TTIE MORNTXO OltEGOJJTAN. THURSDAY, 3IAY 6, 1915. FRYE PRIZE COURT IS NOT ACCEPTABLE Mote of United States to Ger many Insists Issue Is for Diplomats to Settle. . EVIDENCE IS IN AMERICA Ef rt-t-t or Declaration of London 'ot lMscussed In View or Reit erated Rejection of Provi sions by Washington. WASHINGTON", May 5. By mutual agreement with tne German Foreign Office, the State Department made pub. lie today the text of its reply to Ger many's note concerning the claims of the United States for an indemnity to the owners of the American ship Wil liam 1'. Frye. sunk by the I'rlnz Kltel ITiedrlch. Tho American communication taKes rote of tho fact that vrcrmany accepts liability for the act under the treaty if 181I8 between the United States and Prussia, but declines the suu-geslion that a German prize court pass on the legality of the capture and destruc tion or the standing .of the claimants and the amount of indemnity. l'ointins out that the United States early In the. present wr announced that it would not be bound by the declaration of London, because it had not generally been ratified, the note as serts that the standing of the claim ants and the amount of idemnity lend themselves to diplomatic negotiations and suggests that the German Embassy In Washington be authorized to deal with the matter. PropoKal for Prize Court Rejected. The text of the reply of the United States is as follows: "In reply to your excellency s note, of the 5th instant, which, the Govern, ment of the United States understands, admits the liability of the Imperial Ger man Government for the damages re sulting from the linking of the Ameri can sailing vessel "William Frye bythe Ucrmati auxiliary cruiser Prlnz Kitet irriwirioh on January 28 last. I have tho honor to say, by direction of my Government, that while the prompt nrss with which the Imperial German onwrnmcnt has admitted its liability is hiehlv appreciated, my Government feels that it would be Inappropriate in the circumstances of this case and wnnlri Involve unnecessary delay to adopt the suggestion in your note that tho lncralitv of the capture and destruc tion, the standing of the claimants and 11m amount of indemnity should be nibmiited to a nii.e court. "Unnuestlonably the destruction of this vessel was a violation of the obll Potions imposed upon tho Imperial Ger man Government tinder existing treaty stipulations between the United States and Prussia, and tho United States Jovernment by virtue of its treaty rights, has presented to tho Imperial Herman Government a claim, for indem litty on account of the resulting dam ages suffered by American citizens. Question One for Diplomacy. "The liability of the Imperial Ger rifan government and the standing of tine claimants as American citizens and tbo amount of indemnity areaU- quees. ttons which lend themselves to diplo matic negotiations between the two governments and happily, the ques tton of liability has already been set tled in that way. The status of the claimants and the amount of Indemnity aje the only questions remaining to be settled, and it is- appropriate that thev should be dealt with in the same way. "The government of the United States fnlly understands that, as stated in jour excellency's note, the German government is liable under the treaty provisions above .mentioned for th oumagea arising from the . destruction of the cargo, as well as from the de titruction of tho vessel. But it will be observed that the claim under dis cussion does not include damages for Instruction of the cargo and the ques tion of the value of the cargo there fore is not involved in tho present dis cussion. "The Government of the United States rocognl7.es that the German govern nent will wish to be satisfied as to the American ownership of the vessel, and trie amount of the damage sustained in, consequence of her destruction. Kvldeuce- Accessible in America. i nese matters are readily ecer tainable, and if the German govern ment desires any further evidence in substantiation of the claim on these paints, in addition to that furnished by tho ship s papers, which are al ready in the possession of the Ger man government, any additional evl- ociice iounu necessary will be pro duced. In that case, however, inaa much as any evidence which the Ger man government may wish to have pi-oduced is more accessible and can more conveniently be examined in th Luitet Mates than elsewhere, on ac count of the presence there of the own ers and captain of the William P. Frye and their documentary records, and outer possible witnesses, the Govern ment of the United States ventures to suggest the advisability of transfer ring the negotiations for the settle ment of these points to the imperial bcrman fcrnoassy in Washington. 'In view of the admission of liabil lty or by reason of specific treatv stipulations, it has become unnecessary to enter into a discussion of the mean ing ana enect or tho Declaration of London, which is given sonic p:omi nence In your excellency's note of ipm o, luriner man to say that, as the trerman government has alreadv been advised, the Government of the united fctates does not regard the Dec laration or j,onaon as in force." eturned today from a trip inspecting he Pacific Highway, announced that the money apportioned by the state to Jackson County this year would be expended on a stretch of road starting at a bisecting thoroughfare which eads to Klamath Palls and extending to the California line. Mr. Cantine said the highway was in fine condi- ion, with the exception of short stretches in Pass Canyon and south of Canyonvllle. Work on tho Siskiyou Mountain ection was started this week," con tinued the Highway Engineer, "and it soon will be ready for Summer traffic. Tho section below the California line also will be made ready for tourist travel at once. The engineering and supervision of the work leading from Central Point to the Josephine County ine has been placed under the super vision of this office, and I have put men to work. In Josephine County the money apportioned by the state will be used for reconstruction where neces sary." CORVALLIS WOMAN NAMED Miss Pauline Kline lecomes Child liabor Inspector May 21. SALEM, Or., May 5. (Special.) George Palmer Putnam, private secre tary to Governor Withycombe, today announced that tne executive had ap pointed Miss Pauline Kline, of Cor vallis, a member of the Board of In spectors of Child Labor, to become ef fective. May 31. She will succeed Henry Kundret, of Portland, who was appointed in 1905 and reappointed i 1911. The other members are: . Mrs. Mill! It. Trumbull, of Portland; Mrs. Sarah A. Evans, of Portland; Mrs. Turner Oliver,, of LaGrande, and Stephen G. femlth, of Portland. The term of o fice is five years. There ia no con pensation. HIGHWAY WORK OUTLINED Mr. tan tine Tells Plan for Pacific I load Improvement. SALEM. Or., May 5. (Special.) State liijghway Engineer Cantine, who VOU'RE quite welcome here we will be glad to have you see the new Stein Bloch Smart Clothes for Spring It's a pleasure to us to show them; we know that you will enjoy seeing them. They're a little smarter in style a little better in fabric and workmanship than the best you will find elsewhere. That's what maintains Stein - Bloch Smart Clothes in their acknowledged supremacy.. $20, $25, $30, $35 BEN SELLING Morrison at Fourth Portland Agent for Dunlap Hats $5; Brewer Hats $3 - - IV" The Stein-Bloch "OnnV BUSH & LANE'S Quality Clearance Of Exchanged and Slightly Used IANO ale P REPRISALS ARE INTENT MANY NOT IN ARMY Promenaders on Paris Boule vards Exasperate French. PRESENCE IS RESENTED POSITION WIIAj NOT COUNT ItKthOMXi, SAYS ASQ-UITH. IN Record of Evidence Obtained Recari- tng PrlMoners in Germany Is Kept With Vicvr to Punishment. I.ONDON, May 5. "When the proper time comes, . lue reparation will be exacted of those whatever their' posi- ion or their antecedents If It can be shown that they nave violated the rule and usages -of civilized warfare," said Premier Asquith In the House of Commons tonight. In the course of a debate on the treatment of British prisoners by Germany. He added that careful record of events was being kept and of evidence which could be obtained in -order that, when the proper hour came, proper punishment might be meted, out. The premier referred to the question of the neutral internment of prisoners which had been considered. Switzer- and, he said, was the only country where It could be done, and there were insuperable difficulties in the way of carrying out the proposals. "The duty of this country," concluded the premier. is to preserve a clean record. The question had been brought by Lord Robert Cecil, who -said he had receive letters from officers who had been subjected 1 to special confinement by Germany because of the special treatment accorded German submarine officers by Great Britain. The officers declared that they were locked up separately in cells 12 by 6 feet and were not allowed to smoke. Andrew Bonar Law, leader of the opposition, hoped that the country would no longer pay any attention to any convention which would prevent the war from being brought to an end. It was worth considering, he said, whether at the risk of losing all British property In Germany they should confiscate every German article throughout the British Empire. PENDLETON CASES HEARD Supreme Court Will Not Hand Down Decisions Until Session Ends. PENDLETON, Or.. May 6. (Special.) The State Supreme Court In session here announced today that it will con tinue the custom of not handing down opinions on cases, submitted during the Eastern Oregon session until after the court returns to Salem. It Is probable that most of the cases argued at the current session will be passed upon next montn. Cases submitted yesterday were: A. W. Wagner, appellant, against Wallowa County, respondent; S. L. McGill. et al. appellants. against J. H. French, County Judge, et al, Wallowa County Peter Evanson, administrator, appel lant, against tne Grand Ronde Lam ber Company, respondent, Union County. Foreigners Who Evade solitary Duty Told There Is Room for Tliera In Koreigrn Legion Belgium . to Call Out More Men. PARIS. April 15. (Correspondence of the Associated Press.) Few young or middle-aged men are to be Been in the provinces of France now, but there are enougn of them promenading the Paris boulevards to exasperate moth ers, wives, sisters and sweethearts of soldiers. "x "Why isn't he at the front?" has been a constantly growing question, generally followed by a denunciation, and sometimes resulting in deplorable incidents. A young actor was hissed at Lyons when someone in the audience put that question. He asked for a hearing and in a. choked voice said that he was obliged to speak of something that he had tried for a long time to ignore himself. "It makes no difference now, though," he said. "The doctors give me only six months more to suffer. It would be a great consolation if I could spend that time fighting for France, but In spite of my Supplica tions, they won t have me. Many incurables have been obliged n this way to disclose their secret sufferings. Many foreigners also, who passed for r rench on the boulevards, have declared they were Russian, Eng lish or Belgian. Deputy Henri Galll. of Paris, aBked why they were not serving their respective countries. The reply was that the Russians were mostly political refugees who would be put into prison instead of the army if they returned, while England has no obligatory service, and many Bel gians benefited from the old law un der which conscription was by lot. Some of them, also, having served In the civic guard, or being married, are exempt under existing laws. Galli re marked there was nothing to prevent the English and Belgians from enlist injr in their own armies, and as for tho Russians, there was room for them in the foreign legion. Th- Belgian army has been refusing to volunteers the privilege of choos ing their regiments and this is sup posed to confirm the report that the government intends by decree to modify the existing recruiting laws and call out all physically fit men be tween the ages of 19 and 25, married ss well as single. No more passports for Holland are delivered to men in this category wishing to . return to Belgium. charge of the station, who did not rec ognize the new official. Mr. Jenka has paid Eugene but two visits since he has held the office. "There is more baggage than usual this morning, sir," responded the em ploye with courtesy. 'I want this train out of here on time," ordered the official in no uncer tain tone. "If you have any complaint, make it to the agent," . replied the other, with the same warmth. Say, who are you anyway? "I m the general manager of this line," thundered back Mr. Jenks, who was heard by nearly every passenger on the train, and a general smile went around. The train left two minutes late. Mr. Jenks and a party of officials. Including S. H. Clark, purchasing agent: Alex M. Lupier, chief engineer, ana John Dickson, master mechanic, arrived in Eugene last night at 8:4o and left t 7:35 this morning without notifying the Eugene officials. PERJURY TRIAL STARTED Three-Months Babe With Mother In Court at Coquille. MARSHFIELD, Or.. May 5. (Spe cial.) The case of Mrs. Ruby Simp son Nosier, charged with perjury, was called at Coquille today and a Jury was chosen in a short time. Mrs. Nosier had her three-months old child with her in the courtroom. John Penovich, Joe Seavlch and Sam Logan, the last of a bandof five who were convicted of forgery, were sen tenced from two to 20 years in the State Penitentiarly. Judge Coke said he would recommend Seavich, who is but a boy, to the mercy of the Board of Pardons. ' Marsh field Bank Chartered. SALEM. Or.. May 5. (Special.) . State Superintendent of Banks Sargent today issued a charter to the Scandina vian-American Bank of Marshfield, which has a capital stock of 125,000 and a surplus of $5000. John E. Ross is president. R. H. Olsen. vice-presi dent, and Reldar Bugge. cashier. Mr. Sargent believes that financial condi tions are rapidly Improving, and when they become normal he will grant other charters. Baggageman "Calls Down" General Manager of Line. Official, Not Known to Employe, Gets Tart Response Win He Complain of Train Belna; Held. ROAD CONTRACT SIGNED TWOHY BROS. CONCLUDE FORMAL AGREEMENT WITH GRANTS PASS. Southern City . Celebrating; Assurance That Prolific Territory -win Re Provided With Outlet. GRANTS PASS, Or., May 6. (Spe cial.) Grants Pass is celebrating to night Twohy Bros. 'formal agreement to build the railroad to the sea. This agreement was- reached tonight after a short conference between Judge Twohy and representatives of the city. Judge Twohy arrived here this morn ing to close the contract for the im mediate completion of the Oregon-California Coast Railroad from this place to Crescent City, Cal. His son, Robert Twohy, arrived yesterday and spent the day looking over the ten milaat of completed road and the right of way to the Kerby and Waldo sections, and in vestigated the resources through the districts awaiting transportation. Th engineers' report had been received. but young Twohy wanted first-hand in formation and he returned quite op timistic over the plan. Mr. Twohy said: "You have a great country out there, greater than 1 ex pected to find. We will build the road, that is settled, and we will begin work at once." Asked what he considered the beet asset the new road will have in the way of resources Mr. Twohy re plied: "It s hard to say, there s a com bination of resources that are Immense and development alone can answer that question. "Wo saw iron ore, gold mines, copper mines, lime quarries sufficient to feed the road, not to mention the farms and timber all along the route." Itoscburg to Observe Cleanup. ROSEBURG, Or., May 6 (Special.) Acting upon a proclamation Issued by EUGENE, Or., May 8. (Special.) C. O. Jenks, general manager of the Oregon Electric, had the surprise of his life this morning when one of his minor employes virtually told him to attend to his own business. This oc curred in public after Mr. Jenks had reprimanded him sharply before all the passengers for holding the train after leaving time. "what s the matter with this train; why isn't It leaving?" demanded the general manager of the employe in Keep the Children Bright and Happy Happy youngsters must be healthy. The digestive organs of children get out of order aa readily as do those of their eld ers, and the result is equally distressing. When the bowels are clogged with an accumula tion of refuse from the stomach the child naturally becomes cross and fretful from the discomfort and is often punished for temper when medical attention is really what is needed. The next time your child is cross and unhappy, without ap parent reason, try giving it a mild laxative. Dr. Caldwell's Syrup Pepsin is a mild, pleasant . tasting combination of simple laxative herbs with pepsin, and is especially recommended for children, because of its freedom from all opiate or narcotic drugs and its gentle action. It is sold in drug stores everywhere. A free trial bottle can be obtained by writing to Dr. W. B. Cald well, 452 Washington St, Monti cello. 111. Lenses Will Break Mi But when they do, remember that we can make repairs within an hour. If we made your glasses, you need only to telephone your name, and new lens will be , ready when you call. If you bought your glasses elsewhere, bring us the pieces and we will duplicate them exactly. This is the kind of -service you want. Why not get it? THOMPSON OPTICAL INSTITUTE 209-10-11 Corbett Bids., Fifth and Morrison.. 11 AT PRICES THAT SHOULD MAKE YOU THINK! This sale comprises more well-known P5anos in better condition and much lower prices, qual ity considered, than any similar event ever held in this state. These Pianos, were relinquished, not because unsatisfactory not because worn out or music ally deficient, but because their owners preferred our Bush & Lane Cecilian Player Piano the Piano which every member of their families could .play and play artistically. How modern these exchanged pianos are is shown by the fact that they are all, except one, upright pianos and really all in late-style cases. No music house offering an inducement to exchange, less powerful, could possibly gather to gether such a splendid collection of instruments. WE ARE OFFERING THESE INSTRUMENTS At Prices Way Under Their Real Value In order to convince you of this, we will agree to take back any piano which you buy at this sale any time within three years, and allow you every dollar that you paid for it -if you should de sire to purchase one of our new instruments from us. We can afford to do this, for the reason that we know that these pianos will be just as good three years from now as they are today. THURSDAY'S EXTRAORDINARY BARGAINS On Thursday morning we will place on sale the following Pianos. These are only a few of the many exceptional bargains that comprise this sale. NOTE that names are all old and well-known Pianos: ' READ, THINK AND ACT Prices M hrn .New. Sale Irtee Chickering .' $550 $250.00 Beautiful Sante Domingo mahogany, latest style. Vose & Sons 500 163.00 Dark. mahxany Beautiful tone. Kohler & Chase..... 450 200.00 Golden oak case. Bungalow style. Kimball 575 240.00 Rosewood case. The finest style made by the Kimball Company. Kurtzman . 450 250.00 Walnut cane. Cannot be told front a new piano. Stein way (squs re), 800 87.50 Action and tone of thia piano are fine. Kimball 325 175.00 Handsome ajolden oak. ease, Beautiful tone Farrand 187.00 A SI00O Player Piano, converted Into a straight piano, lcndld tone quality. An Inatrnmcnt that will lut for many years. Werner ; . . . 375 190.00 Beautiful ncolflrn oak. Sample piano. Like new. You can buy any of these Pianos on practically YOUR OWN TERMS as low as $L50 a week and as long as thirty-six months' time in which to pay for it. We have a few special bargains in pianos of our own make Bush & Lane and Victor ex changed for Player Pianos and used less than a year. One BUSH & LANE Piano, beautiful Art Style, Mahogany factory store price $500, goes now at $325. One VICTOR Piano, was $375, used less than a year, goes now at $265. A few BUSH & LANE nd VICTOR Player Pianos repossessed from dealers never been sold go in this sale at greatly reduced prices. People who in the past would never think of attending a second-hand sale teachers, musi cianseven those of large means should attend this sale if interested in buying a Piano or Player Piano. You must see these instruments to appreciate their value. Their names and prices alone are not sufficient. It is only when you see and try them that you can fully realize the exceptional character of this opportunity. If you live out of town no matter how far away write us at . once for a complete descriptive price list. We do as we advertise Bring this advertisement with you BUSH c LANE Manufacturers Wholesale Retail 433-435 Washington St., Cor. Twelfth All Cars Transfer Ik Mayor Rice, the people of- RoBeburg In tend to observe "clean-up and paint up" week in accordance with the wishes of Governor Withycombe. Many of the Roseburg civic organizations already have laid their plans for the week and a general clean-up is anticipated. Coquile Caucus Well Attended. MARSHFIELD, Or., May B. (Spe cial.) At the Coquille municipal caucus the city hall was inadequate to accom modate the leathering and the circuit court room had to be used. 1'lve can didates for recorder were named: John S. Lawrence, Incumbent; Loe Goodman, Mary A. Pierce, Mrs. W. J. Iongston and A. T. Boldon. For eounetlmen for two years, three vacancies, O. C. Stan ford. N. C. Kelly, J. E. Paulson, K. H. Kern and Charles Medley were nom inated. Two were nominated for the short term of one year, John Hickman and Nick Johnson. The city of Coquille will vote May 10 on a charter amend ment providing the council may ln.su a bonds for funding an outstanding debt of 30,000. Vart "SVortli. Ten.. Ik const ructln z a mu nicipal whit rcfTvnir to rovr Kr.OO itm of land snd lo contain 40.0oo.ou0.000 Ballon of wator. The Fast de Luxe Route 75 Round - i rip to San Francisco "Sale Dates May 6 to 11, inclusive. Return limit, 15 days. $42.50 round trip to Los Angeles. Return limit, 30 days. Sale Dates May 13 to 18, May 20 to 25. Account National conventions. "NORTH BANK ROAD" U And the Six-Deck, Triple-Screw, 24-Knot Palatial S. S. NORTHERN PACIFIC Sails May 7, 11. 15, 19, 23, 27, 31 19 Tickets and reservations: Fifth ancX Stark All Agents Northern Pacific, Great Northern, Burlington Route, Oregon Electric, Oregon Trunk and S. P. & S. rc j( n. a jiMlMiiiiMi; U 108.2