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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 18, 1916)
18 ' THE MORNING OREGONIAN, TUESDAY, JANUARY 18, 1916. CLARK IflOICTINT . IS NOT DISMISSED Judge Kavanaugh Refuses to Comply With Mandatory Or der of Supreme Court. ANSWER SENT TO SALEM Convinced of Gnilt of Man Accused -of election Frauds, Order Is In tcrpreted as Effort to Con trol Judicial Discretion. Convinced of the guilt of Albin I Clark, convicted in the Precinct 37 bal lot fraud case. Circuit Judge Kav anaugh has refused to comply with the mandatory writ from the Supreme Court demanding that he dismiss the indictment against Clark, and in an answer forwarded to Salem last night asked that the writ be quashed. In his reply Judge Kavanaugh de clares "that the alternative writ di rected to him . . . ia not issued to compel the performance of an act which the law especially enjoins as a duty resulting from an official trust or sta tion, nor that it was issued to require this court to exercise Its Judgment or to proceed in the discharge of any of its functions, but that it was issued solely in an attempt to control the judicial discretion vested in this court In the premises." Having presided at the election con test of Tom M. Word against Thomas ' M. Hurlburt, In which the fraud charge waa uncovered. Judge Kav anaugh formed the opinion of Clark's guilt, which he refuses to change. Section 1704 of Lord'a Oregon laws provides that "the court may. . . . npon the application of the District At torney. . . . order an action, after indictment, to be dismissed." "The Supreme Court evidently In terprets 'may' to read 'must,'" com mented Judge Kavanaugh when he waa served with the writ of mandamus. Clark was indicted April 29. 1915, convicted May 29 and moved for a new trial on July 15. The case was not set for trial during September, October, November or December terms. Judge KavanauKh declares that the case was continued for trial upon application of the defendant, though the writ says the reverse. niKtrlct Attorney Evans ordered a dismissal of the indictment December in. which was first presented to Cir cuit Judge Hatens. next to Judge Can tenbeln and finally to Judge Kav anaugh. Judse Catena turned the order over to Judge Gantenbein. who waa then criminal Judge, and who in turn turned it over to Judge Kavanaugh when the latter became criminal judge. the amount asked "from each automo bile owner in the letters sent out last week. By the time all the returns from the automobile owners are in it is expectea that a majority of the amount needed will have been pledged. " The report of pledges and cash dona tions yesterday was as follows: Cash. Pmrlnndv nitknnwledced- cash S 693.50 Betsv Bonford 5.00 Fred H. Kothcbild o.U0 Uon L. Di iiois 3.O0 Julius F. Kfmmei 3-Oo John B Hardy 5.00 Waghlnglon-forlland. Cement Co.... S.00 utt v". .Nelson - -v0 F. A. Relsocher. M. D 0o E. W. tjrebhonier -5.00 Mrs. R 11. Jenkins " 5.0O Sana Ainsworta 5.0O Columbia Steel Company...;;...... - 5-00 V. F. Hone (Gresham) 5.00 Mm I Vnnduvn ..........a ' 5.O0 C. F. Adams S-00 W. w. Clark J 0 Unknown ........ 5-00 Arthur W. Clark 5 1 K. Kelly. M. D 5-00 William Woerner 500 A. H. Averill jO? J. H. Richmond ............. - 1 J Thomas Roberts 5.00 H. O. Hlckox --0 Pledges. Previously acknowledged, pledges... 515.00 H. A. FreUrlch S.00 O. T. tseulemyer ................. 5.0O W. I. Swank 5.00 A. W. Graham .................... 5.0O A M. Ellsworth 3.00 I E. Martin 5 00 It. E. Davis . 3.00 John H. Burgard 5.00 Otto Schultz ' 5.O0 D. O. CVRetllv 8.00 H. H. Holland o.uu 5.00 5.00 5.00 5.00 5.00 5.00 5.00 3. 7.1 5.00 John Blled Tyrrell Trips Company F. E. Taylor Mrs. H. U Pit toe k O. W Harford . W. K. Downing and Grace H. Down ing (Bend, or.) .' R. D. Cruickshank .................. J. C, Mann J. H. Richmond ............ Robert Lee Rlncer. ... . ... Grand total, cash and pledges. .. 1,438.50 WOMAN IS PATHETIC Riddel! Case Wtiness Tells of Savings Investment. DEFENSE SCORES POINT Stenographer Testifies Accused Alan Had Small Knowledge of De velopment Company Affairs, . . Although Secretary. JITNEY LAW IS HELD UP ATTORNEYS GIVE NOTICE OF" AP- PEAL FOR REHEARING. . ICICLES ADD TO DANGER nv.M:i of nrsi.Ess property ORDERED TO REMOVE MENACK. Ilof Rrao Sin Damaged and Narrow Escapes of Pedestrians Reported. Wont to Coaae. The problem of falling ice became so serious yesterday that city authori ties look tfie matter in hand for the Motevtlon of the pedestrian, and the pollvo notified downtown property own ers to remove all icicles. Chunks of ice weighing from 20 to & pounds were removed from the tops f buildings during the day. A chunk f li e demolished one end of the Hof r-rau sign, at the corner of Sixth and Aldr streets. A piece of ice. weighing perhaps 50 pounds, hung suspended for many hours sterda- on a small wire over the en trance to a building opposite the Astor iloicl on Sixth j-treet. Harry P. Coffln, or the department of public safety, or dered this removed. Many narrow escapes from falling u-. were reported. "falling ice is not as bad now as It ulll he when the thaw-sets in. de lta red Chief of Kolice Clark. "When the thaw comes, and the dripping snow freeezsi at nlsht, then real icicles will be formed." Th! chief says residents are doing reasonably well in keeping sidewalks clean, but absentee owners are causing trouble. City Attaraey Saya( However, That, Eves, if Petition la Graated, Enforcement May Start. Once more enforcement of Portland's jitney ordinance is held up. Notice was served on City Attorney La Koche yes terday by attorneys, representing the Jitney .Drivers' Union that they have applied to the Supreme Court for a re hearing of the case, which they lost December 28 and which made the jit ney ordinance enforceable yesterday, 20 days after the decision was handed down. Because of this legal step taken by the jitneys and tfce further fact that Commissioner Daly will have a pro posal before the Council tomorrow to change the ordinance, enforcement of the measure did not start yesterday. The fact was taken into consideration also that there are comparatively few of the machines attempting to operate on account of the cold weather. Commissioner Daly proposes in amendments he sent to the Council yes terday to amend the ordinance so as to permit the placing of one seat on the rear left-hand door, and also per mitting the Jitneys to stop for passen gers on either side of intersections. If the Supreme Court grants the jit neys a new hearing, it is not certain that enforcement of the measure will be held up. The case is against Mayor Albee and City Attorney La. Koche says it does not enjoin other members of the Council or the police from enforc ing the provisions. B. Baker, 70 years old, of Woodbine, Ia was one of the 15 witnesses who told in Federal Judge Bean's court yes terday how they had skimped and scraped to buy orchard lands in- East ern . Oregon. " "rich in volcanic ash.' from the Oregon Inland Development Company, only to find the lands rocky and virtually--worthless- lor cultiva tion. Another witness was Mrs. Patsy Doran, a laundry worker; She pre sented a pathetic figure on the stand as she told how She bad saved enough to make the payments from her meager earnings as a, laundress. , Stories Virtually Alike. Other witnesses, with -virtually the same stories, almost all of whom had bought in response to advertisements or solicitation by agents. Included Miss Frances M. Jackson, E. L. b wanson, Robert W. Simpson. George W. Page, R. H. GlllUand, Theodore Rehberg, Mr. E. V. Watts, G. F. Dalkey,. Alfred F. Pitts. L. W. Howell, Harry Watts, T. W. Avis and W. F. Burkehart. Thev were put- on the stand by United States Attorney Reames in the trial of H. H. Riddell, attorney and secretary for the company, who is ac cused of using the United States malls in a scheme to defraud. - - - Mr. Riddell's defense is that he acted as attorney for the company, and had no ' knowledge of 'any alleged fraudulent transactions and that -.he was only nominally its secretary with few duties to perform. . Defease Scores Point. The defense scored an important point when Attorney Wallace Mc- Camant in his cross-examination of Mrs. Fannie Dean, stenographer for the company from May- 1. 111. to May 17, 1912, brought out testimony toat Mr. Riddell nad had very little to do with the executive end of its affairs. . She said that Frank Richet and J. T. Conway attended to that part of it, and that Mr. Riddell was so busy wltc his private business that he gave very little time to the .company, ' ; . "Did you ever hear Mr. Richet com plain that Mr. Riddell wasn't earning his salary?" queried Mr. McCamant. The -witness replied -that she, had. She said she . had believed the com pany's methods were all right, and that she thought Mr. Riddell could easlly liave been led to believe the same thing. . " The Government will close its case today. United States Attorney Reames announced. The defense will probably take at least two days to present its evidence. SANDY BOOSTS HIGHWAY Coiiiemrcial Club Back Project for . Mount Hood Itoad Loop. SANDY, Or.. Jan. 17. (Special.) The Sandy Commercial Club has taken up the-question of assisting thep roposed Mount Hood loop of the Columbia High way, and held a meeting Saturday night. One speaker said: "We. the people of Sandy and vicin ity are offered a golden opportunity but to insure this we must get busy. The united efforts of the community at this time will bring state aid to this vital project, which is the assurance that the Mount Hood loop of the Co lumbia Highway will be built through Sandy. Powerful interests are at work already, which. If successful, - will change the route and exclude Sandy and vicinity from the highway." ESSAY WORK FOUNfl BETTER l'nicrity lYeshmeii This Year Are lrclared Above Average. UNIVKRSITY OF ORKGON". Eugene, Jan. 17. (Special.) That the fresh inrn of this year In the university are above the average in essay work Is the opinion of Mrs. Mabel Holmes l'ar.ons. Kngllsh instructor In the uni versity and who conducts short story classes in Portland. "The war Is the cause I ascribe to eur more mature freshmen." says Mrs. Parsons. "It has caused economic conditions resulting In some serious thinking on the part of students before thev definitely decided to attend col lege. They have taken higher educa tion seriously and the result lathe uni versity has found itself endowed this ear with its most mature class in curs." ASTORIA DEBATERS WIN Iial Victory Is Registered Over Clatskanle High School. CLATSKANIE. Or.. Jan. 17 (Spe cial.) The Astoria High School re reived a 2-to-l decision in the dual de bate here Saturday night with Clat-,-kanle. Astoria rejected the essential features of the Swiss military system proposed by Clatskanie and advocated the improvement of our present sys tem. The Clatskanie team was composed of Tillle Pulliam and Herbert Geary. Astoria; Lydia Kaboth and John Eliot. PLEDGES TOTAL $1428.50 Contributions to Vista House Me morial Are Growing. The average of the daily returns in the campaign for funds for the Vista House memorial, to be built on Crown Point, is steadily improving and the total in pledges and contributions from automobile owners yesterday was 1:S 50 since the beginning of the can vass. Practically all of tha pledges and eash donations that are cumlttg In to Adolphe Wolfe, treasurer of the asso ciation, are In sums of 15. that jK'ing MAN FALLS IN CINDER PIT O.-W. K. Jfc X. Foreman Regains Consciousness With Face Froien PENDLETON. Or.. Jan. 17. (Special.) Del Jackson. roundhouse - foreman of the "O.-W. R. X. Company's terminal yards at Pilot Rock, had a narrow es cape frob being frozen to death today, when he fell Into a sinder pit and lay there unconscious for several hours. Mr. Jackson being unable to see the position of the pit on account of the steam from the engines in the round house, walked into the pit. When be came to his senses and railed for assistance, he was rushed to Pendleton on a freight engine. - His face is badly bruised and one side of his face is froxenv. OREGON Y. W. C. A. TO ACT Pageant to Be Presented Before rniversity Students March 2. UNIVERSITY OF OREGOX, Eugene, Jan. 17. (Special.) One hundred and seventy co-eds and enough men to make up a mob will take part in a pageant play to be staged by the Y. W. C. A. before an assembly of students March 2. The purpose of the play is to celebrate the 15th birthday of the National Y. W. C. A. "Girls of yesterday" is the title of the pageant, which depicts by costumes, music and dialogue, the procession of years since 186$. The girl of 1866 will be Miss Paunlta Wilkins, of Eugene, while Miss Emma Wooton. of Astoria, has been choBen to portray the girl of 1S1. Clatskanie Masons Install. CLATSKANIE. Or.. Jan. 17 (Spe cial.) The Clatskanie Lodge of Masons held a public installation of officers Saturday night. Those installed were: Master, G. B. Conyers; senior warden, M. W. Markara: Junior warden. George Cressler: treasurer. R. W. Reed; secre tary. J. T. Peterson: senior deacon, E. B. Kerr: junior deacon. S. J. Johnson; marshal. E. W. Conyers: stewards. L a Baumgardner and A. J. Claydon; tyler, J. J. Eastman. JOE PRUNE FIGHTING MAN Alleged Thief Doesn't Want to Come Back to Oregon. BAKER, Or., Jan. 17. (Special.) That Joe Prune, arrested in Spokane for alleged theft of $000 from members of the section gang at Pleasant Valley, of which he was foremanf ia not only fighting extradition, but is starting habeas corpus proceedings as well, was the information received today by Dis trict Attorney Godwin from Sheriff 11. I. Anderson, now in Spokane. It bad been understood when Mr. Anderson started to Spokane that the prisoner was willing to return to Oregon. Mr. Godwin mailed an application this afternoon to -Governor Withy combe for extradition papers,( and left tonight for Spokane to fight Prune's habeas corpus action. Captain of Liner Olympic Honored. PARIS, Jan. IS. The French govern ment has awarded a gold medal to Captain Bertram F. Hayes, of the Brit ish liner Olympic, for his courage in rescuing at the risk of losing his own ship the crew of the French steamer Provincta. sunk by an Austrian sub marine October 4. 1915, off the Island of Cerigo, south of Greece ' I WHY HAIR FALLS OUT Dandruff causes a feverish Irritation of the scalp, the hair roots shrink, loos en and then the hair comes out fast. To stou falling hair at once and rid the scalp of every particle of dandruff, get a 25-cent bottle of Danderine at any drusr store, pour a little in your band and rub well into the scalp. After a few applications all dandruff disappears and the hair stops coming out. - CROSS FEVERISH CHILD IS BILIOUS CONSTIPATED Look, Mothers! See if tongue is coat ed, breath hot or stomach soar. "California Syrup of Figs" can't harm tender stomach, liver, bowels. - Ashland Grocery Firm Dlsolves. leOT.iVn Cr .Tan t 7 f RnMll.l Holmes Bros., o'ld-time grocery firm here at Xorth Main and Church streets. . nartnarahln H. P. Iliin uinv--. , - -' ' " -- Holmes, senior member of the firm, will continue the business, wnicn na oeen conducted for nearly 10 years. Th french Sergeant, who, aa tha result of a wound lu th head, received in 1879, Buffered periods of abnormality, during wlU-h ha nellber smetled uor felt anything, would be an almost Meal man for trench .-rU- In th present unpleasantness hal the correspondent larltea true. a Every mother realizes, after giving her children "California Syrup of Figs," that this is their ideal laxative, because they love its pleasant taste and it thor oughly cleanses the tender little stom ach, liver and bowels without griping When cross,, irritable, feverish or breath Is bad, stomach sour, look at the tongue, mother! If coated, give a tea spoonful of this harmless "fruit laxa tive." and in a few hours all the fouL constipated waste, sour bile and undi gested food passe3 out of the bowels and you have a well, playful child again. When its little system is full of cold, throat sore, has stomach-ache, diarrhoea. Indigestion, colic remem ber, a good "inside cleansing" should always be the first treatment given. Millions of mothers keep "California Syrup of Figs" handy; they know a tea. spoonful today saves a tick child to morrow. Ask your druggist for a 50 cent bottle of "California Syrup of Figs," which. has directions for babtes, children- of all ages and grown-ups printed on the bottle. Beware of coun terfeits sold here, so don't, be fooled. Get the genuine, made by "California Fig Syrup Company." Adv. j rSEE OREGON IN PICTURES ON OUR SIXTH FLOOR: MAIL ORDERS FILLED FROM THESE WONDERFUL OFFERINGS - In Spite of the Weather Thousands Are Taking Advantage of Our Great Annual White Sale and Sale Odds & Ends & Surplus Stocks Closing Out Entire Stock of Men's Schlichten Ramie ffi Underwear! To Be Handled Henceforth Exclusively as a Custom Line Light, medium and heavy weights adapted to every season in the year. Warmth without weight in Winter, coolness- with protection in Summer, non-irritating always. This great stock-lessening, sale at such tremendous underprices will establish still more strongly the excelling qualities of this above-all-sanitary underwear. No need to enlarge upon the merits of "Ramie" Linen - Fibre Underwear. ; Men who have worn this renowned linen mesh proclaim it as the most comfortable, the -most 7 health-giving, the most serviceable, the most satisfactory of "all under garments. It is superbly made, carefully finished, perfect fitting. ... UNION SUITS REDUCED! SEPARATE PIECES REDUCED $2.50 Garments $1.25 $3.00 Garments $1.50 Garments $5.00 Union Suits $2.50 $6.50 Union Suits $3.25 'llnJee' $7.00 Union Suits $3.50 Union Suits in All Sizes, 3U to 50 Two-Piece Suits in All Sizes, but Not All Sizes in Every Weight Sale Begins Today at 9 A. M., Main Floor, Morrison-Street Entrance $3.25 $3.50 $1.63 Garments $1.75 The Famous "Dix" Make House Dresses for $2.69 Regularly $3 J00 and $30 The bouse dress that particular women prefer because of its supe rior style, quality and workman ship! Ginghams, percales, chambrays in stripes and checks trimmed with pique collars, vests and cuffs, with dainty touches of hand em broidery. . Very neatl 2S)0 Dix Dresses at $1.69 2JS0 Dix Dresses at $1.98 Outing Flannel Gowns, $1.27 The Usual $1J50 Kind Snug, warm gowns, so comfy these cold nights! White or pretty colored stripes, trimmed with hem stitching and wash braids. Third Floor, Si-tb Sfeet. Unparalleled! This Sale of Women's Street Suits Suits $24.85. Were ?39.50 to $45. ' Suits $29.25. Were priced $58.50. , Suits $35:00. Were priced $70.00. Suits $40.00. Were priced $80.00. Suits $47.50. Were priced $95.00. Suits $26.45. Were $47.50-52.50. Suite $32.50. Were priced $65.00. Suits $39.25. Were priced $78.50. Suite $42.50. Were priced $85.00. Suite $55.00. Were priced $110. Best Suit Styles of the Season, Including Max M. Schivarcz Models. Velvets that are fur trimmed in dozens of styles; finest wool fabrics in scores of col ors, fur, braid and embroidery trimmed. Sale began yesterday. The assortments are still splendid, but, of course, the earlier . you shop the better the opportunity for good buying. Fourth Floor, Fifth Strict. it Bedding in the WHITE SALE Linen Sheets All linen of excellent quality. $7.50 size 72x99 inches, pair $4.00 Honeycomb Spreads Extra good quality, fringed and cut corners. $2.25 three-quarter bed size, $1.39 Marseilles Spreads Satin- finish, scalloped edges, cut corners. $4 Twin-bed size, reduced to $2.98 Soft-Finish Cambric Very good grade for underrauslins, etc. ' , - 12 'je 36-inch width, the yard 8 'if. . Second Floor. Fifth Street. 'Wirthmor' Waists $1 Here Only If you want the newest styles in waists at the lowest price buy a "Wirth mor." The 4 "Wirth mors" pictured here are new all priced $1.00 Fourth Floor, Central. Eye Glasses $2.50 Eyes Examined and Lens Fitted By 'Our Registered Optometrists. Eye strain is unnecessary if your ryes are properly fitted to correct glasses. A visit to our optical depart ment, a consultation with our export optometrists will eliminate this bug bear. Lenses mounted in gold-filled frames, special today at $2.50 . . Balcony, Sixth Street. Striped Outing Flannel Yard 6V4C The Regular 8c Grade Good, medium weight, suitable for night garments and comfort covers. Wide or narrow stripes in pink and white, blue and white and black and white. Second Floor, Fit th street. In the Face of Another . Advance Today Flour, Sk. $1.39 Magic high-grade family pat ent flour. Made by one of Ore gon's best mills. Sack $1.39. Pure Lard, No. 10 pails, $159; No. 5 pails, 6o. Hawaiian Pineapple, No.. 2 cans, bro ken slices, dozen, $1.15; can 10. Loganberries, No.' 2 cans, dozen, $1.10; can, 10. ' ' . Butternut Butter, established brand, roll, 63. Italian Prunes, 40 to 50 sizes, three pounds, 25. Olive Oil, Mission brand, 25c bottles, Karo Syrup, No. 5 Blue Label cans, 30. Lunch Salmon, Barnes' Coho No. cans, three for 25. Ninth Floor, Fifth Street. Imported Lace Flouncings Reduced Lyons and Calais laces cream and Paris shade, diamond and novelty meshes, embroid ered in beautiful pastel shades and metal effects, combined with heavy embroidery. 12 to 27-inch widths for party frocks and blouses. $10.00 Lace, $4.98 Rich gold, silver and bronze frieze cloth so ef fective for evening wear. 44 inches wide. For skirts, drapes or bodices. Reduced to $4.98. $6.50 Lace, $4.39 Calais and Lyons lace. Old blue net embroidered in spots of rose, green, violet, buff and gold. 18 inches wide. The design used on many model gowns, yard at $4.3S. Tut Quality" Store of- Portland FH 2osUt"MarrtaacyAldir 3ts $14.00 Lace, $11.00 Exquisite L i e r r e lace flouncing a soft silk hexa gon mesh, embroidered in shades of coral. 3G inches wide. $5.00 Banding to match at, the yard $4.39. In the White Sale 20-inch Allovers, 39c to 98c yd. 17-inch Embroideries, 18c to 98c. 25-inch Flouncing, 25c to 98c yd. 15-inch Flouncing, 39c to $1.78. 5-inch Shadow Lace, yard 10. 7-inch Net Tops, yd. 25 to $1. Vi to 154 -inch Beadings, yard 8 to 25 r. Main Floor, Fifth Street. SKIRTS ACCORDION PLEATED $1 SKIRTS CUT TO MEASURE FREE ; G. II. Rogers Dies at Centralis. fPVTniT.T4 Wash.. Jan. 17. (Spe cial.) George H. Rogers, a resident of Central! for the 'past 88 years, died Friday. ine -iunerai w .,... .. the Presbyterian Church in Toledo Sun day. Mr.. Rogers waa born in Maine on May 20; 1830. Me crosseo m i itcn .i m.tt in ("aiiiorma-. py. Rogers is survived by five children Miss Jennie Rogers, this city; Mrs. C. V. Badger, Toledo: Miss Mabel Rogers, this city: W. A. Rogers, Castle Rock, and H. B. Rogers, principal of the Edi son School in this city. ' Australia has prohibited the importation of bells alleged to produce a therapeutic effect by electric or magnetic Influences. Snow Shoos Hobos Away. ALBANY, Or.. Jan. 17. (Special.) There is a marked scarcity of hobos in the Willamette Valley during the pres ent cold spell. This condition has been accounted for by the fact that they fled hastily for a warmer clime when the snow. came. Some local residents have been unkind enough to suggest. though, that the hobos were keepine under cover because they would ba asked to ahovel snow instead of beiuc fed without working. In any event their absence has been , noted chiefly by those who want snow fhoveled. Water power la uncd f produce cKctrtcUy in .Switzerland to u-t ati oU'iit that 1" some luwna dot au uus ot coal is bulnou. 1