Morning Oregonian., June 10, 1915, Page 3, Image 3

TIIE MORNING OREGONIAN. THURSDAY, JUNE 10, 1915.
3
MERCY' FOR FRANK
iT RECOMMENDED
Georgia Prison Commission
Decides Against Doomed
Man by Vote of 2 to 1.
GOVERNOR IS LAST CHANCE
Mail Condemned for Murder of Girl
.Legally Convicted, Says Majority
- Jleport Minority Opinion
Cites Division of Judges.
ATLANTA, Gsu, June 9. The Geor
gia Prison Commission today declined
to recommend to Governor Slaton a
commutation of the death sentence of
I.eo M. Frank, convicted of the mur
der of Mary Phagan.
The Commission's decision is not
binding: on the Governor, who, it was
aid, will conduct further hearing
before making; his decision.
The commission decided against
clemency by a vote of 2 to 1. Com
missioners liainey and Davidson voted
against a recommendation for clem
ency and Commissioner Patterson vot
ed in Frank's favor.
locality of Trial Ajwerted.
The majority report of the Commis
sion said:
"None of the grand Jurors- who
found the indictment, none of the trial
jurors who heard the evidence under
oath, nor the Prosecuting Attorney
have asked that the sentence be com
muted. The Judge who presided at
the trial and who had the right to
exercise the discretion of fixing the
penalty of either life imprisonment or
death? imposed the latter sentence and
overruled a moti6n for a new trial.
'Several appeals were taken to both
the Appellate Court of the state and
the Supreme Court of the United
States, all of which were denied, and
the Judgments of the lower courts af
firmed, thus assuring the defendant of
his legal and constitutional rights un
der the laws of the land. It further
appears that there are no evidence or
facts bearing on his guilt or innocence.
We see no reason for taking this case
out of the "ordinary rules of law and
Justice and feel constrained not to in
terfere with the enforcement of the
orderly Judgment of the courts."
Iteuon for Clemency Given.
Commissioner Patterson, In his dis
senting report, said:
"If we take the evidence outside of
that of Conley and Frank we find
Frank and Conley had equal opportun
ity and motive for committing the
rrime with the possible added motive
of robbery on the part of Conley; that
Conley wrote the note found by the
body; that Conley made several con
flicting affidavits as to his connections
with the crime and that Conley, in
making these 'statements, was trying
to protect himself."
Mr. Patterson referred to the late
Judge Roan's letter, saying that aft
rr "months of continued deliberation
he- still was uncertain of Frank's
guilt, , and continued: '
"In my investigation I cannot find
where the executive has allowed a man
to be hanged when the trial Judge 'was
not satisfied as to his guilt and so
communicated to the Governor. In
addition to the doubt of the trial
Judge, we have the fact that two jus
tices of our Supreme Court say in thlr
opinion this applicant has been denied
a fair trlal
CABINET SOLID. SAYS LANE
Secretary Denies Any Other Resig
nations Are Contemplated.
NEW YORK, June 9. An honorary
degree doctor of laws was conferred
upon Franklin K. Lane, Secretary of
the Interior, by New York University
at its commencement exercises hereto
day. In conferring the degree. Chan
cellor Brown paid tribute to Secretary
Lane for his services to the Nation.
"In a time that is trying the spirit
of your people," "he said, "you are one
of those whom we rely uijon with an
established confidence."
While at the exercises Secretary
Lane said in reply to questions that
rumors of further resignations from
the President's Cabinet wer without
the slightest foundation.
"Then that means that with the ex
ception of Mr. Bryan, the Cabinet is
solidly behind the President in his pres
ent policy in the international situa
tion?" he was asked.
"Absolutely," he replied.
NOTE HOLDS TO RIGHTS
Continued From F1rt Pare.
the position of the President and the
Cabinet.
The President stands unalterably. It
was said, on the principle that the
United States at this stage in its his
tory cannot afford to surrender any of
its rights; that the American people
had fought in 1812 for their rights on
the high seas and could not sacrlnce
those rights with the nation's rise and
growth to a position of command as a
world power.
High officials generally held the
lew that Mr. Bryan's statement con
stituted a virtual surrender of Ameri
can rights guaranteed, not only by in
ternational law, but by specific treaties
between the United States and Ger
' many. Mr. Bryan's suggestion that
Americans do not take passage on
American ships carrying ammunition
was in direct conflict, it was pointed
out, with the treaty of 1828 between
Prussia and the United States, wherein
either party, in time of war, obtains
the right of free access to bel!-rent
ports for commerce in arms and ammu
nition and other contraband.
Privilege Held Inalienable.
Moreover, the right of an American
citizen to sail on an unarmed and un
resisting merchant ship of any nation
ality in time of war is ' held by the
President and his advisers to be an in
alienable privilege founded on the in
ternational law of centuries.
The President's view is understood
to be that a new weapon of offense in
warfare can be Introduced only if it
is made to conform with the generally
established rules of international law
existing. The conditions of war may
change, he has said, but not the rules
of war unless there is a general
agreement among the nations which
contributed to the making of interna
tional law.
Mr. Wilson, it became known, is not
opposed to the idea of an ijivestiga
tion or diplomatic discussion of cases
in- dispute between Germany and the
United States, but feels that before
such a step can be taken some guar
anty must be given that in the Interim
of discussion the lives of American
citizens .will not be Jeopardized and
that the United States will not be re
quired to yield any of its rights while
the discussion is under way.
Repetition Must Be Prevented.
It is the repetition of attacks on
American vessels or lives which the
President believes must be prevented
by an assertion of the rights of the
United States and the attainment of
Germany's acquiescence in that point
of view before diplomatic negotiations
on the subject can continue.
The note cabled to Germany. It was
said authoritatively leaves room in
many respects for a friendly reply, but
contains firm insistence on the princi
ples expressed in the American notes of
February 10 and May 13. The President
has requested that detailed forecasts of
the note be not printed in advance of
the publication of the official text.
"I believe you are wrong and that I
can convince you of iti" Mr. Bryan is
quoted as having said with a smile in
his farewell interview with the Presi
dent today. He told Mr. Wilson he be
lieved he could be of service to the
country, by securing an expression of
the peaceful desires of the Nation and
help to prevent war.
Later, when Mr. Bryan's statement
appeared, comment in high official
quarters still was friendly toward Mr.
Bryan personally, but sharp issue was
taken with his interpretation of what
the note to Germany actually contained.
It was decl&xedr by some of those of
ficials familiar with the contents of
the document that it would not neces
sarily lead to war and that such a con
tingency could arise, only if there were
a repetition of attacks on American
lives and vessels.
It was indicated that failure to se
cure reparation for the Lusitania might
mean severance of diplomatic relations,
but that hostilities would be precipitate
ed only by warlike acts on the part of
Germany.
DRY WAVE 18 ATTACKED
TOBACCO IS NEXT TARGET, SAYS
LIQUOR MAN IX SPEECH.
Trrm Industrie Related to Back Other
and Should Unite, Is View End
f Prohibition Is Forecut
CINCINNATI, June 9. The assertion
that the tobacco industry is closely re
lated to the liquor industry and that
the fight being waged by the liquor
interests against the advocates of pro
hibition is the fight also of the to
bacco interests was made at the sec
ond day's session of the annual con
vention of the Wholesale Liquor
Dealers' Association here today by J.
Lawton Kendrlck, of New York.
"Nation-wide prohibition," said Mr.
Kendrlck, "will leave" the tobacco in
dustry next in line for attack by thp
agitators."
Mr. Kendrlck advocated a closer al
liance between the two industries and
suggested that the educational cam
paign be further extended.. "I t is
time," he continued, "tha-t the 'farmer
and rural voter are made acquainted
with the fact that tobacco and liquor
revenue constitutes an enormous
part of the receipts of the country."
"Prohibition," said Joseph Smith, of
Chicago, "is a wolf in sheep's cloth
ing, a destroyer and devourer wear
ing the garb of temperance and roar
ing with the tongue and truculenco of
the tempest. It has many prophets
and preachers and some practitioners.
"Prohibition is generally an accom
panying circumstance of social and re
ligious decadence, of mutilated moral
ity and political hysteria. When the
normal and healthy conditions of so
ciety are restored, when social sanity,
political poise, trade activity .nd in
dustrial energy come back, prohibition
will be a thing of the past."
MllTIOfiS BILL IS LAW
UPPER CLASSES ARE CRITICISED
FOR IDLENESS DURING WAR.
t
Member of House of Lord Says Sons of
Some of Ilia ColleaKruea Are Still
Frequenting; Aliuic 1 i a 1 1 -
LONDON, June 9. The Ministry of
Munitions bill establishing a depart
ment to attend to the furnishing of
supplies of munitions on an adequate
scale was passed by the House of
Lords today and received royal as
sent. Baron St. Davids, lord-lieutenant of
Pembrokeshire, said in the course of
the debate that he thought it "a pity
that the bill did not give power to
requisition men as well as workers."
He wished to disassociate himself... he
said, from attacks on the working
classes.
The upper classes as & whole, Lord
St. Davids said, had come out of this
trial wonderfully well, but there were
idlers still among them, liven among
the members of the upper house, he
ventured to say, they would find men
who had never done a day's work for
themselves or anybody else since they
were born, and that the sons of some
of them still were hanging about the
theaters and music halls.
While that was going on, the Baron
contended, they might save themselves
the trouble of looking for working
men and talking of conscription and
compulsory service. Men who refused
to work should be made to fight
whether they like it or not.
PRIZE COURT INSISTED ON
Berlin Reiterates Original View as
to Indemnity for Frye. .
BERLIN, via London, June 9. Ger
many has replied to the representations
of the American Government regarding
the American steamsnip William P.
Frye, which was sunk, by the German
auxiliary cruiser Prinz Eltel Friedrlch
last January. The note reiterates the
original view taken by -Germany, which
was that the ship should be sent to
a prize court.
The American Government asked that
compensation should be paid for the de
struction of the vessel, without waiting
for a decision by the prize court, but
Germany, although ready to indemnify
the owners for their loss in any case,
under the provisions of the German
American treaty, holds as a general
principle that, owing to the possibility
that others than Americans have inter
ests at stake, the prize court should
first pass on all cases.
BOMBS FALL ON VENICE
Austrian Attackers Driven Away by
Concentrated Fire of Guns.
VENICE. June 9. Venice was bom
barded from air yesterday by two Aus
trian aeroplanes, one person being
killed and several wounded. Anti-air
craft guns were concentrated promptly
on the raiders, which were driven off.
The objective of the raid was the air
ship station at Campaltone. The man
killed was a corporal of engineers here,
but the hangar was not struck.
An Italian dirigible which attacked
the Austrian port of Flume yesterday
caught fire and was lost. The crew
was saved and captured by the- Aus-trlans.
Bullion Comes From Alaska.
SEATTLE, Wash., June 9.- The
steamship Mariposa, which arrived from
Alaska last night, brought gold bullion
worth $250,000 from Tanana and Klon
dike mines, and 50 tons of gold concen
trates from Thane, Southeastern Alaska.
FESTIVAL THRONGS
DANCE ON STREET
Pavement for Blocks Is Great
Ballroom Where Happy
' Crowds Make Merry.
SPIRIT PROVES CONTAGIOUS
You and Old Frolic on Greens,
Strangers Converse Freely and
Reserve. Abandoned for Night
of Gayety and Pleasure.
BT LEONE CASS BAER,
Now I know the answer to that
world-old riddle, "Why did the chicken
cross the road?"
The answer hit me amidships last
night when I tried to horn in at the
dancing soiree held in the middle of
the road at the Festival Center.
The chickens all crossed the road be
cause if they, stood in its middle they'd
get right merrily danced upon.
Such a spick and span street it was.
too, with a let-the-do-dust-twins-do-your-work
effect. And not a soul could
walk on it or so much as step on it till
it was time for the party.
A policeman shoo-ed me and ray
"gentleman-fren" off the nice white
way, and like children at a party we
all waited around for the pie.
Great Crowd In Happy.
The pie in this case was the dance.
For hours before a prime if sentimental
smile had spread all over the face of
the populace.
Through the aisles of flowers our
feet had strayed, and according to our
years, inclinations and previous con
dition of -servitude we had lingered be
side pansy beds or hurried to the
showy roses. .
Like happy bees in a fairy-like
grandmother's garden wo collected
sweets and let our glad eyes travel
across the beds of wonder posies.
Round and -round the mulberry bush
and the rose bush and the hydrangeas
and a million others we frolicked, joy
ously, like Children let out from school.
The Festival spirit was catching: It
broke out and spread like a rash. We
all had it. and l-ejolced, waiting to
give some to our neighbor. Once we
stop searching for amusement, you
know, it steps right tip to us. . That's
Just what happened last night.
Indians Do IVntlve Dances.
With the happy, laughing crowd, we
drifted along to where the full-blooded
Indians were dancing one of their na
tive fox trots.
My idea of nothing to get in an ar
gument about is the amount of blood
in some Indian. I think I cquld never
let him discuss his bloodedness. A
little of it as a topic of conversation
or a bit of impromptu repartee would
go such a fearful ways.
But these Indians have as much full
blood as they can accommodate, and
an audience of intensely early Amer
icans we made as we watched them
turkey trot about on the band stand.
For only Portland folk had left at
home their "reserve," that Indefinable
something which Middle Easterners and
Middle Westerners say we possess in
acute form.
Maybe the out-of-town folk helped
us do it but conversation was literal
ly forced on us and we found ourselves
liking it. ,
My rsntlemanly gentleman f ren'
hoiste'' all the kiddies we could find,
who 'veren't already seated on daddy's
or '.ncle's shoulders, and a perfectly
n-e old lady near me told me all about
rortland and the origin of the festival.
She was carrying me on down Port
land's historical lane when a sudden
flare of the trumpets said that the
dance was on in the road.
. Throng Surges to Dance.
And onto the nice white, fresh-laundered
macadam we beheld a mad swirl
ing and whirling of devotees of terpsi
chore. To the tantalizing melody of the big
brass band the crowd surged in a wild
reveling of dance.
As in a jumbled motion picture film
Charley Chapllns shuffled past, one
adorable little girl grew quite intoxi
cated with the novelty of it all and did
a gay little ploruette all alone, while
the crowd laughed in joyous friendly
recognition of the spirit that prompted
her. s
All the dancers wore a smile the
outdoor air, the publicity, the festival
spirit everything combined to make it
a rare Joyous romping, a fine game, a
diversion and not one couple danced
with that dashing over-the-precipice
look we read about. Every time some
one goes out to solve the eternal ques
tion of who shall dance.
All those Individual Mr. and Mrs.
Castles yet young enough to laugh and
hop without- their joints creaking,
wore the look of a bingle purpose as
they tripped the more or less light
fantastic. That purpose was to be as
gay and happy as the lovely nodding
roses dancing, too, in the sweet night
air.
POSITION WON BY FRENCH
Captnre of Last Houses in Xeuville
St. Taast Admitted by Berlin.
LONDON, June . Abandonment by
the Germans of the last houses in
Neuvllle-St. Vaast, north of Arras,
where a determined battle has raged
for many days, is asserted by Paris
and admitted by Berlin in today's of
ficial reports.
According to Paris, the French also
have made additional progress in the
intricate maze of trenches known as
the "labyrinth" and have beaten back
a strong counter-attack delivered by
the Germans at the Quennevieres farm,
which was taken by the French troops
on June 6, after a series of desperate
engagements preceded by a heavy bom
bardment. The German report says the battle
eas.t of Hebuterne is still raging. This
is its third day. Sanguinary losses to
the French in the forest of La Pretre
also are asserted.
CITY NOT TO CUT WEEDS
Enforcing Law to Be Only Effort to
vKid Property of Brush.
Except for the weed cutting, which
can be forced by the police bureau
under an anti-weed ordinance, the city
this year intends to do nothing u the
way of ridding the city of weeds and
brush. This is due to the fact that
the city budget committee last Kali
cut out all appropriations for the usual
annual weed campaign.
The Department of Public Works un
der Commissioner Dieck has put two
inspectors to work checking up on
particularly bad weed patches, and pro
poses to force the cutting of the weds
through the city's police power.
In previous years the city has -engaged
men to cut weeds and has then
assessed the cost against the property.
cJMercKl.o of c Merit Only"
Drug Sale
Cut-Rate Prices
25c Castor Oil ..: ...16
25c Witch Hazel , 16
25c Essence Peppermint 160
5c Powdered Borax 30
25c Pure Glycerine 160
25c Violet Ammonia 160
25c bottle Eose Water. ...... .160
5c Bicarbonate Soda 30
10c Boric Acid 60
5c pkg. Senna Leaves 30
15c Denatured Alcohol 90
15c English Tub Soap 90
25c English Tub Soap 170
15c 4711 White Rose Soap 130
10c Almond Toilet Soap 50
10c Calif. Medicated Soap.... 60
25c Packer's Tar Soap 140
FREE 3 cakes of Palmolive
Soap with every bottle of
Palmolive Shampoo at 390
50c Pond's Vanishing Cream.. 1290
25c Williams' Shaving Powder 170
25c Williams' Holder Top
Shaving Stick 170
SOcPebeco Tooth Paste 330
50cKalizon Tooth Paste 3o0
50c Ongaline 330
50c Java Rice Powder 350
50c LaVida Rose Powder 290
50c La Vida Rose Rouge 290
50c Madeline Face Powder. . ..290
50c Steam Brunette Rouge... 290
25c Stearns Necessity 130
Unequaled deodorant powder.
25c Am In Deodorant Pwd....l70
25cCutex Nail, Acid 220
50c Odorno 390
50c Charles' Flesh Food 290
10c Face Chamois 60
35c Wool Powder Puffs 230
25c Lyons' Tooth Powder 140
Bathroom Fixtures Wholesale
Prices.
$1.00 Glass Shelves 690
Polished edges, 5x18 and 5x24
inches. Nickel brackets.
50c Nickel Towel Bars 290
Heavy weight, 24-inch.
50c Tub Soap Dishes 290
65c Tumbler and Tooth Brush
Combination 390
50c Toilet Paper Holders 290
50c Bath Brushes 390
Detachable handle. -
75c Bath Brushes ...590
Long detachable handle, pure
white bristles.
$1.50 Bath Brushes 980
Assorted styles, best makes.
$1.00 Bath Spray 690
Durable tubing, shower spray.
Complete line of Knickerbocker
Spray and Massage Brushes at
from $1.35 to $5.50
first floor.
Merchonti.ao oCtJ Merit Only"
In many instances the city failed to
get its money back, so this year it
was deemed advisable to let the weeds
grow except where their removal can
be forced by the police.
RIVER VICTIM IS FOUND
Body or Edward DeWitt Is Taken
After Searcli of Month.
The body of Edward DeWitt, son of
Mr. and Mrs. Charles DeWitt, of 1002
Ellsworth street, was found yesterday
below the Clackamas Kapids of the
Willamette River, near Oregon City,
after a search of nearly a month.
The young man, who is 19 years old,
and lived in Portland all his life, was
drowned in a boating accident May 16,
near Oregon City. The body found yes
terday was near Jennings' Lodge, about
a mile down the river from where he
fell from the boat.
The body will be brought to" Port
land for burial. In addition to his
father and mother, four brothers and
sisters survive. Coroner Hempstead, of
Oregon City, determined that there
would be no inquest.
Boise Assayer Appointed.
OREGONIAN NEWS BUREAU, Wash
ington. June 9. The President today
appointed Curtis F. Pike, of Boise, to
be assayer in charge of the Boise Assay
Office.
The population f Austria
mated at 5,000.000.
MONEY HAS rVo
Home - it was
Made to keep
moving- !
We Are Showing a Great Assemblage of Sport Hats and Coats
DecoIIette Gillette the New Safety Razor for Women $5.00
Exchange Your Old
Sewing Machine for
THE FREE
The Besl Machine Made
$1 Down, $1 Week
(If preferred)
Second Floor.
Mail and Telephone Orders Filled by Expert Shoppers
sum
J-
man
Merchandise of
Pacific Phone Marshall 5000
eff oT 00
WOUC
J
Merit Only"
Home Phone A 6691
Victor Talking Machines for Your Vacation Trip $1 Down, $1 Week
June White and June Clearance Sales
We are Very busy Day after day new lots of merchandise are placed on sale.
. Merchandise new and seasonable, bought expressly for this event. It is well known that
this store never sacrifices quality for low prices. Neither does it use quality as an excuse
for high pricing. It always considers the customer first. That is the main reason for the
success of this event.
If You Require a New Suit
and Overlook This Opportunity
It Means a Distinct Loss to You
Men's Serge (Midnight Blue) Suits
In All Sixes A Limited Quantity Only
Regularly Sold at $25.00 to $27.50
June White Sale $19.45
Advance Fall models already Before Summer has fairly
begun, and as always, this store is showing them weeks ahead of time.
Here they are the new tailored, jackets, showing smart braid
trimming and pleats, full lined "with excellent quality silk. ' Skirts
in many different pleated styles, which will be adopted universally
for the Autumn season.
' Beautiful suits strictly man-tailored in every detail made of
fine men's wear serges, in midnight blue and medium blue, which
will be the most favored colors for suits this Fall. Third Floor
Over 2000 New Waists in This Sale
And the Best of It Every Waist Is NEW
June Sale Prices $1.00, $1
At $1.00 "Veribest" waists of voiles, organdies
and striped voile; allover embroidered and tailored ef
fects entirely new styles just received.
At $1.50 "Wynall." in new and charming mod
els, of allover embroidered voiles and organdie, high
neck, low-neck, long or short sleeves.
At $1.95 Crepe de chine, tub silk, embroidered
voile and organdie, beautiful styles in tailored and dressy
effects in large variety.
At $2.75 Fine imported voile waists, embroidery
and hemstitching trimmed; plain and allover embroidery
styles; distinctive new models.
.50,. $1.95, $3.95 to $4.95
At $2.85 Crepe de chine, pongee silk, tub silk,
striped chiffon taffeta and embroidered voiles in an
immense assortment of styles.
At $3.35 Sport Blouses, strictly tailored; of fan
cy candy striped and Roman striped tub silks; in the
latest color combinations.
At $3.95 Striped and plain crepe de chine. Geor
gette crepe, plain .and embroidered, shadow lace; in
styles for tailored, street and evening wear.
At $4.85 Every new style and material at this
price plain and striped crepe de chine. Georgette
crepes, pongee, novelty and lace-trimmed voiles.
Third Floor.
Yes, It Is Surprising These Silk Skirts $5.45 j
If your money moves in
the proper direction if it
is spent in the proper place
it will bring you many
happy returns of the occa
sion. A man is justified in
spending; a certain sum of
money upon his appearance.
If you will invest in one
of these up-to-the-minute,
down-to-the-dollar suits we
are offering:, you will feel
justified in the expendi
ture. ' '
Suits that were $18.00 to
$30.00 reduced for quick
selling to $13.00, $16.00 and
$19.00.
Phegley & Cavender
Cor. Fourth and Alder Sts.
Are You Interested?
Black Velvet Combined
With Transparent
Straw $1.95
The smartest new shapes for the
coming months, with brims of black
or white transparent lacy straw,
bound around the edge with black
velvet to match the soft, black vel
vet crown. They are shown in me
dium sailor shapes, which also may
be worn slightly drooping.
Clever New Hemp Sailor Shapes
$2.50 and $2.95 Regular Thursday $1.45
Of a beautiful quality Milan hemp, in black and white, in
the most wanted shapes for midsummer wear. These hats are
exceptional at $1.45.
Panamas new arrivals at $1.95, $2.95, $3.95. '
All the new shapes are here sport models sailor shapes,
showing broad brims that are now so popular. Hand-blocked
Panamas, in an immense assortment of individual styles.
Is now eati- jf
- mm :j iv
Second Floor.
ear. i .' j ;
The Quaker Girl Skirt
Shown for the first time in Port
land. A delightful creation
made of five wide ruffles
of fine, soft-finished chif
fon taffeta, in all black or black
and white shephetd checks.
Each ruffle finished with cord
edging.
Two models illustrated.
Third Floor
TVm7l r- r-iR?V
A RECORD SALE OF MEN'S NEW SUMMER FURNISHINGS
$1.00 Athletic Union Suits . 69c
$2.00 Lisle Union Suits . $1.65
Broken Lines of Union Suits $1.15
$1.50 Summer Weight Pajamas . . . . .$1.15
$2.00 Fancy Pajamas, best styles . . . .$1.39
$1.00-$ 1.50 Fine Silk Hosiery ....... .79c
$5.00 New Summer Silk Shirts $3.85
$1.50 to $2.00 Fine Tailored Shirts. . .$1.19
$1.00 Shirts of Percale and Madras . . ,79c
$1.00 Imported English Neckwear 59c
50c Attractive Tub Silk Ties 35c
Summer Silk Fibre Sox, special 25c
drat floor.