THE aiORXDTO OREGOXIAy, SATURDAY, FEBRUARY 9, 1918. '
c
-WAR CABINET BILL
SENATE
FOUGHT
Thomas Says Measure Would
Strip President of Con
stitutional Power.
SECRETARY BAKER PRAISED
Vlra Made for Speeding Vp of Ship
building Commandeering of
Yard. Conscripting of
Labor Suggested.
WASHINGTON. Feb. . Except for
mora Senate discussion, led by Senator
Tbomu, a Democrat ( the military
commltiH. who praised the Army's
accomplishments, defended - Secretary
Maker and opposed the war cabinet
bill, there were no moves today la the
' controversy over war efficiency and
organisation.
By common consent further action
was postponed until next week. Both
, the Senate and the military committee
adjourned until Monday.
Tomorrow the conference of Repub
lican Senators will be held. Republi
can Leader Oallinger today denied that
. solid party action upon pending legis
lation Is planned.
Senator Thomas renewed debate In
the Senate. While there has been evi
'. deace of some Inefficiency la the War
- J "e part men I. he said, he was surprised
there had not been more, since the
I'ntted Stales was wholly unprepared
( for war.
Baker's Teeftaaoajy Praised.
Secretary Baker's testimony before
the military committee was character
, Ised by Senator Thomas, as a story
replete with accomplishments.
. Senator Thomas estimated that be
tweea and per cent of the recently
organised Uovernment bureaus were
'supernumerary. with employes doing
practically nothing, but It was the fault
of the system of Government, be de
dared, and he did not place the blame
en any official.
The war cabinet could only add
other link to thechaln that binds us.'
be said. It would take from the Preel
dent, be contended, his powers under
the constitution as rommandcr-ln-chlef
of the Armv and Nary.
Senator Thomas concluded with
plea for greater shipbuilding activity
lie attacked labor for refusing to work
full time and coutlnuaily demanding
bigber wages.
committee In charge. The committee
comprises Mayor Baker, Hopkln Jen
kins. W. K. Woodward. T. B. Neuhausen.
City Attorney LaRoche, Dr. J. Francis
Drake. Dr. E. A. Sommer, W. F. Greer
and Viola Ortschlld.
Of the total of ID. 04 raised at the
patriotic performances held last Sum
mer at the public Auditorium 11000
has been cabled to Colonel May. In
charge of Oregon troops. Another $100
haa been sent to Chaplain Gilbert, of
the Oregon regiment; another 1100 to
Colonel Ellis, of tbs Coast Artillery;
flee to Chaplain Mathews, of the
Coast Artillery, and (4000 to the Ore
gon boys In the Navy and Marine
Corse. The remaining 15000 In the
fond has been held in reserve In Port
land for use in extraordinary cases.
Plans are being made now for
augmenting the fund. The first bene
fit for this purpose will be held at the
public Auditorium on Washington's
birthday, when Miss Virginia Drake
will present her Indian legends and a
concert programme under the direction
of Senor Corrucclnl. This entertainment
Is being promoted by Mrs. Percy W.
Lewis, and all proceeds- will go to the
emergency tune.
ORPHEUM GIVES UP DATE
GATENS
LENIENT. IS
COLLIER'S CHARGE
Judge Is Held Ternperamen-
tally Hostile to Criminal
Prosecutions.
HARRY LAI DER TO BE AT BEILIO
WEOSEID.tr.
Beeervstleas Be Changed to Monday
r Tuesday for This Week
Shew "Cracker Jack."
The Orpheum has relinquished the
use of next Wednesday at the Helllg
Theater on account of the engagement
of Harry Lauder. This necessitates
closing of the new Orpheum show next
Tueeday night and no Orpheum matinee
or night show will be staged at the
Heillg next Wednesday.
Arrangements have been made by the
Orpheum management to transfer the
Wednesday reservations of season
ticket holders this week to the per
formances of Monday or Tuesday. After
wore feeseaaadcertae; Forecast.
I think It has almost become neces
sary for the Oovernment to comman
deer every shipyard, conscript every
employe and lay a heavy hand on Idlers
when workmen are so badly needed,
be declared.
During the discussion Senator Cham
berlaln. chairman of the military com
mute,, replied to criticism from Sena
tor Lewis. Democratic whip, regarding
the eommrttM s examination of Mr.
Baker. The latter suggested that the
Secretary should have been called be
fore the committee at first Instead of
after wttnemes bad presented attacks.
Senator Chamberlain said the com
mittee's procedure followed the ex
press request of the 5ecretary.
The military committee met today
but did not attempt to consider the
war cabinet measure, nor continue Its
wsr Inquiry.
Bota matters were postponed until
text week, when Secretary Kaker Is
expected to present Information re-
-garding available Army transport ton
.aage and also return for cross-exam-
. llWIWSi
The committee plana to close Its war
Inquiry wttb Investigation of canton
r ment site selections and construction
contracts.
la considering the Administration bill
proposing to truest the President with
powers to co-ordinate and reorganise
the Government machinery. Senator
Overman, Its sponsor, said today that
be did not contemplate hasty action.
' It would be taken up by the Judiciary
committee next Monday, be said, and
bo subject to usual committee proced
ure. Its Introduction baa so changed the
situation that some Senators prepar
ing addresses lo be delivered nevt week
against the war cabinet and muni
tions director bills may abandon them.
FUND NOW DISTRIBUTED
lloufv Halted in Portland Now
Hands) of Agem.
In
Money raised In Portland for the
Dregoa soldiers and sailors emergency
fund Is now In the hands of authori
ties for disbursement where It will do
the most good. Placing of the money
baa been supervised by the executive
zf 1 1 1 M I f ft I H 11 1 1 1 1 1 1 1 1 II 1 1 1 1 1 l 1 1 1 H H 1 1 1 1 1 1 K
One of the most orig
inal, practical and help
ful arrangements to the
advantage of the home
builder is that which
applies particularly to
the beautiful home dis
trict of
IwhaTLorel
-THE LADD
THRIFT WAY"
We invite inquiries con
cerning it and Ea5T
MORELANO. Ladd Estate
Company
Stark at
Second
'mi linn iMiiMiiiiiiiiiiiiiiniM nun ii
i 'My
L.-.rw'v
ATTORNEY FILES AFFIDAVIT
Judge KavaDaugh Refuses to Re
assign Case Accused Jurist Re
sponds, Deprecating Too Much
Zeal to Win Convictions.
f t- : jffipi
this week the Orpheum will resume Its
three-night and four-matlnee schedule
nd an occaslnnsl W eilnesday-nlght
show will be staged as heretofore.
The Orpheum show to open at the
Ifeilig tomorrow afternoon Is another
of the four-star type and It was lauded
In Seattle as being a "erackerJack.'
The Joint headliners are the old favor'
Ilea. Will M. Creeey and Blanche Dayne.
In Mr. Cressys classic country-town
newspaper playlet. The V yomln
Whoop." and Paal Morton, of the Fou
Mortons, and Naomi Glass In their mu
slral satire entitled "lll-l60." The
other features are the Zlegler Sisters,
with their Kentucky five, a vivacious
Jax band, and Al Shayne, "the sing
Ing beauty, assisted by Joe Sully.
ROAD WORK PROJECTED
COl .tTV BOARD Al THORIKKS
rKiDiTi RE or sari, oos.
KX
Kteade, for Malateaaace Only. Are
Be Distributed Assess Six
Districts of Romany.
Further Indications ftiat road work
n Multnomah County will not be bam
pered this Spring (because of the con-
roversy which bas arisen between
Roadmaster Yeon and Chairman Hoi
man. of the County Board, were given
esterday when the board adopted
resolution authorising the expenditure
of lS.vw In the six road districts of
the county. This money is to be spent
la maintenance) and Is distributed about
equally among the different districts.
Mr. Holman won a point in bis con-
rovsrsv yesterday when Commissioner
Muck agreed to eliminate an Item of
S3S00 for the employment of motor
cycle pstrolmen under the direction of
the Roadmaster. Mr. Muck heretofore
as Insisted that the Roadmaster have
i reel supervision, but yesterday bo ca
pitulated and agreed to submit to the
recommendations of Chairman liolman.
Chairman Holman said yesterday that
hs was msklng a thorough examination
of the road programme submitted two
weeks ago by Koadmasier Yeon. avid
within a short time would be ready to
approve a considerable amount of the
work projected by the road depart
ment.
FARE ORDER IS FOUGHT
COMMISSIONER BITHTIX WAMS
a-TEST EDICT RESCINDED.
..ttorwey-Ceaeral Asked to Another
Oslalea la Street ear Battle, bat
May Set Faralsr It.
SALEM. Or- Feb. I. (Special.)
Pu bile service Commissioner Buchtel
has ssked Attorney-General Brown for
an additional opinion as to the com
mission's Jurisdiction in the matter of
the S-cent fare for the Portland Rail
way. Light Tower Company. Whether
the Attorney-General will furnish such
an opinion Is somewhat In doubt. At
torneys here today cited cases In which
Attorney-Oenerala have been severely
censured by the courts for Issuing
opinions on questions which were n
process of litigation by the courts, and
it Is stated that Mr. Brown may pay
some attention to these precedents.
Ths question raised Is on the enact
ment of the Portland charter In 1913.
when full power was given to the coun
cil of that city to regulate public nullities.
Commissioner Buchtel takes the
stand that If the city's contsntloa Is
correct be wishes to know It now, and
he will ssk the commission to Imme
diately rescind the ecrnt fare order.
Thone your want ads to The Orego
niaa. Mala ;. A 0a
Asserting. In a signed statement to
Presiding Judge Kavanaugh. that Cir
cuit Judge Catena is "temperamentally
hostile to criminal prosecutions and on
frequent occasions has expressed him
self to fiat effect," Chief Deputy Dis
trict Attorney Coilier yesterday sought
to have the case against Sol J. Cohen,
charged with a statutory offense, re
assigned to another department of the
court.
The widening of the breach between
Judge Gatens and the District At'
torney s office started in the morning
In Judge Kavanaugh courtroom. Col
lier at first refused to proceed with the
trial of the Cohen case and immediately
filed his affidavit vwith Judge Kava
naugh. i
In declining to Interfere, Judge Kava
naugh held that the court may re-as
sign cases if it is shown that there is
bias or prejudice on the part of the
court In amy specific case. In view of
the fact that Collier's, objections set
forth that he disliked to try any
criminal case before Judge Gatens,
Judge Kavanaugh held that he could
not Interfere or show any partiality as
between Judges.
Trial of Case Proceeds.
The trial then proceeded and the Jury
was selected late in the afternoon.
Cohen Is charged with contributing to
the delinquency of Jl-year-old Bertha
Israel. Ills two brothers, both or whom
sre First Lieutenants, sat by his side
throughout the trial yesterday.
Collier's letter and affidavit to
Presiding Judge Kavanaugh follows
I respectfully represent to the court
that it Is contrary to public policy
and against the Interest of public
Justice to assign further criminal cases
to Judge W. . Gatens. department No.
5 of this court. I assign the following
ressons therefor:
"That the Judge of said department
is temperamentally hostile to criminal
prosecutions and on frequent occasions
naa expressed nimseir to that ettect:
that said Judge is personally hostile to
wards the prosecuting officers to the
extent that the state feels it could not
get a fair hearing in his court-
That the demeanor of the court
during the progress of criminal cases
expresses this state of mind and h
seeks to communicate to the Jurors
feeling of distrust and a light regard
of the rights of the state.
'1 respectfully represent that a direct
loss of public money and official ef
forts is the result of futile trials under
(he circumstances and further, there'
fore, under rule seven of this court. I
object to the assignment of criminal
caaea to W. N. Gatens, Judge of depart.
ment fco. of this court.
Jadge Galena Res so ads.
Judge Gatens later gave out the fol- I
lowing signed statement with reference I
to his controversy with the District!
Attorney's office:
I have ne personal grievance esainst Mr.
(Tomer, but I seriously object to the sin
nsr in whleh hs irlss esses before me. Hs
hss resorted, to my personal knowledge, to
conduct whleh I think unbecoming an offi
cial, in order to secure the conviction of
persons charged with, crime. I resret to I
say tbat in one instance bo even went so I
far as la try to smother evidence. It is
such conduct ss that which I oblect to. snd I
not because of any personal feeling toward I
him.
He snd I differ as to the duties of a Dis
trict Attorney. 1 would commend Mr. Col
lier to reed the esse of the Stste of Ore- I
son vs. Osborne, reported in .vth Oregon!
mt , page wherein our Supreme Court I
said:
"It Is ss much ths duty of tfle prosecut
ing stlomev to see that s person on trlsl I
Is not deprived of any of his statutory or I
constitutions! richts ss It is to proeecutel
hlra for the ortme with which h mar be I
charged, but It Is a matter of common I
knowledge, and every prsctltlon-r si ths
bsr will bear witness, that the District At
torney who fully appreciates snd prsctiresl
this self-evident duty Is a rare exceptios
rather than the rule. In practice be Is I
ususlly ss enthuslsstlc to sdd one more con
viction to his string of lecal conquests as I
ths eosnsel for defense may be to clear I
his client."
Mr. Collier, unfortunately, temperament
ally Is so vicious In the extreme to make al
record for hlmsell uu ne resorts to con-1
duet uabecemiog a member or tbe legal i
profession. If he will try eases fairly and I
honestly, there will be no trouble, but If hs I
doesnt 1 will certainly protest In the future I
I have In the past. Ha la not the one I
B trial.
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PHOTOPLAYS OF MERIT )
IVj it ' 'i&7$fii folJtlOi ' BEGINNING TODAY I j
I- 1 WMkJUUJf . , FOR 8 DAYS- j
, 1 - - - i.imm i; 2mJm
asasss-i - - - 1 v J ft ,
. The Play With a Human f " v. ' ,
"Lincoln," Specially Se- , j . - ' '
cured Attraction for Lin- V' f ' " I jr
K coin's Birthday ' ' f ' " r"ir ' " S
-jf - ....:f rf srfii osisi Mffr- J(SimiSrraaTMmiffliswmsi'Ji-'"r-MinrTft':':y- - ...ujsssw--a
IJdiJ
FR03I THE BOOK BY THE FAMOUS AUTHOR
WINSTON CHURCHILL
AMERICA'S GREATEST AMERICAN STORY
PERFECT RECORD SOUGHT
Eugene Church Expects Every Mem- I
bcr to Purchase Thrifty Stamps.
EUGENE. Or.. Feb. 8. (Special.)
Kvery man. woman and child of St.
Mary s Catholic Church In Eugene is
expected to purohase war saving and
thrift stamps. At a meeting of the
Knights of Columbus last night It was
decided that the members of that or
ganisation should endeavor to have 100
per cent of tbe church affiliation rep
resented In the Governments war
fsnanclng plan.
"I am no lover of England, Father
P. Curley. pastor of the church, stated.
but America Is In the war and her I
cause Is Just and we are going to win I
f It takes every dollar everyone of us I Resitaaraat Men Forced lo Pile Bread
CAST OF CHARACTERS
Judge Silas Whipple, who believes in Lincoln. .
Colonel Comyn Carvel, who believes otherwise
Vir-rinia Carvel, a fair "rebel
Stephen Brice, from New England
Mrs. Brice, Stephen's mother
Eliphalet Hopper, the Mole
Clarence Colfax, in love with Virginia. . .
Litre Brent, a steamboat captain. .......
Abraham Lincoln, the Man of Sorrows Sam D. Drane
General W. T. Sherman .Cecil Holland
George Fawcett
Matt B. Snyder
...Bessie Eyton
..Thomas Santschi
.Eugenie Besserer
Frank Weed
...Marshall Neilan
Will Machin
. r '
aT.a.rt..s-aasaa -YVn ,,1
TWO-SLICE PLAN FAILS
8HIPTABD WORKER, THREATEN TO
STAGE BREAD RIOT.
has."
Friends Meet After 60 Years.
ALBANY. Or., Feb. 8. (Special.)
For the first time in 60 years, two old
school friends met today, when A. J.
leach. of Oakdale. Neb., stopped here
for a brief visit with Cyrus H. Walker.
Tbe two attended Pacific University, at
Forest Grove, together from 1S5S to
857. In the latter year Mr. Leach
went to Nebraska.. Mr. Walker is the
oldest living- white child born . west
of the Rocky Mountains and recently
celebrated his "yth birthday.
Albany Captain Injured.
ALBANY. Or, Feb. . (Special.)
While drilling on the Albany Armory's
freshly waxed floor last evening. W. O.
Ballack. Captain of the Home Guard
Company here, fell and suffered an in-
ury to his bip. It was necessary to
take him home on a stretcher and he
will be confined to bed for some time.
Physicians do not believe, however.
that the hip Is fractured, though this
Is possible.
Car Shortage Is Small.
SALEM, Or, Feb. . The Southern
Pacific car shortace In Oregon today
1 f8. a shortage of 120 open cars
and a surplus of C2 closed cars. The
W. R. sV N. Company reported a
hortage of IIS and the Spokane. Port
land at Seattle a surplus of 14.
1 Tables When Customers Pro
test! Relief Is Promised.
Threatened with a mutiny on the part
of workmen who refused to be limited
to two slices of bread at a meal, the
Portland Caterers' Association yester
day appealed to the Oregon Bakers' As
sociation to manufacture war bread of
which four slices per customer are al
lowed at a meaL H. H. Haynes, presi
dent of the Bakers' Association, called
his colleagues together .and the result
of their conference was a promise to
the restaurant men that beginning
Monday morning, the new war breaij
will be available In large quantities.
Dissatisfaction at the two-slices-a-meal
rule was strongest, according to
Henry W. Kemp, secretary of the Port
land Caterers Association, in the
restaurants in the shipyard district.
With J. H. Joyce, president of the
association, Mr. Kemp made a tour of
tbe shipyard district restaurants yes
terday and found that in many places
the proprietors had been overwhelmed
by tbe demands of the workmen and
had piled the bread on the table, for
every man to help himself.
"The men simply wouldn't stand for
being limited to two slices," he was
told by the restaurant men.
It Is confidently expected by the
restaurant proprietors and W. B. Ayer.
Federal food administrator for Ore
gon, that a plentiful supply of the
war bread will relieve the situation.
Heretofore the bakeries have con
fined their production of wheat sub
stitutes to the Liberty bread, of which
only two ounces at a meal are allowed
by the orders of the Washington bureau
of the . food administration.
ALBANY- PRINCIPAL QUITS
Professor W. B. Young Resigns
Tate Charge of Farm.
to
ALBANY. Or, Feb. It. (Special.)
Professor "W. B. Young, for the past
three years principal of the Albany
High School, has resigned, to take
charge of a farm In Alberta, Canada
He will leave his position here March
1. The resignation was accepted last
night and the School Board elected Pro
fessor E- A. Hudson, instructor in man
ual training, to succeed him.
Professor Hudson, who is a gradu
ate of the Oregon Agricultural Col
lege, has been an Instructor in the
High School for the past eight years.
LOGGING COMPANY SOLD
Seaside Firm's Holdings on Klats
kanle Change Hands.
ASTORIA. Or, Feb. 8. (Special.)
The Seaside Logging Company has sold
its camp and timber holdings In the
Klatskanie River district to J. A.
Veness and Malone Brothers, who are
to log the timber at once.
This tract is located close to tbe
California Barrel Company's holdings
and the latter is building a railroad
and getting ready to operate camps .this
Summer. The logs from both these
camps will be brought to tidewater
over -the Astoria-Southern Railway, a
line that is owned and operated by the
Western Cooperage Company.
WAR BREAD TO BE SHOWN
Miss Elizabeth Jacobson to Give
Demonstration to Farmers:
VANCOUVER. Wash., Feb. 8 (Spe
cial.) Miss Elizabeth Jacobson, of the
Washington Slate College of Pullman,
will give a demonstration in making
war and victory bread at the Clarke
County courthouse here tomorrow al
the Farmers' Institute.
M. J. Newhouse, county agriculturist!
C. S. English, president of the Potat
Growers' Association, and R. E. Ger
rard, chairman of the agricultural
council of the county, passed the day
in the Beaverton starch factory, when
potatoes are used In making starch.
What they learn will be told by them
at the institute tomorrow.
General Edwtords Improving.
WASHINGTON, Feb. 8. Major-Gen-eral
Clarence R. Edwards,-commanding
the 26th Division, now in France, who
has had pneumonia, is recuperating sat
factorily, according to word reaching
hgre
KEEPING SOLDIERS STRONG
Early in the world-war cod liver oil was selected
fo fortify the health of soldiers . against the rigors and ex
posure of camp life and to help build up enduring strength.
IS THE Oil
ONE m
that actually guarantees the pure quality of Norwegian Cod
Liver Oil which is refined in our own American laboratories.
It is skilfully emulsified to promote prompt assimila
tion which is always difficult with the raw oil.
Scott's Emulsion is famous for putting power in
the blood to thwart colds, grippe, pneumonia and
lung trouble. It is free from alcohol or opiates.
SCOTT'S
If CFnM
Scott Si Bownc. Bloonifield. N. J.
17-38