THE MORXIXG OREGONTAX, MONDAY, DECEMBER 22, 1919.
WOMAN SLAYER OF 3
ATTEMPTS SUICIDE
beside every lamp post within the
section bounded by Third. Morrison,
Tenth and Oak streets, were the gift
of a group of former service men,
who spent most of Saturday night
and Sunday morning putting the
trees in place. C. Clarence Liklns,
who was with the trophy train when
it traveled through the state under
the auspices of the war department,
had secured a shipment of 1800 trees
to the city for Christmas sale. As the
trees were late in arriving he found
he would be unable to dispose of all
of them, and rather than throw them
away he, with other former service
men, placed them alone the streets.
POLICY IS CRITICISED
Jump Into Lake Tried After
Drowning Own Child.
Washington Attorney-General
Upholds Deportations.
1913
ffhe remaining trees Likens has stored
at the corner of Park and Glisan
streets, where he is selling them.
REMORSE IS NOT EVIDENT
COURT HEARING WANTED
A. M.
Mother's Hallucination That Moth-er-in-Law
Influenced Youths
Held Cause of Attack.
Enforcement of Law Held Only
Province of Executive Branch
of Federal Government,
ELECTROCUTION ACCIDENT
VICTIM LAID TO REST.
LABOR DEPARTMENT
ft) liMiMii m
COEUR D'ALENE. Idaho. Dec. 21.
(Special. ) A slender little woman is
Lucy M. Mullenax. weighing not more
than 105 pounds, now in the custody
of Sheriff Quarles facing the charge
of murdering her three little children
and murderously attackirlg her moth-er-ln-luw.
Mary M. Mullenax. a wom
an 74 years of age, at the Mullenax
ranch home at Mica bay, 11 miles
west of Coeur d'Alene. The triple
tragedy and assault occurred in the
same hou3e in which C. E. Hubbard
committed suicide two years ago.
The bodies of the three little chil
dren John .1., aged 3 years: George,
1 years of age, and a 2-nionths'-old
babe, of whom the mother pathetical
ly says, "I was going to name her
Virginia Mae" lie in the morgue in
Coeur d'Alene because of hallucina
tion of the mother that her mother-in-law,
whom she attacked, was us
ing hypnotic influence over her chil
dren. Grandmother Seriously Injured.
The aged grandmother is seriously
Injured. She was brought to Coeur
d'Alene for treatment. She has an
even chance for recovery, physicians
said today.
lrs. Mullenax is 34 years old and a
former school teacher. She apparently
is not remorseful and told the of
ficers to tell her husband that they
did not suffer In death, as she had
given them "chloroform liniment" be
fore she threw them into a cistern 250
feet from the house shortly after she
had attacked her mother-in-law with
a wooden mallet in the latter's room
in the upstairs of the house, beating
her Head badly.
Leaving her mother-in-law lying
bleeding on the floor she ran down
stairs and took her three small chil
dren and threw the little ones into
the spring.
She then ran to a neighbor, a Mr.
Forry, and told him what had hap
pened, stating that she had quar
reled with her mother-in-law and had
drowned two of her children, but that
the third one was out In the field
near the Mica creek.
Jump Into Lake Attempted.
Porry telephoned to the author
ities at Coeur d'Alene and placed Mrs.
Mullenax in the custody of Henry Le
patlne, a rancher near here.
Lepatlne went on a search with the
woman for the missing boy and as
they neared the dock at Mica landing
the woman ran to the dock and at
tempted to jump into the lake, but
was held back. She then confessed
that all three children had been
drowned.
The father of the children. John J.
Mullenax, was not home, having gone
to Coeur-d'Alene with his auto, taking
Shelton Bechtel, of Portland, who had
been looking at the ranch with a
view of purchasing it. On the way
Bechtel remarked to Mullenax that
he had better watch his wife, as he
believed from what she had told him
at the ranch that she was gojng in
sane. Presents Bought for Family.
The father is about 39 years of
age and has been living on the Mica
flats for the last two years. While
in Couer d'Alene he had purchased
Christmas presents for his wife and
children.
On arriving at the ranch officers
searched the house to find the old
lady. "The door Jto her room was
locked and when no response came
the door was battered in.
The old lady, not weighing 100
pounds, appeared at the door, all
covered with blood; crying, "John,
is that you, is that you John?" Her
son, John Mullenax, then came up and
the old lady was carried downstairs.
The woman held for the murders
was Lucy Fawsett before she was
married. Her only known relative
is a sister, Hazel Fawsett, at Clifts,
Idaho, in the southern part of the
stats.
Masons Act as Pallbearers for Late
Manager of Park Apart
ments; Widow Survives.
Funeral services for the late Arthur
M. Nicholson, who was killed last
Wednesday by accidental electrocu
tion, were held from the chapel of
V Inlay & Son Saturday. The services,
which were largely attended, were
w
A. M. Nicholson, victim of elec
trocution accident who
laid to rest yesterday.
conducted by Rev. O. W. Taylor. Pre
vious to interment at Rivexview cem
etery, impressive ceremonies were
conducted under the direction of Har
mony lodge, A. F. and A. M. The pall
bearers were lodge brothers of the
deceased.
Mr, Nicholson was born in Victoria,
B. G. in 1881. After graduation from
Victoria high .school he came to Port
land and completed a course at Port
land Business college in 1900. Subse
quently he entered the employ of the
Portland hotel. At the opening of the
Multnomah he accepted the position
as steward. He later moved to San
Francisco, and upon his return to
Portland again joined the Multnomah
force as night auditor. At the time
of his death Mr. Nicholson was also
manager of the Park apartments.
Besides his widow he leaves his
daughter, Dorothy; his mother. Mrs.
S. E. Nicholson, of Victoria; three
brothers. Dr. F. J. and T. C. Nicholson
of Vancouver, B. C. and Ralph H. of
Victoria, and three sisters. Eleanor
of Victoria. Mrs. F. A. Futcher and
Mrs. W. E. Morell of Vancouver, B. C.
CRAP. GAME BROKEN UP
r
Five Men Arrested Saturday Night
to Be Tried Today.
A "sociable" game of craps at 725
Powell street resulted In the arrest
Saturday night of Oscar Walker, mer
chant, on a charge of conducting a
gambling game, and Jess Thornton
laborer; William Pierce, merchant
Peter Rillholer, laborer, and Fred
Pfohl, machinist, on charges of gam
bling, by Patrolman R. E. Wagner.
rail for Walker was placed at $50
and that for the others at $20 each.
They will be tried in municipal court
today.
APPLE SHIPPERS HOPEFUL
Protest Against Freight Rate In
crease Well Presented.
HOOD RIVER. Or, Dec. 21. (Spe
cial.) Local shippers, who were rep
resented at the interstate commerce
commission rate hearing in Portland
last week by A. W. Stone, executive
manager of the Apple Growers' asso
ciatlon, say they are pleased with
the showing made by northwestern
deciduous fruit shippers, who. through
the public service commissions of
Oregon and Washington, have sought
to prevent the 25 per cent freight
increase from applying to their prod
uce.
C. W. McCullagh. .sales manager of
the association, who attended the
hearing one day, says the shippers
presented strong arguments in sup
port of their contention that the rates
ordered were discriminatory as ap
p l i i ! to apples.
While the increased rate went into
effect more than a year ago, a tem
porary compromise was given apple
shippers, limiting the Increase to 10
per cent, where the former rate was
in excess of l per 100. The com
promise rate ceased May 31 of this
year.
MR. McCUMBER LEAVES
Xortli Dakota Senator Ends Visit
With Relatives in Portland.
Forter J. McCumber, United States
senator from North rakota, and sec
onpr ranking member of the senate
committee on foreign relations, left
Portland last night for North Dakota
where he will pass the holidays, pro
ceeding to Washington Immediately
after the New Year.
Senator McCumber has been visit
Ing here at the home of his niece,
Mrs. Frank V. Smith, 635 Kast Fifty
fourth street, north, and with his sis
ter, Mrs. Eliza James, who lives with
her daughter, Mrs. Smith.
OLTMPIA, Wash., Dec. 21. (Spe
cial.) Denial of the right of a de
partment of the executive branch of
the federal government to substitute ,
its own policy instead of enforcing I
the provisions of legislative enact
ment is contained in a second letter
from L. L. Thompson, attorney-general,
to Louis F. Post, assistant secre
tary of labor, criticising the position
outlined by Mr. Post in a communica
tion relative to the status of alien
members of the I. W: W. The
attorney-general offers to appear in
federal court as representative of thf
labor department in any cases of de
portation of I. W. W. now in custody
in the northwest in order to obtain
Judicial construction of the act of
1918. The letter says in part:
Hon. Louis F. Poet. Assistant Secretary
of Labor, Washington, D. C. Dear Sir: Um
der data of November 28 I addressed a let
ter to you relating- to the proper construe-
tion of that portion of the act of congreu
of October 16, 191S, which provide for
the deportation of all aUena "who are
members of or affiliated with any orjtanl-
tlon that entertains a belief in, teaches.
or advocates the overthrow by force or
violence of the government of the United
States or of all forms of law ... or
that advocates or teaches the unlawful de
struction of property.
Power Vested in Congress,
The specific question considered in that
etter was whet ha r or not It was neces
sary, under this act, to prove that any par
ticular alien member or tne inaustnai
Workers of th World had knowledge of
the seditious doctrines of this organiza
tion before deportation could be had.
I have always understood it to be a fun
damental principle of our government that,
subject to constitutional limitations, all
questions of expediency, wisdom or pro
priety or legislation are Tor tne legisla
tive branch of the government to con
aider and therefore are not matters for
the consideration of either the executive or
the judicial branches.
It Is needles for me to point out that.
In so far a the national government I
concerned, all learlaiative power is vested
in congress and that none is possessed by
the department of labor, which is a branch
of the executive department. ...
"Enforcement Only Province.
If you are In accord therefore with my
conclusion that the 1. W. W. advocates
and teaches these unlawful acta, I submit
that it ooviousjy toiiow max tne oniy
province of your department is to enforce
the law a enacted. I am unable to com
prehend how the queation of possible hard
ships which may result from such en
forcement la one for your consideration.
It Is self-evident that if every executive
officer is permitted to enforce or refuse
to enforce a statute depending upon his
own individual views of the wisdom or pro
priety of such enforcement or non-enforcement,
the result would be to transfer to
the executive branch of the government a
large part of t lie powers of congress, a
thing which the f ramers of our constitu
tion never intended.
If I am correct in the foregoing It is un
necessary to discuss In any detail the wis
dom of the 'policy" which you have adopt
ed. I will state, howrver, that I am as
little In accord with your "policy" as with
your apparent view of the law. . . ,
Upon page 3 of your letter you say
that "culpability of such alien members
as are participants in or cognizant of law
lessness in th I. W. W. or any of its
groups should be easily discoverable wher
ever it exists." If this statement be correct
one of two things must be true, (1) either
your department has made little effort
to discover such facts because the number
of alien members deported in this section
Is extremely small when compared to the
total alien membership, or elae (2) prac
tically all of these aliens are wholly Igno
rant of the doctrines of this organization.
I have no means of knowing whether the
first supposition is true and I canont be-
ieve the second.
Illustration Is Cited.
To Illustrate: Immediately after the Cen
tralla outrage the state arrested some 14
alien members of the I. W. W. In Centralis-
Representatives of your depart
ment examined these men and held one
out of the 14 for deportation. If evidence
of individual culpability Is easy to obtain,
as you state, I would be bound to suppose
that the other 13 members were all with
out knowledge of the doctrines of the
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149 Sixth St., Portland.
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CHICKfSRirVG MEULIN PACKARD BOND PIANOS.
a4-Zrz cut rzD ccactc
I. W. W. To one who has any knowledge
of the unceasing and tireless propaganda
of the I. W. W. leaders among its mem
bers, such a supposition is unthinkaole.
Personally, I prefer to believe that the
failure or your agents to hold more of
theae men at Centralla was because of In
ability to secure evidence of individual cul
pability rather than because we had in
custody 13 members who never had heard
of direct action, sabotage and all the other
unlawful doctrines of the I. W. W. If I am
right, this presents a concrete illustration
of a reason why the department of labor
should enforce the law as enacted and not
concern itself with questions of policy.
My own view of the law Is each that If
you will order the deportation of some of
the alien members of the I. W.W., which
we now have in custody in the northwest.
I will be pleased to appear in the federal
courts tn behalf of your department and
I will undertake In these forums to obtain
a judicial adjudication that the construc
tion of the act of 1918 which I have con
tended for is the proper one. Yours re
spectfully, !.. X. THOMPSON,
Attorney-General.
Game Farm Birds Saved.
EUGENE, Or., Dc. 21. (Specials
While reports come In from all parts
of the valley that Chinese pheasants
have died In considerable numbers,
not one of the 1000 at the new state
game farm near Eugene perished dur
ing the cold weather, according to L.
E. Bean, who was largely Instru
mental in having the farm established
here. This fact has proved the sound
judgment of the state game commis
sion in establishing farms for the
propogatlon of these game birds, in
the opinion of Mr. Bean.
WORKMEN'S DATA READY
COMMISSIOXKRS TO CONFER
TODAY ON HIGHER PAT.
Read The Oresronlan classified ads.
Tentative Increase In Proposed
Payment Believed Approved
by Injured Workmen.
SALEM. Or., Dec. M. (Special.)
William A. Marshall, J. W. Ferguson
and Will Kirk, members of the state
Industrial accident commission, went
to Portland tonight, where tomorrow
they will attend a conference called
to make recommendations to the leg
islature at its special session In Jana
uary with regard to increasing the
payments to injured workmen under
the state compensation act.
Complete data showing the receipts,
disbursements and surplus funds of
the commission have been prepared
and will be placed before the confer
ence for consideration. The tentative
Increase in the proposed payments,
although not in keeping with the ad
vance in the cost of living, probably
will meet with the approval of the
Injured workmen, in the opinion of
the commissioners.
Tomorrow's conference will be com
posed of 15 delegates, five represent
ing the employers, five the employes
and five the citizens of the state at
large. If the members of the con-
PRESS USES BOOK PAPER
St. Louis Newspaper Announces In
tention to use Wrapping Paper.
ST. LOUIS, Mo.. Dejc. 21. As a re
suit of the shortage of newsprint
paper, one East St. Louis daily jour
nal has announced that it will print
its daily issue on common wrapping
paper, beginning tomorrow.
As an emergency measure, book
paper was used in the publication today.
ALICE
JOYCE
in
WINCHESTER
WOMAN
The
Satisfactory
Picture
Kinograms
A Briggs Comedy
TODAY
TUESDAY
ONLY
TREES PUT ON STREETS
Work of ex-Servlce Men Gives
Yuletide Touch to City.
Portland people who camo down
town -yesterday morning found the
ontire business district decorated for
Christmas. During the night, as if
by magic, there had sprung up dozens
and dozens of evergreen trees, beau
tifying the streets and giving addi
tional Yuletide touch to the city.
3."h tree, which had been placed
ItituS 1l- JiHh .
Direction Jensen Gr Von Hcrberg
I
BJ 'DANGER GAME'
Wednesday
Madge Kennedy
and
Tom Moore
in the
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ference agree upon a schedule of com
pensation at tomorrow's session the
work of preparing the amendments
to the present law will begin early
next wenk and will be ready for the
consideration of the legislature on the
opening day of the special session.
Because of the extent of the pro
posed amendments the entire law will
have to be revised, according to the
commissioners.
Reginald S arrant, who has been ap
pointed stipendiary of Douglas and
Castletown. Isle of Man. wa recently
sworn In the quaint form which has
prevailed In the Island for centuries.
He swore to do Justice between party
and party "as Indifferently as the her
ring's backbone doth lie in the mids.
of the fish."
Phone your want ads to the Orego.
nian. Main 7070, A 6095.
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Look over this list of Electrical
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TO
if V
Toasters
Percolators
Table Lamps
Irons
Vibrators
Desk Lamps
Ranges
Hot Plates
Fans
Milk Warmers
Heating Pads
Ovenettes
Waffle Irons
Grills
Flashlights
Washers
Cleaners
Sewing Machines
Ironing Machines
Room Heaters
Curling Irons
Dish Washers
Boudoir Lamps
Tree Lightin g Outfits
OPEN EVENINGS UNTIL CHRISTMAS
Electric Store
Portland Railway, Light & Power Co.
Electric Bldg.