THE MORNING OREGONIAX, WEDNESDAY. DECEMBER 8, 1920
21
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BUTTER
SALE HELD
ILLEGAL BY COURT
Hazelwood Company Found
Guilty on Two Counts.
NEW TRIAL MOTION MADE
Jury Returns Verdict After
Than Four Hours Deliberation
Case Hard Fought.
IiCSS
Guilty on two counts, as charged
Ty the government, was the verdict
of the jury in federal court yester-
. it I-. h tac. 1 r-r i t t ) Vl a 1 T ' T d 1 -
failed to comply with tax and sale
requirements in the manufacture and
marketing of adulterated butter. The
two offenses, for successive f'scal
years, carry maximum fines of
each or minimum fines of $1000.
Federal Judge Bean granted the re
quest of the defense for 30 days In
which to file & motion for a new trial.
Pending this motion, which the de
fendants have declared they will in
voke, sentence in the case will not
be passed. The federal statutes do
not provide for imprisonment for
offenses of the character under which
the Hazelwood company stands con
victed. Restaurants Jfot Connected.
The Hazelwood company Is con
trolled by A. P. and F. A. Henning
en and is in nowise connected with
the Hazelwood restaurants, confec
tioneries or ice cream plants. The
verdict of the jury terminates a hard
fought case in federal court, lasting
an entire week, which was under con
sideration by the Jurors less than
four hours before decision to convict
was reached. It marks a complete
victory for the government's conten
tions, as advanced by United States
Iistrlct Attorney Humphreys.
While the legal aspects of the case
dealt principally with the failure of
the company to take out a permit for
the manufacture of adulterated but
ter prior to the issuance of the com
plaint and with, its disputed tax ob
ligations to the government, the tes
timony which supported the case for
the prosecution was of peculiarly in
teresting' character. Witnesses de
scribed the process by which the
company reduced the repellent nature
of moldy, spoiled butter and declared
that this product later was marketed
without the adulteration stamp.
Firm Employe Testify.
Employes of the concern asserted
that the raw material was so rancid
that its stench clung to their clothes
long after they had dumped the moldy
butter into the mixing vats, and that
only repeated rechurnings and reno
vation by lime removed the apparent
traces of decomposition in the butter
which was handled by the company.
In his closing argument Mr. Hum
phreys called the attention of the
Jury to the showing made on the
books of the company, wherein large
receipts of spoiled b'ltter are re
corded, but the subsequent sale of
the renovated rancid stock is not re
corded, according to the contention
Of the government.
Public interest in the case was In
tensified by the testimony of wit
nesses who declared that the reno
vated butter, unbranded as adulter
ated, was placed upo- the Portland
market under the guise of creamery
butter in one and two-pound cartons.
The case went to the Jury at 5
o'clock Slonday afternoon and the
sealed verdict, opened in court yes
terday morning, was reached in four
hours. As the Jurors left the court
room several of them shook hands
with United States District Attorney
Humphreys and complimented him
upon his handling of the case.
BCTTER FIH5I IS SEPARATE
Hazelwood Restaurants and Con
fectioneries Xot in Trial.
The Hazelwood restaurants and
confectionery shops are not connect
ed officially, financially or otherwise
with the Hazelwood Creamery com
pany, which has been involved in
proceedings in the federal court on
the charge of manufacturing adulter
ated butter, according to an an
nouncement made yesterday by J. H.
Joyce, one of the owners" and mana
gers of the Hazelwood restaurants.
Mr. Joyce said that himself and
Mrs. Joyce started the original Haz
elwood restaurant 17 years ago and
that it was immediately Incorporated
as independent of the old Hazelwood
company. When the Hazelwood com
pany sold out here he said that the
produce business of that concern was
sold to the A P. Henningsen Produce
company. Since that time he said it
had been operated by the Henningsen
company under the old name, al
though it was in reality the A. P.
Henningsen Produce company.
Mr. Joyce said that the business
f the restaurants had suffered con
eiderably as a result of the misap
prahension on the part of the public
that the Hazelwood restaurants were
connected with the produce concern.
HICKMAN ACCEPTS CALL
told in a story in real life, that reads?1
like a Diamond Dick novel. ;
Some time ago two transits were ! I.
stolen irom tne tool nouse at ine new
bridge being built across the Snake
river between this city and Burbank.
The transits belonged to the state
highway department. Some days
later a letter was received by the en
gineer in charge, stating that if the
engineer would place an advertise
ment in a newspaper agreeing to pay
$200 for the return of "the instru
ments, directions now ig pruuecu j
would be sent in a second letter. Thai
advertisement was placed in the I
paper as directed, and another letter j
was received by the engineer direct- i
lng him to board the train leaving
Walla Walla, Wash., and to ride on
the platform of the rear coach, and
that some place between Walla Walla
and Pasco a flashlight would be seen,
which would be a signal to drop a
sack containing the $200. On receipt
of the money, the thief agreed to for
ward instructions as to how to get
the transits.
In company with Sheriff Tates of
Walla, the engineer boarded the train
as directed, while the sheriff of this
county, with his deputies and a posse
of citizens patrolled the right-of-way
between this city and the bridge. The
flash was seen at a point this side
of Attalia, and a decoy sack was
dropped, but the thieves avoided discovery.
No further word was received. Yes
terday, while feeding his stock, Mr.
Small found the transits in his hay
stack. FISH FIGHT IS PUZZLE
BrsrxEss- men deplore war
' OX THRXVEYG EVD USTKY. .
Portland Minister Xamed President
of Kimball School of Theology.
WILLAMETTE UNIVERSITY. Sa
lem. Or., Dec. 7. vSpecial.) Dr.
Eugene C. Hickman, associate pas
tor of the Wilbur Methodist Epis
copal church of Portland, has been
called to the presidency of the Kim
ball school of theology to succeed the
late President Talbott, whose death
occurred several weeks ago.
The new executive comes to the
local campus with high recommenda
tions, having been director of the
Methodist centenary movement be
fore coming to Portland. He Is i
graduate of the Garrett Biblical in
stitute. at Evanston. 111., and of Ham
lin college, Minneapolis, Minn., win
ning high honors at both schools.
Until Dr. Hickman assumes his du
ties at Kimball early in January, the
Institution's work will be directed
by Professors Hammond and Sher
wood. Kimball school of theology, the'
only Methodist school of its type in
the northwest, is located on the Wil
lamette campus, and although the two
institutions are under different con
trol, they are in co-operation so far
as permitting students from one to
take work in the other.
Cities of Gold Beach and Wedder
burn Declared Dependent on
Macleay Estate.
MARSHFIELD. Or., Dec. 7. (Spe
cial.) Business men along this sec
tion of the Oregon .coast have been
puzzled by the semi-annual return of
the Rogue river fishing fight, and
have not been able to understand
what motives moved the Rogue river
valley anglers to wage war on an in
dustry which meant so much to the
residents of Curry county. The com
plaints that seemed trival in com
parison with the volume of business
which the fishing industry on the
lower Kfc'gue has furnished. The
Macleay estate, it appeared to most
people here, was made a target for
unnecessary strife and possible graft.
The fishing business at the mouth
of the Rogue river Is not a monopoly,
for a second cannery handles a good
many thousand salmon every year.
An average of 100 men have been em
ployed during the Chinook andsilver-
side seasons.
If the river were closed., Wedder-
burn. Or., and Gold Beach, Or., would
be without resources, for there is not
any material lumbering carried on in
that vicinity. Besides furnishing well
paid employment for fishermen, the
fishing business has added greatly to
the commercial life of the towns of
Gold Beach and Wedderburn. To a
resident in either place, efforts of the
Jackson and Josephine people ap
peared only as a campaign to kill
those towns and cause a general
stagnation in Curry county.
Since the Hume estate was taken
over by the Macleay people, the col
ume of business has not been avail
able, but it can be judged by the fact
so many were employed in catching
and canning fish.
During the time when R. D. Hume
was operating the cannery, the fish
ing business usually amounted to
more than $100,000 yearly, and two
years' after his death, his nephews.
Herbert and John Hume admitted
clearing $05,000 in one season.
The Macleay estate and the Seaborg
cannery have constantly paid well for
fish, and considerably more than was
customary with the Hume interests.
In those days fishermen were engaged
at $75 per month, or sold their catches
at so much per fish, seldom obtaining
more than 50 cents for a Chinook. The
Macleay estate paid 12 cents a pound
for chinook for two seasons, and so
the aggregate amount of business
could be estimated from that, when
it was known the fish come into
Rogue river, on the average, in as
large numbers as in former years.
Coast residents do not believe in
the complaint of the anglers that they
do not get good fishing, for there is
a season in the spring and also in the
fall when fish go up the river un
hindered, as occurred after the close
of the chinook salmon this fall.
CLUB NAMES WORKERS
Committees in Charge of Hospital
Fund Drive Announced.
George C. Mason, chairman of the
general committee in charge of the
Rotary club's plans for a children's
hospital yesterday announced the fol
lowing committees for the purpose of
carrying out the hospital plans:
Executive committee George C. Mason,
Joe Hill and T. J. Swivel.
Hall Phil Grossmayer, M. E. Reed anri
H. I. CarrinKton.
Entertainment G. Clarke, Roy Elli
son, Frank McGettigan, Claude Jensen and
Al. L. Kline.
Publicity Jes.se A. Currey, Marshall
Pana, Pavid W- Hazen. Thomas Emory,
H. K. Thomas, Fred Boalt and Prank Ira
W'hi te.
Tickets Will A. Knight. John Hartos.
Fred Klrsch, Ralph Robinson, J. K. Staver,
Pam Jagger, Robert I... Cook, Albert B.
Reynolds, Carl Brantsch and Dwight Ed
wards. Programme W. H. Chatten. C. J. Smith
and Sol Blumauer.
Candy and flowers Robert Neighbor,
Joseph Dunne, Burt Holeomb, Thomas
I. uke, John Beall, Fred Webber, O. B.
Coldwell, George 1,. Baker, Jacques Wil
lie and Frank Heltkemper.
Stunts Fred Spoeri. Eric V. Hauser,
Thomas Williams, A. M. Clark, Charles
B. bletson and Ed liiggins.-
HUSBAND CONVICT, PLAINT
Divorce Petition of Wife Says Mate
Is in Canadian Prison.
Suit for divorce was begun yester
day by Mabel Michalak against Will
iam Michalak, who, she says, was sent
to the penitentiary in 1915 for com
mitting a felony. Conviction was in
Saskatchewan,. Canada, where the de
fendant was incarcerated. They were
married in laus.
A divorce from Augusta Emella
Brunold is asked by Fred Brunold,
whose wife, he says, is in the state
(capital. He alleges he was induced
to marry her and that he did not
know Mrs. Brunold was insane.
Another complaint was filed by
Emma Lyman against Clifford, V. Ly
man. Cruelty was charged.
Stolen Transits Recovered.
Thieves Want 20O, but Knglneer
Is Too Suspicious.
mSIm I S Jill!! i &lHWaip
AMUSEMENTS.
u
tUMuiumouuiii
Mats.15(7Eo NUjMslSetad.tS
VICTOR MOORE
EMMA LITTLEFIELD & CO.
DANCING KENNEDYS
GOSLAR AND LUSBY
OLSEN and JOHNSON
LJ JACK LAV
E R
PETTY:R EAT no BROTHER
Albs
It Is Entirely Your Own Fault
If you keep moving from flat to flat on account of
" your landlord continually increasing your rent
The Laurelhurst Company Has Authorized the Sale at 1
oliate Unreserved A-uiciioo.
of 200 Home Sites in
omes
N
And Will Accept for These Lots Whatever You Will Pay for Them Next Saturday
TIIIS IS YOUR ONE BIG OPPORTUNITY TO OWN YOUR OWN HOME. THE MONEY
YOU SAVE ON THE PURCHASE OF A LOT AT THIS SACRIFICE SALE WILL
GO FAR TOWARD THE INITIAL COST OF YOUR HOUSE, AND YOUR
RENT MONEY EACH MONTH WILL PAY THE BALANCE
TIIIS AUCTION IS A STEP IN THE DIRECTION OF A PERMANENT CURE FOR
CHRONIC RENT RECEIPT AND PERENNIAL MOVING-VAN VICTIMS.
It Also Provides Phenomenal Opportunities for Those Who Buy for Investment
Every Lot Will Positively Be Sold Regardless of Price
Easy Terms No Assessments .
Go, look at the property today. Our representatives at office on
property will furnish maps and assist you in selecting your lots.
The Sale Takes Place Next Saturday at 1 P. M.
"HELLO
cm
HUSBAND"
.u a
-BAKER-
Now Plartac
A Biff Gripping Human Story
FRIENDLY
ENEMIES
Tou Laugh Tou Weep Ton Think
PANT AGES
MATIXEE DAIIT. :S0. "
Easel ft Greenwood Present
"ROLL1NO ALONG."
Music! Comedy with Charles Wood,
i-vebn Phillips and Chorus of
firoudway liemutirs.
8 OTHER BIO ACTS
3 Shows Daily. Kigiit Curtain 7 and
Now Flaying- "Quaker Vlllara Follies."
Ixive! Honor! Obey! Metro Maxtor Picture.
l ine Vaudeville 6 Acts l ine Pictures
Musical Comedy
DILLOX AXD FRANKS IX
"THREE WEAKS"
The Rosebud Chorus la Fnll Bloom.
Mntlnres at 2; Alight, 7 and it.
Country Store Every 'I'uesday -M(tt.
Chorus Girls' Contest Friday I it; lit.
A
N
D
AUSTIN
317 CHAMBER OF COMMERCE BLDG.
PHONE BDWY. 2544
HOLIDAY'
TURKEY SHOOT
NOW ON
AMERICAN RIFLE RANGE
4.10 WASHINGTON STREET,
BETWEEX 11TII AD 12TU
LADIES' PATRONAGE
IN" VI I KU.
POPVI.AR PRICES.
Steffins' Public Amusement
Knterprises.
DANCING
TAUGHT
All NEW STEPS and POPCtAR DANCES
guaranteed In 8 three-hour lessons. Ladles
S3, gentlemen J3. De Honey's beautiful
academy, !i3d and Washington. Beginners'
ciass starts Monday apd Thursday eve
nines. Advanced class Tuesday evenings, 8
to ll:3t. l'lenty of deBirabie partners no
embarrassment. You can never learn danc
ing in private lessons from inferior teach
ers vou must have practice. LKARN IN
A KUAL SCHOOL, from professional danc
ers l'huaa Mala 7656. Private lessons
all hours.
Ellison-White Presents
ALBERT LINDQUEST
and Assisting Artists
Prominent Edison Tenor
AUDITORIUM
Monday Evening;, Dec. 13
Ticket Sale Opens Friday
Meier & Frank's
Adm. $1.10-S5c, War Tax IncL
PAVEtl PAGES S819D LOSS
MILWAtKIE CAX PROVIDE RE
LIEF, OPIXIOX OP JUDGE.
Supreme Conrt Decision Reverses
Finding In Circuit Tribunal
' for Clackamas County.
SALEM, Or., Dec. 7. (Special.)
Unless the city council of Milwaukle
provides financial relief, the Mon-tague-CTReilly
company will lose ap
proximately $8190. alleged to be owing
on a paving contract, according: to an
opinion written by Justice Burnett
and handed down .here today by the
Oregon supreme court. The opinion
reverses an opinion of J. U. Campbell,
judge of the circuit court for Clack
amas county.
Regularity of the contract was the
issue in the case. The charter of the
city of Milwaukle provides that con
tracts for paving: must be awarded to
the individual or firm submitting: the
lowest bid, based on the plans and
specifications prepared by the mu
nicipality. In this case the bidders
were Invited to submit their own
plans and specifications, which, it was
alleged, destroyed competition and
violated the provisions of the charter.
Other, opinions follow:
W. S. Dippold st aL vs. the Cathlamet
Timber company, appellant: appeal from
Multnomah county: suit to collect damages
caused by fire. Opinion by Justice Brown.
Judge C. U. Gantenbein reversed.
Montague-O'Reilly company vs. Town of
Mllwaukie, appellant; appeal from Clacka
mas county; action to recover damages
from municipality for failure to provide
fund to meet contract price of paving.
Opinion -by Justice Burnett. Judge J. U.
ing at the request of Governor Olcott, i Campbell reversed.
j A. rope - - - " -
lnnt: aDDeal from Grant county; suit to
Forest Protection Orflered.
SALEM, Or., Dec. 7. (Special.!
The Indian office at Washington, act
able fixture and part of realty. Opinion
by Justice Harris. Judge O. U. Ganten
bein reversed as to Dudleys and affirmed
as to Wilson.
Rehearing- denied In City of Portland vs.
O'Neill.
100 PERSONS STERILIZED
Operations Performed on Inmates
of State Institutions.
Approximately 100 persona have
been sterilized by order of the state
board of eugenics since the passage
of the sterilization law in 1919, ac
cording to announcement by the etate
board of heajth. All persons operated
on were Inmates of. one of the state
institutions.
The state, board of eugenics con
sists of the members of the state
board of health, the superintendent
of the Oregon etate hospital, the su
perintendent of the eastern Oregon
hospital, the superintendent of the
state Institution for feeble-minded
and the superintendent of the Ore
gon penitentiary.
The superintendents of the various
state Institutions placed before the
board the names of inmates recom
mended for sterilization and the
board, after further Investigation,
approved the recommendations in re
gard to about 100 persons of both
sexes. In each case the nearest rel
ative of the inmate was notified, so
that appeal to the courts might be
taken if the relatives objected. The
1919 law provided for sterilization of
persons whose children probably
would be'a social menace.
has notified officials in charge of the
Klamath Indian reservation to take
any action that may be necessary to
preserve the forest for a distance of
300 feet on either side of The Dalles
California highway. The timber on
the land involved, it is said. Is being
logged off by the Pelican Bay Lum
ber company. Other government
agencies also have notified Governor
Olcott that they will co-operate in the
campaign to preserve the forests
PASCO, Wash., Dec. 7. (Special.)
By the finding of two engineers'
transits in a haystack on the ranch
city and the new Snake river bridge. Phone your want ads to The Ore
the final chapter has probably been ! sonian. Main (070, Automatic 560-9a.
of I along tne scenic nigiiwaya ui uregon.
recover money anegcu uue on contract
covering lease of lands and personal prop
erty. Opinion by Chief Justice McBrlde.
Judce Balton Biggs affirmed.
Mary Cole et al. vs. Edgar Marvin,
county Judge 'Wallowa county, et al., ap
pellants; appeal from from Wallowa coun
ty: appeal from order of circuit court dis
missing a proceeding for admeasurement of
dower. Opinion by Chief Justice McBrlde.
Judge J. W. Knowles affirmed.
B.ake-McFall company vs. Samuel S. P.
Wilson, Eugene A. Dudley and Jesse Dud
ley, appellants; appeal from Multnomah
county; action for conversion of an Otis
elevator dispute being as to whether ele
vator was personal property: of irremov
JAPANESE. COVET SIBERIA
Sunset 'Editor Says Orientals Also
i
Looking; to South America.
,The Japanese struggle for recogni
tion of rights in California is regard
ed as a shrewd diplomatic move on
the part of the Japanese government
to get a freer hand In other spheres
of influence such as Siberia or possi
bly South America, according to
Charles K. Field, editor of the Sunset
magazine.
Mr. Field was here between trains
yesterday for a visit with his sister.
Mrs. Harry W. Sharp, on his way
home to San Francisco after assist
ing In the installation of the Zeta Psi
fraternity on the University of Wash
ington campus.
FARMERS' UfilO'l MEETS
100 ATTEND DAILAS SESSIOX
OX FIRST DAY.
Delegates Present From Oregon
and Southern Idaho Hear
Elaborate Programme.
DALLAS, Or., Dec. 7. (Special.)
One hundred delegates and visiting
members of the Farmers' Educational
and Co-operative union of America
were here today to attend the con
vention of the Oregon and Southern
Idaho branches The convention
opened at 10 A. M. with A. R. Shum
way. state president, pres'dlng.
Floyd D. Moore, county clerk and
a member of the city council, extended
greetings to the delegates in behalf
of the mayor, and bade them welcome
to the city. P. O. Powell, vice-president
of the Polk County Farmers'
union, responded. j
Other speakers today were Walter
M. Pierce, state senator, A. V. Swift
of Baker, Or., vice-president of he
union; J. D. Brown, ex-state presi
dent of the union; F. B. lug-alls, W. H.
Harrah, B. T. Roe. and W. C. Lansdon
of Salina, Kan.
Most of the day was devoted to the
report on credentials. A committee
was appointed to arrange a pro
gramme andthe order of business. '
Tomorrow night and Wednesday
night there will be open meetings.
There will be a banquet before the
meeting Wednesday night, and the
programme of the meeting will be in
the nature 6f entertainment.
11th
and tTashlnsrton
GLOBE
ON WITH THE DANCE
MAE MURRAY
Fourth at
Washington.
CIRCLE
Alice Lake
"Shore Acres"
' Also a comedy and Path news.
Open from 0 o'clock fn the momhiff
until 4 o'clock of the following morning.
TOO TATK TO CIJSSIFY.
FOR KENT One sleeping room with kitch
en privileges if desired. In natly fur
nished' flat, very homelike; rent reason
able. -2 y. K nFt Tenth.
5s
5s- tai W W ...w vs..i t-.
kX 12
V "V 4
r ! ' -
Vy'- :yj
REASONS
Why You Should Call
Miiler & Tracey
1 Because we take personal interest in arranging all details (there being twenty or more on
every funeral.) .
2 Every man and woman in our employment are careful in the preparing and handling of
your loved ones.
- 3r Refinement and kindness distinctly mark our service.
4 "We willingly assist worthy people, whose financial condition doubly clouds this time of sorrow.
5 We never lay to rest a friendless one with mt a becoming service.
6 We are non-sectarian; we provide sympathetic service for: any branch of religious faith.
1 Our chaplain is always at your service. .- .
8 We save you much because we own and control our casket factory and can make many styles
of caskets and burial robes. - '
9 We are one of the largest firms in the state; equipped .with seven autos to give city or
suburban service within thirty miles of Portland.
10 We are centrally located.
11 We are as near to you as your phone and answer calls promptly day or night.
12 If you find our service other than represented, we make no charge.
TRACEY
Independent Funeral Directors
Washington at Ella Street Phones: Main 2691, Automatic 578-83