Morning Oregonian., January 14, 1920, Page 7, Image 7

THE MORXIXG OREGOXIAX. WEDNESDAY, JANUARY 14,' 1920
HIGH COURT GIVES
OLCOTT FULL T
Voters' Right to Elect Gov
ernor Held Already Asserted.
NO VACANCY, IS BELIEF
Conclusion Based on Chadwick
Earhart Case Justices Burnett.
Harris and Benson Dissent.
STATE CAPITOL. Salem. Or.. Jan.
13. (Special.) Ben W. Olcott. who
by virtue of hia office as secretary of
state assumed the governorship fol
lowing the death of James Withy
combe as governor in fact, and is en
titled to serve out the full unexpired
term of the late executive, according
to an opinion handed down by the su
preme court here today in the man
damus proceedings brought by G. M.
Roberts, district attorney of Jackson
county, to compel the secretary of
state to make provision on the bal
lot for the nomination of governor at
the primary election to be held next
May. The predominating opinion up
holds In every particular the demur
rer to the complaint filed by Attorney-General
Brown and dismisses the
mandamus proceedings from further
consideration by the court.
The prevailing opinion, which Is a
voluminous document and goes prac
tically into every phase of the ques
tions at issue before the court, was
written by Justice Johns, with Chief
" jOHtice McBride and Justices Bean
and Bennett concurring, the latter
writing a special concurring opinion.
Three Junticcn Dissent.
Dissenting from the predominating
opinion were Justices Burnett, Harris
and Benson, the former of whom pre
pared a brief dissent in which he held
that the Chadwick-Earhart case on
which the opinion written by Justice
Johns was based, was not parallel in
that the same questions were not in
volved. The action was brought -y Mr.
Roberts pr.ms-.-ily to determine the
status of Mr. Olcott as governor and
as today's opinion full in' ;rprets the
law relative to the succession of a
secretary of state to the governorship,
it is expected (hi. Governor, Olcott
will resign from the former off ;e in
the near fut:re in orc'.er that he may
give his whole attention to the duties
of the executive department. It is
believed here that if Mr. Olcott re
signs as secretar o. stale Sam A.
Kozer, fo.- many yer first assistant
in the office, will be named to suc
ceed the retiring official. Mr. Kozer
also is a candidate for secretary of
8t.- at the republican primary elec
tion to be held in May.
Chadwlck-Karkart Case Haul.
Justice Johns, in holding that Mr.
Olcott is governor in fact and is en
titled to serve out -ne full unexpired
term of the late Mr. Wlthycomte,
based his op ion entirely on the
ChadwiCK arhart cse. - ays in
his opinion that there is no doubt that
the questions involved in the Chid-wick-liarhart
case were in substance
the sa... as those placed befe-e the
court in the recent action.
Excerpts from Justice Johns' opin
ion follow:
"It Is significant that since the ren
dition of the decis. -. in Chadwick vs.
Earhart .. itr.out an excepti' .ne an
notators of the code, W. air Hill, C.
B. Bellinger. W. W. Cotton ani. W; "
l.o. I, all men of the h' nest type la
their profession, have construed the
decision to mean tl r , under the
existing facts. Mr. Olc. should hold
office of governor fo- the remainder
of the late Governor Withycombe's
unexpired term. Such annotations
will be scund under --ction eight of
article V of the constitution in every
code compiled and published sini-t t'-j
rendition of that decision, which for
35 years has not been disturbed.
. People's Right Held Exercised.
"It Is vigorously contended that the
people should have an opportunity of
choosing their own governor. In the
instant case they have had and exer
cised that right. Under the, express
provisions of the constitution, when
they elected Mr. WithyTombe gover
nor and Mr. Olcott secretary of state,
they elected Mr. Olcott to become
governor upon the death of Governor
VVithycombe; and every voter who
cast his ballot for Mr. Olcott as sec
retary of state legally knew that up
on the death of Governor Withycombe
the duties of his office would devolve
upon the secretary of state. There is
no such provision in the constitution
as to any other state office. Section
16 of article V provides that in the
event of the death or resignation of
the incumbents, all other offices shall
be filled by appointment by the gov
nor. Further, there is no provision
in either statutes or constitution for
an election to fill an unexpired term
of the office of governor. Such a pro
ceeding would have to be read into
the constitution, would be based upon
implied construction only, and would
overrule the precedent of Chadwick
vs. Earhart.
No Vacancy Is Opinion.
"Under sections one and seven of
article V of the organic law the term
for which the governor is elected is
absolutely fixed at four years and
there is no provision in either the
statutes or constitution for the elec
tion of a governor for any portion of
an unexpired term. Hence, under the
constitution, if a governor should be
elected at the next general election,
he would hold office not only for the
remainder of the unexpired term of
the late Governor Withycombe, but
for a full four-year period from
January, 1921, to January, J 925.
"While the line of succession re
mains unbroken ..... there is
no such occurrence as a vacancy in
the office of governor."
"The governor is the chief execu
tive officer of the state, in whom
only the power of appointment is
vested and in the very nature of
CASTOR I A
For Infants and Children
In Use For Over 30 Years
Always bears
the
Signature of
Eyes Strained?
If your eyes are work-strained or
tired; if your vision is dim or
blurred; if it bothers you to read:
if your eyes burn or itch or ache;- if
you wear glasses, get a bottle of
Bon-Opto tablets from your drug
gist, dissolve one in a fourth of a
glass of water and use from two to
four times a day to bathe the eyes.
Bon-Opto has brought comfort and
relief to thousands and thousands.
n-Hc. tar un uvw virenjzrnene cye-
w w? tcc; mac in miar
El
j things a vacancy in that office would
destroy the whole plan of state gov-
i urnraenL
In face of the decision in Chad
wick vs. Earhart, every attenvt to
change section 8 of article 5 of the
constitution has been defeated by a
vote of the people."
Justice Bennett, who concurred In
the findings of Justice Johns in a
separate concurring opinion, said:
After much consideration and
some hesitation. I feel compelled to
concur in the opinion of Justice Johns
upon the ground of state decisions
only. It seems to be that the case of
Chadwick vs. Earhart is directly in
point and is controlling. If it were
not for that case, and if the question
was here as a matter of first impres
sion, I should ba governed by the rea
soning of Justice Harris, when the
question was under consideration in
the case of Olcott vs. Hoff. which
seems to me at present, as a matter
of logic the stronger consideration.
"The reasoning in the Chadwick
case does not appeal to me as being,
by any means, conclusive in its logic
or even very cogent. The court in
that case seems to have concluded
that the relation of the secretary of
state to the office of governor was
exactly the same as the relation of
vice-president to president in the fed
eral government. There does not seem
to me to be such analogy. The presi
dent of the United States is elected
to a four-vear term. There is no
provision in the constitution or laws
by which, in case of death or resigna
tion, his successor could be elected at
any intervening time. It follows as
a matter of course that a vice-president
shall take his place in case of
death and hold his office for the full
remainder of the original term, be
cause there are no means of provision
by which a successor can be ejected
at any intervening time.
"Coventors Case Different."
"The case of the governor is differ
ent. Here we have general elections
every tw . years over the entire state,
when the people may (if the constitu
ti is not construed to prohibit) elect
a governor at the same time as the
other general officers and the mem
bers of the legislative assembly."
Justic Harris holds that the Chad-wick-Earhart
case is unlike the ac
tion under consideration and that the
doctrine of state decisis does not ap
ply; also that the material facts in
the Chadwick case are different from
the controlling facts in the case at
issue. In the former case, according
to Justice Harris' opinion, the only
question submitted to the court was
whether Chadwick, who had previ
ously been elected secretary of state,
could assume the governship for a
period of two days, representing the
time Intervening between the termi
nation of his term as secretary -f
state and the inauguration of the
n,ewly elected governor.
Former Case Cited.
"The question in the Roberts-Olcott
case," said Justice Harris, "was wheth
er Mr. Olcott. whose term as secretary
of state will expire on the first Mon
day in January, 1921, can hold the
office of governor two years after his
term of office as secretary of state
has expired, and in spite of the fact
that a regulation election will be held
in November, 1920, as well as a second
election in November, 1922.
"In the former case a governor had
been elected, while in the action at
Issue no governor has yet been cho
sen. In the Chadwick-Earhart case
the only question decided was that the
secretary of state could hold the of
fice of governor until an elected gov
ernor can be inaugurated. There a
governor was elected at the very first
election occurring after the office of
governor became vacant, while here
no governor has yet been elected:
there the court was not called upon
to decide when a governor could be
elected, while here that is the sole
question for decision.
"Since the Chadwick case does not
decide or attempt to decide when a
governor could be elected our inves
tigation and decision of the question
presented here is unhampered and
uncontrolled by any prior adjudica
tion; and therefore, we must first look
to the constitution itself to see wheth
er it tells us when the governor is
to be elected.
Voters' Rights Asserted.
"Upon turning to that instrument
we find that article V, section 4.
tells us that, 'the governor shall be
elected by the qualified electors of the
state at the times and places of choos
ing members of the legislative assem
bly'; and upon further investigation
we find that November, 1920, Is the
time when, and the voting places
throughout the state are the places
where the qualified electors of the
state will choose members of the leg
islative assembly. The constitution
does not state in express terms nor
does It impliedly say. that a governor
c .not be elected at the next election
and therefore we must, of that ac
count, ascertain what the general
rules of l.-.w are.
"The rule in this jurisdiction has
always been that when an elective
office becomes vacant the legal voters
have the right, in the absence of a
statute to the contrary, at the next
election, if there be sufficient time to
m. use of the election machinery,
to elect some person to the office.
This rule has been enforced by the
court in previous cases and observed
by the voters, notably when Ben W.
Olcott was elected secretary of state
to fill the vacancy caused by the death
of Frank W. Benson. Applying the
general rule which governs elective
offices, we are then brought to the
conclusion that the legal voters are
entitled to elect a governor Novem
ber. 1920."
Just.ce Burnett, a sep- ate dis
senting opinion, said he concurred in
the argument of Justice Harris in his
limitation of the Chadwick-Earhart
case, and likewise in the result of the
opinion.
Resignation as Secretary Possible.
"If the present secretary of state is
now indeed the governor he can re
sign the latter office," said Justice
Burnett. "Such a resignation would
not affect the duties imposed upon a
governor, for there would still be in
office the present elected, qualified
and acting secretary of state, who is
charged by the constitution with the
performance of those duties until a
governor shall be elected. The sec
retary of state's tenure of office as
such is the utmost limit of his author
ity to discharge the duties of the gov.
ernor's office.
"It is further limited by the right
of the people to choose their governor
at the first opportunity afforded by
a general election. The secretary of
state has no other or initional hold
on the gubernatorial office. It is
only .coause he is secretary that he
can perform the duties of governor.
"Election is the rule and appoint
ment is the exception in filling vacan
cies in constitutional offices. The ex
ception ought not to be expanded by
construction so as to narrow the rule.
For these reasons I am of the opinion
that the people are entitled to elect
a governor at the next general elec
tion and that the writ should be made
peremptory."
Willamette Delegates Return.
WILLAMETTE UNIVERSITY, Salem,
Or.. Jan. 13. (Special.) The Willam
ette student delegation to the inter
national student volunteer convention
at Des ' 'olnes has returned to the
campus, highly enthusiastic over the
meeting, which was att-nded by
nearly 8000 students and leaders from
all parts of the world. , The local rep
resentatives remained in the conven
tion city for an extra day in order
to attend the national intercollegiate
prohibition contest, where they wit
nessed the triumph of Miss Margaret
Garrison, the Willamette orator, over
the ether speaker.
BOILING POINT TEST
BILL IS INTRODUCED
Act Would Repeal Gasoline
Gravity Requirement.
MR. DENNIS IS SPONSOR
Salem Measure Proposes ' Oregon
Standard Similar to That
of Federal Government.
STATE CAPITOL.vSalem, Or.. Jan.
13. (Special.) Specifications similar
to those prescribed by the United
states government will be required
in the manufacture of gasoline offered
iur Mie in Oregon, in the event a bill
introduced in the house todav bv Rep
resentative Dennis is enacted into a
law.
The proposed bill provides that the
gasoline shall be of high grade, re
fined and free from water and all Im
purities, and shall have a vapor ten
sion not greater than ten pounds per
square inch at 100 degrees Fahren
heit temperature, same to be deter
mined in accordance with the current
rules and regulations for the trans
portation of explosives and other dan
gerous articles by freight, as issued
by the interstate commerce commis
sion. Samples will be taken at random,
under the act. and immediately there
after win be retained in a clean, ab
solutely tight closed vessel and ap
plied to a test. The boiling point
must not be higher than 60 degrees
tciiiisriae izzi degrees Fahrenheit),
and 20 per cent of the sample must
distill below 105 degrees centigrade
(221 degrees Fahrenheit). Fifty per
cent must distill below 140 degrees
centigrade (284 degrees Fahrenheit).
Ninety par cent below 19 degrees
centigrade (374 degrees Fahrenheit),
and the end or dry point of distilla
tion must not be higher than 225 de
grees centigrade (437 degrees Fahren
heit). Not less than 95 per cent of
the liquid will be recovered in the
receiver from the distillation.
Enforcement of the act is vested
with the sealer of weights and meas
ures and any manufacturer, distribu
tor or dealer wno violates the law is
subject to a fine of not more than
$2000 or less than $100. or by impris
onment in the county jail for not more
than six months or less than GO days,
or by both such fine and imprison
ment. Any petroleum products sold or of
fered for sale as gasoline which do
not comply with the provisions of
the law shall be condemned and de
stroyed by order of the court. To
enforce the act tlmre. is to be allowed
the sealer of weights and measures
the sum of $10,000. to be paid out of
the general fund.
This bill, If approved, will repeal
parts of the present gasoline law re
lating to the gravity test, now In
lOperation in this state.
'MOVIE" MAN ACQUITTED
(Continued From Firat Page.)
related the incident in which Mrs.
Colwell called a policeman and or
dered the film taken off. He admitted
he had said certain things to her at
that time for which he apologized
later.
J. Fred Larsen, Mrs. G. J. Frankel
and Mrs. H. L. Vorse 'testified con
cerning the censoring of the picture
by the viewers and afterwards by the
board itself. It was stated that the
board merely delivered its verdict
verbally. The women also testified
that it was not the habit of the board
to deliver a verdict in an appeal from
the viewers' decision in any other
way. '
Mr. Hill said that at the time of
sending a letter of resignation he had
added strong criticism of the board.
The defense used this statement in
an attempt to show that there might
have been animosity in his arrest,
which took place only two days fol
lowing the mailing of this letter.
The fact that the picture was not
rented by Mr. Hill personally, but by
a representative of the same firm in
Seattle, was also used by the defense.
The prosecution, however, maintained
that as manager of the company here
Mr. Hill was nevertheless responsible
for the acts of his concern and for
anyone who might be employed
under him.
Before the judge, jurors, courtroom
attaches and a courtroom crowded
with clubwomen, moving picture rep
resentatives and courtroom habitues,
the film with the alleged "naughty"
scene in its entirety was shown by
an operator. The scene, as it is de
clared to have been cut before being
shown in the Columbia theater, was
then followed by the scene as it is
said to have been finally cut in com
pliance with orders of Mrs. E. B. Col
well, secretary of the censorship
board, who is making the charges
against Mr. Hill.
Instructions Held Lacking.
T. D. Hail, attorney for Mr. Hill, in
his opening statement to the jury,
declared Mr. Hill had .not been in-
ACTRKSS AT PA XT AGES MAKES
STUDY OF CHARACTER TYPES.
.:.-&mf?
Mary Dorr.
When Mary Dorr wants to create
a new character with which to en
tertain her audiences, she gets in
personal contact with her subject.
Miss Dorr is the clever little come
dienne at Pantages this week who
keeps her- audiences in a gale of
laughter with her quaint character
parts. Her Italian girl is a gem and
she watched the original in the slums
of New York. '
Her summer vacation last year net
ted the role of the "rube." which Miss
Dorr maintains with her friends is
her best.
structed to cut the film, that he did
not rent It and had nothing- to do
with It.
"We will show that there n -er was
an Immoral scene in the picture," he
said, "that as originally produced It
was not suggestive, but that as cut bj
Mrs. Colwell there was an immoral
scene."
Mrs. Colwell, who was put on the
stand for the prosecution, declared
that the picture had originally been
viewed and censored by three viewers
who demanded a cut from a point In
the fourth reel "where he takes the
girl in his arms to where he leaves
the apartment."
The Jury comprised James A. Coon,
W. S. Dirker, W. D. McWaters. J. L.
Wright. J. N. Buntln and William A.
Montgomery.
The controversy over the film first
came up a week ago Monday, when the
show was then running at the Colum
bia theater. It was on that day that
Mrs. Colwell demanded that the film
be taken off and eliminations made.
A warrant for the arrest of Mr. Hill
was issued on the following day and
served on him.
REPEAL HELD IMPOSSIBLE
ratification' of dry act
stands, says counsel.
New York Governor's Recommend
ations Cannot Be Followed, as
Legislature Held Powerless.
WASHINGTON. Jan. 13 State leg
islatures cannot under the law re
peal ratification of the constitutional
prohibition amendment, Wayne B.
Wheeler, counsel for the Anti-Saloon
league, declared today In a statement
discussing recommendations for re
peal made to the lawmakers of New
York by the governor.
Mr. Wheeler cited the attempt of
New Jersey and Ohio to withdraw
ratification of the 14th amendment.
Congress refused to accept the repeal
and both states were counted among
those voting affirmatively. Without
their ratification the amendment
lacked sufficient votes to become op
erative. Chief Justice Marshall was quoted
by Mr. Wheeler as follows:
"The principle is asserted that one
legislature is competent to repeal an
act which a former legislature was
competent to pass. The correctness
of this principle, so far as respects
general legislation, can never be con
troverted. But if an act be done un
der a law, a succeeding legislature
cannot undo it. The past cannot be
recalled by the most absolute power."
LANSING. Mich., Jan. 13. Validity
of the action of the Michigan legis
lature in ratifying the federal pro
hibition amendment without submit
ting the question to a referendum
was argued in the state supreme court
here today.
The question comes into the court
following refusal by Secretary of
State Vaughn to accept initiatory
petitions seeking a referendum on
the measure. Attorneys for the peti
tions obtained from the court an or
der requiring the secretary of state
to show cause why a writ of man
damus should not be issued requiring
him to accept the petitions and place
the amendment before the people next
November.
Assistant Attorney-General Retan,
arguing for the state, contended that
only acts of the state legislature are
subject to referendum. He insisted an
act meant a bill passed by the legis
ture. Attorneys for the wet advocates con
tended that legislative power rested
solely in the electorate.
BUYAN WOULD HID FOES
DEMOCRATS WOULD PASS THE
BUCK LATER IF NECESSARY.
Suggestion Is Made That Party Co
operate With Republicans In
Making Changes . Now.
DES MOINES, la., Jan. 13. If un
able to effect an acceptable agree
ment with republican senators on the
peace treaty and league of nations,
William Jennings Bryan here tonight
said he would have the democrats
permit, and possibly assist indirectly,
the republicans in exercising their
majority power in the senate in doing
what they wish.
Then, if the republicans did not
leave in the treaty and league cove
nant what the democrats thought
should be there, Mr. Bryan said he
would favor taking the whole mat
ter before the people in the campaign
and discussing it along with domestic
issues. He would have his party ask
the people for authority to replace
what the republicans had taken out,
he declared, and by that plan, the
democratic party could not be held
responsible for delay in final declara
tion ,of peace.
Mr. Bryan spoke to several thou
sand Iowa democrats.
Warning to the democrats that if
it did . prolong the peace treaty issue
until the next congress they would
find themselves just where they now
are was iven by Mr. Bryan. He as
serted the democrats snust have a
two-thirds majority to control the
senate on the question of peace. Only
one-third of that body is to be elected
at the coming elections, and: many
of the one-third from states where
the democrats have little, if any,
chance of electing their candidates,
Mr. Bryan declared.
A considerable part of the speech
was an attack on the republican party,
which, he said, was ruled by small
classes of tariff, financial, monopo
listic and trost interests.
UKRAINIANS TAKE ODESSA
Invaders Reported Well Supplied
With War Materials.
COPENHAGEN. Jan. 13. The Uk
rainian insurgents, aided by Galician
Ukarainians. have entered Odessa, ac
cording to a dispatch to the Ukrainian
press bureau from Lemburg.
The dispatch says:
"The Ukrainian insurgents have
I driven" the remnants of the army of
I General Denikine, . the anti-bolshevik
I leader in south Russia, to the right
i bank of the Dnieper, and with the
co-operation of the Galician cTkrain-
lans have entered Odessa with Den-
ikine's disarmed soldiers.
"The Ukrainians are plentifully sup
I plied with war materials."
Wets to Intervene.
NEW YORK, Jan. 13. The Associa
tion Opposed to National Prohibition
announced today it would seek to in
tervene in the suit brought by the
state of Rhode Island in the United
States supreme court to determine the
validity of the 18th amendment. The
organization believes this is the
quickest way to determine whether
the amendment is legally a part of
the constitution.
Phone your want ads .to the Orego
ni.m. Main. 7070, A 6095.
m BONDS CONSIDERED
EASTERX OREGON FIGHTS FOR
MACADAM ALLOTMENT.
$10,000,000 Bonding Measure Ex
pected to Be Introduced In
Legislature Today.
STATE CAPITOL, Salem. Or., Jan.
13. (Special.) The bill providing for
the issuance of $10,000,000 In bonds
which which to continue the road
Improvement programme In Oregon,
and the proposed measure to au
thorize the state highway commis
sion to operate cement plants .in con
nection with the construction of the
highways, were taken up at a con
ference of the roads and highways
committee of the -house tonight.
The proposed bonding bill is similar
to the measure adopted by the people
at the special election last June, with
the exception that expenditure of the
bulk of the funds is contingent upon
the success of the resolution intro
duced by Representative James
Stewart extending the road building
indebtedness limitation from 2 to 4
per cent. The eastern Oregon dele
gation made a spirited .fight against
a clause in the bill providing that all
of the money derived from the sale
Of bonds Should be exrtenrtori In i rt
.surfacing to the exclusion of ma-
it i it 1 1 1 .
Finally, however, it was agreed
that the apportionment of the funds
should be the same as under the 1919
law. 75 per cent to be apportioned to
hard surface roads and .25 per cent
to other highways. Representative
Gallagher urged favorable action on
his bill providing for designation of
a new state highway starting in the
vicinity of Ontario, passing south
through Jordan Valley and terminat
ing at the Nevada line. The commit
tee divided three and three over the
approval of this highway, and the
proposal was defeated by the ballot
of Chairman Dennis. Representatives
Richardson. Wright and Thrift sup
ported the bill.
In connection with the defeat of
this bill notice was served on the
committee that a minority report
would be filed by those favoring the
bill.
Representative Schubel's bill giv
ing authority to the highway com
mission to engage in the cement
business also met strong opposition,
being approved by a vote of four to
three, with Chairman Dennis casting
the deciding ballot. It Is estimated
that this bill, if approved, will en
tall an ultimate expense of from
$1,000,000 to $3,000,000.
It is expected that the bonding
bill will be ready to Introduce in
the house some time tomorrow.
GRAND JURY HOLDS FOUR
California Indictments Charge
Liquor Conspiracy.
SAN FRANCISCO. Cal.. Jan: 13.
Indictments charging conspiracy to
violate the wartime prohibition act in
connection with the removal of 399
cases of whisky from a bonded ware
house were returned by the federal
grand jury today against Ed Mar
quette, formerly a Seattle police de
tective: W. W. Powers, theatrical
manager of Seattle; Ed Baker, man
ager of a wholesale liquor concern:
V. W. Sloan, cafe proprietor, and
Frank Willy, an expressman, all of
San Francisco.
The whisky was seized several
months ago at the time of Powers'
arrest and subsequent conviction for
conspiracy to ship liquor to Seattle,
but was released because there was
no evidence to show intention to ship
this particular lot. The grand Jury
charged that, although the liquor was
released from a bonded warehouse on
Powers' promise that he would export
it. Powers sold it last week to Mar
quette. INCLUSIVE "DRY" ACT AIM
Mr. McNary Would Extend Provi
sions to U. S. Citizens in China.
WASHINGTON, Jan. 13. Senator
McNary. republican, Oregon, today in
troduced by request a bill which
would extend the provisions of the
national prohibition constitutional
amendment to American citizens liv
ing in consular districts in China and
other countries where the amendment
does not conflict with treaties already
existing between those countries and
the United States.
It was referred to the judiciary
committee.
HERO DIES IN FLAMES
Effort to Cut Ofr Gas in Factory
Fire Costs Life of Worker.
NORFOLK. Neb. Jan. 13. Chris
Kueuch. a gasfitter, was burned to
death and two other men were in
jured today when fire which followed
the explosion of an oil tank destroyed
the Norfolk gas plant. The city's
gas supply is indefinitely cut off.
Kueuch met death after he ran
through the flames in the plant's
boiler rooms to turn off the valves
connecting with large gas reserve
tanks near the plant.
PERSHING OFFICE TO OPEN
Presidential Campaign Drive lo
Start In Chicago May 2 5.
CHICAGO. Jan. 13. Presidential
campaign headquarters for General
John J. Pershing will be established
in Chicago about May 25. it was an
nounced tonight by Mark Woods of
Lincoln, Neb.
The presidential headquarters here
of Senator Warren G. Harding of
Ohio have been' given up, it was an
nounced tonight. They wl.. be reoc
cupied "later on," a statement said.
Mc.Minnrille Delegates Return.
M'MINNVILLE COLLEGE. McMinn
vllleg. Or.. Jan. 13. (Special.) The
eight delegates from McMinnville col
lege who attended the great student
volunteer convention at Des Moines
which closed January 4 have returned
to college. They are Miss Alice
Wood. Miss Delia Ingram. Ben Culver
Howard Wood, Mark Rich. Weston
Henry. Elvlro Albaladejo and Pro
fessor Van Osdel as faculty' repre
sentative. Sunday night they spoke
to a crowded house at the First Bap
tist church, and will speak at the
college chapel exercises four days
this week, giving1 summaries of some
of the great addresses of the con
vention. . Fossil Lodges Install.
FOSSIL. Or., Jan. 13. (Special)
At a joint - installation of Oddfel
lows and Rebekahs, held in the Odd
fellows' hall Saturday evening at Fos
sil, the following officers were in
stalled for the com In it sir mnr.,1...
Noble grthd. C. M. demons; vice-
grana. w. u. Trill; secretary, B. Gaff
ney; financial secretary, Charles Mor
ris; treasurer. John Van Horn. Blue
Mountain Rebekah lodge N o b 1 e
grand. Mrs. D. Fleury. vice-grand.
Mrs. J. Hughes: secretary, Marjory
Nevins: financial secretary. Mrs. Wal
lace Trill: treasurer. Mrs. J. Clemmer.
After the installation an elaborate
banquet was served by the Rebekahs.
MnmHiniiiiiHirtnimiiuiMiitniiiitiiiiiiiiiHitMimiin:
A
Glove Special
At $1.65
Dent and Oliver Gloves in
Cape and Suede.
Several colors All sizes
Sam'l Rosenblatt & Co.
GASCO BLDG.
ENTENTE SCHEME TO GET RIG
LOAN FOILED.
Nations Now Have Notice Thai
America Cannot Finance
Powers Indefinitely.
(Copyright by the New York World Pub
lished by ArranKnient.)
LONDON. Jan. 1.1. (Special Cable.)
Herbert Hoover's frnk statement
on the European financial and econ
omic situation came at a particularly
timely moment, as It is understood
the reassembled peace conference of
Britain, France and Italy in Paris was
contemplating putting forward a joint
demand on America tor large finan
cial help.
They now have notice that Amer
ica cannot make herself responsible
for the financial commitments of
powers which are maintaining huge
military and naval establishments, or
for states which are fighting each
other or planning to fight each other
14 months after the armistice is
signed with the enemy.
Returns published here show that
in the past six months nearly $1,500 -000.000
capital has been provided for
new British industrial concerns, and
the amount is still piling up at the
rate of nearly $5,000,000 per day.
CITIZENS TO AID POLICE
Vigilance Committee Formed to
Combat Reckless Driving.
Establishment of a vigilance com
mittee of nearly 250 Portland citizens
to co-operate with the police and
other authorities In combating traffic
violations and prosecuting violators
was announced yesterday by H. P.
Coffin, manager of the Safety First
council.
Members of this committee will re
port violations of traffic laws and
do everything possible to bring of
fenders to Justice.
An appropriation has been secured
from the city council and a plan has
been outlined for a three months'
campaign against reckless driving to
be known as a campaign of safety,
beginning February 1.
Alleged Wife Murderer Held.
LOS ANGELES. Cal.. Jan-. 13. T. E.
ifeCann. whose wife was found dead
in her home here last night with her
throat cut and wrists slashed, was
taken into custody today and lodged
in the county jail. The sheriff said
McCann declared he slashed his wife
after she attacked him with a knife
following an argument over religious
differences.
British General in Portland.
.'V Qintiiis uii'u " ' ' ... .-
ton club yesterday was Brigadier
General C H. Powell of the British
army, who stopped in the city to call
on Saniuel Hill. The general is on his
. . Vmn.A t f n T 1 i T A nftpr KnenHinfir
v c 11 u" - - ' "
a year in the Siberian campaign. He
is a veteran of several wars.
Obituary.
HOOD RIVER, Or., Jan. 13. (Spe
cial.) Funeral services for Mrs.
Mary E. Savage, a pioneer resident of
the valley, who died Sunday morning
in Portland, were held here at St.
Mark's .Episcopal church today. Rev.
J. L. Hershner, a pioneer Congrega
tional minister, conducted tire service,
interment following at Idlewilde cem
etery. Mrs. Savage's husband. E. E. Sav
age, who died a number of years ago,
planted one of the first orchards in
the Belmont district. Later he erected
business property in the city. Mrs.
Savage is survived by two sous. Ralph
and Charles, both of Portland. Pall
bearers, all pioneers, wre: G. It. Cast
ner. W. J. Baker. P. S. Davidson. C A.
Bell Frank Chandler and Henry L.
Howe.
Funeral services for James Joss, a
native of Scotland, aged 63. a pioneer
of the fruit district, who died Sunday
night at the home of his sister. Mrs.
J. R. Steele of the middle valley, were
held today at the Anderson chapel.
Rev. W. H. Boddy. pastor of the Riv
erside community church, officiating.
ROSiJBUIvG, Or., Jan. 13 (Special.)
A
woven madras shirts in
sizes from 14 to 17. Good
clean up-to-the-minute patterns made
with soft French reversible cuffs.
See Window Display
on Fifth Street
Investigate Exceptional Shirts
Special at $2.95
It'll pay you to lay in a supply for
spring and summer.
NHIUltttMllllllimiHIItir
The Home of Hart Schaffner & Marx Clothes
Alfred Slippey, aged "6. who had
been a resident of the state soldiers'
home since June-15, 1914. died at the
home hospital Saturday evening. Tho
deceased was a member of Company
C 6, 55th Pennsylvania infantry, dur
ing the civil war. He is survived by
a daughter, who resides at Salem. The
funeral was held at Salem today.
EUGENE, Or.. Jan. 13. (Special.)
Mrs. Jane West, the oldest woman
in Lane count died at the home of
her son, John H. West, of this city,
today, at the age ot US. Resides her
son with whom she lived, ilrs. West is
survived by the following daughters
and sons: Mrs. Jane Elneharst, of
Canada; Mrs. Anna Walker, of Pleas
ant Hill; Mrs. Elizabeth Short of
C;inaila; Mrs. Mary W. Brlstow, of
Montana, and William West, of Nyssa.
Or.
Mrs. West was the grandmother of
Amos West, young banker, who died
a few days ago at his home here.
While not a pioneer. Mrs. West had
lived in Lane county many years.
VANCOUVER. Wash., Jan. 13. (Spe
cial.) Georce Goddard. nearlv 72
years old and a pioneer of this county, '
AS THE HOURS -PASS
THE COMING OF BABY
DRAWS NEARER
ARE YOU PREPARED?
"TT is natural to think of the expectant mother's
influence upon the unborn babe. Her food,
her habits, her hygiene, and even the condition
of her mind, all have a part in determining the
well-being or ill-being of her infant before birth. .
No one can be in doubt that the months which pre
cede birth are of vast importance for the future of the
child. It is therefore necessary that the expectant mother
prepare herself. Mother's Friend gives comfort to expectant
mothers by softening and making elastic the muscles dur
ing the anxious months before maternity.
THREE GENERATIONS
of mothers record the virtue of Mother's Friend for not
only allaying distress in advance, but for assisting nature in
assuring a speedy recovery for the mother. It renders the
abdominal muscles pliant as they readily yield to nature's
demand for expansion. As a result, the nerves should not
be drawn upon with that peculiar wrenching strain.
Mothers Friend
Used externally
Write for special booUct on MOTHERHOOD and BABY, free
Bradfield Regulator Company, Dept. A-22, Atlanta, Ga.
It Aids Nature
Chamberlain's Cough Remedy relieves
the lungs, liquifies the tough mucus and
aids in its expectoration, allays the
cough and aids Nature in restoring the
system to a healthy condition.
Great
Shirt Special
at
$2.95
They Were Bought
to Sell for $4.00
beautiful line of fine-
FIFTH AND ALDER
died today at nome on Salmon
Creek, seven miles north of Vancouver.
He was a native of Iowa, but had
lived in this county more than 30
years. His wife, Mrs. Elizabeth E.
Goddard, two sons. J. E. Goddard in
the east and G. W. Goddard. a
daughter. Miss Laura Goddard. at
home survive. He also had two
brothers. Dr. H. S. Goddard and J.
Harvey Goddard of this city, and a
sister, Mrs. M. L. Allyn of Goldendale.
Wash.
The funeral will be held from the
Knapp funeral chapel Sunday after
noon at 2 o'clock. Rev. J. B. Stark,
Methodist, officiating, and- interment
will lie in the Goddard cemetery on
Salmon Creek. He gave the land from
his farm to establish this cemetery.
OREC.ON CITY. Jan. 13. (Special.)
Mrs. Mariem C. Jepson. wife of C.
Jepson of Mulino, died at the family
home yesterday. Mrs. Jepson was a
native of 1'enmark and came to the
United States 30 years ago. She was
51 years of age. Mr. Jepson and five
children survive. Funeral arrange
ments await word from a daughter
who resiiifs in Arizona. Interment
will be in the Zinn cemetery at Canby.
At all Druggists