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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 3, 1916)
TTIE 3IORXIXG OREGOXIAX, THURSDAY, AUGUST 3. 1916. RELEASE OF JAMES LEVEL IS ORDERED II Ml I WllriWllii 1 1 1 1 ! 1 1 1 i ! ! 1 1 j j - iiilii!"i:i:ijii: G PICTURE : i 1 1 Held Over Three Days More MARIE D0R0 The Pretty Frohman Star, With Theodore Roberts Thomas Meighan Little Billy Jacobs FLAX PLANT HEAD iii!ill!lj!lli;i!!!iiilHil!iiil!liii!!l ; p 1 i illicit; Superintendent J. C. Cady Is Let Out Over Protest of Governor Withycombe. Supreme Court Settles Odd Case in Which Portland Man Suffered Imprisonment. FRICTION IS DENOUNCED JUSTICES ARE UNANIMOUS 6 BOARD DISMISSES raoviN i;l!!lllliHIl!IIHIillll " . 3 State Officials to Demand Cessation of Antagonism From Prison Heads Portland Man Is Named for Position. BALEM, Or.. Augr. 2. (Special.) Services of J. C. Cady as superinten dent of the Oregon Penitentiary flax plant were terminated here today by the State Board of Control over the protest of Governor Withycombe. . R. Crawford, of Portland, na, been named to take charge of the harvesting: of the flax crop. The initiative in removing Mr. Cady was taken today by State Treasurer Kay, who moved that the board dis pense at once with the flax superin tendent's service. Secretary Olcott supported Mr. Kay. "I think this is a mistake," com mented the Governor. 'I do not feel inai HH . muy ima UUU OIL vuu. There is one thing we must grant xnat iVl I . iauy una uiuie iuau oo.. his salary in buying the machinery for .1 1 . T T . . . i-nnan I". tVlA plans of the machinery and had it made in tne united states, tnus ing the 40 per cent duty which other wise we would have been forced to pay." Frlun Officials Censored. Opposition of officials at the peni tentiary to Mr. Cady and the flax work In general came in for severe censure by members of the board, who charged i. i. . - T f 1 1 1 it-h a t Vi n fla-x mai iuuuu va. mo - - work was due to a persistent policy of tha BimprlntfinflRnL Both Governor Withycombe and Treasurer Kay declared there had been ... rn.nnArnlinn A determination was expressed to secure co-operation of all concerned j .A .nfit mt Vi TYiitatnlfAn Of the past season. The board is convinced that flax can be raised and treated successfully by tho state. prison officials, Governor Withycombe . . . . ur i f 1. -. declarea tnat fepuiy vv aiucu wood. Guard Lilly and Tom Cornelius, i . - . ! i .-. h.lnk .i I-i 1 II H been "positively opposed to the flax woric." HI tint M.nnprilte." continued the Governor, "and whoever we place in Mr. Cady's place, we must insist that he gets the backing of the prison officials. When those people take a notion to fight a fellow, he has a hard time. They are fighting Mr. Humphrey, the farmer at the penitentiary, right now. There is too much antagonism at the penitentiary." Frank Minto Antagonistic. I agree with you," responded Treas urer Kay. "Frank Minto has been an tagonistic to Mr. Cady." "Yes, I know that." said the Gover nor. "He even tried to get his Job." Efforts to charge items to the flax fund which were properly chargeable to other accounts were censured by the Governor, who said that when the prison officials needed an extra guard they would charge it up to the flax work. R. B. Goodin. secretary of the board, said he had discovered that the vacations of one or two prison em ployes had been taxed to the flax fund. Other instances of like kind were-cited. Mr. Crawford, whom the board ex pects to harvest the flax crop, will con fer with it tomorrow. Superintendent Minto reports that many fields of flax are foul with weeds and he objects to paying farmers $15 a ton for some of it. Mr. Crawford, who will harvest the crop, will be given authority to decide what the state should pay for the different fields of flax. BIDS ASKED FOR LIGHTING JJoqulam Will Slake New Contracts on Retrenchment Basis. " HOQUIAM, Wash.. Aug. 2. (Special.) Street-lighting contracts for thto city have expired and new bids have been called for by the City Commission. The eld contracts, which expired the early part of last month, have run over a period of five years and provided for lighting the business section of the city with ornamental gas arcs ana tne rest clence districts with lncandescents at bractlcally every corner. In the new contract the City Com mission hopes to cut down the cost of street lighting, even if it should be come necessary to cut out part of the lights now in use. Last Winter a plan was proposed by the Commission as a part of the retrenchment scheme by which about one-third of the lights in the residence district would be elimin Inated. - r f : ' f4 " 1 i I - r Z 4 f . f j - TODAY'S FIL.M FEATURES, Heilig "Damon and Pythias."' Columbia "The Captive God, "The Waiters' Ball." ?TaJestic- "Under Two Flags." Peoples "Whispering Smith." Pickford "Common Ground." Sunset "Hell's Hinges," "The Judge." T & E "Gloria's Romance." "Miss Petticoats." CENTRALIA HAS REUNION Xatter Day Saints to Open Sessions This Week. CENTRALIA. Wash., Aug. I. (Spe cial.) The annual reunion of the Lat ter Day Saints of the Seattle and British Columbia district will be held in the North End Parle from August 4 to 14. Friday, the opening day, will be devoted to the district conventions of the Sunday School and Religio-l.it erary Society. The district conference will be held Saturday. Today the Sunday School and Re llgio-Literary Society of the local church announced a fine musical pro gramme that will be rendered in the park Friday niirht. FANNIE WARD, the Lasky star who scintillated In "The Cheat" and "Tennessee's Pardner," is the most brilliantly successful of all of the stage celebrities who entered upon screen engagements during the past year. So says Julian Johnson, of Photoplay Magazine. Among the stage players who have succeeded In the movies he names Marie Doro, Pedro de Cordeba. Char lotte Walker. William K. Thomn. William Desmond, II. B. Warner, Frank Keenan, Forrest Stanley, Frank Cam- peau, Tully Marshall, H. Cooper-Cliffe, Arthur Ashley, Lewis S. Stone, Fred erick Warde, Willard Mack, Lou Tel legen, Charles Ruggles, Orrin Johnson, Herschell Mayall, Jane Grey, Grace Valentine. Olga Petrova, Gail Kane and -iiaoei lanaierro. A list of those who failed to hit tne Duuseye include Willie Collier, Raymond Hitchcock. Weber and Fields, Kddie Foy and De Wolf Hopper. "And here are notables," says John son, "who did not get far in the land of the story-telling shades: John Mason, Valli Valli. Donald Brian. Anna Held, Constance Collier, Kdna Goodrich and William Gillette." Returning to the successes, this critic names Bessie Love, of Triangle, lately appearing with Douglas Fairbanks, as tne nrst of the reaL-stars the year has created. "Here is a talent more direct, simple and sweetly sincere than any discov ered since Mary Pickford." he writes. Edna Purvlance, Chaplin's leading woman; Gladys Brockwell and Louise Fazenda he names among other "finds" of the season. Some "babies," either In. age of film experience, "worth watching" are: Ann Pennington, Doris Kenyan, Marjorie Daw, Camilla Astor, Marjory Wilson and Dorothy Green. Majestic. Theda Bara. in "Under Two Flags," a production in which she clearly dem onstrates her . versatility as a screen star, and proves that she is not ex clusively a portrayer of vampire roles. will continue as the Majestic Theater 8 leading attraction throughout the week. In this plcturization of Onida's fa mous story the Fox vampire woman plays the role of the Idol of a French regiment in Africa. Not only is she cast in a part calling for a characteri zation Just the reverse of the seductive home-wrecker, but she is required to do several athletic stunts, including a 50-foot horseback leap into the water. Patho News, with the latest events of interest throughout the world, Hughie Mack comedy, "The Jealous Guy," and preliminary pictures of the Veda, the Vampire' film, ara also screened. The "Veda, the Vampire," footago shows the principals in tha society film at their makeup and at work on -several scenes. Peoples. "Whispering Smith," the great 10 act railroad story, with its wealth of epic action of the West, will continue its engagement at the Peoples Theater for the remainder of the week. As a red-blooded tale of railroad life in a pioneer section of the Rocky Mountains, "Whispering Smith" stands out as one of the distinct successes of the year. Wrecks, depicting the tele scoping of freight cars; wrecking oper ations, showing the looting of cars; holdups, gunfights and other incidents of the heroic period in. transportation history, are all graphically presented in this story. However, romance and love are not sidetracked, for the story, dealing with a -railroad company's struggle against a gang of looters, revolves about a de tective's love for the wife of the gang leader. Helen Holmes and J. P. Mc Gowan are the leading figures in this drama. - Colombia. Chamberlains Colic and I Diarrhoea Remedy ' This is a thoroughly relia ble remedy for colic and diar rhoea. Use it according to the plain printed directions, and you are sure to get good re sults. Obtainable everywhere " So successful has been the early week screening of the Columbia's pro gramme, headlined by William S. Hart and Fatty Arbuckle. that Manager My- rick announces the continuation of the bill for the remaining three- days of the week. Hart is appearing in "The Captive God" and Arbuckle In "The Waiters' Ball." a combination which fans declare is the strongest Triangle offering in months. , "The Captive God" is a spectacular drama of Indian life in Mexico of the ICth century. Azteo civilization and religion are extensively outlined in story which for spectacle strength and atmosphere fidelity is one of the great est of all Hart productions. "The Waiters' Ball" is a Keystoner, with Arbuckle ably assisted by that bounding lad. Al St. John. There is nothing startling or surprisingly new in this two-reeler, but the cheerful moulding of the best of the old has produced a comedy of unusual mirth. Sunset. William S. Hart, in "Hell's Hinges, tense drama of the Western bad man, and a Harry Booker Keystone comedy, "The Judge." will be the film features on the Sunset Theater's new programme opening today. ' This is the second Sunset- bill under the new regime whereby re-engage ments of Triangle and Paramount pro ductions will be screened. . Return screenings of all of the big features of these two big releasing concerns ill comprise Sunset entertainment hereafter. Screen Gossip. Winifred Kingston, Dustin Farnum's leading lady, having Just finished her last picture with Farnum for a while, is preparing for a motor trip through the northern part of the state, includ ing the National parks. This trip will be unique in that there will be no men in the party. It is to be an exclusively women's party. "Stuart Holmes certainly plays the villain to the minutest detail," said A. H. Van Buren. the new William Fox star, recently, while Holmes was promenading in his war correspondent's suit, the pockets of which are placed at ghastly angles. "What do you mean. Van, what do you mean?" someone asked. "Why, even his pockets aren't on the level! Bessie Love, the Griffith star, is run ning Anita King, of Lasky's, a close race as an official opener of theaters. Miss Love recently place a Long Beach, ai., theater In commission. Dorothy Phillips has long been leading woman with Universal. Miss Phillips is a daughter of the Orioles. having been born in Baltimore October 22, 1882. The speaking stage gave her training for the silent stage, upon which she first appeared under Kssa nay, playing leads. She has scored triumphs in many plays of note. Miss Phillips' height is 6 feet 4 inches, weight 125, and her eyes and hair match in brown. Norma Nichols d alighted the film pur. lie with her portrayal of .Chiquita. the Ingenue in "The Ne'er Do Well," a Se lig production. From Selig Miss Nich ols went to Kaletn, In whose studios she now is making fun in Ham and Bud comedies. he took Ethel Teare's place when Miss Teare was given her own company. Miss Nichols is one of the beauties of the screen tumbled hair and great gray eyes. f Annette Kellerman was born in far Australia. In childhood she was an in valid, and the doctors recommended swimming. She became an expert, later coming to California, an exponent of the speedy Australian "crawl" stroke. After a period of racing and instructing she went into vaudeville and then Joined the Fox forces. Her new feature. "A Daughter of the Gods," promises to outdo even "Neptune's Daughter." Miss Kellerman aspires to the Russian ballet. Earle Foxe was born in Oxford. Ohio, in 1887, is a graduate of Ohio State University and has been playing before the camera several years. Mr. Foxe made for himself many admirers by his portrayal of Silver Spurs in "The Love Mask" and Dave Tolllver in "The Trail of the Lonesome Pine," the latter with Theodore Roberts and Charlotte Walk er, both plays of which were produced by Lasky. John Emerson is a Fine Arts director and also a talented actor. He first en tered, the pictures with Famous Play ers, appearing in "A Bachelor's Ro mance" and "The Conspiracy." Fine Arts then adopted Mr. Emerson, he be- ' came a director and among his pro ductions were "Old Heidelberg" and His Picture in the Papers." He acted in "The Flying Torpedo." He was for years a member of the Charles Froh- man organization. Lucille Taft. Gauraont. first played on the stage In the Tole of a little pickaninny. A theatrical director who was a friend of the family hacDened to remarK one evening that he needed Just one little pick- to complete his cast ana -Lucille begged bo hard that' she was allowed to have the part, she was older than she looked, but very small or stature. She is now looDinir the 4oop in aeroplanes and performing other thrillers as a Gaumont star. Teddy Sampson. World Film, made her lirst appearance in "School Days," a vaudeville act. when she was but 15 rears oia. rtext season she was a member of the chorus of the "Wall Street Girl" and afterward played sev eral seasons in vaudeville. It was while doing her turn on the "two-a-day" that rimtn saw her and engaged her at once. in private lire Teddy is Mrs. Ford Sterling, wife of the famous com edian. Appellant, Sued by Namesake, Who Is Serving Life Sentence In San ' Qnentin Penitentiary, to . Be Treed Today. SALEM. Or., August 2. (Special.) The Supreme Court today ordered James M. Level, of Portland, released from the Multnomah County Jail, where he has been Imprisoned since May 20 for nonpayment of 11043.49 al leged due John Level. The latter is serving a life sentence for murder at San Quentin. Cal. The men are not related. In granting the petition of James Level for his release from Jail, the court declared the decree of Circuit Judge Hamilton void and the imprison ment of Mr. Level as unlawful. Jus tice Benson wrote the opinion, which was concurred In by Chief Justice Moore and Justices Bean and McBrtde. "There are two grounds upon awhlch it must be conceded that Imprison ment of the petitioner Is wrongful," declared the court "First, a careful reading of the answer to the cross bill discloses no fraudulent actions upon the part of the plaintiff, and therefore, the cause is not one In which the severe remedy of an execu tion against the person may be in voked. Second, it will be observed that the decree is based exclusively on the findings and decisions of the referee. Case Started In 1012. "The statute in this state has taken away from the referee the authority to make findings of the fact and conclu sions of the law in an equitable pro ceedlng. It is true that the court might adopt the findings and conclu sions so made as its own, nevertheless. its decree must be based upon the evi dence and not upon unauthorized find ings. The recital in the decree that the said Judgment be for money fraud ulently and unlawfully retained by James M. Level is not based upon any issue found In the pleadings." The case arose in December, 1912, when the California convict began ac tion against James M. Level and wife to recover money which, he alleged, James Level owed him. When the de fendants had tiled their answer and a cross bill In equity, to which the plaintiff replied, the lower court re ferred the question to a referee to take testimony and "decide the whole is sue." Upon the referee's reporting Judge Hamilton entered a decree. An execution was then Issued and James M. Level was imprisoned. MR. LEVEL'S LAWYER ADVISED William P. Lord Fought Case Through Circuit and Federal Courts. County authorities had received no official notice of the decision or order to release James M. Level last night, but William P. Lord. Mr. Level's attor ney, received the following telegram from Arthur S. Benson, deputy clerk o the Supreme Court: "Level opinion today directing pris oner to be Sischarged. The case was fought through Circul and Federal courts in a vain effort to get Level released. Level was imprisoned because fraud alleged in the decree signed by Judge Hamilton, of Douglas County, who was sitting for Circuit Judge Mor row when the case first came up, three years ago. There was no evidence o fraud in the pleadings, contended At' torney Lord in his appeal, and the find ings of a referee in the case were signed by Judge Hamilton without per sonal knowledge of the case, it is as serted, because the original testimony was not niea wnn tne court. HONOR IS ASKED FOR AIR "Star-Spangled" Banner Hereafter Will Be Played Alone. Playing of the "Star-Spangled Ban ner" or parts of that air along with other compositions is tabooed as far as the Municipal Park Band is concerned. Mayor Albee has the promise of the band to use the National air alone here after and he urges other musical or ganizations to follow suit. The action is part of a campaign which is spreading over the country to protect the honor of the National air. To play it in conjunction with other pieces causes people to discontinue their habit of standing while it is be Ing played, the Mayor says. He urges that whenever it is played the band or other musical organization, zoembtra rise to their feet. Eagles Will FtoIIc Sunday. HOQUIAM. Wash., Aug. 2. (Special. Indications are the Eagles' picnic i Offut Lake next Sunday will be the largest ever held by Grays Harbor or ganizations. The picnie is being han died by the Hoquiam Lodge of Eagles, and the Aberdeen lodge has Joined in, making the annual picnic a joint Gray; Harbor affair. It is anticipated that at least 3000 will go from Grays Har bor cities, weather being fair.' in COMMON GROUND One of the Choicest Plays You'll See This Season Don't Miss It PICKFORD Main 3452 -"I-.:--' Vv- ' '. . i TAX STAND UPHELD Road Work Fund Can Be Used for General County Benefit. SUPREME COURT DECIDES Opinions of Attorney-General and District Attorney Evans Sus tained in Settling Ques tion for Portland. The stand of Attorney-General Brown and District Attorney Kvans that taxes collected in counties for road work could be spent as a general fund for the benefit of the entire county, taken in the case of the State, ex rel Brady, against the Commissioners of Multno mah County, was sustained by the Su preme Court Tuesday in its decision on the appeal from a demurrer filed in the injunction action of L. N. Boney against Lane County. An appeal was taken by Mr. Rone, taxpayer of Lane County, when a trial court sustained a demurrer against his action to enjoin the collection of a road tax. The County Court of Lane County, in making a budget, inserted the sum of f 110,620 under "Roads" to be levied upon all the taxable property inthat county. Including that within the city of Eugene, which has a charter exempt ing it from road taxes, etc. The amount estimated was incorporated with the larger amount of $320,683.50, which is denominated in the budget "General Fund," the rate levied to raise which was 8.676 mills. The grounds on which the request for injunction was made were found in a section of the Oregon law which pro vides that Incorporated cities are sepa rate road districts and 70 per cent of the taxes collected therein must be spent inside the district. Applied to Multnomah Cryinty It would mean that the county, which badly needs the money raised for roads, would be able to use but 30 por cent of the amount raised by taxation In Portland. This same question was an issue but minor one and one not calling for decision by the Supreme Court, in the Brady case, which was an attempt to make of Portland a separate road dis trict. Attorney-General Brown and Mr. Evans, in the argument before the Supreme Court, maintained that the law 4 Invoked by Roney In Lane County) was amended by an act of the same Legislature, but passed at a later time. The case of Rime against Thomp son was cited. It was held that the county, in levy ing taxes for the purpose of construct ing retds. was not compelled to follow sections C320 and C321. Lord's Oregon Laws, but that the county had the right to levy a tax upon all taxable property of the county, wherever sit uated, and to apply a part of the same to the construction and operation of a system of county roads .within the county. Flooded Klver Recedes. RTDCEFIEI.D, tVash.. Aug. 5. (Ppe- clal.) Lake Ulver at this place la al most back in its banks after being flooded for nearly two months. Much of tne bottom land between Lake Klver and the Columbia Is now out of water, and it is feared that the pastures are ruined because of being inundated so long. Farmers are rejoicing that the water has left their land and some will rcaeed. Taconia Rioters Indicted. TACOMA. August I. The connty grand Jury returned indictments against Frank Roscheck and Ben Knutson. charged with rioting at the east end of the Lincoln bridge. July 16. when Oscar Lelnann vis shot and killed. The men Indicted are longshoremen. llullion Notices Suspended. LONDON. Augii5t I. The sink of Eng land, from which institution bullion movements are obtained, today gave out this statement: "No further bullion announcements will be made publio until further notice." ARAILROA3P TJ-KtT. The rovernmnt of Tfew Zralandt Is re placing Its wooden telegraph polci and letter boxes poets with reinforced oonereto ones. Havlcjr a rpan of S28 feet, the new brldit. across tne Tiber at Rhome la the longest retnforred concrete arch In the world. Florence La Badie, who plays leads In Thanhouser features, was born in Canada 21 years ago. She came to New 1'ork to study painting and sculp ture and then became interested in moving pictures. Her first engage ment was with Biograph, where she was developed by David Griffith. She is best known to the public as the star in two of the greatest Thauhouser se rials, "The Million Dollar Mystery" and "The Five Faults of Flo." Lou Tellegen Is a priest and Cleo Ridgely a Parisian dancer in a Para mount picture to Jbe released ere long, e e Jin jitsu fights, two of them, will be interesting features of the next Sessue Hayakawa picture. Melbourne McDowell, legitimate stage star and former husband of Fan nie Davenport and Blanche Walsh, has been engaged to appear in a live-reel modern gambling exposure story, "The Heart of Marcus." e Powers Laemtnle have sold their private exchanges to Universal for $1,000,000. However. as Powers & Laemtnle own Universal, there is noth ing particularly exciting in this announcement. All This Week ALICE BRADY IX "MISS PETTICOATS" BILLIE BURKE Chapter 13. "Her Fighting; Spirit" of oulorla's Romance. Matinees, luc. Evenings, 10c and 15c Loges. Site, A Sand Storm Remark able Feata of Horseman ship Cigarette's Daring Leap Into the Water From Fifty-Foot Cliff Are Some of the Big Moments in . Ueder I we .dags Ouida's World-Famous Drama, Starring THEDA KARA As Cigarette, the Daugh .ter of the Regiment NOW PLAYING THREE MORE BIG DAYS! Today, Tomorrow and Saturday sperm Mill The Greatest of All Railroad Dramas, that has thrilled and pleased thou sands and is held over to accommo date many thousands more. Don't let it get by you, and remember it's not a serial, but one" big show 10 parts. Go today! I g ! . ! I y PFfiiPi in ttJ ii ILtl ..aJ.i-J.Lr irn li 1 - .1 in i V5 . if J ' D Jh.n-m - ,jr.. .,-.,...,.,.,,, , , o H oraOBQi Tionoi aoner ioi30ko Phone Your Want Ads to The Oregonian Main 7070, A 6095