approaches perfect sta
bility lr value, the more complete
ly it is free from any trace of spec
ulative element. You can readily
see that when buying new 32a
Pianos at $215. $650 Player Pianos
at $385. You can sell them after
years' of wear at $215 or $385.
when others will then need pay
$325 and $650 for such new ones,
and therefore, you see. the value
will remain at par and you can
best afford to buy your Piano or
Player Piano at the Graves Music
Co. now, making the purchase in
vestment with multiple safeguards
stability In value. You can af
ford to pay $1.50 and $2.50 weekly;
you can. therefore afford to buy
now.
Player Piano S.185. Etc
Pianos S5, S133, SlttO, Etc
START WITH $ 1 .00 s ecOTn
now and pay $1 down, if you do
not want to pay the full amount,
and then, before Christmas deliv
ery, you pay the balance in cash of
$24 or whatever agreement you
make for the first payment, and
the balance at $6 monthly, etc., un
til the piano is paid for in full.
Out-of-Town Buyers It is safe and
satisfactory to buy one of these
pianos by mall. Write us. and we
will send vou full description; or If you like, ship the piano subject to your approval. We pay freight to any
Tinin in fi.nirnn WaahinD-tn. (ir Tilahn Rnv nn-or fln havA It- ahinn.H hn ready. i'.VeTV IJ i H II O OT D 1 & V T
piano purchased' carries with It the Graves Music Co. guarantee of satisfaction, as also the usual guarantee
from each manufacturer of these new musical Instruments. Besides we take in exchange within one year.
Buys This New
USUAL, PRICE
allowing the full amount paid. If desired.
GRAVES MUSIC CO.
Pioneer Music House
1S1 FOURTH ST