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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 3, 1921)
THE 3IORXIXG- OKEGOXIAX, TUESDAY, 3IAY 3, 1921 " I it--J' $ NEWBERRY IS VICTOR IH SUPREME COUR Corrupt Election Conviction Is Set Aside. ACT IS HELD ILLEGA Kiglit of Congress to Supervise All Eloclions Is Challenged; Lower Court Error Alleged. (Continued From First Page.) direct election amendment had not affected section 4. article 1, of the constitution, which, the majority opinion said, while it gave congress the power to regulate the manner of holding elections, did not confer o it authority to control pajty prima ries or conventions. Domestic affairs of the states would be interfered with if congress, un der existing: laws, was held to hav control over the . primaries, th opinion stated. It was pointed ou also that inasmuch as states 'may suppress whatever evils may be in cklent to primary or convention," and e:ich house of congress has the power to judge elections, qualifications and returns of its own members, and inasmuch as congress has authority to regulate the time, places and man rier of holding elections, "the na tional government is not withou power to protect itself against cor rtiption. fraud and other malign in fluences" White Favors Reversal. Chief Justice White, in his dissent Ins opinion, said he favored reversal of Judgment, obtained in the lower courts against Senator Newberry and 16 others, without prejudice to a new trial, "because of the grave misap prehension and grievous misapplica tion of the statute on which the con viction and sentence were based." The chief justice predicted that legislation would be enacted to give congress power over primaries, otn erwise, he said, "government cannot live." The proposition that the power of states solely to control primaries is not affected by the right of con gress to regulate elections waa re ferred to as "suicidal" by the chief justice, who declared that instances in which the primary has become the controlling feature of elections "the election is still-born and the vote without power or weight." Dissenting Opinion Given. "The influence of who is nominated for elective office," his opinion said, "upon the result of the election to fill that office is so known of all men that the proposition may be left to destroy itself by its own statement.' The dissenting opinion of Justice Pitney, concurred in by Justices Bran deis and Clark, said it would be tragic if that provision of the consti tution which has proved the sure de fense of every outpost of national pbwer should fail the very foundation of the citadel. Justice Pitney declared as untenable the contention that congress could not have power over primaries. Commenting on the importam of exercising vigilance over the conduct of primaries. Justice Pitney said "sin ister influences exerted upon the pri maries inevitably have their effect upon the- ultimate election are em ployed for no other reason. Lower Court Held In Error. Justice AIcReynolds said the lower court had overruled "a duly inter posed demurrer which challenged the constitutionality of section 8 and by o doing we think fell into error. "Manifestly," the majority opinion said, "this section applies not only to final elections for choosing senators, but also to primaries and conventions of political parties. Michigan and many other states undertake to con trol these primaries by statutes. And the , ultimate question for solution here is whether congress may fix a minimum which a candidate may spend or advise or cause to be con tributed and spent by others to se cure his nomination. Argument Held Unsupported. "We find no support : in reason or authority for the argument that be cause the ottices were created by the constitution congress has some in definite, undefined power over elec tions for senators and representatives not derived from section four." Continuing, the majority opinion said: 'The 17th amendment, which directs that senators be chosen by the people, neither pronounced nor requires a new meaning of 'election.' and the word now has the same general sig nificance as it did when the constitu tion came into existence final choice of an officer by the duly qualified electors, primaries were then but merely methods by which party ad herents agreed on candidates. Gen eral provisions touching elections in constitutions or statutes are not necessarily applicable to primaries the two things are radically differ ent." Misconstruction la Alleged. "The case is here by direct appeal because of the contention that pri maries of that character are not sub ject to the regulating power of con gress," Chief Justice White said, "and as an incident there is involved the contention that even if the act of! congress was constitutional, 'it had? been prejudicially misconstrued. "Sustaining the first of these two contentions, and therefore deciding the act unconstitutional, the court reverses and finally disposes of this case. : "Although I am unable to concur la the conclusiqn as to the want of power of congress, and in the judg ment of reversal as rendered. I am nevertheless of the opinion that there should be a judgment of reversal without prejudice to a new trial be cause of the grave misapprehension and grievous misapplication of the statute on which the conviction and sentence was based. Proposition Held SaicldnL "It is said that, as the power which is challenged here is the right of a state to provide for and regulate a primary for nominating senators free from the control of congress, and not the election of such senators, there fore as the nominating primary is one thing and the election another, the power of the state as to the pri mary is not governed by the right of congress to regulate the 'times and manner of electing senators. Cut the proposition is a suicidal one, since it retains in the state the only power it could possibly have as delegated by the (constitutional) clause in question and refuses to give effect to the regulating control which the clause confers on congress as to that very power. In the last analysis, the contention must rest on the proposition .mat there is sucn absolute want of rela tion between the power of govern ment to regulate the right of the citi zen to seek a nomination for public office and its authority to regulate- the election after nom,nation,' that a paramount government authority hav ing the right to regulate the latter is without power as to the former," : Infirmity Opinions Differ. . Associate Justice Pitney, who sub mitted tue opinion indorsed by Jus tices Br.u.dcis and Clark, dissented from thi majority as to the "consti tutional infirmity" of the statute. "It W'juld be tragic," he declared, if that provision of the constitution wl ich has proved the sure: defense of every ou'posi of national '. power E ARLYBMIEN T E HELD RTI Congress in Earnest, Asserts Mark Sullivan. MR. MONO-ELL CONFIDENT .Lawmakers Refrain From Pressing Legislation Out of Considera " tion tor President Harding. should fail to safeguard the .very foundation oc the citadel. ' - "If I am wrong and the power to egulate primary elections couid be deemed to have been reserved to the states, the result would be to leave the general government destitute of the means to insure its own preserva- ion without governmental aid from the states. This would render the government of the United States less than supreme in the exercise of Its appropriate powers." The contention that congress could not have been given power over pri maries, srince they were unknown wben the constitution was adopted, was dismissed by Mr. Pitney as un tenable. "I am unable to see," lie declared. how in right reason it can be, held that one of the houses of congress may exclude an elected member, for securing by bribery his nomination in he primary if the regulation by law of his conduct at the primary is be- ond the constitutional power of con gress; Moreover, the power of each ouse. even if rightfully applied to exclude a member in- the case sug gested, is not a check upon bribery, corruption and other irregularities n the primary elections. It can impose o penal penalties upon the offender. and when affirmatively exercised it eeves the constituency for the tima without proper representation.'" MULATTO BABE IN . CASE (Continued From First Page.) eriously. When he identified the picture of Mrs. Stokes and the baby e said, with a short laugh: "Mrs. Johnson said that was the picture of Mrs. Stokes. The baby Is colored baby. Mrs. Stokes is the mother of that baby." Mr. Sandler was certain Mr. Stokes id not promise to retain him in the divorce action, although he knew this as contemplated, lie assured the court he paid little attention to the eap of photographs offered him. but led them away as a matter of routine and later returned them. Trial of the negro was delayed at the request of Mrs. Stokes' counsel, Mr. Sandler said. He was informed Mrs. Stokes desired to finish her di- orce suit first. In any case, the uestions were not read until today nd, although they seemed to enrage Mrs. Stokes, they did not embarrass An untried indictment still hangs over the negro, a reason given by Mr. Sandler for his reluctance. Visit to Mrs. Stokes Denied. Practically concluding its case, the efense began today s session by sum oninj; out of his past obscurity the tall, dark young man," Elliot Brown, chum of Victor inner, Mrs. Stokes' stepbrother. Mr. Brown is not no ticeably tall, not noticeably .dark, al though his hair is black. He refuted testimony that he en tered Mrs. Stokes' room in the V est Seventy-eighth street home. He had frequent! visited his chum, he testi fied, but had known Mrs. Stokes only casually. ' With his appearance all or the amed living co-respondents have en tered their denials cf the tales of in- macy. Mr. Roosevelt is dead. Tes monv against him included a charge. mbodied in the questionnaire, that painted a nude of Mrs. Stokes smoking a cigarette. Mrs. Stokes has enied this. If no delays are caused by Mr. Stokes' illness the trial will be com pleted "Wednesday. Justice Finch an nounced shortly before adjournment. The ordeal of the weeks of litiga tion showed plainly in the lines of Mrs. Stokes' faca today. Throughout he day she seemed nervous and ill ease, although she made frequent ttempts to smile. S. & H. green stamps for cash. Ilolman Fuel Co., coal and wood.. Main 3. 660-21. Adv. THE LOS ANGELES PHILHARMONIC ORCHESTRA , WALTER HENRI ROTHWELL, CONDUCTOR CITY AUDITORIUM TONIGHT, 8:15 The Supreme Musical Organization . of the West 75 of the World's Greatest Musicians SEAT SALE SHERMAN & CLAY'S Prices: $2, $1.50, $1, 75c NO WAR TAX SirtkwMtin Bookings Dlmtloa of Eiwyn Concert Birrio. BT MARK SULLIVAN. (Copyright by the New Tork Evening Post, inc. - V uDllsliea Dy Arrangement, j WASHINGTON, D. C, May 2. (Spe cial.) The most unmistakable mani festation of a vital and widespread sentiment that has appeared in the present congress is the determination to move toward international dis armament. It is not too much to say that nothing except consideration for President Harding and the fear of embarrassing him prevented the house last week from taking formidable action in -the direction of disarma ment by our own and other nations. in attempting to get tne naval ap prppriatidn bill through, the repub lican leader of the house, Mr. Mondell, was compelled in substance to ap peal to the house to pass the bill for the present and in effect, gave tne house his promise that within the reasonably near future President Harding would take the necessary steps leading, to disarmament which congress demands. Mr. Mondell's language was whole hearted. He said: "We all know there is a general sentiment in the country in favor of a reduction of armament. There is a general I may say practically unani mous sentiment in this house favor able to consideration by an interna tional conference of the questions relating to and looking toward the reduction of the burdens of war and armaments. Time ' Is Believed Ripe. "I am hopeful that in the near future I trust, during this session of congress those who are directly charged with responsibility in the matter of our foreign relations will find that the .time is ripe and op portune ; for the successful accom plishment of the purposes of those who desire a lightening of military burdens. This should be done, and I have no doubt that it will be done, when the conditions of our foreign relationship are such that we can do it without misunderstanding of our motives and with the greatest assur ance of a successful outcome." It was only Leader Mondell's as surance that kept his own party in Hne in support of the naval appro priation bill. One of those republicans who came nearest to. breaking away from party reservations put in point ed words' exactly the reason why con gress passed the naval appropriation bill. He said: "Republican Leader Mondell yepfr- dSy made a frank;- candid statement to the house and to the country that President Harding Is in sympathy with. the programme of disaxmamen of nations and that ha will try to in it-iate that programme at an early day, possibly during the present ses sion,. after world conditions have be .come more -aearlv mormal. . -The state ment is reassuring,-" for r'O ituember of "congress, irrespective-of politics, wii wUlinIv vote to embarrass the ores ident on a -vital question in world af fairs, nor can any man fail to recog nixe the tremendous problems which must be solved by him alone.' Tvro Motives Operating. The- clear; fact is that in the lower house of congress, as distinguished from the senate, there are two mo tives stronger- than any others. The first: motive is one iof helpfulness to ward President Harding. They real izs the difficulties of his problems. they sympathize with the sincerity of his -spirit in trying to solve those 'problems and they are unwilling to embarrass him. The next strongest motive in the minds of the members of the lower house is the clear and trenchant de termination to bring about disarma ment among the nations. Because of the first motive and because of that alone they have for the momen,t put the second motive in abeyance. X ney have passed navy and arrfly appro priations bills., but in doing. so they regard-President Harding as having given them' a promissory note to bring about disarmament among, the nations in the near future and noth ing ran he more certain about the temper of congress than that in due course it will insist upon the payment of that note. E DTXJXG CAR EMPLOYES PRO TEST WAGE REDUCTIONS. . - ; . & General Manager's Canned Tongue, Ox Tail "Diet Appreciated, But Pay Held at Minimum.. CHICAGO.' May 2. A listless day of statistical, objections to wage reduc tions sought by nearly 100 railroads before, the railroad labor board was brought to a climax today wltn a humorous broadside from dining car employes on the New York, rew Haven & &HaKford. R. B. Lomus, a waiter, pleaded that wages were al ready at trie irreducible minimum and protested against further reductions. 'I can appreciate what tne position of the general manager must be, met aphorically speaking, subsisting on diet of. canned tongue and oxtan soup to make ends meet," ne saio. "paying out a dollar and a dime for every dollar the treasurer can hold out for him. We should like to help him. But it is our conviction that the present pay of cooks and waiters is at the irreducible minimum. To go below this minimum would, I be lieve, destroy that morale without which public health would not be safeguarded: "My weekly pay is $15.01." he con tinued. He deplored the low wages paid chefs and cooks, who, he said, received as low as- S65 a month. ! No "sameness" here. We specialize on VARIETY with best materials and service for break fast, lunch and dinner "when you want it." At Popular Prices imperial gotel Bank Call Issued. SALEM, Or., May 2. (Special.) Frank Bramwell, state superintendent of banks, today issued a call for re ports as to the condition of all state bankp in Oregon at the close of busi ness on April 28. This call was based on the federal order demanding sim lar reports with relation to national banks operating in Oregon. IAI.ADIAN STRIKES FEW Masons and Printers Arc Out, But Xo Trouble Experienced. WINNIPEG. Man., May 2. May day found labor conditions in western Canada fairly well settled, with the exception of a strike of stone masons affecting 7 men here, wno want an ncrease of 2a per cent In wages, ino trouble was experienced here. In Moosejaw, Saskatchewan, build ing tradesmen have asked for the rc tention of last year's schedules, while the Building Trades association offers a cut ranging from 10 to la per cent Saskatoon, Regina and Calgary re ported normal conditions. Vancouver reported a strike oi 74) joo printers, who demand a 44-hour week. Read The Oregonian classified ads u Striking" Coins THE light from the furnace fire strucK a mighty blow with a heavy flickers on the intent faces of sledge. The coin is "struck!" theslaves. It catches the gleam of the Vhus slowly'"' and laboriously was soldier's spear as he paces to and fro. monc7 eoined in thg time -0f rf Creak-k! Creakk! Says the clumsy great Persian king, Darius. old wooden machine ass - the ' Todzy coins iTC:minted ia huge comes fqrth in a shining strand. electrically driven machines at the Snip-p! Snipp! Go the shears as the rate of several thousand an hour slave cuts the metalinto shorter under pressure of 175 tons! lengths and tosses them into the fire. The history of all baAking orfinancc Then he takes a piece of silver from shows a similar astonishing progress, the furnace with a long pair of , Tf has been our ide tQ k pincers and lays it upon the nearby modem h and nsion anvil. . This anvil contains the die of banki scrvice If you are not making -the obverse of the coin. fully familiar with thc completeness With never failing skill, a small of our facilities, ask for our booklet, hammer containing the reverse of "The First National Bank West of the coin is applied and the whole the Rockies." "I THE FIRST NATIOWbANR OF PORTLAND OREGON -THE FIRST NATIONAL BANK WEST' OF THE ROCKY FOUNTAINS . The Master Instrument With the Violin Resonator and Orchestral Chambers In five minutes yo can hear that beauti' fulqualityof Cheney tone which cannot be described in hours. 1 Hepptewhite Period Bilrmorc mahoflnT Newbr wmlnut or oak. Steel and jewel needle! two reproducer. Com partoienr q g lor album. 4 1 0 3 William and Mary Period Mahoganv, walnut or oak. Cold plated metal part. Steel and Jewel needles; two reproducer; counter balance cover sup port; eight record 11$250 DO Georgian Period Mahofntr or walnut. Cold plated metal pert. Steel and fcwrl . needles; two repro ducertt counter balance cover supports; eight $290 The Cheney Grows Sweeter With Age Just as a rare old Stradivarius violin grows sweeter with passing years, so does The Cheney add to its tone quality with time. It is a most remarkable feature a characteristic which has made The Cheney especially appreciated. Features found in no other phonograph The famous "violin resonator" and "orchestral chambers" which give The Cheney this invaluable quality are exclu sive features, found in no other phonograph. Six other features which make this Cheney all you could wish in a Phonograph and more 1. Artistic cabinet which add charm to the home. 2. Twelve distinct Tolumet of tone. 3. Perfect tone control, avoiding blast" on high, loud note. 4. Practically eliminates needle scratch, . 5. Automatic stop on all models. 6. Plays all record. This beautiful Sheraton period model is an artistic addition to the home furnishings, a constantly in creasing source of satisfaction. You can select it in Biltmore mahogany, fumed or golden oak, all at the same price. It is equipped with 6teel and jewel needles, two reproducers for playing all records, automatic stop, and five shelves for record albums. You can buy this beautiful Cheney on con venient terms. Cheney Regular Models, $ 125 to $385 . CHENEY TALKING MACHINE COMPANY Caieasa aa tw Vark, G. F. Johnson Piano 147-149 Sixth St, Portland, Oregon CHENEY PHONOGRAPH COMPAN Y ' DUtrihatvn, 212 Sellina; Bids;., fortlaad. Oregros .K 1 THOMPSON'S .. vv X ,1 Deep-Carve Lensea 3 iv a.v nruir Kir If Are Better Trademark Uegistered THE SIGN OF PERFECT SERVICE Thoroughly experienced Optometrists for the exami Dation and adjustments, skilled workmer- to con struct the lenses a concen trated service that ' guaran. lees, dependable glasses at reasonable prices. Complete Lena Grladlns; Factory oa the Premises SAVE YOUR EYES THOMPSON I) OPTICAL INSTITUTE Choa. A. Rusco, Pres. and , Gen. Mgr. EYESIGHT SPECIALISTS Portland's Largest, Most Modern, Best Equipped, Ex clusive Optical Establishment ZOS-lO-ll CORBBTT Bl.DC FIFTH AND MORRISO.X Slacc lOita 3 D cjr a a & a Evils of Constipation. Perhaps the most serious of the dis eases caused by constipation is appen dicitis. If you would avoid this dan gerous disease keep your bowels regu lar. For this purpose jnamreriain s Tablets are excellent, easy to take and mild and gentle in effect. Adv. NO HIE HE SAYS Seattle Man, in Bad Shape for Many Years, Declares He's En tirely Over His Troubles. "I don't believe I ever felt better in my life than I do riffht now and it is Tanlac and nothing else that has fixed me up in such fine shape." said Wm. H. Whiteman of 115 Fourth ave nue North. Seattle, recently. Mr. Whiteman has been in the emptor of the city since 1907 and is now con nected with the health department. "For a good many years 1 had been bothered with rheumatism and at times It nearly knocked me out. My legs would ache and pain me so I could hardly stand on my feet and the muscles would all get sore and stiff. My arms and shoulders hurt terribly sometimes and my back was weak and lame and, in fact, I ached all over. "My stomach got out of order and my appetite went back on me. Noth ing seemed to set well with tne and at times I became so nauseated I couldn't keep down a thing I ate. I had headaches a lot and got so nerv ous I was afraid to drive an automo bile. I slept poorly, fell off in weight and my condition worried me not a little. "Well, sir. If anybody had told me Tanlac would fix me up like it has I wouldn't have believed a word of It. but it's a fact, five bottles have put me back in as good health as I ever enjoyed. I haven't a pain anywhere about me, eat whatever I please and sleep fine. In fact. I'm In tip-top shape and every time I get the chance now I slip in a good word for Tanlac." Tanlac is sold in Portland by th Owl Drug Co. and all leading drug gists. Adv Established Zl Teats la PortUn! CHINE MELIICIMU CO. C. OEB WO n made a Ufa I to p r o r lias o tassea in r w w u r bs. Puds i hark, a a 4 a ompounded therij from ma wonoi lul. wati ram dies, ail kith ara (ectiy Harmless, a BO joiaaaaa rugs er narcotics oi any d osed In tbelr make up. kor stomac lung, kidney, liver, rhanniatlsm. nm Hlvla Mtirr, bladder. blOOd. Ber . 11 .tnn.a mnA all dlSOtd ef maa woman and children. TrJ C Oea Wo'a Wonderful and w ft n awn Root and Herb Hemadl) CImA rmmnUu will itirtlv and Quick follow. Call or write tor lo format ! THE C GEE WO CHINESE MEDICINE CO. 182V4 First 8U Portland. Oregei INGROWN TOE NAIL TURNS OUT ITSELF Phone your want ads to The Ore gonian. Mln T CIO, Automatic 560-95. lioos. Adv. A noted authority savs that a fd dropa of "Outgro" upon the akin sul rounding the ingrowing nail raduc Inflammation and pain and ao toug ana the tender, sensitive akin und Death the toa nail that it can r. penetrate tha flesh, and the nail tur naturally outward almost over nisi "Outgro" ta a barmlesa antisrp manufactured for chiropodists. Bo aver, anyone can buy from tha dr store a tiny boltla containing dlrei 1