Morning Oregonian. (Portland, Or.) 1861-1937, February 28, 1920, Image 5

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Morning Oregonian., February 28, 1920, Page 5, Image 5

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Newspaper Page TextTIIE 3I0RXIXG OREGOXIAX, SATURDAY, FEBRUARY 28, 1920 5 v PLEA FOR ' . PUNISHIVIEWTFILED Ample Safeguards Provided, Says Committee. WEAK SENTIMENT IS HIT Amendment Provides for Disposi tion of Those Who Kill De liberately, Xot in Anger. PALKM. Or.. Feb. 2" Special.) The contention of so-called sentimen talista that all criminals are mentally sick and should be coddled and cure Instead of being1 made to pay th pen alty for their crimes, is not based on sound logic and is ridiculed by th leadinc criminologists of the country according to the argument favonn capital punishment filed with the sec retary of state today. The argumen was prepared by Senator B. L. Eddy, of Douglas county, and Representa tives K. K. Kubli and David F. Lof pren, of Multnomah county, and will be printed in the voters' pamphlet. The strongest argument against capital punishment, according to th legislative committee, is usuau based on Christian teachinps as found In the Bible, In combating this ar cument the committee says: Jesu condemned private vengeance, not the venereance of the civil law. Besides. a Christian accepts the old testamen as well as the new. Some seem to huve forirottcn that when human gov. ernment was established under Noah and his sons. God ordained that Who sheddcth man's blood, by man shnil hi hlood be shed.' This was never reoealed. It was not a Jewish ordinance. It was promulgated cen tiirirs hefore there was a Jew on earth and was for all mankind." The argument, as prepared by the committee and filed with the secre tary of state follows: Snate joint resolution No. 8 proposes to amend the constitution of the state of Oregon by striking out the amendment adopted in which abolished capital nnmshmptiL or the death penalty to. rrimn. and orovided that the maximum punishment which may be inflicted shall ha tif tmnrisonment: and by aaaing new provision, namely, that the penalty for murder in the first degree shall be death, except when the trial jury shall In Its verdict recommend life imprisonment. ( m-hih cisa the Denalty shall be life imprisonmnent. Cold-blooded Cases Considered. The proposed amendment Is easily un derstood. let us remember the crime with which we are dealing-. Murder in the first decree Is defined in the Oregon criminal .-rwt n follows: "If any person shall purposely, and of deliberate and premedi tated malice, or in the commission or at- umnt t mmmit anv race, arson, robbery, or burgUry. kill another, such person shall be deemed guilty of murder in the first degree." w- nrrt that those who are u quainted with this definition, and who are disposed to vote again si caiii un Mo ment, read it again, and be sure that ail Its elements are mentally grasped. The hmtifwd amendment has nothing to do with the act of one who slays his fellow fn the heat of passion, or who is mentally Incapable of deliberation or premeditation n.i nni in the act of committing another ..-n..a -rim it is oroDosed to affix suitable penalty to deeds such as that of the murderer Johnson, who with deliberate premeditation and .malice, and in cold blood, slew his benefactress. Mrs. Free man, who had procured his parole from prison. We assume that the memory of that case ts In the minds of all who will tead these words. Trior to 1914 the constitution contained no declaration upon the -ubject of capital punLshment, but the It uture had power to prescribe and did prescribe the punish ment of death for murder in the first de gree. It was the purpose and effect of the amendment of 1114 to take this power from the legislature. The amendment now proposed will amount to ths, that when a jury finds a person qullty of murder in the first degree, the punishment shall be death unless the Jury shall recommend life Imprisonment, and then the penalty .hall be life imprisonment. This gives the Jury a power which it did not have when rapital punishment was formerly In force. This new provision means that the Jury hall have the constitutional power to say, in el feet, that because the defendant is convicted on circumstantial evidence, or there Is a possibility that there was per jured testimony, or becauso the character of the defendant appears to be such that rencntance and reformation are reasonably assured, or that because of any other rea son, the ends of justice will be satisfied and society sufficiently protected by life Imprisonment. Reason Beralred. Of coarse the Jury will not he required to give any reason whatever for Ha rec ommendation of the lesser penalty. This throws a great safeguard around the In fliction of the death penalty, and should Mtlft'v the jtcmple of those, for evampl I NOW mag IP5 Hi 9 -a i Vfil who point out that occasionally an Inno cent man has been hanged upon circum stantial evidence. Experience shows that the average Jury ts chary of sending any man to the gal Iowa Under the operation of this proposed amendment in only the clear and flagrant cases will the Jury fail to recommend life Imprisonment. Capital Punishment Effective. While the finer sentiments of the human race strongly oppose brutality, in all Its formsand the thought of capital puntoh- thought of brutality and arouses the finer sentiments let us not be weakly senti mental. Let us not lose sight of the brutal methods employed by the cold blooded murderer in destroying the lif of the innocent, or of the fact that the punishment Intended to be inflicted for the crime of murder, is not so much to wreak vengeance as it is to destrov the power of the murderer to commit further capital crimes. Sentimentality should not outweigh jus tice; lif fa oar to all of us and shoul oe safeguarded and protected to the full est extent against the brutal rnlri-hlnnHri murderer. Under this pro Dosed amendment a person who wilfully commits murder writes mm own doom the state mere executes the judgment." The amendment Drovidine- for re storing capital punishment in Oregon will be submitted to the voters at the special election on May 21. Ar guments against the death penalty also will be printed In the voters pamphlet 'prior to the election. REP OF ARSON FEARED DAYGER FROM SCGAR PLANTA TION STRIKERS LOOKED FOR. T GOES ON VISIT FREXCH LEAVE' TAKEX FROM SALEM TO GO TO PORTLAAD Search Ends When Foster Phones He Will Return Voluntarily, Lonesomeness Causes Act. SALEM. Or., Feb. 27. (Special.) A. B. Foster, who was committed to the state penitentiary September 16, 1919, to serve an indeterminate term of one year to 13 months for the mur der of Lawrence G odd ell, a hotel clerk in Portland, walked away from the state tuberculosis hospital some time last night and went to his former home, where he visited a few hours with relatives. He was missed by the hospital attendants this morning:, and guards were assigned to search for mm. . Just before noon a telephone mes sage was received at the penitentiary stating that Foster was returning to Salem. He explained his absence by stating that he became lonesome and wanted1 to see his sister, who resides in Portland. Hi return here was vol untary. Foster is afflicted with tuberculosis. and was transferred from the prison to the tuberculosis hospital in Jan uary of this year. COLLUSION IS ALLEGED Paving Contract Ordered Canceled by Washington Bureau. TACOMA, Wash., Feb. 27. The state bureau of inspection and super vision of public officers today ordered $60,960 paving contract between Pierce county and the Independent Asphalt company canceled because of alleged collusion of bidders. The order was handed to Prosecuting Attorney W. D. Askren. The report of the bureau declares that testimony of officials of the In dependent showed that three paving concerns agreed to split the profits on the bid. The contract was one of the first awarded in the county's $2,500,000 paving programme for wnicn oonas were voted last year. Eviction of Workers From Houses Gires Evidence of Incendiarism Through Nine Fires. HONOLULU, T. H., Feb. 27. (Spe cial.) Hawaiian sugar planters fear that a reign of arson in the cane fields of the islands will be in effect shortly now that it has been decided to evict the strikers from their plan tation cottages. Already there ie evidence in the setting of nine fires in seven different sugar cane fields on the island of Kauai, where 90 acres of cane have been burned. Two strikers have been arrested in the case. Since the Filipinos went on strike In January there have been numer ous small cane fires of incendiary origin. Roads on Oahu are cluttered up with Japanese families moving away from their plantation homes. Every form of vehicle is being utilized from the "flivver" to the wheel barrow. While the Filipino strikers are rather short of funds, the Japanese appear to be well financed and their leaders boast that they have enough cash on hand to carry on the strike for one year. It is apparent that the strike has developed into a racial fight between the planters and the Japanese with the Filipinos being mere catspaws of the Japanese. CO-ED DEBATERS WIN Men's Team at Pacific University Defeated in Final Clash. PACIFIC UNIVERSITY. Forest Grove, Or, Feb. 27. (Special.) The intramural debate series closed last night with a victory for the Kappa Delta literary society. The young women defeated the Alpha Zeta men's team, which upheld the affirmative of the question, "Resolved, that the present wave of anarchy in America is due to unjust labor conditions in this country." The members of the inning team were Margaret Martin. Forest Grove, and Maud Barrett, Bridgeport, Neb. The men's team was Julian Fenenga, Forest Grove, and Glen Sheeley, Vernonia. The question is the one to be used n the women s debate in April be tween Willamette and Pacific The local tryout for this occurs next week. Accnsed Slayer Acquitted. CALDWELJ Idaho. Feb. 27. (Spe- lal.) Bertram Dresser. charged with murdering his father-in-law, Prince Bennett, in this city last August, was acquitted by a jury after 30 minutes' deliberation. Bennett was killed In a ecuffle for possession f the gun and doubt existed as to whether Bennett or Dresser was re- ponsible for the shot which Killed Bennett. Phone your want ads to The Orego- Ian. Main .070. A 609:.. LUMBER PRICE IS LOWER Car Shortage Fails to Prevent Fall in Quotations. HELENA. Mont., Feb. 27. In spite of a car shortage which is affecting umber production in the Northwest. prices have dropped materially in the last rew weeks, according to H. L. Sherlock, assistant state forester, who recently returned from a trip through western Montana. The estimated re duction in lumber prices is put at 20 per cent by many dealers, Mr. Sher lock says. The drop in prices, he said, is due to the greatly increased production which was caused by ideal weather conditions for logging this winter. DATA ON U. S. ARE STOLEN Safeblowers at Seattle Take Papers but Leave Money. SEATTLE, Wash., Feb. 27. Rob bers blew open the safe at Fort Ward, near here, during the night, and stole government papers and data, accord ing to reports telephoned here. Money in the safe was not touched. Forestry Official Promoted. That boy of yours is thinking that it's about time for a new SUIT There's a pleasing and a satisfactory solution to the clothes question at this store, and that is Wearpiedge Insured Clothes for Boys Read this extract from the policy issued by the makers of Wearpiedge clothes; its every guaranty wll be fully met in every Wearpiedge garment that leaves my store: ' "This Policy INSURES' the reasonable life of the WEARPLEDGE Suit or Overcoat under the number appearing hereon. "Should the garment, during its reasonable life, fail to give complete satisfaction, from the standpoints of Wear and Workmanship should the materials or the linings not live up to their promise of satisfac tion RETURN IT TO THE STORE WHERE PUR CHASED OR TO THE MAKERS, AND A NEW SUIT OR OVERCOAT WILL BE GIVEN IN EXCHANGE. i "This Policy is issued as a complete assurance from the Dealer and Manufacturers that WEARPLEDGE Clothes are the safest, sturdiest garments manufac tured. They back their belief by this substantial promise to make good any Suit or Overcoat that fails to SATISFY COMPLETELY." Wearpiedge Insured Clothes for Boys Are Sold in Portland Only at My Store Second Floor. en Selling J4arriscitreet al fourths NEW TODAY MARY PICKF0RD "HEART 0' THE HILLS" rHE THIRD riCTTJRE FROM HER OWN STUDIOS ADAPTED FROM THE FAMOUS NOVEL BY JOHN FOX, JR. n Here's the same beloved y Mary Pickford in an rfP'fea. t entirely new role, ArAjfiaii that of a mountain fTKjJTjJ girl fighting her sSiS'''- feudal battles ""' or nobody." COLUMBIA !fffi QUARTET f .n-r (-- - -- ' - DOORS OPEN AT 10:43 A. M tional forest, announced today that he has accepted the position as super visor of the Malheur National forest. He will have headquarters at John Day and will leave here the first week in March. An Increased salary and larger territory go with the new posi tion. J. C. Kuhns, supervisor of the Wenaha National forest, will have chare-o of the work here upon Mr. Cryder's departure. quarantined for the influenza and one for the smallpox. The total number of residences quarantined during the whole epidemic was but 59. New Manager for Centralia. CENTRALiTA. Wash.. -Feb. 27. (Special.) F. W. Olsen has-been ap pointed manager of the North Pa cific Public Service company in Cen tralia and Chehalis, succeeding M. C. Hancock, who has been promoted to the management of the Aberdeen and Hoquiam gas plants of the company, and who leaves for Grays Harbor county Sunday. Mr. Olsen was at one time connected with the Centralia Chehalis system and for a number of years past has been superintendent of the Aberdeen-Hoquiam plant. Odd Fellows Convene Today. PENDLETON. Or.. Feb. 57. (Spe cial.) Odd Fellows from 18 lndpes In Umatilla and Morrow pnuntira will gather tomorrow at Milton for the annual district convention, the first held since the United States entered the war in 1817. Initiation of a lam class of candidates and a banquet will be among the attractions. Jtead The Orepnnlan rlntftid nd. i STARTING TODAY Four Days ONLY "A SCREAM IN THE NIGHT" Out of the darkness leaped the phantom figure ? ? ? ? ? ? THRILLS ! ROMANCE ! ADVENTURE ! Influenza Situation Improved. LA GRANDE. Or, Feb. 27. (Spe- PENDLETON. Or., Feb. 27. (Spe- cial.) The influenza situation is cial.) W. W. Cryder, for the past six 1 much improved in La Grande in the vears in charge of the Umatilla Na-past week. Only five residences are n w t r-w Famous Cm $t n Stage i i t I 1 is5 r iSit "V A breezy satire on New York society. 1 Studio scenes, beautiful gowns, society "stunts," romance and love. It is undoubted- j ly the best offering of the week in Portland. i jf i Portland's COLUMBIA ORCHESTRA Best-Ventilated Director Knowles has arranged a score , Theater that fairly sparkles with lively, bright ' numbers, ranging from the latest "hit" (tI3CTr!WW i ll to "Caprice Vienois." ' ffCmXi I I J ORCHESTRA MATINEE 2:30 to 4:30 ... lrt jAigH It beats the night line. (i I'rmSrm- l BEGINSl " )4fw4' llfe J' si A startling, lavishly produced pic- VJ lf7fH J 1 I 4v Si ture far greater than any of Miss , 1 rt ,jifjV fl '-VVj"-;f f " ' -V.-" st Young's former productions and "vJ i "V;iW. j& , 'Hl VW ' ' If one that marks the era of superb ; f SwiSi t i At j achievement in the silent drama. V' I fi sifrtr -ftV"' i ; Miss Young's magnetic personality ry ll'f M " ' t1 -(f ' l f j and alluring beauty add life-life ( "J f IW'lvlL Vj t JL 2 I vividness to this lavish production. "pJf VrfiPVr Jp f i ' 1 Gorgeous gowns and elaborate set- .if fiimA ja i ' L'v i1- lit r tins dePict in ful1 e luxury of ifty Lifl -dfcW' ' lyiu J K-VIF i wealthy Parisians. l'4i mil Ik , : Jr AS- ' k 4Wlk''Fi 5 ' See this startling revelation of night j I M jFPfl ' '54T A;i1 S life in Paris-all iU emotion-pas- R Jft IL'Ji M V .,:JVS j siou and wickedness. L ' i X f&h t I , HAROLD LLOYD fa I fWkS3S&v l-'"$wMhi f In His Fourth $100,000 -ItiV if I I ttVXM.v -" . t "His Royal Slyness," is funnier i Ja;MWSpi ' " rtllJL ' 1 , than ever. Lots of shapely maidens f i J ! Icwj iimSK J.'kf'f" ifd fullof jazz n'everything. "Bumping W t SrsCh" t'iVSSft1- ' '4 'A Vi into Broadway," was good; "From I 1 - I SmSi SMV. n A( Hand to Mouth" was better, and- f 1 fjlPW vfeS1 "itl l'f44 ' " ?S 1 "His Ryal Slyness" is best. j jj !PJyn-4ii PATHE NEWS Ail ? 'S',T,TGJ- H Cecil Teaue at the Wurlltzer renders an orljr- " HXi A b' X I X T yti0 9 'nal accompaniment which is Inspiring and a , 7- i t 1 Xwjj ' -',v B vivid musical interpretation of this soul-stirring ( JSt'-i 1 AJ U K X"5 f SXDAV COXCERT lao P. M. '1 ill H W A I I Hanin'HangaVnVA.VAV.V.V.VA.'.VXv'hitinB 5. Xi I I I ra ; ' f l Quartet, "Rigoletto" Verdi S ill I WV 'V'.o-i.- k.. ,- BMrttji ratches Roberts MMaaMI-Mfca-aG l-a-fl colnial sng" ''' fll I) DIRECTION OP J EM-SEN AND VON HERBEffQ jj JJ