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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 17, 1920)
VOL., L.IX Js'O. 18,636 Entered at Portland (Oregon ) Poptofflce as Scond-Class Matter. PORTLAND, OREGON, TUESDAY, AUGUST 17, 1920 PRICE PIVE CENTS WEST TO REALIZE POWER -BESDUBGES Order of Governments 'Ahead, at full Steam.' AMERICAN SAILORS DISPLACING. ALIENS U.S. DENVER CAR STRIKE LEADERS SENTENCED , .. SEVEN UNION OFFICIALS GET ' ; 0 0 DAys I. JAIL. PRISONER TALKS MOB OUT OF LYNCHING HIM U.S. LEADS WORLD PITCHED BALL KILLS nDV TIPKFT A pi run Awn cunoTcmD uu i i iuil i ui FACES DR. LOVEJOY PERCENTAGE IX MERCHANT MARINE SERVICE GROWS. JAIL AT ST. CATHERINES, OXT., BURNET IN ATTACK. RAY CHAPMAN HIT IN HEAD BY CARL MAYS. GERMAN AND 01 GAMES t TIME, NOW, MOST OPPORTUNE Industries -of East Wavering Because of High Costs. HUGE SAVING 'POSSIBLE Harnesslns of "Water to Produce .Horsepower " Equivalent to 400,000, (foo Tons of Coal. OREGONIAN NEWS BUREAU, Washington, Aug. 16. At last the west is to commence realizing its water power resources. Conferences closing here Saturday between the federal water power commission and , representatives of the great hydro electric companies of the nation mark the actual beginning of the new order. What this portends for the west, and et-peeially the Pacific northwest, is problematical yet, b.ut is certain ulti mately to go into the highest indus trial figures. Federal government officials have met the financial and power interests oi the nation with the plain, out spoken word that the ortier Is now "ahead, at full steam." The policy of sealing the resources for some dim distant, future no longer prevails. The annual waste of the equivalent of more than 400,000,000 tons of coal in the western states is to be stopped as rapidly as the system for opera tion can be defined by the commis sion, as the financies at the right figure may be had, and as the market lor this enormous energy may be de veloped. Time Opportune lor West. Men with limited vision are able to sense enormous results for the northwest.- Just at the time develop ment of water power becomes im possible on publio domain and in navigable streams, the cobt of energy generated from coal is terribly high, Industries of the east are" wavering .because of these increased costs and the uncertainty of the future and the railways of the nation are pleading to be relieved from at least a part of the burden of transporting more .than a half billion tons of coal be tween producing and consuming points. A more opportune time for ine opening or me western power treasure could not be chosen and also a more positive guarantee could not be had that eastern industry will seek this western power as never before. At the week's conference held here it is uniair to say that any. great or immediate results were attained. This conference was to shape procedure under the law enacted by the last congress. At the initial meetings the subjects were the character of per mits that will be issued and the mere form of procedure. Final conferences will be held late this year to finish such considerations, and to take up all details of the rules and regula tions that must be framed under the law in' respect to the financial ar rangements. The law governs funda mental principles, but rules must" be formulated for execution of these. Portland Men Spokesmen. It is not the shaping of these rules that makes the event epochal, but. rather that the business interests of the nation are at last able to meet the federal officials, under the provl eions of a great law, and proceed for the' actual realization of one of the greatest assets ever given by nature to any people. It is this that should arouse the most profound interest of ' the northwest, which is rightly termed the hydro-electrio paradise of the known world. ' Two distinguished power men from Portland spoke for the northwest in the conferences. These were Franklin T. Griffith, president of the Portland Railway, Light & Power company and Guy W. Talbot, president of the Pacific Power Sc. Light company. Both of these men had a prominen part in the discussions, taking the role of leaders often. It seemed a fitting recognition of the fact that the Columbia basin, where they operate. 'possesses the greatest power potential of any-known river system. Mr. Talbot is at the head of the big Priest Rapids project on the Columbia river in Grant county, Wash., where it is planned according to information revealed during last week's conference, to build the na tion's greatesf power project Plans for this project carry with them more, than the mere development of power, because they Include the establish ment of industries to afford a market for the power output. Huge Savins; Possible. Figures which are accepted by both the government and the private power companies reveal the magni tude of the water power asset in the western states. California is credited with 9,250.000 horse-power, Washing ton with 9,500.000, Oregon with .7, 000.000i Idaho wit 6,000.000, Montana with 4.000.000 and Utah, Wyoming and Colorado with substantial totals. On this basis, the western group of states have above 40,000.000 horse power. If the table of conversion Six Out of Every Ten Men Now En- terlng Are Citizens, Says Ship pins Board Chairman. i "WASHINGTON. Aug. 16 An aver age of six out of eVery ten men who enter the service of vessels under shipping board control are American citizens. Chairman Benson announced today. The percentage is growing higher, he added. - ' According to the records of the New Tork office, the chairman said in 1917 only 10 per cent of the men below the grade of officer placed on 6hlpping board vessels were Americans, while during the last six months the aver age has been S5.7. "The time now has come when our American merchant marine should be put on a peace footing and every ef fort made to increase the proportion of American citizens in its employ ment." he said. "It is not the inten tion to delay operations or to cripple vessels for lack of American crews, but it is important that as fast as possible all foreigners should be re placed by Americans." OUTING SLAYING ACCIDENT "You Got Me. That Time," Victim Gasps to Playmate. MILTON, Or.. Aug. 16. (Special.) Melvln Olinger, aged 14, eldest son of Mr. and Mrs Jasper E Olinger, who 1. - '1 oKn. .1 1 . ; 1 1 c-.. ... 1 1 companion, was the victim of an ac- cident. it was learned today. Mr. Olinger and some boys, includ ing his four sons, went to the. moun tains for an outing the evening before. In the morning while the father was preparing breakfast at the camp the boys went out to shoot squirrels. While Melvin was aiming at a squirrel in the tree top, his cUurn, Manford Brittain. was near by oading a rifle. In raising the gun was accidentally discharged. The bullet struck Melvin in the left side as bis arm was upraised. Well. Britt, you got me that time. he said. "I'm going west." When his father reached his side he was dead. CE CAVERN DISCOVERED nennit TUjtir Rival Kiom.ih TTuii I , J - I ' I famous Cave. , HEPPNER, Or., Aug. 16. (Special.) I While on a Sunday outing triD on 1 UDDer Rock creek vesterdav. Countv I Agent L. A. Hunt, discovered a deposit of ice which "may rival the famous ice cave of Klamath Falls. In the Mount Adams country at a point where the Heppner monument high- way crosses Rock creek is a, large spring famed throughout that region for the low temperature of its water, Mr. Hunt and his party stoDDed for drink and while poking aroumi on the rocky mountain side above the spring Mr. Hunt felt a current of extremely cold air. He discovered It came from a big crevice in the rocks, clearing the loose rock and debris from the crevice to the depth of couple of feet, Mr. Hunt discovered the ice deposit. SCAFFOLD TO BE BUILT Execution Chamber Will Tie In What Is Now "Bull Pen." SALEM, Or, Aug. 16. (Special.) The new. execution chamber at the state penitentiary will be erected In what is now known as the "bull pen," according to a decision reached by Warden Compton. The scaffold will be of. permanent construction and will be equipped with two drops. The chamber will be sufficiently large to accommodate between 25 and 30 peo ple, and will be strictly modern. Warden Compton said today that actual work on the scaffold would not start until some person is re ceived at the prison under death sen tence. "I am not in the habit of crossing bridges until I reach them said Mr. Compton, "but nevertheless I have my plans completed, and pre diet at least two executions late this year." 15,558 VESSELS VISIT U.S. 37,398,184 Tons of Cargo Carried From First of Year to June 30. NEW YORK, Aug. 16. A total of 15.558 vessels, carrying 37,398,184 tons of cargo, entered and cleared United States ports during the six months ending June 30, the United States shipping board announced today. Among these were 9550 ships of American registry, which carried 60.8 per cent of the total cargo, as com pared with 42 per cent during the same period last year. SHIP RATES TO GO Passage From Japan to .United States Will Cost $300. TOKIO... Aug. 16. Trfcns-Paclfic passenger rates will be raised 20per cent September 15. it -was announced today. - The Increase will make the cost of first cabin passage from Japan to the United States (300. "WET" CANDIDATE WINS Advocate of Beer 'and Wines Nomi nated for Congress. TOPEKA. Kan., Aug. 16. Official returns from the Kansas statewide primary announced today show J. B. Billard, democrat and former mayor of Topeka, who advocated beer and light wines, won the nomination for' congress in the first district. SHIPPERS IN PACT Agreement Is Approved by Chairman Benson. 20-YEAR PERIOD COVERED Old Teuton Routes All Over World Are Included. N PIERS TO- BE COMMON American Company .to Act Agents for Hamburg Line and Vice Versa. ' WASHINGTON, Aug. 16. Operation ef American vessels on former Ger man trade routes to all parts of the world'has the sanction and support of the shipping board. Chairman Ben son declared tonight in announcing co-operative working . agreements reached between the American snip & Commerce corporation of New Tork the Hamburg-American ine of Germany. He declared., that the shipping Doara wouia wu ivn..t to seeine one of its constructive Dlans carried out." There is no German money in ine iTn.Hran end of the business, nor i there any agreement for German investment in any American com panies," he added. Agreement tor SO Yearw. The agreement is for 20 years and consists, the chairman said, of a gen eral agreement covering the prln ciDles to be followed: by the two con cerns and an operating agreement covering methods. In general, it pro vides that each party may participate with an equal amount of tonnage in such passenger and freight services as , entablLshed. whlcn win in dude those between the United ct,.. .nd Germany, ana ueruiduj and norts other than, of the ' unitea states. p, facilities, ports and effice or- gantzations of both companies are nlaced at the disposal of the service. Th American Ship & Commerce corporation is to act as agent ior ine Hamburg-American line in the-United states and the German company as agent for the American company in Germany, but each company may es- tabllsh offices In the country or ine other to supervise activities, ..cacn company Us to appoint its own agents outside of Germany and tne unitea States. Both Are Responsible. The Hamburg-American line may transfer any service to any one Ger man company for execution, and the American company may transfer service to any American company. but both remain responsible for the carrying. out of the services.. In the event of war between the United States and Germany provision is made to terminate the agreement and also to cover the contingency Concluded on Page 2. Column 1.) J I -r- EU X.i ! nnr -'2 .s I T ' ...-,"' T ' We Have Been Treated Most Un fairly," Declares Executive of Local Organization. DENVER; "Aug. 16, Seven member? of the executive committee of local i division 726, Amalgamated Associa tion of Street and Electric Railway Workers, which went on strike August 1, were sentenced to 90 days n the county jail for contempt today by Judge Greeley W. Whitford, in district court. They begarithelr sen tences at once. They also must pay the costs of court action, under the ruling. The judge denied the ' men a new trial. He also denied a motion for stay of execution of sentence. They were given 20 days In which to file exceptions to the court's ruling. The men. 'who were found guilty ten days ago of calling the streetcar strike in violation of an injunction, are: Henry Silberg. president; J. A. Parker, J. E. Barnett, A. Coffin, J. E. McKiddie, L. . Slegris and , S. H. Schoeplin. . ' Eight hundred signed applications from members of the union signifying their intention to return to work were filed by Counsel for the defendants during the hearing. "I have -but one request," said President Silberg as he walked .out of the courtroom. "Please don't taJte me to jail in a streetcar mania by strikebreakers. r "We have been treated most un fairly. We " have done nothing to be censured for since the strike was callled." MORE CHARGES EXPECTED Indictments In Shipping Investi gation Likely at Seattle. SEATTLE. Wash, AU4T. 16. Fur ther allegations against northwest shipping men. Investigated in connec tlon with war-time shipbuilding, may be considered by the federal grand Jury called for September 1, it was intimated today in the local offices of. the department of justice, bureau of investigation. Trial of 11 shipping men Indicted for alleged Irregularities in their work for the United States shipping board will begin in the United States district court here September 14. CATTLE DUTY STAYS OFF Canada May Permit..!!.. S. Sheep to Enter Free. OTTAWA, Ont Aug. 16. Cattle from the United States may enter Canada free of duty for another year, Dry S. F. Tplmle, .minister of agri culture, stated today. He also said that an order in coun cil probably would be passed shortly, providing for the free, Importation of United States sheep, into Canada. BANK ROBBERS GET $4000 Six Outlaws Secure Loot and Es cape in Automobiles. MASON CITY, la.. Aug. 16. Six armed outlaws in two automobiles es caped with $4000 in Liberty bonds and currency after looting the First Na tional bank at Thornton. 20 - miles southwest of here, early today. , "' THE NEW WORLD MENACE. j Murder Suspect Quiets Howls and in Half-Hour Talk Declares He Did Not Kill Child. ST. CATHERINES, Ont., Aug." 16. Common sense and spirit of fair play tonight saved the life of David Mc- Neal, who had been committed f r trial during the afternoon at the town hall in Thorold on a charge of hav ing murdered 4-year-old Margaret Boucock on July 3 last. The mob, which numbered several thousands. tet fire to the town Jail, after the prisoner and police officers had been smoked out of the town hall, which the mob had set on fire. When darkness had set in the crowd, which had grown t6 large pro portions, began to storm the town hall with bricks and stones. . Before long every ' window in the newly-built building was shattered and then the mob attacked the doors. McNeal and the police officers saved their lives by crouching in corners and holding chairs in front of them as volleys of rocks swept the building. Then flares were thrown through the shattered 'windows and a couple of rr-en rushed a bundle of hay saturated with gasoline into the ground floor. Flames burst out and eventually the smoke and fire drove the men down the stairs and out. "We surrender," yelled McNeal as he came down the stairs with Chief Frank Collins of Thorold hanging to his steel wristlet. McNeal was seized and taken in an' automobile in front of the town hall. A rope was run up a pole and prepa rations were made to hang him. He pleaded for mercy while the mob howled. "Men. if you are men, give me a chance to make a statement," McNeal shouted. "It may be my last words on earth." McNeal spoke for half an hour be fore a hushed crowd. He swore he had not killed Margaret Boucock.- "Only a degenerate could do such a thing," he said. From one section of the great audience came Insistent ap peals: "Give the man a chance; hand him over to the police." When McNeal ceased speaking there was no further talk of lynching. The crowd was almost jovial. No one touched McNeal as Chief Mains and his men supported the prisoner to an automobile and he was rushed off to Welland before there was time for the crowd to change its mind. SHOPLIFTER'S RUSE' FAILS Woman Tries to Get Rid of Papers After Arrest In Store. When taken into custody by house detectives of the Meier & Frank com pany yesterday as a suspected shop lifter, Mary Blteman, 35, dashed to a window and emptied the contents of her purse, mostly papers, to the street. Gathered up, one of the pa pers proved to be a parole issued in Spokane by Judge Fred H. Witt, after her recent conviction there on a charge of shoplifting. One of the conditions of the parole on a six months' sentence was that the woman was not to return to the state of Washington. Mrs. Biteman had just swept Into her bag two pairs of expensive hosiery when she attracted the attention of detectives, it was charged. She will have a hearing before District Judge Bell today. Loomis Clips Second Off 400-Meter Record. .. 43-POSNT TOTAL IS SCORED Pentathlon Classic Taken by Finnish Star. FRANCE AND ENGLAND LOW Other Xations Outclassed Though American Team Is Not Tak ing All Firsts. ANTWERP, Aug:. 16. America's powerful track and field team con tinued to gather honors in the second day of the seventh Olympiad. , It out classed all other nations' combina tions, but Its members were not strong enough Individually to win every first place. In the classic pen tathlon the Finnish star, E. Lehtonen, proved the best all-around athlete. In addition to the Americans scor ing more points, the only world record was made by Frank Loomis of the Chicago Athletic association, in the 400-meter hurdles, with 51 seconds, a second better than made by C. Bacon in the London Olympics in 1908. In both the hurdles and the 100rmeter dash, four of the six finalists were Americans, of whom . three ran first in the hurdles and two first in the '100-meters. A majority of the experts at the finish of the 100-meter event, but not the officials, insisted that J. V. Scholz of the University of Missouri was third instead of fifth, as offi cially placed, but a" protest entered by the. Americans was withdrawn when it was realized there was no going behind the official decision. America Gets 43 Points. ""In the other event, the heats before the semi-finals in xhe SOO-meter run, all the Americans retained places. The Americans' performances today netted them 43 polbta in the track and field events 17 in the hurdles, 15 in the 100-meters dash and 11 in the pentathlon out of a. possible 66. Sweden, which gained on1- one fifth place to add to yesterday's one sixth place, has only a three-point track total, but Finland, by the 19 points won in the javelin throw yes terday ' and In today's pentathalon, has 29 and Is second to the Ameri cans. France has six points. Erg land five, Esthonia three and Nor way one. American hurdlers, running first, second, third and sixth in a field of six in the final of the 400-meter hur dles ii the Olympic games here today, scored 17 points for the Unlted States. Frank Loomis. winner of the evejit. established a new world's record of 54 seconds flat for the distance. Had he continued less than two yards farther he would have broken the world's record for the 440-yard hurdles. Loomis led safely all the way and won by three yards from J. K. Norton i of the Olympic club, San Francisco, I the second man. A. G. Desch of Notre I Dame university won third place by 1 Inches from Georges Andre of France, with Carl Chri3tiernssen of Sweden and Charles D. Daggs of the Los Angeies a. v,. close up in iiitn and sixth positions, respectively. Paddock Winn Duk Finals. Charles W. Paddock of the Los Angeles Athletic club won the final of the 100-meter event, with M. M. Kirksey of the Olympic club. San Francisco, second. H. F. V. Edward of England was third; -Allkhan ot France, fourth; J. V. Scholz of the University of, Missouri, fifth, and Loren Murchison of the New Tork Athletic club, sixth. The time was 10 4-5 seconds. There was considerable delay in starting the 100-meter final due to the nervousness of the sprinters. Pad dock, the winner, was particular. y so, running fully 50 yards up the stretch to in front of the press stand, where , he stopped and solemnly touched the wooden track rail. At 50 meters Paddock and Kirksey were abreast, with Scholz a close third. In the final 50 meters Edward and Alikhan passed Scholz. Murchi son protested the start, due to the fact that the starter called to Paddock to take his hands off the starting line. At the command Murchison partly rose and was caught unprepared when I the gun was fired the nei( instant. The protest was not allowed. All four American entrants In the 100-meter .Olympic running event qualified for the final intbe semi finals this morning. The first semi final heat was won by H. F..V. Ed ward of England and Scholz and Kirksey of America, second and thir'd. respectively. The time was 10 4-5 seconds. The second heat was won by Paddock. America, with Alikhane of France, second, and Murchison. America, third. The time was llsec onds flat. All the men named quali fied for the .finals. Army Office Takes Place. Lieutenant D. M. Scott, United States army, won the first of three qualifying heats for the semi-finals in, the 800-meter run. E. D. Moun tain, Cambridge University A. C, England, was second, and A. B. Sprott, (Concluded on Pag 11. Column -C.) Player's Skull Is Fractured and) Operation Performed Fails to Save Life. NEW TORK, Aug.. 17. Ray Chap man, star shortstop of the Cleveland American baseball team, died in a hospital here today as the result of a fractured skull received in the game here yesterday when he was hit by a ball thrown by Pitcher Carl Mays .of the New York Americans. The "beaning" of Chapman took place in the fifth inning, when Chap man, while at bat, attempted to dodge a, fast underhand curve thrown by Pitcher Mays. Concussion of the brain and hemorrhages developed and an operation was performed. Chapman was the first man at bat. Mays had served one strike and one ball. The next pitch was a little high and Chapman tried to dodge it. His head came in line with the break ing curve. The crack of the ball as it struck the player's head was so loud that spectators and players thought it hit his bat. The ball bounded back on the diamond between the pitcher's box and third base, and Pitcher Mays, unaware he had injured the batter, fielded the ball to first base to re tire him. The shortstop dropped In the bat ter's box and Umpire Connblly. realiz ing Chapman was hurt seriously, called for doctors, and several in the stand attended .the player. He re sponded to treatment, and after sev eral minutes started for the club house, aided by teammates. Before they had crossed the diamond he again collapsed and was carried to the clubhouse. This was the second serious acci dent to befall Chapman 6ince he joined the Cleveland team. A few years ago One of his legs was broken during a game and he was laid up for the greater part of the season. The team's failure to win the pennant was attributed mainly to his absence. "An X-ray examination disclosed Chapman had suffered a depressed fracture on the left side of the skull and another fracture on the right side. Hospital surgeons then decided to operate at once. Ray Chapman, who died this morn ing as the result of being "beaned" by Carl Mays. I'ortland boy. now pitching for the New York Yanks, is not the first baseball player to be hit by Carl's reputed "bean ball" or to complain about it. Fans will recall the near-battle between Mays and Ty Cobb several years as"0 when Mays was a member of the Boston club. Mays whizzed a couple within a hair's breadth of Cobb's head and Ty threw his bat at CarL CARFARE LIFT DEMANDED Strikes in St. Paul Alternative, Employes Declare. ST. PAUL, Minn., Aug. 16. Unless an increase in street car fares is per mitted here by the city council, all street car employes will strike Satur day, their representatives declared in an ultimatum today. Increased fares are necessary, the employes saia, so tnat nigner wages can be paid. INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 81 degrees; minimum, 60 degrees. TODAY'S Fair; westerly winds. . Porelgrn. Poles recapture positions from .reds nd whole Bug river becomes battle line. Page 3. Ontmrio Jail burned: seized prisoner talks mob out ot lyncning. f age 1. National. German and TTnlted states shippers make 20-year agreement. Page 1. "West at last to realize water power re sources. Page 1. General Gorgas is buried In Arlington cem etery. Page 12. Percentage of Americans In merchant ma rine Is reported growing. Page 1. Domestic. Seven leaders In Denver street car strike get Jail sentences. Page 1. Ponzl's liabilities reach $5,000,000. Pasre S. Women ' Jubilant as they, get . favorable suffrage bill report. Page 5. Politics. Dr. LoveJoy may lose dry nomination on technicality. Page 1. Cox to' compare own record with Harding's in address today. Page 1. Dates for Harding's speeches to ba fixed at conference today. Page 2. Pacific North we t. Jack Rathle declared worst of five held for murder of "Sheriff Taylor. Page 5. Sperts. American athletes lead world at Olympic games. Page Outfielder Kemler suspended on gambling charge. Page 10. Beavers return' home in triple tl for first division. Page 10. Boxing season soon to be going strong. Pae 10. . Commercial and Marine. Another decline in sugar prices believed to be due. Page 19. Wheat lower at Chicago with lack of de mand. Page 19. Ralls only firm stocks In Wall-street mar ket. Page 19. 1200 steel vesaels to be sold at once by shipping board. Page IS. Two British steamers are . chartered to carry grain to Un'tea Kingdom. Page 18. Shipments for export through Columbia river gateway planned. Page 18. " Portland and Vicinity. Speeder gets two days In jail when h -. appears in court third time in week. Page 8. New Bull Run dam is put In operation Page 20. "Old John Robinson's" circus hit road 96 years ago. writer recalls. Page 9. Alleged check forger Is caught in exciting chase. Page 7. Movie pickets restrained by continuation of injunction until hearing In Septem ber. Page 13. Thirty-three teachers xesign; certificates may be revoKeu. raga ll. - Ice from Spokane expected to break short age. Page 1J. Intra-state freight rats Increase will be authorized. Puse 4. Choice by Prohibitionists Likely to Be Void. TECHNICALITIES BLOCK WAY Certificate Likely to Go to Attorney-General. PRECEDENTS ARE CITED Situation Held Parallel to That or Socialists Wlien Nomination Was Barred. . SALEM, Or., Aug. 16. (Special.) That the efforts of democrats in the prohibition convention in Portland last Saturday to make Dr. Eether Pohl Lovejoy the nominee of the pro hibition party for representative of the third congressional district at the general election in . November will encounter a legal snag when her for mal certificate of nomination is sub mitted for acceptance in the office of the secretary of state was the opinion expressed here today by state officers and other persons of legal mind, who have given the laws regu lating creating and perpetuating of politiQal parties considerable thought The arguments of these officials. which tended to Indicate that Dr. Lovejoy will not be allowed to accept the nomination of the prohibition party in the third congressional dis trict, were based on a series of opinions given by the attorney-pren- eral at the request of the sociaiist party. Questions Held Parallel. The questions involved in the opin ions relating to the status of the socialist party were said to be par allel with those connected with Dr. Lovejoy's nomination by the "dry" convention w ith the exception of po litical affiliation. Section 3333 of the election law de fines a political party to be "an af filiation of electors representing a political party which at the general election next preceding polled at least 5 per cent of the entire vote cast in the state, county, precinct or other electoral district for which the nomination Is made for representa tive in congress, or which shall pre sent a petition with the, signatures of at least 5 per cent of the electors of the district, stating their inten tion to form a new political party, and giving the designation thereof." No Candidate' l a In 11S. In the case of the prohibition party, it had no candidate for congress in the third congressional district at the general election In 191S, neither has the party presented a petition to the secretary of state showing its intention to qualify for the general election to be held in November o this year. Attorneys connected with the state government declared that because ot ' the failure of the prohibition party to have a candidate in the third con gressional district at the IMS elec tion who received at least 5 per cent of the entire vjte cast for representa tive at the preceding general election made it possible for the party or pretended party officially to indorse Dr. Lovejoy as its candidate in the November, 1920, contest. 1016 Opinion Ia Recalled. In an opinion dated March 25, 1916, when a question similar to that in volved in the present prohibition in dorsement of Dr. Lovejoy for repre sentative from the third congressional district was presented for legal opin ion by the socialist party. Attorney General Brown said, in part: "Under the given conditions, the said party polled more than 5 per cent of the total vote for congress in the first district, and is therefore a political party for the purpose of nomination of a candidate for member of congress in said district. In the second dis trict, it had no candidate and in the third district polled less than 5 per cent of such vote. Therefore, in each of these districts, it coulcfnot be considered on the basis of said elec tion, as being a political party within the statutory definition." A careful examination of the language quoted showed that the computation is to be made for each county, precinct or other electoral district for which the nomination is made, as well as for the entire state In some counties, therefore, the party under consideration may nave cast 5 per cent of the total vote in the county for members of congress and consequently would be entitled to nomination by political party con ventions, while in other counties it may have fallen below the required percentage and "therefore not been entitled to nominate in that manner. Another Opinion Quoted. "In view of the abstract of votes . . . inclosed, the party in ques tion cannot be considered as a po litical party within the statutory definition nor for the purpose of nominating for members of congress in thasecond and third districts, while in the'flrst district It can be so con sidered." Again, March 8, 1918, in an opinion defining the status of the prohibition party, the attorney general said: "An examination of the abstract of votes cast at the general election held November 7, 1916. shows Concluded on Pave 3, Column 2.) (Concluded on Page 3. Column 3.) 4 A....-,.-.. ... ...... ..... A . "'' i - ' r t Gil 106.2