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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 26, 1919)
r TIIE MORNING OKEGONIAN, "WEDNESDAY, 31 ARCH 26, 1919. 9 NEW OPINION inl! i!iiiiiliti!itiii iiiii T Tlina llgwawtnanaaMggaaM3MM !! Court Holds Defendant Must Know of Violation. FOR YOUNG MEN AND MEN WHO STAY YOUNG JACKSON COURT REVERSED 5c?ro TorCcr for Hotel PlK-lain-is Knowledge of Contents of suit case Containing Liquor. GIVEN 1 INIUWi :ii)iiiii)iMi!iiiiiiiiiiiniiiiiii mmwm i k sr- SALEM. Or.. March (Special.) Jn prosecutions involving the Oregon Trcliibttlon law. it Is incumbent upon the slate to prove that the defendan ;nv, or had reasonable srounas i v.riiove that he hod I n toxicaling 1 iuor in his possesion before conviction can be had. This far-reaehine decision was made ..Hv bv the Oregon supreme court in ai!hIhii handed down by Justi Jnhm who reversed Circuit Judg r- .iutna r.t .larkinn county ia tho con victton of Huston Cox. a negro hotel lorirr at Medford. A dissenting opin Ion was handed down by Justice Bur Mtt. while Justice Harris in sup idrmentarv opinion concurred in the finrimm of Justice Johns. Cm was convicted of bootlegging 1 the justice court at Medford in Febru nrv 191. He was again convicted o in appeal to the circuit court, where lie was fined 1UU and sentenced io i dlis in iail. Testimony at his trial showed tha he had accepted a suitcase from a rai road norter at Medford and had trans Tiorrerf the suitcase to a hotel bus. earch of the suitcase by official rhowed It to contain 12 bottles of whis v and Cox was charged with vio lating tlic liquor law. Content -ot Kmhi. Cox contended that he knew nothin r ide ontents of the suitcase and tea ifieri Hint he had merely accepted it from the railroad porter as he did other baccasre every day In the year. n-iie nrnsectition introduced evidence i.-inline- to show that he knew the con tents of the suitcase and had acquired it for himself. In ri i mcnttnir unon the testimon rid facts of the case, the court said The lefendant testified that h eiveH the suitcase in question from iht? norter of a sleeping car in the sam manner and u.ider the same conditions that he took hastate belonging to in coming fc-uests of the hotel from such for tors. That be received the suitcase from the norter as the baggage ol puc.-t of the hotel and believed it to be uch: that he had no property imcres tticrin or anv suspicion that it con tallied Intoxicating liquor, and that the i.niv no.sMcssiotr or control which he . h ..i rtt the suitcase or its con u . i- hiK ranacitv as porter, for Hit Durnoso of transporting it from tlie railway station to the hotel. tMsarsrttas; Ulal Mt. -in rf,H. h:irire of his duties the portc did not have the right of search and lid not have any choice or discretion in the taking or handling of tho bag lc of a KU-st. If the mere act of a lifting a suitcase which con tains intoxicating liquor Is within itsel u violation of the statute in question, then any minister, old lady or the most radical prohibitionist, through chance or design, might oo maue tne innocem victim of bavin Intoxicating- liquor In ii..r nossession. and under tho Instructions given by the trinl court in this case could be convicted of that r fe ti.c." in hi.-t dissenting opinion Justice Tciii-n.-rt i:iv: "The records thov that the defendant .H the lmunr In liis actual possession. His knowledge or ignorance of it is iot an elcnient of the offense defined l.v the statute. The circuit court was Tight in disregarding his contention on that point. A derision to the contrary would emasculate the prohibition tuteM and oncn wtae tne uoor mi The conviction Ft frauds upon the law thould be affirmed." Otlicr opinions were: 3 v. lian.-on vs. A. I Thornton. appl 1nt ; appealed from Ike; anil to enjoin .f.nrfm from treoslnc upon property .i..,..i hi ulajntitf and to unlet title to ,t. h orooerlv: omnlon by Chief Justice I.-Firite: Ciri-nit Juia t'onn affirmed. It H. Ch.pler. appllaul. vs. J. !". Allen ir.l from Marion: suit Involving ares ml pur-h.e prtre of land: opinion by Jii.-ll. c Bcnjon: Cinult Judge Bingham re-rr-rl mill case reminded. lti-ell o l.a.rfnrf. h hi rumrdfnn Cocoanut Oil Makes a Splendid Shampoo If ou want to keep your hair In good condition, be careful what you wash It with. .Most soaps and prepared shampoos contain too much alkali. This dries the nalp. makes the hair brittle, and is try harmful. Just plain mulsificd co coanut oil (which Is pure and entirely lireascless) Is much better than the inoM expensive soap or anything else ou can uso for shampooing-, as this can't possibly injure the hair. Simply moisten your hair with water and rub it In. One or two tcaspoonfuls will make an abundance of rich, creamy Jatlicr. and cleanses the hair and scalp thoroughly. The lather rinses out eas ily and removes every particle of dust itrt. dandruff and excessive oil. The lialr dries quickly and evenly, and leaves it fine and stlky. bright, fluffy and easy to manage. You can get mulsified cocoanut oil at must anv drug store. It Is very cheap, ii nd a few ounces is enough to last everyone in the family for months. .Adv. TiUXATED IRON o Ittlllf CkitiaS Vtaia Fill l taSlf. Dr. Ferdinand Ktnf.TTew York Thrsician and Medical Aathor.uys physicians should prescribe more organic iron Naxared Iron for tkir batients Svs anemia Iron deCctenej is the greatest eorse to the health, strength. Titslitr and besaty of the modem American Woman. Sounds warning agminsc use oi meiauic iron which may injure the teeth, corrode the stomach and in some cases thereby do more harm than good: advise m of oolTiraxsted iron, taken three times per day after meal a. It will increase the strength and eodoraoos of weak, nerv ous, run-down .folks ia two weeks' IHne ia away instance, Duttmtt bj II ie-hc'V'JS? AI.ICB JOYCE. STAR Ot "THE l.IO' Afli THE MOITSE." PICTCRIZ ATION OF FAMOIS STAGE SICCESS. AT LIBERTY THEATER COMME.NCI.NG TODAY, Who never to himself hath said: "I could write a better photoplay than that"? TODAY'S FILM FEATURES. Peoples Billle Burke, "Good Gra cious. Annabelle!" Columbia "The Heart of Human ity." JI.icstic Mabel Normand, "Sis Hopkins." Star Bryant Washburn, "Venus in the East." Sunset Mabel Normand, "Mickey-Liberty Alice Joyce, "The Lion and the Mouse." Globe "Cannibals of the South Seas." Clrcle Charles Kay, "The Claws of the Hun." LHertjr. Love for his father, or lova for his cirl. Jefferson Ryder had to choose between these two affections. And he chooses to aid tho girl in her fight against his own parent to prove that right Is greater than might. And In tne end the girl triumphs and the father, in the bitterness of his defeat, forgives the youth and accepts the girl. Such is the theme of "The Lion and the Mouse." the film adaptation of the famous George Klein stage play, which opens this morning at the Lib erty theater. Alice Joyce, the star. Is said to score the greatest success of her screen ca reer in tins dramatic pnoto-taie. ne Is Shirley Itotismcre. the girl who brings to his kneen the most powerful man In the world. This man i lots to ruin her fatner, a federal judge, be cause of the issuance ot a railroad injunction. Comedy and news pictorial are otner pictures on the new programme. Do You Remember When 1 fouse Teter was a villain and Will iam S. Hart was a hero in the "biled Khirt" drama. "Between Men. and they indulged in a strenuous scrap? Alfred Whitman was Alfred vos- burgh in Kay Bee's wild and woolly westerns? E. K. Lincoln was Anita Stewart's leading man? Leah Baird was Just beginning her screen career at v itacrapn ana was an extra when Zena Kccfe, only II years old. was leading lady for Earle Will iams? Screen Gossip. Breathes there a man with soul so dead. After completing a picture, many stars give the dresses worn in the play to the "extra girls." If Theda Bara did that with her "Salome" dresses, some "extra girl" at Fox's is going to accumulate either an awful cold or a bad case of sunburn. Are motion picture folk supersti tious? Well, let's' see. "Burkeses Amy," Mary Pickford's new play, could not be started on Thursday because it was the 13th. And the next day was Friday, another jinx day, and who wants to work ou Saturday? So "Amy" got her first chance at the screen on Monday. "Oh, You Women," the new John Emerson-Anita Loos picture, with Er nest Truex and Louise Huff as its lead ing players, is to be distributed as a Paramount-Artcraft special. Twenty-six English made pictures, presenting some of the biggest stars of tho British isles, are to bo distrib uted in the Lnited States by World Pictures. Martin Johnson and his wife are soon going on a three-year jaunt into the South seas. After tome more cannibal pictures. With Jane Grey as star and" ICigcl Barrie and William J. Kelly as leading men, the Gouvcneur Morris story, "When My Ship Comes In," Is soon to be picturized. Tom Moore has made good as a star. As a result Goldwyn has just signed him to a long-time contract. Thomas Melghan. who played in so many pictures with mine hutko ror Paramount, is with Katherine wcuon- ald in her first independent turning venture. Forrest Stanley is another member of the company. Mickey Neilan. who directed Mary Pickford in "Daddy Long Legs." also played the juvenile lead. It was tho lirst time he. had applied a makeup in three years. Jt is reported ono of the extras had to slipw him how to put it on. And Miss pickford settled a lot of old grudges by directing hini. She i made him rehearse until lie was weary. He had to lie down and jump through and roll over and everything as she had don with Mickey behind the comers. ad litem. George E. Lawrence, appellant. vs. Portland Railway, L.ignt ac t'ower com Drnnv: action for damages for personal In juries; opinion by Justice Benson; Circuit JUdco L.lllieticiu nvenwa ana lasv re manded. Meade L. Mark vs. r red H. .ilat-K. ap pellant: appealed trom .11 uunonian ; appeal from modltled decree of divorce: opinion by Justli-o iean; derce of Circuit Judge Tucker is modified by reducing amount of monthly payments required of defendant to plaintiff. Kalph K. liummay. appenanu vs. t.enara. Murton company: appealed from 3lultno. h: suit to quiet titlo to certain lots in city ot Portland; opinion by Justice Bean; Circuit Judge Llttlrtlcln. reversed. A. B. Fykes, appellant. v. Q. . bperow. t a!.; appeal from Multnomah; ault to re- over money paid out by contractor in set. lemeni of liens that should have been paid bv sub-contrartor; opinion by Justice Ben nett; Circuit .ludee Kavanaugh reversed and case remannea. retitlon for rehearing was denied in Catching vs. Knby. 'LANS LI FOR BIG DRIVE 400 TO iELL STOCK FOR LIVE STOCK EXPOSITION. Henry E. Heed Assigns Territory for Cam pa i Opens XcYt Monday, 0 Trams to n Which At a rousing rally last night at ibrary hall. District Manager Henry Keed and his 400 campaigners for icxt week's Pacific International Live. tock Exposition, completed the ma chinery for the big drive for stock- olders which will begin next Monday. Territory, was assigned to each of the 0 teams of ten men each by Mr. Jteed, who districted the city. That there will be a spirit of keen rivalry among the 20 teams was evident from the earn spirit shown at the rally. All of 'ortland's important business men s lubs are represented on tho 20 drive teams. E. G. Crawford, vice-president of he I'nited States National bank, in harge of the flying squadron division of the drive, reports that good prog ress is being made in the canvass lor tock among the big industrial, finan ial and business firms of the city. Reports to O. M. Plummer, general manager. Indicate state-wide eninu- asm for the Pacific International Livestock Exposition's project to es tablish a permanent exposition center Portland and that at least f 12a,000 1 f the IJoO.OOO fund required to finance enterprise soon will be available rom subscriptions outside of Portland. WEN'S GLEE CLUB TO.TOUR Willamette I'nivcrsity lo Appear First at Chemaua. WILLAMETTE UNIVERSITY. Salem. Or., March 2i. (Special.) Gustave An derson, manager of the men's glee club of Willamette university, is outlining a nutnber of week-end tours for spring concerts. The first appearance will be at the Cbemawa Indian training school next Sunday, when several sacred num bers will be presented. Later in the spring the club will appear in Stayton. Gresham. Tleasant Home. Harrlsburg, !tillas. Independence and Woodburn. Concerts may also Ik given ia Portland, Oregon City and In Roseburg, Ashland and Medford if a southern trip which is now contemplated Is carried out. Due to the time lost this year be cause of. the influenza, the faculty asked that the long tour which is taken annually by the club be canceled this spring. The membership of the club, includ ing the alternate members, is as fol lows: First tenor, Fran-ia Cramer, John Mrd- Irr and Oustave Anderson; second tenor. Fioyd Mrlntyre. I.oren Bapler, Nobel Moodhe. Ivan I'orner, tjordon Summons and Oscar Olson; first bass, EMwIn Socolofsky Paul Sterling. Haymond Jlarcy. John Lueker and Lawrence Davlea; second bass. Harry Bowers. David Uwson. Paul Day and Ber nard Morse. Herald Emmel, elected presi dent of the organization lor this yc:Lr, is awattine- his disoharKe at Camp Lewis and expects to re-enter the university soon after Iho third quarter begins. U. S. AGENTS TO VISIT CITY Vocational Board Representatives to Inspect Polytechnic School. Mrs. Anna L. Burdick. federal agent for women in trades and industries un der the federal vocational board at Washington, D. C, and Benjamin W. Johnson, regional agent of the north west federal vocational board, are ex pected in Portland tomorrow or Friday to inspect the girls' polytechnic school. They are on their way to the Inland Empire teachers' convention to be held in Spokane April I, 2 and 3. Assistant Superintendent Rice will represent the Portland public school administration, while others from the city who will attend are Miss Anna E. Arnold, Will iam Parker, principal of the Vernon school, and County Superintendent Al derson. Superintendent Grout is a mem ber of the executive committee, but due to his recent absence from the city will not attend. HOTEL SOLD FOR $125,000 Wcinhard Estate Buys Properly at East Third and Burnsidc. The Henry Weinhard estate has pur chased the Princess hotel at the north west corner of East Third and Burn- side streets, for $125,000. The property has a 100-foot frontage on Burnside and 75 feet on East Tliird. It includes a four-story reinforced concrete building. The sale was made by F. W. Peterson, who had a four-fifths interest, and P. O. Graham, with a one-fifth Interest. A mortgage of $25,000 was assumed by the purchasers and the balance of the purchase price was in cash and city property. Mr. Peterson and Mr. Gra ham were represented by F. E. Taylor, of the F. E. Taylor company, and Ralph H. Cake, of the law firm of Cake & Cake. The Weinhard estate was rep resented by Henry W. Fries and Fred J. Reverman. and Wood, Montague & Mathiesen, lawyers. . HOSPITAL UNIT TO RETURN Cablegram Announces Oregon Boys Leave Bazoillcs, France. Members of base hospital unit No. 46 left Bazoilles. France, Slonday, accord ing to a cablegram received from Lieutenant-Colonel Yenny by Hal M. White, secretary to Mayor Baker, yesterday. , -A few of tlie members oi ihia unit. -1 r-4 J Exceptional Methods Make Exceptional Clothes SMALL details are big things in making Society Brand Clothes. Garments are cut one at a time. The trimmings, linings, buttons are matched or contrasted with the woolens. And in the general construction each garment is tailored separately according to uniform specifications, wherein even the threads for the various operations indicate the standard of excellence. Every tailor is trained to observe the niceties of workmanship that give a suit character and make the stylish lines as lasting as the all-wool fabric. The label identifies every garment and is our unqualified guarantee. 0orMy Irani. GUfls ALFRED DECKER & COHN, Maker, Ic Canada, SGC'ETY BRAND CLOTHES. Limited CHICAGO NEW YORK MONTREAL IT'S as much to our advantage to sell exceptional clothes as it is for you to buy them. You're sure of complete satisfaction. Third Floor. aaL-,,Ljlff lrSS 77ais tign identified "Style Headquarter.' It a the right store to go to for th rnmart things in men' wear composed almost exclusively of Port land boys, have been detached and sent into Germany with the army of occu pation. The remainder soon will be back in the United States it is thought. Considerable complaint has been reg istered by parents and relatives of boys who are in this unit over the failure of the war department to designate Chamberlain and Mayor Baker, who was in Washington recently, were appealed to and steps were taken which resulted in the order which nas now started the unit homeward bound. Paroled Convict Rearrested. SPOKANE, March 25. J. L. Leroy, today after having served a 30-day sentence for carrying . concealed wea pons, only to be re-arrested as a fugi tive from justice on his identification as & paroled convict from the state penitentiary, where he was to have been sentenced to a life term from Seattle for grand larceny. L ! IIIC V 1 1 UCIH( llllkll L l J ucainaLv, .i-i- - , ' . . . . . . , them fur an early return. Senator colored, was released from jail bere Kead The Oregonian classified ads. wnpaid so Young KUJJ uanaruii ana Itching with Cuticura Ointment Slumpoo Willi Caricu-a Smp