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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 5, 1919)
THE 3IORXIXG OREGONIAX, FRIDAY, DECEMBER 5, 1919. 19 MIGHT TO USE COURT IS HOT DEED ALIEN Request for Directed Verdict in Dam-age Suit Denied. CASE IS AGAINST POLICE Ex-Judge McGinn, In Prosecuting $5000 Action, Alleges Depart ment Is Full of Corruption. The fight of an alien enemy, to prosecute a damage action in the courts of Oregon was sustained by Circuit udge Morrow yesterday over the vigorous objection of Stanley Myers, deputy city attorney, when be refused to direct a verdict in a suit brought by an alien who ad mitted he had escaped military serv ice by making: the plea that he was an alien enemy, as bad his two well t-up and healthy brothers who tes tified in the case with him. Mr. Myers aaked the court to di rect a verdlot in favor of the defense in the suit of Qeorg-e Christ against Isaac arrow and Alpha E. Burk hart, police officers, in which false arrest is alleged, on the ground that the plaintiff was not entitled to come into court, on his own declaration that be was an alien enemy. "There have been considerable la bor and money spent on this case. which is drawing to a close," replied the judge. "We are here and are going through to the end. I do not favor any motion which would de prive anyone of the use of the courts. Irrespective of his nationality." Similar Cases Cited. Judge Morrow quoted cases in which aliens were permitted to sue in the courts of the United States. Mr. Myers contended that the jurist made no distinction between non resident aliens and enemy aliens. "Your honor. Is this not throwing the broad mantle of charity a long way, in covering the enemy alien and slacker?" asked the attorney, "I have no hesitation in throwing it," retorted the Jurist. "The court will not thank you for further criti cism of its rulings, Mr. Myers. The case will continue." Later Judge Morrow quoted Ken tucky and North Carolina federal cases in which the courts held that the war was ended. Mr. Myers ob served that the supreme court of the United States had not so held, which the Jurist conceded. The courtroom was crowded during this discussion because, though the case la not an important one, ex-Circuit Judge Henry E. McGinn is one of the attorneys for the plaintiff and his impending argument before the jury attracted a large .audience. Case Involves Arre.it. The case Involves the arrest of George Christ at Fourteenth and Mar shall streets, June 7, 1919. He de clares the arrest to be entirely un provoked and asks $5000 damages from the arresting officers, who beat him, he says. The defense is that Christ was with his brothers, Koste Christ and Maladin Christ, the former a convicted bootlegger, and that he was injured when resisting arrest, following the purchase of a suspicious package from a supposed blind pig. After declaring it to be a frame-up and the police witnesses liars. Judge McGinn gave vent to his opinion of the moral squad, of which the offi cers were members, and the police de partment In general, particularly at tacking the alleged necessity for large rewards in order to get efficiency. Moral Squad Called Mockery. "This moral squad is a delusion, a mockery, and a snare," he declared. We all hold our hoses at it. We all know it is as dishonest as the coin age of helL We want men to enforce the law, but not lawbreakers to en force it." "A brutal police force is a most hideous thing," he observed after com menting on the alleged beating ad ministered Christ. "It is a festering source of all cor ruption. Just recently $18,000 in hard money had to be put up before rogues were caught. It is a bad state of af fairs, gentlemen, a bad state of af fairs. Then the law which said sworn officers should not receive a cent for doing their duty, outside of their reg ular salaries, was wiped out tem porarily. There is more crime, 20 times over, created by the police than is detected and punished by them." S. C. PANDOLFO ON STAND FALSE EXTKIES IX FISCAL AGEXCY BOOKS ADMITTED. tock Sale Transaction Is Bared. $112,000 Spent Without Get ting Vouchers, He Says. CHICAGO, Dec 4. Cross-examination of B. C. Pandolfo, witness and defendant In the Pan Motor fraud trial, was nearly finished today. Only the reading of one report remained. Pandolfo is the last of tne 13 officials of the St. Cloud (Minn.) corporation to take the stand. He admitted today that false en tries had been made in the fiscal agency books of the company to show his income to be less than it really was. "I did this to cover any chance losses which might occur," he ex plained, " such as the theft of money by a stock salesman or the like." He was again questioned about the transaction of May 31, 1918. whereby he was to receive 100,000 shares of the common stock at half of the sell ing value. "Is it true you told a federal trade commission examiner In April, 1919 that the board of directors acquiesced in this arrangement?" aaked Attorney Ben Epstein for the prosecution. "Yes, it may have been true," re plied Pandolfo. The attorney then called his atten tion to the fact that according t testimony in this trial of the board members were opposed to the ar rangement and that it was finally cancelled for that reason. "Yes, but the board did not object as a whole at the time," said the wit ness, "and I took this as an acqui escence. He was then asked to explain $112, 000 expeditures, on the fiscal agency uuuno, muivu vttsio unoupporteu oy vouchers. "That was money I spent during the early days of the company in 1916 and 1917 and for which I never took the trouble to get vouchers," said Pandolfo. - A book written more than 1000 years ago mentions two breeds of poultry still being raised in China, while incubators now used are the same in principle as those employed in t-gypi uuu years ago. BUNGALOW IN WOODS DREAM OF WINIFRED BYRD, PIANIST Oregon Musician Visits Father In Salem on Way to Portland, Where She Will Appear in Recital Sunday Afternoon. SALEM, Or., Deo. 4. (Special.) The secret of suocess, whether it be in mastering any of the difficulties and trials Attendant -to the thousands of other higher attain ments of life, requires hard work, Dil igent and painstaking study and, above all, a dtermination to reach the goal, according to Winifred Byrd, the latest American pianistic sensation, who arrived in Salem today after a triumphal tour, which took her as far east as New York, through the southern states, San Francisco and other Pacific coast centers. She will pass today and tomorrow at the home of her father," Dr. W. H. Byrd, of this city. Miss Winifred Byrd Is a wisp of a girl, with steady, clear blue eyes that look straight at you from out a shock of thick and brown bobbed hair. Yes, she Is more than that, she is an Oregon product, and a pianist in miniature may be one's first im pression as this young artist seats herself at the piano. The "little devil of the keyboard," however, is sura to be the echo at the conclusion of her renditions, which have charmed many an audience since she became com plete master of her art. Individuality I Asset. "You see," said Miss Byrd, "piano playing is not a matter of technique alone. I believe absolutely that every student of music, after he has reached a certain stag of development, should go his own individual way. "When do you consider the pianist has reached that stater she was asked. "After the musicianship is thor oughly arronnded: affair nn studied sufficiently to be a real mu- oi'au; ims is reaiiy my own expe rience. But if I had always listened to the advice of pedagogues 1 shouldn't be anywhere today. Mad ame Carreno and Carl Beerman of Boston, both were big enough musi cians to allow a student to keep her individuality. There was no chalk line in their instructions. More than once I have dared to venture to go my own way against pedagogue ad vice. . "Have you ever thought of the tre mendous vigor and energy necessary for a pianist? I once played for a brilliant man with an extremely sci entific turn of mind. In fact, he was much more interested in science than in music When I had finished play ing he remarked, "I never realized be fore that such could be the case, but you give out enough energy to build a Panama canal " Energy Is IT n usual. Winifred Byrd's tremendous energy and seemingly impossible strength for so small a body have impressed deeply more than one observer. "Playing big things appeals to me most," continued Miss Byrd. "I sap pose it Is the law of Opposites. To play a big tone, you must first be able to feel and hear a big tone. Music that is full of octave passages and big chords is easiest for me to do and I revel In it. "I have often longed for a bunga- SOVIET NAMES REFUSED 10,000 CONTRIBUTE TO V. 8. FUND, IS TESTIMONY. Existence of Sum - for "Political Victims" Admitted Ex-Treasurer of Federation on Stand. NEW YORK, Dec. 4. Flat refusal to give the names of the executive committee of the Russian soviet fed eration, described by Dr. Michael Mis- leg, its treasurer until yesterday, as nation-wide body actively engaged in teaching bolshevism to the Ameri can masses, met the Joint legislative committee's investigation into radi calism today. Despite Instruction to answer on pain of being in contempt, Misleg on the witness stand declined to reply. Ten thousand members or tne reop eration, approximately half of whom are American citizens, contribute reg ularly monthly dues to support the work of the organization. Dr. Misleg testified. Many of the federation lo cals are scattered throughout the country, he said. He admitted he had "attended" the communist party con vention in Chicago and Identified Mrs. Rose Pastor Stokes, Al Renner, chair man, and others in a photograph of the convention put in evidence to day. He testified to payments of sums of money from the federation treas ury to the communist party following the organization of that body. He ad mitted existence of a federation "fund for political victims," out of which bail and counsel fees were paid for men arrested out charges of sedition and criminal anarchy. Chairman Martin said that no action on Mislegs refusal to reply would be taken until the committee finished examination of Ludwig C. A. K. Martens, self- styled Russian soviet ambassador to the United States. Hearing of Martens will be resumed on Thursday, December 11. VALLEY BOYS TO CONFER S00 You t lis Are Expected at Al bany Convention. ALBANY, Or.. Dec 4. (Special.) Three hundred boys of the Willamette valley, most of them high school stu dents, are expected to attend the boys' cohference opening in this city tomorrow and concluding Sunday night. This conference is for boys residina- in the counties of western Oregon extending from the north line of Clackamas county to the south line of Lane county. Interesting programmes have been arranged and the conference prom ises to be a big one. Tomorrow after noon will be devoted to registration and the opening session will take place at night. Sessions will be held Saturday forenoon and afternoon. Sat urday night there will be a Danquet, followed by a reception at the Albany high school. SLEEP MALADY SPREADS Eight Cases at Taeoma Are Baf fling Physicians. TACOMA. Wash., Dec 4. (Special.) Kight cases of sleeping sickness have been found in Taeoma during the last few weeks and physicians are baffled bv the new disease. In each ease the patient saw double while being taken down with the mysterious malady. Dr. Christen Quevll. who has had most of the experience with the sleeping sickness, says that the patients usu ally show symptoms of a cold or grip, sometimes of bronchial trouble or of a stomach disorder. Before the fatal drowsiness creeps on, they see dou ble. After dropping into a deep sleep the victim can be only aroused for feedlna- by constant shaking. The sleep. Dr. Quevli has noted, , lasts from three to six weeks and. U7 . "i:"vl f ' " t Ml 4 v 3 t ;j ' y. i P ' u . A ' - 1 -Jf ' x it Miss "W 1 at 1 f r d Byrd. Orea-om piano star, plays 1h eosteerf. AJeaawr theater, Sanaay P. M. low in the woods. I want to be all alone In this bungalow with no ens around me anywhere just to have the woods and out-of-doors for in spiration and not the ugly brick walls, disfiguring chimneys and fire escapes of the big city. Health Important Issue. "1 believe health goes hand in hand with legitimate art. Health should be made the important issue. I shall live in the open as much as possible al ways. I shall swim to develop muscle. To come out and conquer an audience, you must be in fine physical condi tion, never weaker than those for whom you are playing. I dread to go on the platform if I am not up to the mark. It was only will power that brought me through some of my most triumphal concerts. "I am fond of animals and birds'. A birdhouse is one of my pet diversions and there is much for the pianist to learn from these feathered songsters. We should learn music from nature. " "Go forth under the open sky and list to nature's teaching is one of the happiest phrases ever penned. I think Mr. Bryant must have had us pianists in mind, too, when he was inspired to write it. It is impossible to feel music and to imagine while inside four walls of a room as you can when you go into the woods and listen to the mysterious intangible sounds of the wind whispering through the trees just to feel your self alone with nature." Miss Byrd will appear in recital here tomorrow night and will leave early Saturday for Portland, where she will make her feature appearance Sunday at 3 P. M. leaves the victim extremely weak. No deaths have resulted so far. VOTING MACHINE IS 0. K. Board Approves Device Used In Northwest Cities. SALEM, Or, Dec. 4. (Special.) The state board of voting machine examiners, created under an act of the last legislature, today certified to the several county courts in Oregon and the recorders of towns and cities of more than 4000 population that the Empire device manufactured by the Automatic Registering Machine corporation of New York meets the requirements Of the local law. The machine was examined here recently by a committee of mechanics appoint ed by the governor. ' It is optional with the county courts and municipal officers whether they purchase these machines for voting purposes. The Empire voting ma chine is now in use at Seattle, Ta coraa and other northwest cities. Church Director Improves. 'James P. Ewing, educational direc tor of the First Presbyterian church. wno suffered a nervous breakdown several days ago, was reported yes terday to be Improving at his home, S10 Spring street. Mr. Ewing was considered seriously ill for a time. It is believed now that his recovery will be merely a matter of time. IVMTTOVgf7 HOME AGAINSTpl leaves no grounds, no dregs, and you have no waste. Scientifically prepared by Mr. Washington's refining process and comes to you in soluble, powder form. Absolutely pure always delicious Made in the cup at the table. No coffee-pot needed. , G. Washington. Sales Co., Inc, 334 Fifth Avenue, New York COFFEE Originated by Mr. Washington in 1909. iiiiiiiiiiiiiimmiiumiiiiiiiiimimiiiiim 1 LADIES! I United Apparel Co. I IP' I United Apparel Co. Corner Park and Morrison Street ETlIIIIIIIllIIIItlf IIIIIIII1MIIIIIIIIIII1IIIIIIIII11III1I1II1IIIII1III11IIII;IIIIIIIIIIIIII1II11 tIllllllllIIIIIlIIIIIIIIIIIIIIIllinilIIlllllllllllllIIIt SHERIFF BUYS BEDDING INCOMING COUNTY PRISONERS TO BE CARED FOR. Kelly Butte Quarry Expected to Re lieve Crowded Condlton at Jail in 10 or 15 Days. Six dozen blankets and mattresses were ordered by Sheriff Hurlburt yes terday to provide for the increasing number of prisoners in the county Jail now greater than ever before. Though the Jail capacity usually is figured at 200, there are now 233 inmates, and more are coming. Sher iff Hurlburt finds it possible to squeeze, with a fair degree of com fort. 208 in the Jail corridors, 18 in the trusties quarters, 18 in solitary confinement cells and seven in the Juvenile quarters, a total of 149. He does not like to use the "solitary," however, except in unusual oases. In view of the large number of "boarders" and three incipient jail deliveries frustrated within the last The Easier Kind of Coffee Each Cup Made To Order A LWAYS a perfect cup of coffee. The quality of ii G. Washington's Coffee never varies. Can be made one cup at a time, so that it is always available, always convenient always fresh and always the strength to suit each individual taste. Just pour boiling hot water on the coffee. It dissolves instandy and at Going Out of Business Sale Coats, Suits, F)rSI and Waists Prices Slashed to Bed-Rock Join the crowd and share in these bargains 30 days, the sheriff has decided to employ two extra Jailers. The cost would be less than sending some of the prisoners to t he Kelly Butte priBon quarters, where five Jailers would be necessary. After a conference with Roadman ter Eatchel and County Commissioner Holman yesterday Sheriff Hurlburt announced that it is expected all will be ready for the opening of Kelly Butte rock quarries in 10 or IS days. He will not send any prisoners out there until the stockade is completed and the men can be put to breaking rock. About 50 prisoners will be the av erage maintained on the rockpile, in cluding cooks, shoemaker, etc., and 35 workmen for the seven rock cars. The sheriff will fhsist that the rock output be sold and the receipts ap plied directly to the cost of operation of the quarry, showing the direct fi nancial benefit he believes It will be to to the county, as well as an excel lent corrective measure. He favors paying the workmen in the quarry B0 cents a day. Transients Ordered Away. SALEM, Or., Dec. 4. (Special.) Forty-five transients alighted from a southbound Southern Pacific paa eenerer train here last nla;ht and later J I MADE IN THE CUP I V I " AT THE TABLE I sought out a police officer in hope that they would be provided with sleeping accommodations. The offi cer, after looking over the crew, de elded that Salem would be better off without their presence and ordered tnem to leave town. CITY TO SUE OVER FIRE Ignoring of Hazard Warning Is Charged In Action. Preparation for the first civil action to recover the cost of extln gulshing a fire which resulted from alleged negligence of the owners of property, under the authority of ordinance enacted more than a year ago, began yesterday, when Assistant City Attorney Stanley Myers prepared court papers against Fink Bros coopers, 183 Front street. The city will charge that Fink Bros. Ignored a warning issued year ago by Fire Marshal Grenfell of fire hazards existing on their prop erty and because of this failure they are liable for the bill of expenses in curred by the city in fighting the fire, which is expected to amount to sev eral hundred dollars. The fire oc curred at 11:30 P. M. on December 2 A Christmas Forethought Don't Know What to Give the Boy or Girl for Christmas? Why not a 1.00 Savings Bank with a dollar or two in it to encourage the starting-" of a Savings Account? No better or wiser present could be given. LADD & TILTON BANK Oldest in the Northwest Washington and Third FMRPR At "the Big Store" You Are Sure of VARIETY, QUALITY, at Lowest Possible Price and aBBBaVsaSBBaMV MIIbIbV attwTf 'f- L. jJ gfgf .pttJt .WJ M li-V "safe. Sw--7h- a AJ & Just a. Few Suggestions Among the Many Hundred: MPW ?CA?nM'C TTA United States Government inspected ntll OCHOU114 I Lrt and passed: Basket-Fired Japan. Gun powder, E n g 1 I s h breakfast; fragrant, satisfying and Aflp wholesome. TCvVO-OAY SPECIAL. PER POUND HUU IMPORTED SARDINES New oil; for $1.00; per doxen. TEA GARDEN PRESERVES AND JELLIES ".faS granulated sugar. ' We bave alt varlettes-Strawberry, Rasp berry, Loganberry, Cherries, Peaches, etc We have a young lady demonstrator with us this week who will be glad to let you sample any of them. EXTRA FANCY APPLES FROM HOOD R1YER iWXi X shipment for eastern points so as to arrive for Christmas. We still have plenty of the fall varieties and the fanciest of fancy ones from $1.70. A- 61 G I fs. Absolutely FIRE To Owners of Phonographs We will present every visitor to our record depart ment Today and Saturday with a record-cleaning; brush. We do not ask that you purchase records unless you care to in 'order to get this simple but very desir able device for keeping your records clean. Bush & Lane Piano Co. Bush & Lane BIdg. Dealers in Victrolas and Victor Records, Graf onolas and Colum bia Records and the exclusive representatives in this territory for the famous Sonora Phonograph. j Open Evenings 'Til Xmas n r ...i,: Remember There's One Safe Place to Buy Your Christmas Piano or Phonograph TERMS LMerehandis.e ofl Merit On" ' I -1 P M RP P"- V V3 fish, full quarters, in fine olive S3e per can; three canaCQ DC UlUt Main 7Z.OO in Broadway at Alder i. in Phone Your Want Ads to THE OREGONIAN Main 7070 A 6095 E wm