THE MORNING OREGONIAN, TUESDAY, OCTOBER 19, 1920 STATE WITS KID 8 BOND Clackamas County Issue Is Held Vital Precedent. CONTRACT SYSTEM CITED $1,700,000 Voted by People .and Validity Is Questioned by Former High Decision. SALEM, Or., Oct. 18. (Special.) Reconstruction of the mandamus ac tion brougrht by W. P. Hawley of Oregon City to test the validity of approximately $1.700.CK0 of bonds voted by the people of Clackamas county for road.- construction and improvements and permitting: the tate highway commission to be mads a party to the proceedings and in tervene in the litigation on behalf of the state was requested in a peti tion filed in the supreme court here today by J. M. Devers, attorney for the state highway department. The original suit, in which H. S. Anderson, judge, and other members of the Clackamas county court were named as defendants, was heard by the supreme court several months go, with the result that the bond fcraue was held -to be in violation of the state law limiting the issuance of these securities for permanent road Improvements to 2 per cent of "the assessed valuation of the property in any county. In the predominating opinion, written by Justice Benson, the court held the bonds issued by Clackamas county were in excess of tbe 2 per cent limitation and con sequently were invalid. State ConmimloB Takes Hand. In the petition filed here today by Attorney Devers the highway com mission alleges that the counties of the state are required by statute to furnish the rights of way and prepare the grades for the construction of state highways in the respective counties. Also that the commission is authorized to assist the counties in the preparation of grades and the construction of bridges and culverts under such terras and conditions as tbe counties and commission may agree. The petition sets out that such agreements have been made with many counties in the state, that con siderable work already has been done for these counties, and that the state was to be reimbursed for the cost of such operations. To return to the state money advanced for this work the petition alleged that the counties expected to procure funds through the sale of bonds authorized under the act of 1913. It was under this law that the Clackamas county court called an election and subsequently voted bonds which were afterward declared to be invalid. Six Counties Tnkt Action. Pursuant to the act of 1913, the petition alleges that six counties in Oregon called elections and pro ceeded to vote bonds in the aggregate amount of $4, 739, 000. The counties voting these bonds, together with the amount authorized by each, follow: Clackamas. 1, 700,000; Crook, $220,000; Union. $1,498,000; Lane. $400,000; Yamhill, t $420,000. and Jackson, 1500,000. Following the authorization of these bonds the section sets out that the state highway commission, under an act empowering and directing that body to assist counties in the preparation of grades, bridges and culverts, entered into agreements with several of the counties voting bonds whereby It was understood that the commission should supervise certain road construction, award the contracts and control the road im provements, which work primarily devolved upon the counties. Sum Paid Out Are Sought. In compliance with these agree ments and relying upon the ability of the counties to reimburse the state, the highway commission, according to the petition, awarded the contracts for road improvements in the several counties and entered into a written agreement with contractors whereby the state became obligated to pay for the work. Following are the counties in which road work was done by the state highway commission and the amounts of money which the state has actually paid and which is now due from the said counties: Clack amas, $200,000; Crook, $100,000; Union, 4to),(K0: Yamhill. $100,000, and Jack son, $150,000. "The situation as now presented is of great moment to the state," said the petition, "in that if the law as construed in the Clackamas county case must tstand as a law. in this state with reference to bonds issued under and by virtue of the act of 1913, road construction will be greatly retarded. Should chapter 103, laws of 1913, be amended to conform to the literal and formal ' language of the construction and thereafter any of the said counties should fail to repass its bond Issue, such coun ties will be without funds with which to reimburse the state, and by reason thereof the state will sustain great financial damage and loss. JadKM Divided on Derision. "Your petitioners represent and (how that the issue as framed and as presented to the court in the Clackamas cc.unty case did not fully present the facts, and did not call to the atten tion of the court the equities herein emphasized and by reason thereof these petitioners believe that the evil and harmful effect of the present de termination of this case could not have been discussed in this court." Justices Burnett. Bean and Ben nett concurred with Justice Benson in the original case affecting the Clackamas county issue, while Chief Justice McBride dissented. Concur ring in the opinion of Chief Justice JIcBride, was Justices Johns and Har ris. Because of the many counties that have voted bonds under the act of 1913 and the large amount of money expended in these counties by the state highway commission. Attorn ey Devers, said the Clackamas county case was of unusual public import ance, and it's final determination by the courts would have much to do with shaping the future road im provements in this state. JAPAN SEEKS RECRUITS Attitude in Case or War Asked as Result of Census. TOKIO. Oct. 16. (By the Associated Press.) As a- result of the census taken October 1, the figures of which have not been announced, the govern ment has begun sending circulars throughout the country asking physi cians, surgeons, dentists, pharmacists, tailors, blacksmiths and other persons whether they would . be willing to serve in the army in case of war. Read the Oregonian classified ads. f?4th ", A 1 4 - tfCM 1 RfCVv1" :p&' All H ? f'r' i 1 Dustln Fin i and Ma leading; won an, Katnryn Adams, in BIjf Happi ness," tne present Rtvoll theater attraction. TODAY'S FILM FEATURES. Majestic Lon Chaney, "The Penalty." Peoples Geraldine Farrar, "The Woman and the Puppet." Liberty Dorothy Dalton, "Half an Hour." Columbia :Cecil De Mille's. "Something to Think About." Rivoli Duetin Farnum, "Big Happiness." Stji William RusseL "Twins of Suffering Creek." Circle Maurice Tourneur"s "The White Circle." Globe Clara Kimball Toung in "The House of Glass." NEITHER a western nor a period play Is the Dustin Farnum pic ture, "Big Happinessv" showing this week at the Rivoli. This fact might have something to do with the tremendous popularity which is greeting the film without doubt one of the best by Mr. Farnum in many, many a blue moon. "Big Happiness" has one charac teristic which might be considered by many a drawback, but which actually proves one of its strongest assets. Mr. Farnum plays a dual role. But disliked as dual roles have come to be, in this case it is mag nificently done and forms a fascinat ing Interest from beginning to end. "Big Happiness" has an international locale its backgrounds calling for New York. Paris, London and Alpine scenes. This has been happily han dled, with the result that "foreign" atmosphere . is not actually thrust down one's throat, but kept in in cidental vein as it should be. A brother who substitutes for a bridegroom on his honeymoon is- the chief role taken by Mr. Farnum. He gives to the novel situation all the technical skill that his years of stage and screen experience and his strong personality make possible. His lead ing woman is Kathryn Adams, a girl, sweet in feature and handsome in her dignified poise and carriage. Miss Adams bears a curious resem blance to Eileen Percy and Louise Lovely, two better known leading women who have often appeared in Farnum pictures. The progress of the six-masted sailing schooners Oregon Pine and Oregon Fir, from their launching as shipping board wooden hulls to their departure from the Columbia river with cargoes of lumber for Sydney, Australia, is being shown at the Lib erty theater in addition to the regular bill. Screen Gossip. When the Southern California Edi torial association met in Los Angeles recently, it requested the chamber of commerce to arrange a visit to one of the largest motion picture studios. The chamber got in touch with the TO STAY IN EAST SERVICES HELD NOT SEEDED IX WESTERX STATES. Senator, Confident of Success of Republican Ticket, to Continue His Campaign Tour. THE OREGONIAN NEWS BUREAU. Washington. Oct. 18. Having been advised that his services are not needed in behalf of the republican party either in Idaho or elsewhere in the west. Senator Borah decided today to continue on a speaking tour of the middle west and east. He will speak in Gary. Ind., to morrow night and the remainder of the week will be given to speeches in Indiana. Illinois and Ohio, after which he will go to West Virginia and Maryland. It is probable that he will address one large mass meeting in Baltimore, which shows signs of giving a republican majority this time. Senator Borah will close the cam paign in Connecticut with two or three speeches in behalf of Senator Brandegee. who is engaged in the only thing which looks like a contest in the New England state. Information is that Harding win carry Connecticut by 60.000 or more, but a bitter fight has been made on Senator Brandegee because he took an Irreconcilable position both on th league of nations and on woman suffrage. The Idaho senator not only expects Idaho to go for Harding and Coolidge by an overwhelming majority, but also foresee the election of Frank R. Gooding as senator to succeed John F. Nugent. HIGH HOP MARK IS SET English Syndicate Purchase 3Iakes State History. SALEM. Or.. Oct. 18. (Special.) C. A. McLaughlin ai Independence to day received Iror Louis Lachmund f tor x f'l publicity department of Universal City and a cordial invitation was is sued. At the morning business ses sion preceding the trip to tbe studio the editors listened to an address by one of their number, entitled "The Ubiquitous Press Agent." The newspaper folks were shown Von Stroheim at wdrk on "Fooliah Wives," Tod Browning directing Pris cilla Dean in "Outside the Law," Harry Carey filming "West Is West," Jacques Jaccard taking a scene of "The Throwback" with Frank Mayo, while Eddie Lyons and Lee Moran came out to be phobtgraphed with the visitors. After the editors and their families left the press agents rushed to a Cen tury dictionary to get the definition of the word "ubiquitous," and their pent-up wrath vanished in air. They found the word meant omnipresent everywhere at once. In fact, they had been accused of being on the Job all of the time. Proving that an editor sometimes uses more intricate words than a press agent. Ben Turpln. Mack Sennett star, is 53 years of age. Mae Marsh's latest picture effort is called "The Little 'Fraid Lady." George Walsh, the athletic star, is contemplating becoming his own pro ducer. Jack Mulhall is Viola Dana's lead ing man in the production of "The Off -Shore Pirate." Tom Santschi is the featured player in two-reel westerners now being made in Los Angeles. Pell Trenton is playing opposite Carmel Myers in the current produc tion, "The Orchid." Madge Bellamy will be Douglas MacLean's leading lady in his next picture, "One a Minute." Margaret Cullington has rjust fin ished "A Schoolhouse ScandaL" The horse that is playing the name part in "Black Beauty" has been in sured for $50,000. Marjorie Daw has the leading fem inine role in Marshall Neilan's forth coming production. "Pards." H. B. Warner's current picture is "The Checked Suit," from a magazine story written by Freeman Putney Jr. Marguerite Snow has an important role in "Lavender and Old Lace." Seena Owen plays the part of Ruth. Mayflower's adaptation of Robert Chambers' "Athalie" will go to the screen under the title of "Unseen Forces." v Gladys George who played oppo site Tom Meighan in "Easy Street," was born in Patton, Mo., 18 years ago. final payment for his 1910 hop crop, which involved a cash consideration of $183,728. The hons were nur chased by Mr. Lachmund for an Eng lish syndicate and will be sent "to foreign ports. The hops were of first class quality and were produced on what is known as the old Hirshburg farm, two miles north of Indepen dence. Last year's crop of hops yielded Mr. McLaughlin $115,000. Local buyers said the check passing between Mr. Lactimund and Air. Mc iaugniin represented more money than was paid for any other individ ual crop in the history of Marion county. GANGSTER, 7, IS KILLED Playmates Punish Lad Who Re fuses to Rob His Mother. - COUNCIL BLUFFS, la.. Oct. 18. Theodore Welsh, 7, is dead today, the victim of the "gang" rule of his playmates. The assault was prompted, accord ing to the boy's associates, by his re fusal to steal popcorn from his mother to feed the "gang." IHBI1 (GRANULES) Fr INDIGESTION Dissolve instantly on tonne or in vraier hot or cold; do not bare to cnuL. QUSCK RELIEF! Also in tab! form for Hi nasi who prefer tbcoa. MAKERS OF SCOTTS EMULSION 14 SHOE that doesn't fit is about as distressing as any physical an noyance a man can experience. We think of that every time we sell a pair of shoes, and don't let you go out with a bad time ahead of you. Florsheim makes comfortable shoes with all the style in the world, so you arc sure of being pleased. Espe cially so as Florsheim values save you many a shoe dollar in the long run. "All prices substantially lower to conform with recent price reductions." FLORSHEIM SHOE STORE 350 Washington Street, Near Park POLES WINK AT VILNA LEAGUE OF NATIOXS CONSID ERS SITUATIOX IS SERIOUS. Violation of Lithuania Frowned on and Report of Mutiny Is Questioned. (Copyright by the New Tork "World. Pub lished by Arrangement.) LONDON, Oct. 18. The mystery of what actually happened when the so called "mutinous" Polish forces cap turned Vilna from the Lithuanians after both countries agreed to sub mit their boundary dispute to the league of nations is still unsolved here, as a report from the league commission at Kovno has not yet been received. However, there is considerable feel ing in official circles here, the World was informed this afternoon, that the mutiny" was not a surprise to the Poles and that the Polish military authorities did not attempt to pre vent the march on Vilna. Only a week ago the Lithuanian govern ment informed the league that they had conclusive evidence that the Poles Intended to take" the city and were mobilizing an army of 20,000 nearby for this purpose. It is understood that tbe British government is exceedingly annoyed at what occurred and favors econo mic pressure against Poland unless Vilna is immediately evacuated. The French, however, it is reported. have not yet agreed to such drastic action, and both countries and the league are awaiting the report from the Kovno commission, expected to morrow, before taking any step against Poland. Whether or not Poland's good faith shall be proved to have been violated. the league has unofficially informed the government at Warsaw that the situation is looked upon by the Made to Order F OF Answering the call of the times we offer sweeping reductions on our entire stock. 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Alex Oooper, held in the county jail in default of $2000 bonds, set fol lowing his arrest on Saturday on charge of violation of the Mann act will appear for a hearing in federal court at 2 P. M. today. Cooper, ac cording to Deputy United States At torney Reames, is alleged to have brought Mrs. Maude Clark from Seat tie to Portland about April 10, 1920 Previous to that time he is said to have taken her to various cities in the northwest since he first "met her in Casper, Wyo., about three years ago. Cooper, who admits that Mrs. Clark has lived with, him for the past three or four years and passed as Mrs. Cooper, indicated that his defense would be that the woman followed him to this city from Seattle and paid her own railway fare. He attributed his arrest to a quarrel which led Mrs. Clark to swear out the complaint against him. Destroyers Sent to Black Sea. WASHINGTON, D. C. Oct. 18. Six destroyers have been ordered to the Black sea- by the navy department to relieve a squadron of destroyers in the force assigned to Turkish waters under Rear-Admiral Bristol. Ex-Xewsaper Manager Dies. MINNEAPOLIS. Oct. 18. E. L. Clif ford, 46, recently business manager of the New York American, died here today following a long illness. SHBOaHOBBHBHMBMBBnBHH naaBiiBB ower Prices cs ems - Power and Economy in FIERCE-ARROW 2 'ton, 3!-ton, 5-ton Dual Valve Trucks Pullillg Powerequal to any demand Gasoline Economy more miles per gallon Accessibility for quick economical repairs npiME-SAVING is a main objective of Pierce-Arrow designing saving of mnning time, loading time, shop time every time-expenditure which de lays the truck and keeps it from earn ing money. ADEQUATE power assures superi oriry to all road obstacles hills or rough going, mud-holes or snow block' ades. Dual Valves increase power by enlarging the valve area admitting fuller, purer gas charges. Two sparks assure complete combustion and translate all of the gas charge into power. This means surprising gasoline economy. Accessibility of parts reduces repair Chas. Ninth and Burnside iBiiiiimnii ibii IIIIIIBslBIBII rinriiiimr nrum Made to Order otlhe IDai charges to the minimum. C. Fagan Co., Inc. Exclusive Distributors PIERCE-ARROW Motor Cars and Motor In.crea.sed ppv Ocean Jllilffl Service Between PORTLAND and SAN FRANCISCO by the SAN FRANCISCO & PORTLAND SS. CO. COMMENCING SATURDAY, NOVEMBER 6, 1920 the popular ocean service-of he "Rose City" will be augmented by the addition of the finely equipped steamship "Alaska," and the two will operate between the ports named on the following" schedule: Leave Arrive Steamer San Arrive Arrive Leave Leave San Francisco Astoria Portland Portland Astoria Francisco Rose City Oct. 23 Oct. 25 Oct. 25 Oct. 28 Oct. 28 Oct 30 Rose City. Nov. 1 Nov. 3 Nov. 3 Nov. 6 Nov. 6 Nov 8 Alaska S S .8 11 11 13 Rose City. 11 13 13 16 16 18 Alaska 16 18 18 21 21 23 Rose City. 21 23 23 26 26 28 Alaska... 26 28 28 Dec. 1 Dec. 1 Dec. 3 from each port every five days thereafter. PASSAGE FARES FIRST CLASS Third - Class FROM TO Prom- Outside Inside enade Saloon Saloon fMales Deck Deck Deck Only) Portland Astoria $ 6.25 Ptl'd or Astoria San Francisco .. 28.80 $26.40 124.00 J18,00 San Francisco... Astoria ., 28.80 26.40 24.00 18.00 San Francisco Portland 28.80 26.40 24.00 18.00 Above named fares do not Include 8 per cent war tax. which should be included. All fares include berth and meals while at sea. Apply to any of our representatives to make your reservations. I E. OMFR, City Passenger Agent, 70X Wells Fargo Building- Phone Broadway 4500. - CONSOLIDATED TICKET OFFICB, Third and Washington Streets. Phone Main 3530. - WM. McMtRR A V. General Passenger Airral, Portland, Oregon. . 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