-.. , ...;--..:. - . r -V .-"- -e--; . : "PRICE FIVE CENTS VOL. LIX. NO. 18,506 Entered at Portland ( Ore if on) Pvto'ffee an Second-Class Matter. PORTLAND OREGON, THURSDAY, MARCH 18, 1920 qmiATP R T Til q F q advance in gasoline 'fflPP FLEES; REDS OLD IRISH SAINT IS E TAX CUT WEALTHY STOWAWAY IS PORTLAND RADICAL JOHX REED CAUGHT SMUG GLIXG PROPAGAXDA. ORDER PAYS $350,000 FOR BECK BULD1NG ulimil iili uulu pRCE is ATTACKED HONORED IN GOTHAM: TO DECLARE POLICY HOST OF ERIX'S SOXS AXD DAUGHTERS IX PARADE. IXMBERMEXS TRUST SIGXS 15- STANDARD COMPANY TOLD ITS REASONS ARE INADEQUATE. , TEAR I-EASE WITH ARTISAXS. DIVORCE BLAMED ON 'MONEY KINGS' HaUUIII BARRICADE BERLIN : V J 't- Luettwitz and Troops Quit Capital in Haste. REBELS TO BE ARRESTED Noske Issues Orders to Cap ture Revolt Leaders. RED TERROR IS FORECAST Strike Ties Cp Capital; Suspen sion of Utilities Helps to De feat Attempted Coup. BERLIN'. March 17. (By the As sociated Press.) Wolfgang Kapp has fled Berlin, leaving the, chancellory In an automobile at 6 o'clock this evening. It ia stated that the communists are constructing barricades at many places in the northern and northeast ern sections of the city. The leaders of the general strike have issued a proclamation saying: "The general strike of the railway men has been completely successful and therefore it is suspended forth with." Rebel Troops Leaving. Troops commanded by General von Luettwitz. which have been support ing the reactionary revolt in this city, will ha-e left Berlin by Thursday evening at the latest, according to an announcement by Dr. Hirsch, PrusT sian premier. Security guards and loyal regular troops will then take over contiol of the capital. PARIS. March IS. Orders for ar rest of Dr. Wolfgang Kapp, who as sumed control or German govern mental affairs in Berlin last Satur day; General von Luettwitz, his mili tary lieutenant, and other leaders in the reactionary revolt were issued by Gustav Noske, minister of defense of the Ebert government, last night, ac cording to a Zurich dispatch to the Petit Parisien. BERLIN", March 17. (By the Asso ciated Press.) The resignation of Chancellor Kapp and his chief offi cials is confirmed by the following official announcement: "General Provisional Director "app has retired with the object of bring ing about internal peace. General von Luettwitz haa retired for similar reasons. "The vice-chancellor, in the name of the imperial president, has accepted the resignations and has entrusted Major-General von Seecht with the provisional conduct of affairs as commander-in-chief." After holding the reins of power for less than five days. Dr. Wolf gang Kapp, self-appointed chancel lor and dictator, has retired from office and control. He resigned to day, and an official communication explained that the chancellor consid ered his mission fulfilled when the old government decided to meet the most essential demands addressed to it. He was also moved to this action by the extreme necessity of the fath erland, which demanded union against tha dangers of bolshevism. The real circumstances of Kapp's retirement are still shrouded in mys tery.. An important fact undoubtedly is found in the deliberations of the nnder-secretaries and imperial coun cil yesterday, which Major-General von Luettwitz attended. The views of this conference were that both Kapp and Von Luettwitz withdraw in order to terminate an intolerable po sition. More Trouble May Follow. Von Luettwitz agreed to this, but when he returned to the chancellory he allowed himself to be persuaded to change his mind and retain office. To him has been delegated the ex ecutive power by the former revolu tionary chancellor and it Is difficult to say what will happen now that Von Luettwitz remains military dic tator ot Berlin. It Is reported, however, that Gus tav Noske, minister of defense in the Ebert government. Is coming here tonight and Von Luettwitz perhaps will transfer his new-found author ity to him. In conference with the foreign cor respondents yesterday, Kapp's press chief made play with the bolshevist danger. In a second conference an attempt was made to conceal the fact that the Berlin government was like ly to be of only short duration. Ebert Galas Strength. Although the general strike dealt this government a, mortal blow, the -decisive fact Is that Kapp and his supporters had no political prestige, their government being built only on machine guns. The statements made at these con ferences gave a strange Impression and caused a suspicion that the cry of alarm about the bolshevists was preliminary to the announcement of retreat. The chief of the press bu reau warned the correspondents against showing themselves in the streets, as a communist revolt was expected bonrly. That any kind of compromise is out of the question 'How Is undoubted. President Ebert of the old govern ment Is strongly entrenched at Stutt gart, where, according to seml-offi-' cial dispatches, the council' of the "President or Irish Republic" Re views Procession and Is Proud of Countrymen in City. NEW YORK, March 17. A mighty host of Erin's sons and daughters, I marching thousands strong in review before Eamonn De Valera, "president of the Irish republic" gave New Yark today Its most impressive St. Pat rick's day parade. Fluttering banners of green, white and yellow, the Irish trl-colors, waved in unison with the stars and stripes, and the marchers, cheering as they swept past the reviewing stand in weather "made to order," all com bined to make it a perfect day for champions of the Emerald isle. For the first. time in a St. Patrick's day parade there appeared a large delegation of Protestant friends of Irish freedom. Scores of banners bore Inscriptions typifying Ireland's Strug gle for freedom. A delegation of turbaned Hindus, representing the "Friends of Freedom from India," lent a novel aspect to the parade. As battalion followed battalion, the marchers singled out De Valera for greeting He later said the sight thrilled him and made him prouder than ever of the Irish in this city. The famous 69th regiment, formerly the 165 infantry of the Rainbow division, headed the column and re ceived an ovation. Behind them marched various Irish-American civic and patriotic societies of New York and others from New Jersey, Con nectlcut and Pennsylvania. Escorting State Supreme Court Jus tice Daniel F. Cohalan, grand mashal. was a mounted guard of honor con sisting of 69th regiment veterans, all of whom had been cited for valor on the battlefields of France. The old Irish flng- of green, with a harp of gold, was conspicuously ab sent in the parade, except for the Tip perary men's organization that car ried it, flanked by the Stars and Stripes and the colors of the Irish republic. It took almost three hours for the marchers to pass the reviewing stand. BODY FOUND IN TRUNK Xew Britain Man Said to Have Confessed Murder of Wife. - V NEW BRITAIN, Conn.. March 17. The body of Mrs. George Evans, aged 20. was found by her sister, Mrs. Al bert W. Powell, in a trunk in her rooms today. She had been strangled apparently by reins from a toy horse belonging to her 4-year-old son. Mr. and Mrs. Evans boarded with Mr. and Mrs. PowelL Evans was discharged from a hospital yesterday and disappeared. He is 26 years old. NEW TORK, March 17. A man taken to Bellevue hospital late to day after having attempted suicide at the Park Avenue hotel is alleged by the police to have confessed that he is George Evans and that he stran gled his wife at their lodgings in New Britain, Conn. The man had cut his throat with a piece of bottle glass and taken poison. Two detectives heard his story. WIFE FIGHTS FOR HUSBAND Aged Indian s Spouse Resents Charge of Kidnaping Consort. TOPEKA. Kan, March 17.-K:harg ing a conspiracy on the part of three government agents to alienate the affections of her 70-year-old husband, Jackson Barnett, a rich Indian, Mrs. Anna Laura Lowe Barnett today filed an answer and cross-petition in the supreme court. The three agents named are Cato Sells, commissioner of Indian affairs Gabe E. Parker and James C Davis. Barnett and Mrs. Lowe were married in Coffeyville last month. The gov ernment agents , have charged her with virtually kidnaping the aged Indian. Mrs. Barnett petitioned the court to grant a restraining order to prevent the federal Indian agent from inter fering with the liberty of Barnett. GIRL IS ELECTROCUTED Child Killed When Playing In AI bany School Yard. ALBANY, Or., March 17. (Special.) Grace Lochner, 14 years old, was in stantly killed today at the McFar- land schoolhouse on the Pacific high way four miles south of Albany. In running about the school yard she fell against a guy wire anchored at the corner of the grounds and in some manner this swung against the high tension power line carrying elec tricity from Springfield to Albany, and the girl was electrocuted. Grace Lochner was the youngest child of Mr. and Mrs. William Loch ner, was born near Tangent and had lived in Linn county all her life. Be sides her parents she is survived by seven brothers and sisters. ORPHANS IN NEED OF HOME Hoqnlam Friends Take Interest in Mrs. Xewberry's Little Ones. HOQCXAM, Wash., Marsh 17. (Spe cial.) By the accidental death of Mrs. Amelia Newberry, who was killed a few days ago in Portland by an auto, three small children are left orphans. Local friends are trying to find a horns for them. ' The family lived in Humptulips, near here, for many years. The father HELD IMPOSSIBLE No Relief Now in Sight, Says Mr. Houston. CHANGE IN SYSTEM DESIRED Simpler Procedure With Flat Tax Provision Urged. PRESENT LAW UNWIELDY Secretary Apprehensive Regarding Future Unlejss Congress Takes Action on Matter. WASHINGTON. March 17. Income and excess profits taxes cannot be reduced until after 1922, Secretary Houston today wrote the house ways and means committee, urging simpli fication of these taxes and substitu tion of a flat tax on gross profits in stead of the graduated rates of 20 and 40 per cent. Only very moderate reductions may be made in the calendar year of 19 collected in 1923. the secretary wrote. Under the plan of a flat tax, the let ter stated, "it would be possible to adopt a declining rate, say of 25 per cent for the first year in which the change is in operation, 20 per cent for the second year, and v 15 per cent thereafter." Action by ConRreas Treed. Unless action is taken at the pres ent session of congress, Mr. Houston said. -".existing taxes "must continue to be collected on the basis of the present law until the close of the cal endar year 1922." Such a condition he wrote, "is contemplated wun tna gravest apprehension." Immediate losses to the government under the supreme court decision that stock dividends are not taxable will annroximate J105.000.000, the letter stated. Mr. Houston added. However, that the ultimate loss would be only $25,000,000, as much ol the original loss would be regained through the sale of stocks and subsequent taxes on them. The secretary estimated that 135.000.000 collected in 1918 would have to be refunded and 170, 000,000 would be lost on 1919 taxes. 2500 Corporations Involved. Aggregate losses for 191S and 1919 under exemption to personal service corporations will approximate 112, 000,000, involving 2500 corporations, the secretary wrote, adding that the need for immediate legislation to meet this situation arose "not so much from the possible loss of revenue as from the obvious undesirability of permit ting 2500 corporations and their stock holders to escape the taxes upon cor porations and individuals." Chairman Fordney of the house ways and means committee, comment ing on Secretary Houston's suggestion for a flat tax to supplant the present graduated system, said the repeal of the 12000 exemption granted under present income tax laws and the cre ation of a flat tax on all profits and Incomes would result in lowering the average tax from 22 per cent to ap proximately 17 per cent. Mr. Kitchln Protests. "Present taxes are based on the dis position of profits," he said, "while under the proposed flat tax there would be a straight assessment re gardless of the disposition of the tax able amounts." Representative Kitch in, democrat. North Carolina, how- (Concluded on Page 2, Column 2.) Tiny Films, Large Sum of Money and Gems Among Effects of Man Taken in Bunkers. LONDON, March 17. A dispatch to the London Times from Abo, Finland, says that at a preliminary bearing and under cross-examination the man arrested in a coal bunker of a Fin nish steamer bound for Swede recently asserted' that his name was John Reed, and declared that he was the editor of two newspapers in Ore gon. The man, who previously had given his name as Casgormlich and declared that he was an American, said he had arrived In Russia five months ago, ac cording to the dispatch. A dispatch to the Times from Abo Monday announcing the arrest of the man on board a Finnish steamer, said he had English, American and German passports and diamonds and money aggregating a large sum. Also there was found on him, according to the dispatch, soviet propaganda literature, cunningly prepared photo graph films, reduced to the size of postage stamps and a small compass. John Reed, editor of the Voice of Labor, said to be the party organ of the communist labor party in the United States, was indicted in Chi cago, along with a large number of other alleged radicals, last January charged with conspiracy to overthrow the government by forcfe in violating of the state syndicalism act. Previously he was reported to have sailed from New York on his way to Russia to join the bolsheviki. While In 'Russia, it was asserted, it was "his Intention to arrange for closer affiliatiou between the Rus sians and their sympathizers in the United States. Keed was born in Portland, Or., and is about 32 years old. He is said to be a close friend of both Lenine and Trotzky. In Feb ruary of last year he appeared before the congressional committee at Wash ington investigating propaganda and defended the Russian soviet govern ment. John Reed is a son of the late Charles J. Reed and Mrs. Reed, the mother still being a resident of Port land. The father was at one time United States marshal for the district of Oregon. Reed has not been in Portland much since he was graduated from the old Portland academy about 1905, when he left for Harvard, where he also graduated. His career has been an adventurous one, during which' he has traversed several continents. He was in Mexico at one time, when he wrote some personal interviews he is alleged to have had with'Pancho Villa, the bandit chief. About the first time that Reed fig ured in the limelight of things radi cal was during a big strike fostered and kept up by the I. W. W. in Pater son, N. J., during which Dr. Marie Equi of Portland, now under sen tence of two years to a federal peni tentiary and out on bonds awaiting the action of President Wilson on a pardon petition, went to that city and assisted the strikers. She was re cently convicted of violating the espionage act. Reed finally turned up in Russia, and with him Louisa Bryant, a Port land woman, who had been divorced from a Portland man. She is said to have been married to Reed some where since, but no one seems to know where this took place. She Is always referred to in communist la bor party circles as Louise Bryant. During the Russian revolution Reed and the Bryant woman were in Mos cow and other places in that country, and upon their return to the United States both wrote material concern ing conditions there. Reed wrote a book entitled "Ten Days That Shook the World" and other propaganda matter. He was in Portland for a time. (Concluded on Page 2, Column 2.) PERHAPS THIS IS THE REASON HE 7T Company to Take Ground Floor of Six-Story Building and' to Ex pand Business Considerably. After several weeks of negotiation one of the largest and most involved downtown property deals of recent years was closed last night when th six-story Beck building at the north west corner of Broadway and Oak streets was purchased by the Order of United Artisans from the Beck In vestment company. , At the same time a 15-year leas on the entire ground floor of th structure was taken hy the Lumber- mens Trust company. The amoun involved in the purchase and lease is said to total more than 600,000 Although the purchase price was not made public, it is understood that the Artisans paid between $354,000 and (360,000 in cash ' F. E. Taylor, president of the F. E. Taylor company, represented the Beck Investment company in the negotla tions. and Joseph M. Healy acted fo the Artisans. Leon H. Bullier and Chester A. Moores of, the F. E. Tay lor company, and Clark D. Simonds participated in the lease negotiation between the Lumberraens Trust com pany and the Artisans. The Artisans have occupied half of the top floor of the Beck building for the last ten years and, according to H. S. Hudson, supreme master of the oraer, win proDaDiy enlarge tneir own quarters and ultimately plan extensive Improvements. The building will hereafter be known as the Artisans' building, The decision of the Lumbermens Trust company to remove from Its present quarters in the Lumbermens building at Fifth and Stark to Broad way, presages an enlargement of Its field of activities considerably. It is understood that it will add a strong trust department and In addition will use larger space for the direction of its bond dealings through its Port land, Seattle and San Francisco of fices. Incidentally, its removal to Broad way, coupled with the purehase of the Elks' building at Broadway and Stark recently by the United States Na tional bank, will serve to enlar Portland's financial center and will bring Broadway strongly into the banking district. The Beck building was erected in 1908 and is considered one of the best built structures in Portland. It occupies a ground area of 9000 square feet with a frontage of 100 feet on Rroadwav and 90 feet on Stark. It is of steel and reinforced concrete construction with a facing of pressed cream brick, According to John A. Keating, president' of the Lumbermens Trust company, the new quarters of the company will be ready for occupancy by June, providing fixtures can be obtained in time. In this connection it is known that plans have been made for furnishings that will make It one of the best equipped financial institutions In the west. The officers of the Lumbermen's Trust company are: John A. Keating, president: C. F. Wright, senior vice- president; Carl S. Kelty, vice-president; John Dwight Neale, junior vice- resident: C. C. Close, secretary, and Ira T. Walker, treasurer. The Order of United Artisans is the wealthiest fraternal society per capita In America. It was organized in Port land 25 years ago and now has 11,500, 000 assets with a strong membership throughout the northwest. H. S- Hudson, supreme master, has been the active head of the society for 14 years, and C. L. McKenna, su preme secretary, was one of the founders. It has enjoyed its greatest growth under their direction. The board of directors consists of Judge Robert G. Morrow, F. S. Akin. Fred W. German, J. W. Mills, H. S. Hudson I (Concluded on Pare 4. Column 4.) IS NOT DELIVERING THE GOODS. Leaders of -Republicans Are Defeated. FUTURE WAR THREAT BEATEN Eight Irreconcilables Unite With 31 Democrats. LODGE RALLIES 25 VOTES Last Doubtful Issue of Treaty Fight Believed Swept Away. Final Vote Expected Friday. WASHINGTON, March 17. The re publican irreconcilables, combining with the democrats, overturned on the senate floor today the plan of re publican leaders to attach to the peace treaty a general declaration of Ameri can policy toward future European wars. The declaratory reservation which would pledge the United States to re gard with "grave concern" any threat to Europe's peace or freedom was voted down, 25 to 39, after the ir reconcilables had tried in vain to amend it Intended as an offset to the reservation denying the obllga tions of article 10, the proposal had been expected by the republican leader? to attract many democratic votes, but on the rollcall only two senators on the democratic side sup ported It. Speeches Limited to 13 Minutes. Disposition of the reservation was regarded as clearing up the last doubtful issue of the treaty fight and the leaders made plans to bring a vote op ratification Friday. By unanimous consent It was agreed to limit speeches on all other pending reserva tions to 15 minutes. About a dozen reservations remain to be voted on. but it generally Is conceded that none of them will.be adopted. As the ratification controversy n eared a conclusion, William J. Bryan began a series of conferences with democratic senators, throwing the weight of his influence against the advice of President Wilson that ad ministration senate forces vote against ratification with the republican res- ervationists. Bryan Discloses Finns. Mr. Bryan disclosed his plana to some extent tonight, speaking before the local Bryan Democratic club, when he said he would urge the party convention at'San Francisco to adopt a platform plank favoring amendment of the constitution so that a majority of the senate Instead of two-thirds could ratify treaties. A majority In each house of con gress could declare war. he said, and the treaty ratifying power was no more Important than the war power. Irian Question Laid Aside. ' Action on the declaratory reserva tion, which was introduced by Sena tor Lenroot, republican, Wisconsin, was reached, after the senate had ex tricated itself with some difficulty from the debate started yesterday on the Irish question. Two propositions intended to aid toward Irish lndepend ence were laid aside by Votes of more than two to "one, discussion on each f them being ended summarily by motion to lay on the table, not de batable under senate rules. (Concluded on Page 2, Column 4.) I Railroad Commission Demands I Explanation for Sudden Boost In Cost of Fuel. SAN FRANCISCO. March 17. The state railroad commission today branded as "Inadequate" the reasons assigned by the Standard Oil company of California for sharp increases I the price of gasoline and fuel oil. In a strongly worded letter to K, R, Kingsbury, president of the com pany, the commission demanded th he make full explanation to the pub lie regarding the necessity for the ad vances. The commission asserted that th Increase in price of crude oil wou necessitate an increase of electric and gas rates in California to a total o several million dollars, and declare that if private control of prices Is Ju tlfied. It must be "justified on th ground that this private control reasonable and that it is not undu or unfairly burdening the public." A copy of the letter was sent to Governor Stephens with a statemes that if state or federal authority did not exist to prevent continuation of these price Increases, the commlsslo believes serious consideration should be given to remedial' leglslatlo Copies were also sent to U. S. Webb, attorney-general of the state, an Mrs. Annette Adams. United States district attorney. The raise announced earlier In th day by the Standard was 25 cents barrel on fuel oil at the well and cents a gallon on gasoline. "The reasons given by you for thl Increase apparently are not base upon financial needs of the company, said the letter to President Kings bury. "You do not say that th Standard Oil company of Californl Is in need of additional revenue, but you give as your full reason for thl increase that there is a scarcity of o ail and that oil is selling in the east at higher rates than In California. CHURCH SPENDS MILLIONS Methodists Plan for Care of 750 Pensioned Minister. CHICAGO, March 17. More tha $15,000,000 will be spent by the Mcth odlst Episcopal church this year caring for its 7500 pensloni-d ministers and their dependents, according to a report made today at a meeting of the board of claimants. This sum probably will be Increase to $25,000,000 next year, It was an nounced. Bishop C. B. Mitchell of St. Paul was elected president of th board. U. S. ATTRACTS. MEXICANS Laborers in Large Numbers Are Crossing Boundary. WASHINGTON. March 1". The ex odus of Mexican laborers to the United States has grown to great pro portions. Entire towns are being evacuated, according to advices received here to day. INDEX OF TODAY'S NEWS Tha Wentlier. YESTERDAY'S Maximum tmprture. utl deRr; minimum, 32 dfRreet. TODAY'S Rain: aouihweattrly wlnd. For let. Chancellor Kapp fle'i Berlin. Page I. John Red, Portland radical, found In bunkers of steamer wtlh much money and semi and quantities of soviet lit- erature. Page 1. Allies occupy Constantinople without serious dlfdculty. Pago S. Dutch double guard on ex-Kalser. Page 2. Ebert government strong for peace. Pag Gigantic unions are all-powerful In Runala under soviet government, tags , National. Senate refuses to change treaty, rage 1. Admiral Sims says Ms appeals wrt lg nored by Washington. Page 7. California railroad commission ak reason for higher price ur oil ana ganoline. page 1. Income tax reduction impossible (111 alter says 8cretary Houston. Page 1. Hoover spurns democratic nomination In New Hampshire. Page 3. Senate committee to visit Portland In con nection with Investigation of Max It. Houser and grain administration. Page 4. Bryan not candidate at this time, he tells farmers. Page e. Domestic. Minneapolis goes strong for Leonard Wood. Page 4. New York has greatest St. Patrick's day parade In history of city. Page 1. Virginia instructs for Lowden at stormy session. Page 3. Pacific Northwest. 'Story of Opal" explained by professor of psychology as foster child rantasy. Page 6. 8peclal session of VTafhlnglon legislature plans to Ignore request for financial aid to schools. Page 10. ports. Portland boxing commission may stsgs card next Wednesday night. Page 14. Beaver skipper begins sorting talent with excellent prospects. Page 14. ' Meehan gets poor break In close decision. Page 14. Commercial and Marine. Wool-shearing under way. but buyers ar not In market. Page 22. Cash oats sell at record price at Chicago. Page 22. i Stock market closes strong and higher. Page 23. Exports of flour and lumber for week te be extensive. Page 2-J. f Portland and Vicinity. City council selects two of three film censors. Page 8. Order pays $030,000 for Beck building. Page i. Locations are chosen for Shrlns stands. Page 11. Zoning ordinance passed by city counoti by three votes. . Page 10. County commissioners mix over hid on St. Johns macadamising. Page 12. Witness in communist trial blames own divorce on "money kings." Page 1. Candidates for state legislature slow In coming forward. Page 12. Oregon-made wearing apparel attracts large attendance at luncheon. Pag 8 Carload minimum on lumber discussed by shippers and railroad men. Page V. Revival of "Mikado" at Hilig spirited Fred W. Fry Testifies in Communist Trial. DIRECTED VERDICT DENIED Case Likely to Go to Jury Late Today. "MASS ACTION" IS ISSUE Hurst Say Aim of Party to I'du rate Workers to Mule of I Ic ing "'Class Consclou." The money klnes of this city ar held to blame for the domestic trou bles which have wrecked the home of Fred W. Fry. one of the defendants In the criminal syndicalism trial which entered on Its third week In the court of Circuit Judge Morrow yesterday. "I could net prove this under oath at this time, but I know th capi talists of Portland cauned my wife to start divorce proceedings," waa the conviction of Fry, expressed In the course of his cross-examination by District Attorney Evans. He did not specify the names of the bourgeois whose villainy he felt certain had Impelled Mrs. Fry No. I to secure a divorce in Oregon City recently. With the formal admission by W. S. U'Ken, their attorney, that Karl W. Oster, state secretary of the com munist labor party, Cluude Hurst, lo cal financial secretary, and ry helped to ortcanlie, were members of and met with the communist labor party in Portland, Dut one Issue wai left In the caso yesterday afternoon. That Issue Involves the teachings of the communist labor party, hliould the Jury believe them to be lawful, advocating change of government through the legal procrsi-g of the bal lot, the defense will have won Ita case. Should tncy oe neio to urm revolution of blood and steel to es tablish the "dictatorship of the prole tariat." the defendants automatically would be guilty of violation of the criminal syndicalism statute of Ore gon. Dlrrrtrd veraiot iirnira. Defense rested late yesterday and the state waived rebuttal. Motion by the defense for a directed verdict was denied by Judge Morrorw. At the close of court U'lten was ar guing a question of law before Judge Morrow In which he contended that It was the duty of the trial judge to interpret for the Jury every bit of documentary evidence submitted by both sides, leaving absolutely nothing- to the discretion of the Jury. Hhould his position prevail Judue Morrow would Instruct the Jury that written evidence proved that the ronimunlst abor party threatened revolution by violence or did not, and th Jury which has sat for two weeks would become a rubber stamp. District Attorney Evans Is opposi ng the contention by asserting that the construction of teaching. of th communist labor party is a question purely for the Jury. Khould th de fense full to convince the court of th ogle of lis stand argument to th ury will follow. Earl F. Ilernard. deputy district attorney, will open and District Attorney Evans will close for the prosecution. U'lten will argue for the defense. Caae to Jury Tonight. The rase probably will go to th ury tonight, DiouKh If arRument con inues over too late In the afternoon, udge Morrow may not deliver final nstructlons to the Jury until to morrow morning. District Attorney Evan Is placlnf much reliance on the admissions of a witness for the defense, Victor J. Saulit, Oregon representative at th rganlxatlon convention of th com munist labor party, that th conven. Ion was satisfied that no matter hat candidates might be elected or measures passed by the communtnt abor party, that the capitalist class. r bourgeolse, would succeed in oust. rig the men from office and destroy ng measures by attacks in tha court. This, coupled with the assertion that he constitution, platform and pro gramme of the party all were drawa In the known presence of secret erv- ce operatives of the government, la eld by the prosecution to Indicate hat soft phrases In those document are only to hide the real purpose. On hese premises reference to mas ac tion and overthrow of government I he platform is believed to refer t something much more direct than ac tion through the ballot, as contended by the defense. Hunt Testimony Mugglaa. Though hi necktie flurried with far more violent scarlet than the on worn by Oster, Hurst, who testified for the first time yesterday, did not have the quick retort, clever eva. slons or presence of mind of th radi cal chief, Oster, on the witness stand. His word were alow and studied, hi phrases clumsy and poorly thought out. At one time Judge Morrow in terrupted his labored efforts to flni an answer to a plain question pro pounded by District Attorney Evan, to Insist on more rapid, Intelligent replies. As with other witnesses for th de fense. Hurst was quite positive that nothing In the platform or programm of the communist labor party ad vocated the ua of force., violence oi v ! r . - r-- ''. te. r . .. r ; . (Concluded on Pace 8, Column SJt died ot the influenza two weeks ago. dllgni. rage . (Concluded OQ Pag 8, Column 2.) '""V.'