K
UNIOf
TH
(7
VOL.. XVI. NO. 17,469.
PORTLAND, OREGON, FRIDAY. NOVEMBER 17, 191G.
PRICE FIVE CENTS.
BELGIUM APPEALS
TO UNITED STATES
WOMAN ATTACKED
BY TWO BURGLARS
DEUTSCHLAND OFF
ON RETURN VOYAGE
HIGH TEMPERATURE
SECRET OF BRAVERY
LOGGING MANAGER
NEWBERG VICTIM
JITNEY" REGULATION
SUSTAINED IN COURT
MRS. MATTIE IIARMAX SUR
PRISES PAIR IX HOME.
COURAGE OF BIRDS OX BATTLE
FIELD EXPLAINED.
LOG STRIKES GLEX O. DASSETT,
BREAKING BACK.
mi
is V A ,A'A . A .A A . Az
CHICAGO
CANVASS
V,
Intervention Against
Deportations Asked.
FORMAL PROTEST IS. ENTERED
Forced Labor Held Violation
of Laws of War. '
FOE IS DiSECTLY HELPED
German Workmen Declared Released
for Service at . Front by Compul-
Bion of Belgians to Take Their
Places in 1 Industries.-
"WASHINGTON, Nov. 16. An appeal
for active intervention by the United
States to, stop the deportation of Bel
gian workmen into Germany was pre
sented to the State Department today
by E. Havenith.- the Belgian Minister.
The Belgians. Mr. Havenith said, prae
tically aro being compelled te light
against then own country, contrary to
the laws of nations and humanity.
The American government already
has interested Itself Id this situation,
and Charge Grew, of the embassy at
Berlin, has . been Instructed to discuss
it personally with Chancellor von Beth-mann-HoIlweg.
No formal representa
tions are authorized, but the charge is
.directed to point out to the Chancellor
that Germany's course cannot but have
an unfortunate effect upon neutral
opinion, particularly in the United
States, where great interest is felt in
the Belgians. ... ."
Formal Appeal Is Made
Minister Havenith submitted the fol
' lowing communication to the State De
partment: "The German Governor-General in
Belgium is forcing thousands of Bel
gian workmei who are unemployed or
without work, .to go to Germany to
work in the quarries, in manufactur
ing concrete, and in the lime kilns,
under pretext that they are a charge
upon public charity. ,
"The Belgian government protests
energetically against this coercion,
which is contrary to the law of nations
and the laws of humanity.
"The government of the King' asks
the active intervention of the Govern
ment of the United States to obtain
the cessation of this deportation of
Belgian workmen into Germany, and
to obtain the liberation of those who
have been already deported.
German Workmen Released.
"The Germans claim that these work
men are not employed in war indus
tries. It has been remarked, however,
that they are employed in industries
directly connected with the war and
that the' employment of this Belgian
labor releases a great number of Ger
man workmen who are sent to the
f roriV Thus these Belgian workmen are
compelled practically to fight against
their own country.
In making public the communication
the Minister Issued the following state
ment: "The Belgian Minister calls the at
tention to the fact that the unemploy
ment of Belgian workmen is due en
tirely to the action of the German gov
ernment, which, has requisitioned all
the supplies of raw materials and de
stroyed the industrial plants by remov
ing the machinery.
Belgian BuHlneMs Paralyzed.
"The German government has abso
lutely paralyzed all business in Belgium;
furthermore, the German government.
hioh claims to try to encourage Bel
gian industry, has imposed a war tax
of 40,000,000 francs a month (about 20
times the normal amount of Belgian
taxation), for tne past two years, upon
a country which is without business
' and which Germany herself has impov
erished by war and devastation.
"At the beginning of the war, the
German Chancellor.' Bethmann-Holl-weg,
acknowledged that Germany was
doing a great- wrong in invading Bel
gium, but in spite of this confession of
guilt, Germany is every day adding to
her crimes against this innocent and
email nation."
BEGINXIXG OF .REVOLT SEES
French. Newspapers Comment on In
quiry Made by Washington.
PARIS, Nov. 16. Secretary" of State
Lansing's instructions to Joseph C.
Grew, the American charge d'affaires
at Berlin, sent on behalf of the Belgian
government, to discuss with Dr. Von
Bethmann-Hollweg. the German Im
perial Chancellor, the question of the
deportation ' by 'Germany of Belgians
i from their native land, is regarded
here as an action of great importance.
The newspapers discuss it apprecia
tively. '
-The Temps, alluding to the incident,
says President Wilson is resolutely de
termined, to .hold to his principles un
deterred by Mexican " complications,
adding that he "intervenes without fear
of contingencies." - . -
The Paris Midi sees in the instruc
tlons. of Secretary "T-ansing the begin
ning of a revolt of neutral nations
against what it calls "the barbarous
and Illegal measures of the central
powers.''
Air. llson, says the Midi, "con
scious that he is the head of the largest
neutral nation, which is renowned
the world for Its wide humanitarian
feelings, has taken an initiative which
may possibiy awaken all the sleeping
consciences of other peoples still In
different
Young Wife Found Unconscious by
Husband After Fright From Her'
Buttle With Invaders. '.
Mrs. 3attie Harman, young wife of
Ervin E. Harman, 702 Gantenbein
street, was. attacked and robbed in her
home at 6. P. M. last night by two men
who were in the house when she re
turned from downtown. Mrs. Harman
fainted, and was found unconsefcus by
her husband, but did not revive until
several hours later, when Dr. V. B.
Hamilton restored her to consciousness.
The men were burglars, and had
ransacked the house before Mrs. Har
man arrived. One of them pointed at
her an empty revolver stolen1 Iron her
husband's room. The other rushed at
her with some canvas and threw it
over her head. Mrs. Harman. who has
just recovered from a severe illness,
fainted immediately,) and was unable
to describe her assailants.
Mr. . Harman returtfed - home from
work about 7 o'clock, and called Dr..
Hamilton. Mrs. Harman lapsed into
semi-consciousness, twice after the
physician had revived her.
Although the house had been ran
sacked, nothing was taken, apparently,
except $7, whiub. the robbers found 'in
a purse on Mrs. Herman's arm. The
men evidently had been in the house
for hours, as they had eaten a lunch,
and had emptied several trunks and
bureaus, even hunting through the
flour bin.
The police were not notified until a
late hour, when Patrolmen Reek and
Stillwell investigated. - ' '
$60,000 WILLED TO FRIEND
Late Mi Iwuukee .Merchant Rewards
.
Unwavering Devotion of Years.
MILWAUKEE, Wla., Nov. .16. Be
cause of "intimate friendship through
prosperity and adversity," as outlined
in the will, John P. Miley, Milwaukee,
will receive approximately t60,DoO rom
the estate of the late George M. Bar
rett, founder of the Barrett store
here, who died recently in Los .An
geles. The will, which was filed for probata
today, discloses how Barrett with the
aid of Miley, first as a clerk and later
as partner, built from a humble begin
ning one of the largest department
stores in Milwaukee. When Barrett
waa in failing health Miley accom
panied him west as personal attendant.
TOT HAS PARALYSIS TWICE
First Attack Cured, but Second Re
sults Fatally.
BALTIMORE, Nov. - 16. Henry
Tuerke, 20 months old, who was pro
nounced cured ' in . New York after
receiving the serum treatment for in
fantile paralysis last Summer, is dying
here .from a ' second attack. Health
Commissioner Blake says it is the first
time in his knowledge that a child
has been stricken twice.
From a story of the case Dr. Blake
has found that the child was stricken
last Summer in the left leg, while this
time the right leg and arm are
paralyzed.
CARVER TRAINS HAVE QUIT
Poor Fuel Knocks Out Schedule and
Motor Bus Is Used. '
CLACKAMAS, Or, Nov. 16. Traffic
on the Oregon City & Portland' "kail
way Company, commonly known as the
Carver line, ceased yesterday indefi
nitely. Trains have been running be
hind schedule time for a week. Trouble
was experienced in firing the engine
on account of the poor. quality of fuel
used. . . '
A special auto stage Is being" Nsent
out by the company to some of the
stations on the line, dally; to carry
students of the Milwaukie High School,
who had purchased ticket books.
KANSANS ELECT 151 WOMEN
Candidates Number 255 and 120
Are In Office Now.
TOPEKA, Kan, Nov. . 16. Of 255
women candidates for county offices
in 92 of. the 105 counties in Kansas at
the recent election, 151 were efected,
according to reports received today.
Kansas now has 126 'women holding
county offices.
. Fifty-eight : women were elected
superintendents of instruction; 36
Registrars of Deeds. 25 Clerks of Dis
trict Courts, 15 County Treasurers,
five County Clerks and two Probate
Judges. ' ,
GERMANS TO SELL 'RELICS
Deutschland. Ballast to Be Made Up
Into Souvenirs.
NEW LONDON, Nov. 16. Iron bal
last weighing 120 tons brought over
on the" German submarine merchant
man Deutschland is tq be"' converted
into "Deutschlancr Iro'n men," to be sold
as souvenirs for the'benefit of German
widows and orphans of the war, it was
said today.
The souvenirs will be a little smaller
than an American silver dollar and
they will bear, impressions in' relief
showing the Deutschland-and Captain
Koenis's signature. "' 1
Seized Steamer Is Freed. 1
LONDON. Nov. 16. The Dutch steam
er Koningin Re"?ntes has. left Zee
brugge and is proceeding westward,
according to a Reuter dispatch from
The Hague.
Submarine Leaves in
"Early'HoUrs.
$2,000,000 CARGO CARRIED
r
Tugs Tow German Craft Out
" of New London Harbor.
NEWSPAPER MEN FOLLOW
American Warship Said to Be Guard
lng Neutrality--Report That Man
- With Dynamite . Entered .
Stockade Is 'Heard. .
NEW LONDON, Conn., Nov. 1. The
Deutschland, toe -German submarine
which arrived here on November 1.
slipped out of the harbSvr at an early
hour today,. bound for Bremen. Sne
left her pocket at the state pier at
1:30 o'clock and was towed down the
harbor by two tugs.
Captain F. Hlnsch and other offi
cials of the Eastern Forwarding Com
pany were on ope of the tugs. A launc'i
filled with newspaper men followed the
submersible down the Thames River to
the modth of toe harbor. '
Two tugs, owned by the T. A. Scott
Wrecking Company', steamed up the
harbor to the pier at'l A. M. The
Scott Company is a sub-agent of the
Eastern Forwarding Company and one
of its 'tugs met the Deutsc'jland when
she arrived here.
Pannlnar Steamers Salute.
The Deutschland passed the United
States cruiser Columbia in the lower
harbor at 1:45 o'clock. Several pass
ing steamers and the Columbia turned
their searchlights on the boat and
blew. "their .whistles.
Tidal conditions were trood and the
f submarine made rapid progress.- At
times her decks were awash. At 2
o'clock she was nearly at the entrance
of 1 the harbor. One tug was leading
th'way and -the other followed at a
close distance.
Shore observers lost 'sight of the
Deutschland half an hour later. It
was impossible to determine her exact
course. She had the choice of going
thnouch Fisher's Island -Sound or she
could) sail through the Islands in the
Race, where United States forts are lo
cated. If she chose the latter route
she would pass between Block Island
and Montauk Point.
Presence of Britons Unverified.
There have been rumors from time
to time of the presence of British war
ships outside toe three-mile limit, but
these have not been verified. Captain
Koenig also said soon after his arrival
that the'German submarine U-57 would
convoy the underwater boat back to
German waters. There has been no
indication of such a vessel off the
coast.
It was generally believed here that
the Deutschland would submerge after
she passed the three-mile limit.
Shortly before midnight the great
(Conc'.uued on Pace 10. Column 2.)
OLD MAN
t
T ' f Mu.iwjiii! uliji. ii am i i . J)i si-a. i i l i iiiiji nii-i n 1 1 . l i.r i i i m m. i i mi i i, -
Cornell Professor Gives Theory on
Why Feathered Gentry Build '
Xcsts in War Zone.
PHILADELPHIA. Nov. 16. Birds
built nests in European forests while
the trees are being shelled during en
gagements, according to Dr. Arthur A
AUen, head of the department devoted
to bird study at Cornell University, who
spoke on "Bird Study and Life" at the
34th meeting of the American Ornithol
ogist's Union here todays
Dr. Allen said a dcxrtor with an am
bulance corps in. France counted 35
species of birds that had built nests in
ruins of buildings and trenches aban
doned by inhabitants and soldiers.
: Dr. Allen said he thought the fear
lessness of the birds is ' cfuo to- the
higher - temperature of their bodies.
Courage," he . declared. . "is simply a
matter "of temperature."
HUGHES GAINS IN CLARKE
Five Votes Are Added to Plurality In
! Official Count.
; VANCOUER. Wash.. Nov. 16. (Spe
cial.) The official count of the vote
cast in Clarke County at the general
election, completed today, shows that
a total of 9034 votes were -xast for
President, put of a total registration
of 10,565. Hughes had a plurality of
692, or five more votes than the unoffi
cial returns gave him. The votes of
the leading electors on the respective
ticket were as follows: Republican.
4419; Democrat. 3737; Prohibition, 201;
Socialist. 677; Socialist Labor, 10. -
No. changes on the result was noted
as a result of the official count, all
candidates on the Republican ticket
having been given majorities of from
651 to more than .3000..- .
RAIN FALLS IN ALASKA
Warm Weather Causes Washout at
Government Hallway Bridge'
SEWARD, Alaska. Nov. 16. The
warm ' weather continues. Rain has
fallen -continuously since November 10.
Ice which had formed in Twenty-Mile
River, on the United States Railroad.
65 miles north of Seward, went out be
cause '.of high water, taking 160 feet
of th-jr railroad bridge at Mile 63 Vi.
There is now no snow below an alti
tude of 1000 feet above the track, but
a heavy fall on the mountain top re
sulted In a slide a long distance down
the canyon, blocking the line at this
point. Repair-gangs with a piledrlver
were rushed out. and they will have
the, railroad open In a. few days.
STRIKE OF STUDENTS ENDS
Citizens Promise to Take Up Ques
tion of Privileges. '
FAYETTEVILLE, Ark.. Nov. 16.
Striking students of the Fayetteville
High. School returned to their desks
today on the promise of influential citi
zens to take up with school authorities
the question of privileges desired, by
rthe .pupils.
The strike had its beginning In a
prolonged demonstration over the re
election of President Wilson, which
caused the principal to suspend some
of the school privileges. v
BACCHUS GETS THE SURPRISE
ATTENDED EST RIQT
Judge Threatens to Ex
clude Republicans.
ARMED SIEGE IN PROSPECT
Democratic Election Board
Precipitates Trouble.
WOMAN OFFICIALS SCORED
Assistant .Corporation Counsel Says
They Remember That Other
Judges Were Dressed, but For
got How Vote Was Recorded.
CHICAGO. Nov. 16. (Special.)
Trouble of many varieties loomed
ahead for County Judge Scully today
as a result of his declaration that he
may hold up the proclamation of the
results of last week's election and thus
keep a small army of Republicans out
of office. The County Judge, wbo Is
the head of the election machinery, de
clared evidences of frauds uncovered In
hundreds. of precincts in the official
canvass Justify him In either throwing
out these precincts entirely or ordering
the ballot boxes" opened and the ballots
recounted. -
t Most .of the precincts which the
Democratic election board is eying
with suspicion are In- the "Republican
Second Ward, largely populated by
colored voters.
Seaaaatloaa Are Premised.
.Sensational scenes. rivaling the
armed siege of defense of the Clty'Hall
in the famous Lorlmer-Durborow con
test of years ago, were promised by
the. Republicans if Judge Scully
adheres to his plan.
Tension in the office of the board of
election commissioners where the of
ficial canvass is progressing is already
strained 'to the breaking point. Several
times riots in the big camvasslng-room.
covering nearly a quarter of a city
block, have been stopped only by the
ejection of battling watchers and coun
ters. Keeling ran even higher today
and the Republicans, led by Joseph F.
Han. county Recorder-elect on the face
of the returns, with a large array of
attorneys, redoubled their charges of
efforts to trifle with the canvass.
; Retaliation Is Threatented.
" Impeachment and expulsion from his
Judicial office, ' arrest on criminal
charges and plain legal proceedings by
means of mandamus and other writs
were some of the retaliatory measures
proposod against Judge Scully. Frank
D. Ayers. an assistant corporation coun
sel and attorney for the election com
missioners In former years, in addition
to telling what retaliatory measure
would be started against Judge Scully
if necessary, also criticised women In
politics In a way no other public offi
cial dared since suffrage was granted
them in Illinois.
"The plan to show" consideration to
. Cenrluded on Fin a. Column .)
OP HIS. LIFE.
II cad of Spalding Operations Leaves
Widow and Nine. Children; Act
ive in Civic Affairs.
NEWBERG, Or.. Nov. 16. (Special.)
Glen O. Dassett. manager of the
Spaulding Logging Company, was killed
tonight when a log slipped from a car.
near which he was standing, struck
him and broke his back. He died
within a few minutes.
Mr. Dassett was superintending the
unloading of several cars of logs at
tho Spauldlng mill about 5 o'clock and
was .standing near one of the cars
when a log came down the runway
sooner than he expected andho was
unable to dodge it. His back was
broken In two places and one ankle
fractured. Raising his head a moment,
he said. "I'm killed." and died.
Mr. Dassett was about 50 years old
and had managed, the properties of the
Spaulding company here for the past
five years. He is survived by his wid
ow and nine children. He was active
during his entire residence here In all
civic affairs and was a member of the
board of trade of the Newberg Com
mercial Club. He took a prominent part
in the meetings of the club and was
also an active member of the Christian
Church. He was a Mason, a member of
the Order of the Eastern Star and of
the Woodmen of tho World, all of
which orders probably will participate
in the funeral services.
An inquest was held tonight by Coro
ner Tilbury, of MeMinnvllle.
DEAD, MAN SITS SENTINEL
Hundreds Fail for Hours to Notice
Occupant of Car Is Lifeless.
CHICAGO. Nov. 16. While hundreds
of persons passed in a crowded street
today. Charles Lichtenberger. 61 years
old. sat bolt upright for four hours
dead in'his automobile.
A lelteVcarrier finally noticed the
peculiar position of the body and in
vestigation showed Mr. Lichtenberger
had been dead four hours. He ap
parently had driven up to the curb and
bad .Just stopped his machine when
overcome by heart disease.
SHOE -PRICES AKE STEADY
Tanners' Expect No Iliae Unless For
eign Demand Grows.
CHICAGO. NoVj 16 Five hundred
membefs of the National Association of
Tanners, in annual conventioa here to
day, said there would be no advance in
the price of shoe leather unless the
nations at war make too big a demand
on the surplus stock now m the hands
of tanners and shoe manufacturers.
Hides and skins, however, were de
clared to be scarce.
INDEX OF. TODAY'S NEWS
The WViihfr.
TESTER DAY'S Maximum Temperature, &1
drgrfi-A; minimum, 37 deftreea.
TODAVS Fair: alight temperature chances,
easterly winda.
War.
British chaplain with fewr men captures 400
Germans, .page 4.
Serbians near Monastlr. Page 4,
National.
Arrsnxements mrtde. to hasten test of Adam
son law. Face 10.
American dMmtn to reslum as Wilson's
present t-tu expires. Page 2.
Belgium asks active Intervention of United
State asalnst deportations. Pace X.
Ioui r.tlc.
Hlt-th temperaiure makes birds brave
Pace 1.
Roosevelt raps "cubist patriots. Pace 2.
Democrat admits defeat for Congress from
West. Virginia. Page 2.
Chicago bankers lend $5,000,000 to China.
Page 5.
Canvass of votes In Chicago develop riot.
Pag 1.
Deutsc aland pmnm return voyage. Page 1.
Educator Weolares buslm-ss men expect too
much of universities. Pag X
Navy Department opens fight for oil sup
plies In California. Pa ft
Sport.
Dirio Rt-.ua a Ins Vanderbllt Cup race.
Page Iti.
Cal Ktvlnic'a fight srnlnst National Commis
sion timely. Page 17.
James John and Frank lln Hlirh elevens to
play today in Franklin bowl. Pag It.
Multnomah and Seattle Cluba patch up Clf
ferences. Page lu.
Pacific North went.
Tiom; bikers deny that bread trust exists.
Page 1.
Glen O. Dassett, manager of Spalding; Log
ging Comuatiy, killed. Page 1.
Southern Pacific denlea favoritism. Page .
Jury frees lads accused of murder. Page 8.
Roads Co Hirers meets at Centralis, page 6.
Fuirewell receptlrn tendered to Kev II. S.
Templcton and wife. Page 11.
Coraraerrlal and Marine,
Oats rtrongest cereal in Northwestern mar
ket. Page VI.
Denial of em harico report comes too lat to
affect Chlraifu wheat pricey Page 21.
Atlantic frlht rts going; up Instead of
Oov n. PetgU 1 8.
. IVrtlund and Vicinity.
Judge uphoW- Jitney regulation In test case
-a hen r7 drivers are arrested. Page 1.
Orphan tota sing at meeting of ChristI
Horn fund workers. Page 2'2.
Question of death raised In administration
of estste of Mrs. Km ma lorentxen. Page 8.
Plan for tunne. to rich Tualatin Valley is
N review d. Page 13.
Unions rrfue to work
Sc hpo I. Pa ge. is.
on Benson Trad
Jitneys are regulated . in several PaclHo
Const cities. Page 11.
Horrors of var and plaga described by Dr.
Sargen'.lch. tage
Tilts are frequent In Alexander hearing
Pke 4.
Transcontinental freight rate rise to be ab
aorbed by shippers. Page 8.
Statewide auto association launched by elec
tion of directorate. Pago 15,
Liquor imports heavy since "bone dry" law
passed. Page 15.
C T. Hawley a up ire a to presidency of State
. Senate. Pago If.
Dr. Ptansfleld flls progressive Club mem
. bers to rv member higher things of life.
Page 8.
Burglirs attack woman. Pag 1.
"Hobson's Choice" at Heiltg brims with
comedy. Page 4.
New County Horpltal. prohabv will be pro
vided fur In budget. I'age 3.
Mrs. M. M. To Mas says she tried to atop
grandmother from favoring her In a ill.
Page 10.
Baseball . Players Fraternity expect open
. waifare. Page 17.
Weather it port, data and forecast. Pase SI.
57. Drivers Arrested in
Test of Law.
ONE FINED; CASE APPEALED
All Others Are Continued and
Truce With City Arranged.
TAXI RATE WAR TO BEGIN
XewOrdinance Requiring I'raiichiso
Attacked as Illegal, and Conten
tion Made That Permits to
"December 31 Are Valid.
The Tight of the City Council to
regnlate Jitueys by franchise was
sustained yesterday afternoon by Mu
nicipal Judge Arthur Lanpguth at the
conclusion of a test case In which Wil
hert R. Funk. Jitney driver on the
Broadway route, was found guilty of
operating without a franchise." The
charges against 56 other defendants ar
rested by tho police yesterday morn
ing were continued Indefinitely, pend
ing the Inal settlement of the Funk
appeal, which was taken at once.
According to President A. A. Thielke.
of the Jitney Drivers' Union, a truce
is now on thaf will assure the observ
ance of the franchise ordinance by the
Jltneurs. but will be enlivened by a
rut-rato attack upon the taxicab com
panies. Arrests In Steady Stream.
True to their determination to fight
tho mandate of tho Council, the Jlt
neurs began operations upon their
routes as usual yesterday morning, and
tho police acted without delay. - From
7 till 10 o'clock In the morning a con
stant procession of Jitney drivers ar
rived at the police station and were
booked by the arresting officers on the
charge of operating without a fran
chise. As the Jitneys rolled down their
routes they were halted by patrolmen,
the passengers disembarked, and the
drivers were placed under arrest. By
10 o'clockthe arrests totalled 57. and
the stream ceased. -
Tho first arrest was that of Louis
Loveton. at First and Sheridan streets,
ahd the second that of Wllbert It. Funk,
defendant in the test 'case, who was
arrested at Broadway and Burnsido
street by Patrolman Schulpius.
Crowd Gather, mt Court.
The corridors and courtroom were
soon crowded by Jltneurs. their sym
pathizers and large numbers of curious
onlookers. A conference between At
torneys Arthur I. Moulton and J. Alli
son Moulton. attorneys for the Jitney
union, and Deputy City Attorneys Stad
ter and Myers developed an agreement
to postpone the trial of the cases until
2 o'clock in the afternoon, with the
understanding that one defendant waa
to appear In a test case, temporarily
answering for all.
President Thielke. of the Jitney Driv
ers' TL'nlon. accepted the proffer of the
prosecution, and a truce was arranged
wherein the Jltneurs were pledged to
refrain from violating the franchise or
dinance until the case is finally deter
mined. It was mutually agreed that
the case should be expedited on appeal,
and. if adverse Judgment to the Jitney
drivers Is rendered by the Circuit Court,
that the controversy be carried to the
Supreme Court. In the meantime the
executive board of the union went Into
session and ratified this arrangement.
Tret Cane la Brcoa.
In opening for the defense, at -2
o'clock in the afternoon, with every
seat and standing place of the Muni
cipal Court occupied by Interested spec
tators. Attorney Arthur Moulton en
tered a plea of not guilty in the test
case against Wllbert It. Funk.
The complaint against Funk, charg
ing that he had "transported passen
gers, for hire, over a definite and
fixed route, to wit. the Broadway
route." in violation of the ffanchlse .
ordinance which set the time limit of
November 13. waa recited by Attorney
Moulton. who confined his defense to
two main points: j
First, that tho license granted to
Funk In October, to operate until 'De
cember 31. has never been specifically
revoked, and that the passage of the
franchise ordinance does in noe way
invalidate the license then issued.
Second, that the charter does not
give the City Council authority to pro
hibit the use of the public streets by
the Jitneys, but merely confers tho
right to regulate and, prevent obstruc
tions of traffic " "
"The license issued to Mr. Funk
about the first of October, good until
January 1. was Issued under an ordi
nance which has never been repealed."
declared Attorney Moulton. maintain
ing that nothing in the franchise ordi
nance could be construed as revoking
the license.
License Held Still Valid.
While granting that the City Council
possessed power to revoke the licens
ing ordinance, known as the "motor
bus ordinance." Attorney-Moulton reit
erated his contention that such action
had not been taken and that the pass
age of the franchise ordinance "re
pealed It only by Implication."
"An ordinance revoking his license
must be passed and, the balance of li
cense money returned." declared At
torney Moulton. "Until such time the
license Is good and in effect. This man
lConcluUcl oa I'mk 11. Column 1.J