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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 25, 1921)
THE MORNING OREGONIAN, TUESDAY, JANUARY 23, 1921 5, LOBBY BY SEATTLE COUNCIL IS RAPPED Mayor Caldwell Invites Dele gation's Return. WORK HELD UNNECESSARY Chief Executive Suggests That Cor poratioQ Counsel Keep in Touch With Legislation. SEATTLE. Wash., Jan. 24. (Spe cial.) Mayor Caldwell, agreeing: that the councilmanic "lobby" maintained at Olympla is unnecessary, today wrote a letter to the King: county legislative delegation and invited the lobby" to return to Seattle. The mayor suggested, however, that It be "highly proper" for the city to have the corporation counsel keep in touch with pending legislation affecting the municipality. The mayor's letter, agreeing that, as the legislators pointed out. there are many problems which ehould have the mayor's and the council's attention, follows: "I am this date In receipt of orig inal and carbon of resolution, with out date, which appears to have been adopted by the King county delega tion to the house of representatives. "I am attaching hereto a copy of the resolution numbered 6695. which was adopted by the city council with out previous consultation with me, and since resolutions do not require the signature of the mayor. It was not submitted to me after Its adop tion. The council has authority to adopt such resolutions as it sees fit, and I mention this merely as indi cating that your criticism improperly Included me as mayor of the city, since the entire action was that of the city council. "I agree with the third paragraph f your resolution in particular, that there are many problems of city gov- ri liliiru. nun ... .. " .-. should have the earnest and undi vided attention of the mayor and city council. So far as I am concerned, I have remained on the Job and am endeavoring to give these matters uch attention. So far as maintain ing a loooy is concerned, i ceo jiui necessity for the same. i nnccn VII I C ACTPR VK! (Continued From First Tate lerrupltd to ask how he happened to be carrying an automatic pistol that nigh t. "I packed that gun for about month, because I heard some of the girls at the Hazelwood say that If didn't let them alone someone was going to get me, and I wasn't taking anv chances." replied the defendant. Kis sister. Jennie Lopez, seated near Lotisso's counsel in the court room, was weeping sympathetically Lotisso said that he did not re member telling the police that he had "Dimmed i .' his old lady "I have a very slight remembrance of anything more that night," he said. "I don't remember anything until the following afternoon "Did you.- wife shriek as she , leaving the restaurant, or when. In rhn machine or running down thd suectV" asked Ferrera. Murdrr ot Intended. "No. she would never do anything like that when I was with her. could alwavs reason with her." "Tommy, did you Intend to kill your wife that night, or any other time?" "1 never did Lotisso was on the witness) stand !rtually al! day. He appeared quite calm, except for two emotional mo ments one when he spoke of his promise to take good care of his wife. made to her mother on leaving Eng land, and again when he referred to his wife's death. His voice had a pe culiar inflection and varied from i soft, tender tone to a harsh, strident sound when detailing events indicat ing unbecoming conduct of his wife. He spoke so low at times that his voice was not audible in the rear of the courtroom: at other times he could be heard in the corridors out side. Occasionally he laughed at events related, but not pleasantly. It was more In the nature of sarcas tic comment. Trouble Stnrls After Christman. Lotisso sketched his early life( army career, marriage, return to this coun try and arrival of his wife in Port land. May 30. 1919. "Things went along fine until right after Christmas." he asserted. Then It was, he explained, that his wife wanted to go to work, primarily to get enough money to get her younger sister, Dollie, to America. He forbade her and protested vigorously to no avail and she accepted employment at the Broadway Hazelwood. "As soon as she started work there was a change In that woman," de clared Lotisso. His voice grew quite loud. "Already there was a change in that girl. She came right back at me like a dog and when I would ask her questions would say it was none of my business. As time went on my wife got to be worse every day until the day came that she swore at me. She said if I didn't like It I could go to hell." Portland Known to Lotisso. Lotisso accussed his wife of giving him a disease and of keeping late hours with other men. He usually referred to her as "Tessie. my wife." She wanted to move down town and they did against his wishes, he as serted, saying. "I knew Portland. I knew the evil paths. I knew the good pAths and everything. But she got tired of the gocd company I put her Into, saying it was too slow and that she wanted to get out and step around a bit." He insisted he was always faithful to his wife. "I didn't care for any girl hut my wife. 1 loved her from the first day I set eyes on her," Lo tisso said. There followed a long recital. In which Lotisso was uninterrupted by attorneys for defense or prosecution, detailing things he discovered about the life being led by his wife and the girls with whom she was associated. She left him finally and went to live with a girl friend in the Navarre ho tel He said they were ordered out of that hotel and then went to the Morris hotel. Wife Warned to Reform. The night before the killing Lo tisso said ne began to get nervous and told his wife that she had to "cut out" her conduct, that he would not stand for it longer. He had saved up SoOO. he declared, with which he intended to send his wife back to England. By that time, Lotisso said, the girl with whom his wife associ ated had so much influence over her that "I couldn't absolutely do noth ing." The night he followed her to the "noodle joint" he intended to take her home and make arrangements for her return to her folk in Eng land, he asserted. eciuJ oX boyhood accident! u- ' fered and their effect on him oc cuipied the early part of Lotisso's tes timony. He was born in Providence, H. I., in 1893. At the age of 5, while living at Iron Mountain, Mich., he engaged a colored boy In a fist fight, but his antagonist resorted to rocks. Hit Head With Rock. "He hit me In the head with a rock, and I don't remember nothln' after," said Lotisso. "For four or five days I didn't know nothln.' Doctors worked on me a long time and I was laid up for two months. Since that time 1 get . nervous and want to do some thing myself when I see a fight. I think someones hit me and start for the person nearest me. In any ex citement 1 get lost." At the age of 10 years, while living in Chicago, Lotisso jumped from a streetcar to join a boy friend who was walking . along Wabash avenue, and collided with a steel gtrder sup porting the elevated road above the cable line, he testified. "I was thrown under the car, caught by the cow-catcher and drug a block and a half, with my neaci nit tine on the cobbles." he said. No one knew I was under there, but chambermaid looking from a window upstairs saw the blood in the etree and called to some one that there must be somebody caught under th car. now X ever uvea i aon t Know Meets lore Accidents. He was in the hospital for seven weeks, he said, underwent three op eratrons resulting In the removal of two inches of spinal column, and had 3S stitches taken in his injuries. He was in bed two months after leaving the hospital. Not long after, while riding on sled hitched behind an express wag' on, Lotisso was hit In the head by shoe cast by tne horse pulling the vehicle. It broke nis nose. 'I seen stars," lie explained, waving his hand to indicate vast spaces dotted with flashes of light. "I didn't know nothin' what took place for four hours. Ever since that day I can see thing and not see a thing at alL Everything gets blurred and lasts sometimes 15 or 20 minutes. The blow must have affected a nerve of my eyes. I may he talking to a per son and he will fade away suddenly and get blurred. Such eccentricities of vision some times affected him while driving a truck, he asserted, so that he was compelled to stop his machine "to pre- ent killing 10 or lj people. Tom Not Same Tom. The six years he lived in Chicago Lotisso was weak and nervous, he de clared, subject to frequent dizzy spells compelling him to lie down. I knew that Tom was not the same Tom he used to be," 'he declared. In Grand Forks, N. '!., Lotisso fell n a faint at the sight of blood on his ister's arm. She had been bitten by a og and he went out for half an hour when he saw her. "Something struck me when I seen Jennie come in the door," he as serted. Lotisso came to Portland at the age of 16 12 years ago. His principal occupation has been truck driving. Since coming here lie had two more accidents, lie said, one being a col lision between the truck he was driv ing and a street car at Forty-third street and Sandy boulevard, when he was thrown out on his head and kept away from work for four days, and the other time when he fell 16 feet through an open sidewalk entrance to a basement: landing on his head, with the result that he "didn't know nothin' for two or three days." The defendant joined the army at Vancouver, Wash., April 3, 1918, after considerable difficulty in passing the physical examination, he averred. Determined to Fight Germany. "I told them they had to accept me," he explainedj "I was determined to fight for my country, and as I had gone that far I was determined to go the rest of the way." On the eve of sailing from Hobokcn he was ordered to V alter Reed hos pital at Washington, D. C, because of his physical condition and held there for 18 weeks under observation, he asserted. Then he was assigned to a replacement draft. His command ing officer gave him continuous kitchen police when he found out Lotisso could not stand long hikes. said the witness. After more trouble in passing the medical examination, Lotisso finally was allowed to sail for Liverpool on September 25, 1918. He was made a corporal In Feb ruary of 1919, several days before his marriage, he said. Truck Driver Testifies. A. W. Larson, truck driver, was the first witness to be called after the return yesterday morning of the jury from viewing the scene of the shoot ing. He testified that Lotisso had changed overcoats with him at one time when Lotisso was to meet his wife, on the ground that she would no j wait for him if she recognized him coming. Larson had not noticed anything unusual about Lotisso's conduct on the occasion. He asserted that Mrs. Lotisso entered an automobile after leaving work that night, but that she got out and went with Lotisso when he asked her. wmm i Eody as Committee of Whole Quizzes Author. OPPOSITION IS SMALL Governor' Administrative Measare Considered; Motion to Invite Hart to Attend Defeated. OLTMPIA, "Wash., Jan. 24. (Spe cial.) Governor Harm's civil adminis trative code was. under consideration in the senate euting aa a committee of the whole this afternoon. On invi tation of the senate, L. D. McArdle of the bureau of inspection and chief author of the bill, and Charles S. Gleason of the attorney-general's of fice, who looked after the legal fea tures in drafting the measure, ap peared to answer inquiries from senators regarding provisions of the proposed new code. A motion to In vite Governor Hart to attend, should he so desire, was defeated. while there was an apparent ab sence of pronounced opposition to the measure, a dozen senators toon part in questioning the framers of the new code. Early In the discussion Mr. McArdle declared that it would re quire an extreme construction of the powers conferred on the proposed ad ministrative board to attempt to in clude higher educational institutions under the supervision of the board other than to exercise jurisdiction over those functions that might strict ly be classed as a part of state gov ernment, and that the governor would not be authorized to exercise control over the salaries of members of the faculty or subordinates in the teach ing corps. Specific Declaration Wanted. Senator Rockwell was of the opin ion that. In order to make this con struction binding upon future boards. specific declaration to this effect should be included in the section. The section which provides that the administrative board may authorize deficiency expenditures in excess of legislative appropriations for the op eration and maintenance of state de partments and institutions was chal- enged by Senators Coman, Hastings, Loomis and others. In answer to a question by Senator Morthland, as to the legal obligation hat might be created In case the ad ministrative board authorized a de partment or institution to create a deficiency and the subsequent legisla ture should refuse to make a defici ency appropriation 10 cover the out lay, Gleason frankly declared that in his opinion there would be no legal obligation upon the state to pay the claim although there undoubtedly would be a moral obligation created. Limitation Is Suggested. Senator Loomis inquired whether would not be better to limit the authority to approve deficiency ex penditures to a given per cent of the appropriation made for the institu- ion or department exceeding Its esti mate. Mr. McArdle contended that it would be equally as impossible to estimate the necessary per cent as it would be to foresee the legal appro priation required for the biennium. Senators Rockwell,- Coman and Hastings asked for information re garding the possibility existing un der the provisions of the code for the appointment of elective officers as directors of departments at increased salaries, in view of the will of the people as indicated by the defeat of the constitutional amendment in creasing salaries of these officials. Mr. McArdle contended that the theory of those who drew the bill was to make possible the employ ment of the best talent obtainable to direct the various departments cre ated under the. code, and declared that by providing salaries sufficiently large the state could obtain the eerv ices of more efficient officials, who would save to the state many times the increase in compensation. Mr. Gleason, discussing the legal feature of this section, admitted there was a question as to what the court might hold as to the constitutionality of this arrangement, but declared that the framers of the bill were con fident it would stand the test of the courts. He cited supreme court de cisions holding that public officers might be given additional compensa tion where new duties not germane to their office were Imposed by ' the legislature. Consideration BTot Finished. . With' no more than one-fifth of th sections considered, the senate ad journed until S'oclock tonight when individuals or representatives of or ganizations were privileged to discuss the measure at a public hearing in the senate chamber. On behalf of organ bed labor, W. M. Short, president of the State Federation of Labor; R. H. Hartin. ex-president of the Min Workers' union and Fred Norman, ex. member of the house, attacked the bill, with especial reference to the section dealing with industrial rela tions. Sharing honors with the governor' code, the Yakima State fair was unde fire in the senate this afternoon, the opportunity occuring when the ap nrODriations committee recommended the passing of an emergency bill carrying an Item of $10,000 to meet unpaid bills Incurred by the fair man agement. Senators Taylor, Palmer and Hutchinson opposed the appro priation and Senators Mothland of Yakima and Hutchinson of Spokane engaged in a discussion of relative merits of the two cities as location for the fair. Senators Bishop, Hall and Wray contended that the fair was a state institution and the credit of the state had been used in creating the obligation and a moral obligation existed to pay the bills. The measure passed by a vote of SO to 9. Indian nights In Bill. Treaty rights of the Yakima In dians to take food fish from the Yakima river at Prosser falls at any time and in any manner would be protected under terms of a bill intro duced in the sonate today by Moth- land of Yakima. The measure is de signed to obviate the difficulties aris ing out of conflict of state laws and a treaty made by Governor Stevens for the United States government and the Yakima nations. The state fish commissioner would be empowered if the law is enacted, to make regu lations to let the Indians fish under conditions not otherwise permitted by laws of the state to other persons. Any Yakima Indian maintaining his tribal relations would be allowed to take salmon or other food fish at Prosser falls for use of himself and family at any time and by any means. A bill introduced by Senator Davis of Piorce today would require the publication of marriage licenses at least 15 days before the performance of the ceremony. In the house, a joint memorial in troduced by Raftis and Baldwin urges congress to enact uniform laws re garding marriage and divorce. Governor Hart this afternoon transmitted to the legislature the fol lowing message received from Govf crnor Stevens of California: "California urgently requests adop tion of resolutions by your legislature to be forwarded to state department opposing any thought of granting citizenship rights to orientals. Reso lutions of our state have already been forwarded." WEIGHT AIR RATE BASIC Passengers "Will Pay According to Tlicir Avoirdupois, MILWAUKEE, Wis., Jan. 24. The Lawson airplane company, when it begins its Chicago-New York passen ger and mail service, some time in May, will charge passengers accord ing to their weight, Alfred M. Law son president of the company an nounced today. Provision has been made for car rying passengers to the approximate weight of two tons, or 4000 pounds, Mr. Lawson said, and in explanation of .the charge for weight he said that It would be unreasonable to be ex pected to carry a man weighing 250 pounds at the same fare of one weighing not more than 125 pounds. SEII PRIVILEGE GIVEN LORD MAYOR Departure at Convenience to Be Allowed. LIBERTY IS NOT CUT OF O'Callaghan to Attend Meeting o Committee on Irish Affairs In Xew York Tonight. NORFOLK, Va-, Jan. 24, Donald O'Ca-llaghan. lord mayor of Cork with his status established by th secretary of labor and the estate de partment as that of a seaman, left here tonight for New York, where tomorrow night he will attend meeting of the committee in charge of affairs of Irish relief. O'Callaghan is at liberty. Immigration authorities stated, to sign on any foreign-bound vessel from any port that he may choose. In a statement here this afternoon the lord mayor reiterated his faith in the American people and declared that he believed Ireland's appeal to them would not be in vain. He de scribed how during the early days of the Amorican revolution, Benjamin Franklin wont to Ireland seeking aid for the struggling colonies. Ireland responded to America's ap peal then," O'Callaghan declared, "and for America now to turn a deaf ear to Ireland's plea in the same cause of freedom would be basest ingratitude. And the American people are incap able of Ingratitude." PHILADELPHIA, Jan. 24". Michael Francis Doyle, counsel for Mayor O uallaghan of Cork, tonight 6a.ld the lord mayor plans to remain In this country for at least 60 days, dur ng w hich time he will visit a number of cities. "The purpose of the lord mayor's visit to this country has been ac complished completely," added Mr, Doyle. WASHINGTON-. Jan. 24. Senator Phelan, democrat. California, made public today a letter protesting against the deportation of Lord Mayor O'Callaghan. written to Acting secretary JJavis of the state depart ment. The California senator said he thought it "would be a blot upon our escutcheon If we deport the lord mayor of Cork, both of whose prede cessors were victims of the English policy of extermination and reprisal nd whose life, I am told, is also in grave danger." SAN FRANCISCO. Jan. 24. Depor tation of Donal O'Callaghan, lord mayor of Cork, was protested in a resolution passed today by. the county board of supervisors, charging violation of the principle of asylum for political refugees. Copies of the resolution were ordered sent to the secretaries of state and labor. Venison Xets Charity $45. BEND, Or., Jan. 24. (Special.) An uctlon sale of confiscated venison netted $45 for charity, it was an nounced here today by the Red Cross. Read The Oregonian classified ads. Wonderful Overcoats! $19 $29 $39 Timely Style and Service at a Moderate Price BEN SELLING Leading Clothier - 1 HSU' 3D SEATTLE FATROIiMAX FOURTH TO BE SLAIX LAST 1 0 DAYS. John Schmitt Limps Into Court Suffering From 3 Wounds to Plead Guilty. SEATTLE, Jan. 24. Patrolman Neil McMillan, the third . victim of unfights here last Friday night be- ween police officers and .lohn Schmitt, alleged gunman, and "the fourth victim within 10 days of ban- it activities In the city, died late today. Police Detective James O Brlen was Instantly killed when he engaged in a battle with Schmitt and Patrolman William T. Angle died Saturday night as the result of wounds inflicted by Schmitt half an hour before O'liiien was slain. Schmitt pleaded guilty of first-degree murder in connection with O'Brien's death in superior court today. When Schmitt appeared for ar raignment he was limping from the effects of three wounds received dur ing the fight. Asked if he wished an attorney, he replied: "No, I want to plead guilty right away." Under the Washington law the jury may determine whether Schmitt will hang or be sentenced to life imprisonment. Marion Roads Get $600,000. SALEM, Or., Jan. 24. (Special.) Approximately $600,000 will be spent this year for the improvement of roads in Marion county. This sum includes $400,000 of the bond Issue which was voted two years ago, $125, P00 from the general fund of the county and $7.r,H"0 raised in 36 road districts by special taxation. Tobacco Dealers Fight Case. SALEM, Or.. Jan. 24. (Special.) arrested here Saturday charged with violating the law prohibiting the Bell ing of cigarettes to minora held a conference today and decided to con test the charges. Howard Damon, one of the defendants, will stand trial, and his co-defendants will abide by the verdict as final. Salem Girl Will Wed. TACO.MA, W.vh., Jan. "4. (Special.) James C. Thomas, Firwood, Idaho, anil Ruby Fisher of Salem, Or., ob tained a marriage license in Tacoma today. Phone your gonian. Main want ads to The Ore 7070. Automatic 660-95 HUBBY, 83, ASKS DIVORCE Bride, 80, Capricious and Dissatis fied, Alleges Complaint. SEATTLE. Wash., Jan. 24. (Spe cial.) His bride was capricious, dis satisfied with married life, unwilling to settle down and finally left him. a leged Henry C. Meacham in a com plaint for divorce filed In superior court today. Meacham Is 83 years old, his bride 80. They were married November 30. 919. He said she deserted him on May 4, 1920. He owns property and has a home on Dayton avenue here. Both Meacham and his wife, Mrs. Annie M. Meacham, had been married before early in life and have children of middle age. Ten Chinese Ordered Deported. CHICAGO, Jan. 24. Federal Judge Page today ordered the deportation of 10 Chinese for violation of the Chinese exclusion act. The defend ants declared they would be sub' jected to famine conditions, but Judge Page refused to consider this plea. Best grades ;oal. Prompt delivery. o miry ?n?7 Adv PLAYING TODAY! Here's the companion pic ture to "23Yz Hours Leave" and it is just as funny and every bit as laughable. Other Doin's Kratea at the Giant Organ. Cameron Geddes, Basso. 0 f Seats on Sale Today" Hoover European Relief Society Midnight Matinee and Auction at the Liberty, Sat., Jan. 29, 11 A.M. BUY A TICKET SAVE A LIFE Entire Proceed Go to Charity. ' r ', I f : 'l AQtaramouiuA V I! i ; iP Lending a Hand! And collecting heart in terest! From the most unprosperous book agent that ever knuckled a door DOUGLAS Mac LEAN in Rookie's, Returri 4 ljpiil vpmm M?4i?ik, Stage , mmm-m 'Sweet Lavender From Well - Known Arthur Wing Plnero's snccenK, "He Must Never See His Baby!" Ruth Promled on Her Slster'a Dying Bed. Then she changed her name and took the child with her to live In a distatK city. So was the father who had forsaken his wife outwitted. But for long? Destiny plays strange tricks, but none al more unusua. than this swift-movinic romantic story. TILL FRIDAY ONLY m if W-av(T -- wttmnrKpmssJWC3C5S'' vwnwm&pmfsfa nK5x&sxirsBXLtj--s :;sriow:;v'V.;'5 yr?r' fti rr r ri im i i , r-r n m rninnirtfifMini'M n iiiinwitiiwrirawMarlti't"l"n fu iiir rnmi r - t h i ll i. j i. i ,....-4r-V"a..-;. -v - fcyitvC. tersr.Ji'.---' :-, . mmmm. . . i i-n i , m ii, m wmmmtmtmmmmmmmrmmm i i iil'iiMH i mm Jj 1 J ! 1 PATHE NEWS COMEDY rJ? f ...IT &3 t&MJf tfMM mm f Direction of Jensen and yon Herberg 1