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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 20, 1915)
3 THE SIORXIXCF OREGOXIA!, TUESDAY, APRIL 20, 1015. LEO FRANK LOSES IN SUPREME COURT Constitutional Rights Not De nied Man Convicted of Murder, Says Ruling. EXECUTION SEEMS CERTAIN Possibility of . Pardon Only Clianoe ; Lc-n", It Is Thought Dissenting Opinion, However, Sajs Moll Charge Sliould Be Probed. WASHIXOTOX. April 19. The Su preme Court Held that the State of Ceorpia tiad denied Leo M. Frank no rigrht under the Federal Constitution in sentencing him to death for the mur der of Mary Fhagan, anAtlanta factory STir-1. The court affirmed the action of the United .status District Court for North ern Georgia, refusing to release Frank on a writ of habeas corpus. Justice IMtney announcing the opinion. Justice ifolmes delivered a dissenting opinion, in which Justice Hughes concurred. This decision. It is believed here, ex hausts ail means of rihtin in the courts to save Frank's life. His attor neys will have, however, 30 days in which to file an application for & rehearing-. At the end of that time the court's mandate will issue, and appar ently only the possibility of a pardon will be between the prisoner and death, (irorttla Court Is Upheld. The habeas corpus proceedings rested on the claim that the trial court had lost jurisdiction over the prisoner by reason of "'mob domination" during- the trial, and by Frank's involuntary ab sence at the time the verdict was ren dered. It vat contended that this de nied him "due process" as guaranteed by the Federal Constitution. The majority of the court held that the findings by the riupreme Court of Georgia- that the alleged "mob domi nance" amounted to nothing more than irregularities, not prejudicial to Frank, and should not be disturbed on the mere assertion of the prisoner that the facts were otherwise than as found. This was o, said the court, esecially as the prisoner withhold from the court affidavits he had presented to the state courts on the subject of disorder during- the trial. Joslice llolinrn Dissent. Justice Holmes in his dissenting opinion declared that loss of jurisdic tion by the trial court could not be re stored by any decision by a higher court, and declined to accept the find ings of the Georgia Supreme Court as conclusive. He said if the allegations in Frank's petition for habeas corpus were true, and the facts -were before the Georgia Supreme Court, that court sanctioned a situation on which the Federal courts should act. If the facts were not before the State Supreme Court, he added, it was the duty of the Fedqral Court to declare lynch law as little valid "when practiced by a regu larly drawn jury as when administered by one elected by a mob intent on death." The dissenting Justices held the case should be sent back tfc the District Court for the taking of evidence on the petition. They said, however, that they were not impressed with the argu ment that the presence of a prisoner at the time a verdict was rendered was required by the Constitution. COAST GUARD SEEKS SITE Commission Is Kamed to Locate Siuslaw Station. ORF:goNIAN NKVVS BUREAU, Wash ington. April 19. The Coast Guard service today appointed District Super, intendent Wollaniler, Keeper Hender son, of Umpqua Station, and Andre Fonrehy, as a, commission to select the site for new coast guard station to be built at the mouth of the Siuslaw Itiver. Congress appropriated $12,000 for this station and if the commission is suc cessful in having a desirable site do nated to the Government, the appro priation will be adequate to build and equip the station. On the other hand, if a large price has to be paid for a site it may be necessary to go to Con press ior further appropriation before the station can be built. The coast guard service announces that Siuslaw fetation will be finished this year if site is donated. STRIKERS WOULD MEDIATE Decision of Chicago Contractors May Bo Known Thursday. CHICAGO, April 19. Striking car penters' officials, meeting with the State Board of Arbitration, agreed to day to a proposition for mediation. The State Board of Arbitration ad journed until Thursday, and until then the carpenter contractors are not ex pected to make public any decision they may reach regarding the appliance of mediation. The State Board of Arbitration mem bers began their efforts to settle the strike, which thus far has thrown 125, OuO wage-earners out of employment, by sending a long letter to each side of the controversy. Two nonunion carpenters were beaten Into unconsciousness today while they were at work on a new church build ing. Their assailants escaped in aa au tomobile. QUICK DEATH IS NOW HOPE (Continued From First Page.) Monday the tug Navajo, aided by the Makaala, towed, while the dredge Cali fornia endeavored to lift the, submarine and they had succeeded in moving her a slight distance into shallow water, she first having been located in about UtlO feet, when the line to the dredge parted at about 5 o'clock Tuesday morn ing. "The spot where the submarine lies was buoyed and the tug Navajo held on until a southerly swell blew up about 5 o'clock on Monday afternoon and parted the Navajo's line. "it had been concluded on Tuesday morning that the method which had been pursued was inadequate to the tH.-k and the department had been so Informed by telegraph. The command imt has refrained telegraphing about the facts, as hopeful conjectures were considered inadvisable as raising false hopes. J "It would be needless for the com- mandant to attempt to express the deep .. sorrow that he feels over such a trag- ,'f(iy, hh he could not adequately express his feeling in any language known to lM him." American Bridge. Plant Resumes, OA 111", lnd., April ID. Tho plant of , the American Bridge Company resumed - work today, giving employment to 450 "incn. PRINCIPALS IN LIBEL CASE WHICH ATTRACTS NATION-WIDE ATTENTION. r ' 4 ;. rv ' - r TmSTS if - )Z A , r 1 1 f ' I - K 'f - 4l) a ' POU'I'KAIT A.M S.ArsilOT OK THKODORK ROOSEVELT A.MJ SXAPSHOT OF WILIIAJI BAB.M3S, JR, T. e. JURY Motion ip Dismiss Action for Libel Denied. COLONEL IGNORES BARNES Libel Case Opens Willi Courtroom Jammed to Capacity Students Serenade Koosevcll; Says He Wishes Tliey Were Jurors. (Continued From First rare.) ward in his chair, no as not to miss a single word. Mr. Barnes also ignored his opponent when he first entered the courtroom. Later, however, he swung around In his chair and watched the Colonel for sev. eral minutes. Mr. Barnes listened In tently to the questions asked the first two jurors and then occupied himself by making notes on a. pad of paper. While Mr. Roosevelt's attorney was talking Mr. Barnes smiled broadly- on more than pne occasion. T. R.'k C'ouneel Makes Statement. Attorneys on both sides were in con ference tonight. Later the Roosevelt attorneys gave out the following type written statement: "The motion of Mr. Bowers was mere ly intended to be the usual one in the conduct of such a case and in no way implied any change -in the position of the defendant. The defense will pro ceed along Its original lines. There was not and is not now any intention to deviate therefrom. 11 r. Bowers sim ply discussed the legal situation which attached to the article as published in the absence of an innuendo, which under well-recognized rules of law re quires if possible a. harmless construc tion of the language if such construc tion is considered by the court to be possible. The motion having been de nied, the defense will now proceed to prove the allegations set up in the answer of Colonel Roosevelt. The question was purely a legal one and in no way involved a change of front as to the facts." Student Serenade Colonel. Late tonight 400 students at Syra cuse University .serenaded Colonel Roosevelt. He talked to them about athletics and then told them that, while he did not feel at liberty to Uiscuss his case, he wished the jury had been picked from their number. When the jury was completed, the remainder - of the panel was excused. Justice Andrews then warned the jury against reading even headlines in newspapers during the remainder of the trial and against discussing the case with friends. "And if anyone approaches any of you gentlemen and endeavors to draw you into conversation about the case, I want you to report the matter to me immediately," Justice Andrews said. Motion to l)lnnil Made. Tho jury was then excused until to morrow morningr and John D. .Bowers, chief of Colonel Roosevelt's staff of at torneys, addressed Justice Andrews upon a motion to dismiss the com plaint. He began by explaining the statement upon which the suit is based, and asserted that Colonel Roosevelt was prompted to make it by a desire to Induce the voters of New York state to express at the polls their disap proval of "maladministration and cor ruption." He said such a statement was privi leged and then continued as follows: "If Colonel Roosevelt had simply at tacked the Republican or the Demo cratic party, no one would have ques tioned him. The names that he used just happened to fit the purpose which mbved him, and many of the defend ant's remarks were based .upon know ledge which came to him when he was Governor of New York. , He wanted the people of New York to know just what the situation was. -v "Had other men been holding the positions Mr. Barnes and Mr. Murphy were holding. Colonel Roosevelt would have named the others instead of them. It was ' necessary for Colonel Roose velt to name them as he did because CHOSEN he believed that they formed what is known as the invisible government of the state of New York. "There was no personal malice." Mr. Bowers then quoted numerous cases in an effort to show that, under the circumstances, the statement was privileged. "The person's Mr. Koosevelt referred to,7' continued Mr. Bowers, "were sim ply illustrative of a situation which he outlined, and if he charged that the government of New York was rotten, he made no allegations that either ilr. Barnes or Mr. Murphy participated in the rottenness or that they had per sonally profited by it. He did say that they controlled a government which was at times corrupt, but he did not say that either Mr, Barnes or Murphy was corrupt." Mr. Bowers concluded by saying that, all. things considered, he thought there waa nothing for the Jury to consider. The motion to dismiss was denied by Justice Andrews and court was then adjourned until tomorrow. HILL TAKEN BY BRITISH IMPORTANT GAIN IS MADE IN REGION EAST OF VPRKS. Mime Kxplosion Under German Fosltloa Enables Capture, and Strong; Coub-ter-Attack Is Failure. : LONDON, April 19. The following official statement was issued tonight at the War OfficA "A successful action, commencing on the evening of the 17th, uulrninated last night in the capture and complete occu pation of an important point known as Hill 60, which lies about two miles south of Zillebeke, to the east of Ypres. This hill dominates the country to the north and northwest. "The successful explosion of a mine under the hill commenced the oper ations: and many Germans were killed by this, and 15 prisoners were cap tured, including an officer. At day break on the 18th the enemy delivered a heavy counter-attack against this hill, but were repulsed with a heavy loss. They advanced in close formation and our machine gun battery got well into them. "Desperate efforts were made all day yesterday by the Germans to recover the hill, but they were everywhere re pulsed with great loss. "In front of the captured position, on which we are now consolidated in strength, hundreds of dead are lying. "Yesterday two more German aero planes were brought down in this area. Since the 15th the total loss to the enemy is five aeroplanes." DRUG SHIPMENT SEIZED PLAN TO EVADE LAW ON BORDER DECLARED REVEALED. Quantity Valued at ?70OO Conuscated at Calexlco and Two Ar rests Are Made. LOS ANGELES. Cal.. April 19. (Spe cial.) An alleged ingenius method to evade the law. which demands that records of the distribution and dis posal of every grain of habit-forming drugs be given to the Government was revealed today in the seizure of the largest amount of drugs ever confis cated by state authorities. Morphine, cocoaine and opium, worth $7000, were confiscated by State In spector Jones, of Los Angeles, at Ca lexico. C. F McGinni3 and E.-E. Young were placed under arrest and released on ?150 bail. - Inspector Jones declared that the drugs were shipped to Mexican, which is practically the same town as Calex ico, Cal.. although situated across the border in Mexico. The parties to whom the drugs were sent were to call for the shipment in Calexico. Lieutenant Goschen in Solitary Cell. LONDON, April 19. Lieutenant Gos chen, a son of William Ward Goschen, former British Ambassador in Berlin, is believed to be one of the ten British officers, prisoners of the Germans, who have been placed in solitary "confine ment at Magdeburg in retaliation for the treatment by Great Britain of the crews of captured German submarines. PASHA TELLS WHY TURKEY IS FIGHTING Young Commander - in - Chief Declares People Are Aiding Willingly. ARMY VIRTUALLY REMADE Husia and England Encroaching, Killer Declares In I-Hrst In terview Ever Given to Press of America. CONST ANTINOI'LK, April 19. "I am glad you asked me that question. This is not a war of the TurKish govern ment, but a war of the Turkish people." said Knver Pasha, the most remarkable man in Turkey, who is, at the age of 33 years, war minister and generalis simo of the Ottoman army, to the Asso. ciated Press correspondent in the first Interview ever given to the American press. "Cndoubteill v the world finds diffi culty in understanding that the Turkey of today is no longer the Turkey of the past, but that, nevertheless, is a fact which should be apparent to all impartial observers, he continued, showing meanwhile the enthusiasm of youth, although it was almost in a shamefaced manner that he aamittea his light burden of years. Commander World's Youngest. The world's youngest commander-in-chief typifleB the young Turks in in tellectual attainments and Ideals. The conversation with him was carried on in German, and besides having a thor ough command of the German lan guage, he speaks excellent French. Kn ver Pasha would be boyish in appear ance but for a rather heavy brown mustache. Alert, frank eyes and pleas ing manners make him a delightful conversationalist. He has, moreover, a well-deserved reputation for being the handsomest man in the Turkish army. When the correspondent entered, Kn ver Pasha shook hands cordially and said: "I am sorry to have kept you waiting, but I am busy all day. You have come to interview me. Well, I will make an exception in your favor. 1 am averse to talking to men of the press. What do you want?'' "The exact reasons for Turkey's par ticipating in the war," was the reply. Incursions by Russia Cited. "You refer, no doubt," said Enver Pasha, "to the assertions in the news papers of Great Britain, Franca and Russia that Turkey entered the war to help Germany. That is true at this moment, not when we mobilized. To day Austria-Hungary and . Germany help us; we help them. But we mobil ized because there was no way out. "Long before we took this step Rus sia had grown ugly on the Black Sea and in the Caucasus, invading our ter ritory there, while England had al ready operated against Mesopotamia and had concentrated a fleet before the uaraaneues. vv e were unwilling to start the ball rolling and even after the Russians attacked our fleet in the Black Sea we still waited one week be fore war was declared. "We knew that Turkey would again be led to the slaughter block. Being un willing that this should happen, we took the only course open. We Turks feel that we have a right to exist, espe cially when the best of us aro strain ing every effort and are catching up with other countries in intellectual and material development. I believe that there is much good in the Turkish peo ple, contrary to what our traducers say. At any rate, we are about to prove it. People Part of Turkey. "There was a time when Turkey was merely a government clique, which waa not trusted by the people, but gradually the people are beginning to feel that they themselves are Turkey. I think that this is the healthiest sign here to day, and there also is the promise that the progress of alV civil life will be rapid." At this moment the War Minister's chief of staff entered with papers. When these were disposed of the in terview was continued. "We are taking- care of our troops today," said Knver Pasha, "hence their loyalty. Formerly a rifle was given a man and he had to shift for himself as best he could: today we see that his land is cultivated in his absence. Each village has this system while a man is at the front his neighbors till his soil. "This measure has been so effective that the area of cultivated land is 20 per cent arrester than ordinarily," he went on. "When a. man is in the field we see that he is cared for. simply per haps, but sufficiently. The Turkish soldier moreover now knows how to shoot well; this is instilling the con fidence he formerly lacked." Army Virtually Made Over. To the question as to what was re sponsible for the better quality of troops, which has been so apparent. Enver Pasha replied: "When I reached the head of the army I discharged on my second day in office about 3000 old officers who had formerly been merely a burden on the Ottoman military establishment. Next I made every effort to have the common soldier feel that he was part of the service, instead of the subject of it. It can hardly be believed the difference this made. The men now have an esprit de corps." HUNGARIANS TO , RETIRE Cavalry on Western Front to Be Sent Back to Cracow. GENEVA, via Paris, April 19 A Vienna dispatch to the Tribune says that at a council of war presided over by Field Marshal von JHindenburg, It was decided that the Austrian heavy artillery now before Verdun (in the de partment of Meuse, France) should be transferred to Poland. That the Hungarian cavalry now on the western front be sent back to Cra cow also was decided. ANARCHISTS GET SIX YEARS Two Convicted of Cathedral Bomb Explosion Attempt Are Sentenced. NEW YORK, April 19. Frank Abaino and Carmine Carbone, anarchists, who made and set a bomb in St. Patrick's Cathedral March 2, when hundreds were worshiping within the edifice, were sen tenced today to serve not less than six years nor more than 12 in Sing Sing prison. 1 Abarno and Carbone were found guilty last week. Bird Islands Closed to Visitors. KLAMATH FALLS, Or., April 19. (Special.) Game Warden Furber has received instructions from Chief Hen shaw, of the biological survey, not to permit any more visitors to visit Bird 10 PEOPLES 10 cts. THEATER cts. Today and Wednesday "SNOBS 99 The Comedy That Packed Largest Eastern Houses for Months With the Great Original VICTOR MOORE The Funmaker of a Con tinent Humorous, Satir ical, Pathetic. Also THREE EXTRA FILMS of Interest. Coming Thursday MAY BLOSSOM Islands, in the northern part of Lower Klamath Lake, until after the nesting season and the little birds are able to look after themselves. Bird Islands are always a great attraction in the Spring season, and heretofore visitors unwittingly have caused the death of great numbers of young birds, prin cipally pelicans, herons, grebes, cranes and cormorants, which no.st there. GERMANS TO REST ON GAIN Official JJciorls Say No Offensive Will Be Vndertakrti In France. KOME, April IS. Official communi cations received by the Italian Cabinet and statements made by Germans in official circles here give the impression that the German General taff has abandoned plans for a general offen sive movement on the French front and has decided simply to maintain the defensive. This information has caused a deep impression here, beoause it Is believed to signify that Germany has no hope of penetrating further into French ter ritory. Salem to Vote on Coniniiioii Kule. SALEM. Or., April b 9. (Special.) A resolution providing thfir. a committee Snd fir Luhri ttion Instruc tion Both, speci fying make tf your car. Frte. Standard Oil Company (California) Portland f L err z "Is - I A ' is Our 9 ROSE CITY PARK Houses Cor. 4th and Etark, mm Public Market Ideas in Clothing Selling In the public market the housewife is brought in direct contact with the pro duce. In this store YOU come in direct contact with the manufacturer. The housewife saves when she buys at the public market you save when you buy here from $5 to $7.50 on a suit. You'll find that this is so when you see our New Spring Suits at $15, $20, $25 Brownsville Woolen Mill Store Third at Stark be appointed by the Mayor to draft a commission form of government charter for submission to the voters at the election in December wss adopted by the City Council tonight. Similar charters twice have been submitted to the voters and rejected. Monroo Prospects rromlsliiK. MONnorc. Or., April 19. (Special.) Crops of all kinds are promising, and the prospect for an immense yield of fruit is good. The outlook for the rominff season in all business is good. Inquiries for farms and business loca tions from KHHterner.s n re hecnmlng Standard Products Standard Service Along with the increas ing demand for Zerolene, 4he Standard Oil for Motor Cars, and Red Crown, the Gasoline of Quality, has also come the de mand that these products be put where the motor ist can get them easily, quickly, convenieptly. Standard Service Stations supply this need. BiBBBBBBBBBBBBBBaaaaaaaB ft t-r-. --gtaSgSSgS IS V 11 NOTE THE PRICES! Easy Terms Let us take you out today IiSl 41 aaBfaasawW Ml -7' - Third at Morrison 1 more frequent, and the KCiicral feeling of the community is much more opti mistic than at any time duiinK tha pa.it two years. The or more acres of younHT orchards adjolikluK Monrue h r just couiinir Into ler(n. rOWNE T a"y-' 1 "Between Seasons" Glove A truly smart, satisfactory glove that is washable, ff Stylish, comfortable, clean. The latest shades; grey, yj "stone and chamois, also s white and black. 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