THE MOKXIXG- OKEGONIAN, WEDNESDAY, 3IAY. 23, 1917.
CUBBY MUST VOTE
County Ordered by Supreme
Court to Hold Election.
BEAN BILL PUT OFF BALLOT
eep these laboratories tilled, and in
so doing- keep the churches filled, too.
Dr. w. W. Younernon, district superin
tendent, introduced the distinguished
isitor.
Dr. Brummltt was a Kuest of Dr.
Youngson and Robert 1 1. Hughes on an
automobile ride out the Columbia River
Highway yesterday afternoon. He ex -
ressed great admiration of the mag
iflcence of the scenery. Today he will
be entertained at a luncheon in the
Multnomah Hotel, with the Men's Meth
odist Social Union as hosts. I. C.
unnlnrham will preside and Robert
H. Hughes will be chairman.
The editor of the Epworth Herald is
graduate of Baker University of
Baldwin, Kan., and of Drew Theological
Concurrence in Amendment by 2 8
Votes Held Not Valid Passage
of Measure by House; Other
Appeals Are Uccitled.
SALEM, Or., May tl. (Special.) The
Beau Oregon & California, land grant
bill will not be on the ballot at the
special election June 4, and Curry
County must hold the election along
with the rest of the counties of the
frtate, the Supreme Court decided to
day. Opinions in each case were given
verbally from the bench this morning.
Vhile the decision in the Bean bill
case applies only to Marion County
and enjoins County Clerk Boyer, of
that county, from placing the bill on
the ballot, Secretary Olcott, on advice
of the Attorney-Oeneral, wired to all
County Clerks of the state, following
the decision, instructing them to omit
the bill from the ballot.
That bill, during the last Legislature,
passed the House, was amended in the
Senate with the clause referring it to
the people tacked on, and was sent
back to the House for concurrence in
the Senate amendment. The amend
mcnt was concurred in, but only by 28
votes, and the Supreme Court holds
that the constitutional majority of 31
votes is required. Under the bill the
sovereign right of the state of Oregon
to tax the lands embraced in the Dill
was declared and the Assessors of the
various counties were directed to place
the lands on the tax rolls in the vari
ous counties.
In the Curry County case writ of
mandamus was allowed, ordering the
officials of that county to proceed with
the election in June, along with the
other counties of the state. All con
tentions of the defendants' attorneys
were overruled by the court.
Other opinions today were:
.T. C. Windsor, appellant, vs. Edward Hoi
loway et al.. appeal from Multnomah County;
appeal from an order of the Circuit Court
st-Hyins proceedings until the cost of an
other suit be paid; appeal dismissed in
opinion by Chief Justice McBride.
Thomas Morgan vs. James Johns, appel
lant; appeal from Union County; action
charging diversion of stock in Union County
Karm Company. Circuit Judge Knowlea re
versed in opinion by Justice Burnett.
Enterprise Mercantile & Milling Company
vs. I. M. Cunningham, appellant; appeal
from Wallowa County: action in replevin;
Circuit Judge Knowlea reversed in opinion
by Justice Benson..
Jesse D. Toney vs. Alta E. Toney, ap
pellant; appeal from Baker County; suit to
fit aside deed; Circuit Judge Anderson ar
firmed in opinion by Justice McCamant.
State of Oregon, ex rel. Oregon Bar Asso-
elation versus William J. Pendergast, dis
barment proceedings: demurrer sustained in
opinion by Chief Justice McBride, and re
lator given 30 days In which to file an
amended complaint.
State of Oregon versus Adolph. Newlln. ap
pellant, appeal from Union County; criminal
action on charge of selling intoxicating
liquor in violation of 191! statute; Circuit
Judge Knowlea affirmed in opinion by Jus
tice Benson.
C. . Monroe, et al., versus James Withy-
combe, et al.. as State Fish and Game Com
mission, appellants; appeal from Clatsop
County; suit to prevent K. S. Farrell from
constructing pound net fish traps In the
Columbia River; Circuit Judge Elkins' opin
ion modified In opinion by Justice Harris.
MUITNOMAH BALLOTS PRINTED
Elimination, of Bean Bill Causes Con-
fusion, Says County Clerk.
Considerable confusion may result In
Multnomah County at the special state
election June 4 because of the fact that
both the sample and official ballots
were printed before announcement was
made yesterday by the Supreme Court
that the Bean bill relative to the Ore
eron-"Washington land grant must not
be placed on the ballot.
County Clerk Beveridge said yester
day that the decision of the Supreme
Court had been made too late to change
the ballots In this county, and he has
not yet determined what, shall be done
to avoid confusion. He said, however,
that either the voters in general would
be asked not to mark that item on the
ballot or else instructions will be given
the election officials to scratch the
Bean measure from the ballot. In
either event it is believed that con
fusion may result.
Because of the short time interven
lng before election day, Mr. Beveridge
said it would be impossible to have the
ballots put through the press again to
have the Bean measure obliterated. The
voters and election officials of -Mult
nomah County must exercise the best
possible care with reference to this one
measure, which the Supreme Court has
ruled from the ballot, Mr. Beveridge
eaid. '
BELOIT GETS' BRAN TJ 0 N
RETIRING PRESIDENT OF IDAHO
GOES EAST JILY 1.
THE ALI,ES YOUTH APPOINT
ED TO ANNAPOLIS.
John W. Brewer, Jr.
THE DALLES, Or May 22.
(Special.) John W. Brewer, Jr.,
received the notification of his
appointment by Congressman N.
J. Sinnott to vacancy of princi
pal midshipman at Annapolis.
Mr. Brewer was the successful
candidate out of 14 who took the
examination in Eastern Oregon.
He will take his final examina
tion June 27.
John W. Brewer. Jr., is the 17-year-old
son of J. W. Brewer,
secretary of The Dalles Chamber
of Commerce, and Is a senior in
The Dalles High School, from
which he will graduate in June.
He took his junior course in the
Jefferson High School of Port
land last year. He stands high
in his class and studies.
Seminary, Madison. N. J. He has held
meetings in Ashland and Albany re
cently, and will go next to the Sound
cities.
DESIRED CHANCE COMES
Decree Given Husband of Wife Who
Longed to Marry Man With Money,
Because he was not a man of great
wealth, John Berreth was being con
tinually "nagged" by his wife, who
told him repeatedly that she longed to
marry a man with money. -Mrs. Ber
reth was given her opportunity to look
for a husband with money when Pre
siding Judge Kavanaugh yesterday
granted a divorce to the husband. His
charges of cruelty were not contested.
They were married in Portland in 1907.
Lillian and Charles J. Ryan appar
ently were not well mated. After
few years of married life their ways
oecame divergent. Charles departed
for parts unknown. Lillian sued for
divorce on grounds of desertion and
her decree was awarded yesterday by
Presiding Judge Kavanaugh.
POSTMEN NOT TO CONVENE
Need of Greater Efficiency During
War Causes Postponement.
No Presidential Postmasters' conven
tion will be held Jn Portland this Sum
mer as of yore. The convention,
scheduled for June, was called off yes
teraay by president F. S. Myers, post,
master of Portland.
It was announced by President Myers
tnat tne action was deemed necessarv
by reason of the exacting and constant
duties required by the Government of
postmasters during the tenure of the
war, and a corresponding wish on the
part of the postmasters to contribute in
every way to the efficiency of the de
partment during the period of stress
when an even higher standard must be
maintained.
By Unanimous Vote of Trustees
"Wisconsin College, Former North
Dakota Educator Elected.
BOISE, Idaho, May 22. Dr. Melvin A.
Brannon. retiring president of the Uni
versity of Idaho, received word Tues
day night of his election to the presi
dency of Beloit College by unanimous
vote of the trustees. He will assume
his new duties immediately after July
1, when his resignation here becomes
effective.
Dr. Brannon was called to the Uni
versity of Idaho from the deanship of
the College of Liberal Arts, in North
Dakota University in 1914. Last Feb
ruary, because of inharmonious rela
tionships with the State Board of Edu
cation and because charges of political
activity had been made against him, he
proffered his resignation.
Dr. Brannon was graduated from
Wabash College in 1889. He received
the M. A. degree from his alma mater the
next year and in 1912 obtained the
degree of Ph. D. from the University
of Chicago. He spent four years on
the faculty of the Fort Wayne, Ind.,
High School, going to North Dakota
in 1894.
FARM HELP NOT SCARCE
Labor Situation In Yamhill County
Held Not Critical.
M MINNvILLE, Or., May 23. (Spe
cial.) The farm labor situation in
Yamhill County, according to card
turned into the office of County Agent
M. S. Shrock on Food Defense day, does
not snow any real crisis.
-comparatively few farmers are
neeaing neip ai tne present time, says
Mr. ssnrock. one or two men came u
to my office in search of work and
hurriedly looked over the cards but
could find only a few calls for work
ers. As far as I can ascertain there is
no scarcity of farm hands at thi
time.
EPWORTH EDITOR HERE
Xicague Members of Portland Greet
Visitor.
A rousing Epworth League rally, held
last night in the First Methodist
Church, was addressed by Dr. Dan B.
jurummitt. editor of the Epworth Her
aid, the official organ of the league
for the United States. Dr. Brummitt'a
home is in Chicago, but he is making
tne i,oai inp to visit various dis
tricts and to inspire interest in the
work.
"The Epworth Leagues are the labo
ratories of the churches." said Dr.
Brummitt. He advised the churches to
Photographs on Exhibit.
The Oregon Camera Club's Sprin
exnimtion or pnotographs is now on
display in tne reception-room of the
club, fifth floor Elks buildinsr. Th
collection numbering 73 prints includes
variety of subjects, many of which
were taken on the recent club outings.
The exhibition will remain for the
week, after which it will be sent to
Boston, Mass., and from there to De
troit, Mich., arrangements having bee
made for an exchange with the Camera
clubs of those cities. The public is
cordially invited to visit the club
rooms and view the exhibit on Fri
day and Saturday evenings. May 25
and 26, from 7 to 10 o'clock.
Ill -. ' t
The most extravagant clothes
buyer is the man who
pays too little
Some men. think that a cheap suit means
economy; it doesn't it means the biggest
kind of extravagance.
Unless your clothes are made from the best
all-wool fabrics, unless the workmanship is
high grade, unless the inside materials are of
high quality, your suit will lose its shape and
fit; it won't wear. "Cheap" clothes can't
afford these quality items so essential to
service.
The Most Economical Clothes Made Are
Hart Schaffner & Marx Clothes
They're made from the finest materials, in
the right way; these clothes are best in style,
fit and service. They cost a little bit more '
$20 and up, but they're worth a great deal
more. Quality is the only thing that pays;
Hart Schaffner & Marx clothes carry more of
it than any other clothes and are priced lower
s considering what is in them.
Have Us Show You Real Economy
Sam'l Rosenblatt & Co.
Ooprrltht Esrt Schaffner ft Man
The Men's Store for
Quality and Service
Southeast Corner
Fifth and Alder
BIG TRACT GIVEN UP
State Relinquishes Title to
74,000 Acres Near Bend.
BOARD ACTION UNANIMOUS
tral Oregon Irrigation Company, may
be heard on the question of wnether
there should be an extension of time
granted on the contract covering that
list, which includes 77,000 acres origin
ally developed near Bend. The irriga
tion company has asked for speedy ac
tion in granting the extension. The
settlers on the land are now in the
process of forming an irrigation dis
trict and the board is desirous of hear-
ing from the settlers what effect the
extension may have on their plans for
such a. district.
Resolution of Desert Land Board
to Be Modified to Make Stronger
Plea That Benliam Falls
Land Be Held Intact.
SALEM, Or., May 22. (Special.)
The Desert Land Board today unani
mously passed the resolution of State
Engineer Lewis, under which the state
relinquishes all of its right, title and
interest to the 74,000-acre Benham
Falls project near Bend. The project
a portion of the Central Oregon Ir
rigation Company plan. The resolu
tion will be slightly modified to make
stronger a recommendation that the
land remain intact to be used In tne
future as an irriga'ion project.
Numerous citizens of Bend have
urged that the land in question be
thrown open to homestead entry for
dry farming purposes. It became ap
parent some time ago that the project
would not be developed by the Central
Oregon Irrigation Company. An ex
tension of time had been asked on tne
project covering the contract between
the state and the Government, but tne
proper showing for such extension
was not made and as a result tne state
defaulted. But, simultaneously with
the meeting to pass on the resolution
today, a communication was received
from Clay Tallman, commissioner of
the General Land Office, granting the
board an extension of 30 days' time in
which to make such showing.
No Showing Will 'Be Made.
Under the resolution, however, no
showing will be necessary, as the
board's action places it In much the
same position as when it defaulted on
making the 6howing, although the rec
ommendation is added relative to hold
ing the project intact for future Irri
gation development.
Much contention nas arisen, oeiween
settlers in Central Oregon as to the
feasibility of throwing the project open
to homestead entry for dry farming.
Considerable testimony was given to
the effect that settlers would starve
in an effort to dry farm the lands.
while on the other hand considerable
testimony was received to the effect
that It would be a generally beneficial
move to throw the land open to home
stead entry.
Land May Be Opened.
Now the question of whether the land
is so thrown open, or whether it will
be kept intact for irrigation purposes
is entirely up to the Department of
the Interior. An application faas been
made to that department that the land
be thrown open, but the department
has refused to act on it pending a set-
tlment of the question as to whether
the Desert Land Board of Oregon de
sires an extension of time in its effort
to develop it under the Carey act. In
the Lewis resolution passed today,
however, the Desert Land Board ad
mits flatly that there seems to be no
feasible manner in which the project
can be developed under the Carey act
and that if the land ever rs irrigated
it must be under some other plan.
The board also set a date two weeks
hence for a meeting when settlers on
Segregation List No. 6 under the Cen-
SEASIDE SUIT ON TRIAL
City Seeks to Recover Money Paid for
Sewer System.
'ASTOR.TA, Or., May 22. (Special.)
The case of the city of Seaside against
the James Kennedy Construction Com
pany and the Aetna Accident & Liabil
ity Company is set for trial before a
jury in the Circuit Court tomorrow
morning. The action was brought to
recover $7967.58, the amount paid the
construction company for building the
Third-street sewer system at Seaside.
The complaint avers that the sewers
were not properly laid in accordance
with the provisions of the specifica
tions and as a result all the pipes must
be laid over again.
The defendant avers that the work
was done according to the plans and
specifications, but the latter were
faulty and not suitable to the condi
tions encountered at the beach.
Albany to Hold Even Vagrants.
ALBANY, Or.. May 22. (Special.)-
Style and Comfort
FOR many years thousands have
found foot comfort in Mayer
Martha Washington Shoes.
The Martha Washington line has
now been enlarged so as to give
you your choice of all the newest
and most up-to-date designs,
combining style and beauty
with the same Martha
Washington quality and
comfort you have learned
to depend on.
A right-wp-to-th
minute Martha
Washington model.
s .,.., r,
But be sure to look for the Mayer Trade
Mark and the name Martha "Washing
ton on the sole there are many imita
tions ot these famous shoes.
If your dealer does not
handle Martha
Washington
Shoes, write us.
Lin
The great Comfort Shoe that has been
o widely imitated made only by
F. Mayer Boot & Shoe Co.
M Milwaukee Wisconsin
n
6
A Martha
Washington
high-ent of the
latest type.
For Sale in Portland by
Eggert Young Co., Mauris Christensen,
129 Third St. 783 Mississippi are.
Baron's Shoe Store, Bonham & Currier,
232 Morrison St. St. John.
E. Kunkle, Russell St.
Albany officials will do their part to
see that the floating population eligi
ble to conscription is registered. Any
vagrant between the ages of 21 and 30
years who is picked up in Albany from
this time until June 5 will be held here
until registration day and then caused
to register properly.
ST A
Washington at Park
Your last chance today
MARY MILES MINTER
At her best in "Annie for Spite"
Also the funniest comedy made by
CHARLIE CHAPLIN
He's simply a
nut fit X11C UlC
11 A. M. to 11 P. M.
EE a w ivn M- r J
Cigarette
to
THE slice of toast that is made on your modern gas range is
pretty good. But do you remember when they made it over the
coals of the kitchen stove, with a long toasting fork? Browned just
right, crisp, and buttered hot. Those were the days.
We've gone right back to this fine, simple old idea to make
Lucky Strike, the real Burley cigarette. Yes, sir ! The tobacco
it's toasted.
We made this discovery after five years of experiment. Before
this you couldn't have a ready-made Burley cigarette; flavor wouldn't
hold. And you certainly wanted it; look at the sixty million pounds
of Burley you poured out of those green, red and blue tin boxes
last year. "Blame good tobacco!"
So now go to it; Lucky Strike Cigarettes; delicious, toasted Burley.
It's a new flavor you'll enjoy the idea of the buttered toast.
How to open the package,!
Tsar mft part ml th t "!- as
Cifwam is
fwpsr psck-
gaf 2. srs
anted saors
hsssUy this
way.ssd keep
better. hu
likoy to ipul
v ui your
pockst
20
for
lOc
If ytw 4eJer does i it carry
the, send $lfsrurtMtf
K) psckses.Tetacc C. f
UllforaU.ISft.Prk,Si
r n dsco. GaL
Our men will demonstrat
to you how the tobacco ia
toasted at many stores
QHsjWjlit my The isisrlssn Teoaeos
ltrr
JCKT