TIIE 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