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."
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MAKERS OF
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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
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league as exceedingly serious, and on
its face a violation of the assurance
which former Premier Faderewskl
gave the league council in Paris that
Lithuanian territorial integrity would
be respected, r
The league has also called upon
the league commission in Vilna. for a
complete report of the affair.
WHITE SLAVE CASE TODAY
Alex Cooper, Accused, by Maude
Clark, to Have Hearing.
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.
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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. -
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Phone Main 3530. -
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