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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 10, 1921)
" ' ' ' ''''
VOL. LX NO. 18,866
Entered at Portland lOTegon)
Pnstnfflce s Beeond-Cl.ss Matter.
PORTLAND, OREGON, TUESDAY, 3IA.Y 10, .1921
PRICE FIVE CENTS
PAID TO BERGDOLL
MATRONS AND MAIDS
PLAN UNIQUE PARTY
SOCIETJT LEADERS WILL GI.VE
'"LADIES CHOICE" BALL.,
TO ACCEPT TERMS
HAITIEN ATROCITIES '
ALL ROT, SAYS DENBY
PROBE DECLARED WELCOMED
BY SAVT DEPART3IEXT.
STUMP COLLEGE MEN
IDLE MEN DECREASE .
RAPIDLY IN OREGON
NEW TRIAL IS ALL'
THAT MRS GETS
Case Is Not Over Yet,
Frierson Declares. .
GRADUATES AMAZINGLY IG.
" XORAXT, SAYS AYIZARD.
REDUCTION IS 15,000 TO "000
$60,000 Obtained After
Evader Is Fugitive.
MOTHER AND AIDE COLLECT
Friend Husband and Mr. Fiance
to De Other Women's Guests at
Warcrlcy Club Evcni.
$105,000 Received in All,
Hous Probe Reveals.
ONE CHAPTER MYSTERY
Majority Socialists and
Clericals Vote Yes.
O ,s in
REICHSTAG ACTION IS LIKELY
- protesting against
I'tion of Haiti, decla
For originality in planning social
affairs, honors this season fall to Mrs.
David Taylor Honey man and Mr3.
Josephine Andrews. To them credit
is due for arranging for a festivity
which promises to be not only the
most brilliant but the most unique of
The event, which will take place
next Friday night at .the "Waverley
Country club, will be a. subscription
ball, but the odd feature that is caus
ing a sensation in society is the an
nouncement that each of the 100 ma
trons and girls on the list may invite maniair"T ir in MTrrn
some man other than her husband or NEW CAdINLI IS WAN I hU
"I'm Sick of Having This Thins
Recur, T y" 'sproved and Re- ,
" Is Declaration.
D..C, Hay 9. Sec
ret X .cnby, characterizing as rot
f v s made by three Haitien dele-
memorial to the White
Process of Formation.
What Became, of Treasure "ot
Brought Out Colonel Testi
fies on Granting: Leave.
WASHINGTON, D. C, May . The
fact was established today through
W. L. Alexander, a clerk in the treas
ury department, by the house commit
tee Investigating the escape of Grover
Bergdoll that the latter's mother and
a friend obtained 105,000 in gold from
the treasury in 1919. But from there
the trail was not uncovered to the
buried pot in the mountains of Mary
James Romig, awaiting' sentence on
conviction of conspiracy to aid Berg
doll, was the agent, Alexander said,
thrpugh whom $45,000, the first batch
of gold, was obtained. On his sec
ond trip Romig was accompanied by
Mrs. Emma C Bergdoll, also awaiting
sentence for conspiracy, and they left
.with 460.000 in gold.
Merita Foam Unwilling.
When he made his first visit Romig
found clerks unwilling to turn over
even $20,000 on their own responsibil
ity and, Alexander said, he fumed and
fretted about the corridors until his
application was laid before R. C. Lef
fingwell, then an assistant secretary,
This amount was given for gold cer
tificates, but once it was placed in an
automobile,. Romig went back for
mure, i ncrc was some aeiay, accora-
ing to the witness, but In the end
Romig got it. '
There was no embargo at that time
on the withdrawal of government
sold, but the policy of the depart
ment, as explained by Alexander,, was
to keep It' in the Vaulto by placing
diplomatic obstacles in the way.
A Bother Trip la Made.
Three weeks later Romig returned
with Mrs. Bergdoll. It was brought
out that at the moment the woman
was at the treasury posters were dis-.
played offering a reward for Berg
Romig pushed a- bundle of bills
through the window, and after some
delay, Alexander said, and with the
approval of tho treasurer, left with
more gold than a stevedore could
What became of the treasure was
not brought out today.
The gold chapter was related after
Major-Ueneral March, chief of staff,
had given his views on getting Berg
doll back from Germany to serve his
five-year sentence, and had declared
that diplomatic moves were under
way to get him.
Berajdoil -Bmi S .re linen."
Bergdoll was described as a "bad
specimen of deserter", by the general.
who declared that be would not have
apologized had Americans kidnaped
him on German soil. . .
Other witnesses were Edward S.
Bailey, law partner of Samuel T. An
eell, ex-acting judge advocata-gcneral
of the army and counsel for Bergdoll.
and Colonel J. A. Penn. assistant to
Major-General Harris, adjutant-general
of. the army.
Colonel Fenn declared he had sug
gested to the commandant of the dis
ciplinary barracks at Governors Is
land that a commissioned officer be
placed In charge of the guard accom
panying Bergdoll and that the sug
gestion "practically amounted to an
March Relates Iaeldeat.
When Anscll applied to General
Harris for authority to permit Berg
doll to make the search. Colonel Penn
snl ' . ii- adjutant-general said it was
.-onable request by a respon-jwycr."
General March declared that when
Oeneral Harris brought up the Ansell
rcqacst, he only glanced at it and
that it was approved by the latter,
who had full authority.
Mr. Bailey reiterated that ex-Judge
John W. Wescott of New. Jersey was
associate counsel In the Bergdoll case,
notwithstanding the judge's denial
that his name bad been mentioned in
letters to Major-General Harris and
that it was again mentioned in a
statement given to the press by An
sell and Bailey a few days after the
prisoner had escaped.
Reverting to Judge Wescott s testi
mony that he knew nothing about the
pot-of-gold story prior to the escape.
John H. Sherburne, counsel for the
"Was the gold mentioned at the con
ference with Judge Wescott at which
plans were discussed for the release
to hunt it?"
"Why, absolutely," Mr. Bailey re
plied. "There was no question about
it. Judge Wescott was there all the
time we were talking about It."
fiance. Just whom they shall honor
with their invitations is the question
that is puzzling many. And if Friend
Husband is Invited by some other
woman, he, too, must go and have a
good time. The invitations are being
accepted quite readily, for no person
wants to miss seeing who the others
have invited, and so a good attendance
is assured. If everyone accepts there
will be 200 in attendance. .
Early in January Portland society
bad a "husband's bench show" and
now some of those very same fine
husbands are being bidden to this
."ladies' choice" society ball. And at
all the informal afternoons from now
until Friday the topic will be "Wonder
who so and so will invite?"
Several dinners are to precede the
ball. Among the hostesses who will
entertain will be Mrs. Henry Cheney,
Mrs. Antoino G. Labbe, Mrs.- Bert
McKay and Mrs. Grenville Vernon.
It is planned to .make the -ball most
elaborate by transforming the club
house into a fairyland of flowers, but
all the details have not been worked
Mrs. Andrews is a sister of Mrs.
Fred L. Warren and with Mrs. Warren
gave a gorgeous oriental ball early
in the winter. It was a marvelous
party, . attesting the cleverness and
originality of. the young hostess. And
now comes the dance with "other!
men's wives" and "other womenlfe bus-j
bands" as the perfectly understood
Mrs. Honeyman planned a large
share of the details for the royal
party for the queen of the Rose Fes
tival last summer and always is an
inspiring leader; so, with such execu
tive heads, the approaching ball .will
assume a notable place on the social
Paul Locbc. lo lie Commissioned by
President Ebert With Or
ganizing Xcw Body.
SHRINERS PASS IN REVIEW
Several Thousand, Afoot ami In
-Autos, File Past President.
WASHINGTON. D. C, May 9.
President Harding today reviewed a
parade of Shrincrs held in connection
with the 16th annual convention of
the National League of Masonic
Several .thousand Shriners filed
past .the executive offices in automo
biles and on foot Two cars collided
opposite the president but there were
The -president declined the invita
tlon shouted at him to "come on' and
join us," but he gave the grand
salaam in answer to that extended to
him. A Shriner seated on a camel
almost lost his perch with his approv
ing cry of "At'a boy, Mr. President."
JAZZ HELD. EVIL SPIRIT
Hysteria Expressed and Idleness
Incited by Wild Music, Is View.
CHICAGO, May 9. Jazz is the evil
spirit of music, Dr. F. E. Morton told
the music trades convention, which
opened today. "Jazz," he said, "ex
presses hysteria and incites to idle
ness, revelry, dissipation, destruction,
discord and chaos."
Pleading for the suppression of
jazz music and a return to "Home'
Sweet Home," he declared that with
home swallowed up in the cabaret,
the great stabilizing center of society
DOUGHTY GETS SIX YEARS
Charge of Conspiracy to Kidnap
Small May Be Dropped.
TORONTO, Ont., May 9. John
Doughty, convicted of stealing $105,
000 in victory bonds from Ambrose
Small, missing theatrical man, today
was sentenced to six years in the pro
Crown authorities Indicated they
might drop for the present the charge
that Doughty. Small's secretary, had
conspired to kidnap him.
Woman Named Postmistress.
THE OREGONIAN NEWS BUREAU.
Washington D. C. May S. Tena A.
Owre has been appointed postmistress
at McKee, Marios county, Oregon.
U. S. DIVERS COMING WEST
Nine avy Submarines Leave Nor
folk for San Pedro.
SAN FRANCISCO. May 9. Nine
navy submarines of the R class will
leave Norfolk navy-yard for San
Pedro tomorrow to join the Pacific
fleet. i .
Advices to that effect were received
BERLIN, May 9. (By the Associ
ated Press.) Late tonight the party
leaders admitted that there would be
available Tuesday in the reichstag
safe majority in favor of accepting
the allied'ultimatum on reparations.
The majority socialists and clericals
in party conferences today voted in
favor of accepting the ultimatum of
the allies. The German people's
party, by a vote of 39 to a. rejected
the proposition. The democrats were
in session at midnight.
As the independents socialists have
favored yielding to the allies, it was
believed there will be a sufficient ma
jority in the reichstag for acceptance
of the ultimatum. '
Paul Loebe of the majority social
ists and president of th; reichstag,
will be commissioned by President
Ebert with the task of forming a
Sentiment in German political cir
cles at noon began showing a drift
in favor of agreeing to the repara
tion terms. It was believed a par
liamentary coalition, which will ac
cept the allied ultimatum, would be
constituted within the next 24 hours.
A dispatch to the Deutsche Allge-
meine Zeitung from Muelheim today
said French troops from Geldorf had
crossed the Ruhr last night and had
occupied various points in Muelheim,
including the national bank.
WALLACE SITS - WITH ALLIES
American Representation at Con
ferences Is Resumed.
PARIS, May 9. (By the Associated
Tress-X American representation at
allied conferences was resumed today
when Hugh C. Wallace, the American
ambassador, took his seat'at the ses
sion of the council of ambassadors
Mr. Wallace received his Instruc
tions last night from Secretary of
State Hughes to represent the United
States government at the ambassa
. The American ambassador was
warmly welcomed at the foreign of
Ice where the council happened to
Use, stats department and congress
declared today that the
navy department welcomed any inves
tigation congress cared to make of
'conditions in that republic.
'It is the same old rot," Mr. Denby
declared, "and. I am sick f having
this thing recur, to be disproved and
The memorial presented by other
delegates 1 representing the Patriotic
Union of Haiti demanded withdrawal
of United States forces and charged
atrocities by American marines and
native gendarmerie in Haiti. The na
val investigation in the republic con
ducted by; a board under Rear-Admiral
Mayo was characterized as - a
The naval secretary said that the
conduct of the marines had beed
Naval investigation had rendered
the same verdict on several occasions
as the Mayo board, he added.
"The marine corps did a splendid
work there as humanely as it was
possible to do it," he said, "and the
naval establishment has functioned in
Haiti in a manner seldom equaled by
When he visifed Haiti recently he
saw evidence, he said, to convince him
that the continued presence of Amer
ican marines was desirable.
MURDER SUSPECT SLAIN
Chief of Police Shoots " Prisoner
After Attack in Jail.
PITTSBURG, Cal., .May" 9. Fran
cisco Rios, section hand employed by
the Southern Pacific -company, ar
rested here today as a suspect in a
murder case at Susanville, Placer
county, was shot and killed in the
city jail by John Williamson, chief of
Rios was taken into custody by
Chief Williamson at the Southern Pa
cific station. At the jail he was
searched, but managed to conceal a
revolver and a cartridge belt. As
Chief Williamsojutas locking Rios in
a cell, he said, the prisoner fired one
shot at him.' The bullet went wild.
Chief Williamson then shot 'Rios
six times, once through the heart.
160 Problems Put Up to Appli
cants for Places n Plant
and Few Pass Test.
NEW YORK, May 9. (Special.)
Here are some of the 160 questions
submitted by Thomas A. Edison . to
college graduates seeking employ
ment in his plant, the answers to
which prompted him to remark: "Col
lege men are 'amazingly ignorant.
They don't seem to know anything."
"Where de we get shellac from?.
"What -is a monsoon?
"Where do we get prunes?
."Where do we get domestic sar
dines? .. "Where do we import cork from?
"Of what kind of wood are ax han
"Who wrote 'Home, Sweet Home'?
"Where are condors to be found?
"Who was Cleopatra?
"What voltage Is usetf in street
"What is felt?
"What states -produce phosphates?
"Why Is cast iron called pig iron?"
"Where is Spitsbergen?
. ."Who was Francis Marion?
"Who invented logarithms?"
"What ingredients ar in the best
"Where do we get benzol from?
"How is window glass made?
"Bound the state of West Virginia."
These are selected from a list of
141 questions submitted by a young
man subscribing himself as one of the
"amazingly ignorant" applicants for
a position in the plant of the wizard
at Menlo Park.
The list was shown today to W. H.
Meadowcroft, assistant to Mr. Edison.
Asked if they comprised a part of the
questionnaire submitted to applicants
for positions in the plant, Mr. Mead
owcroft declined to answer "in ab
sence of the boss."
Benson Firm on Marine
. Wage Reduction.
PLANS FOR PACT FALL FLAT
New System Slated to Re
ward Efficient Workers.
OUTLOOK MORE HOPEFUL
(Concluded on Page 2. Column 1.)
Johnson Resolution Gives Congress
Authority in Stales.
WASHINGTON, D. C, May 9.
Senator Johnson, republican, Cali
fornia, introduced today a resolution
proposing a constitutional amend
ment to give congress authority to
regulate state primaries. It is de
signed to meet the situation arising
from the decision of " the. supreme
court In the Newberry case that con
gress was without power to regulate
Senator Newberry returned today
to his seat in the senate.
SIBERIANS IN DIRE NEED
Conditions Pitiable, With People In
Actual Want, Report.
TOKIO, May .9. Conditions in the
interior of Siberia are pitiable with
practically all the people in dire need
of clothing, food and medicine, ac
cording to D. O. Lively, formerly of
the ' American Red Cross, who has
arrived in Tokio Yrom Vladivostok.
lie said there were many persons
in Siberia who had not had new cloth
ing or adequate clothing for six
D. O. Lively .i
man. For many years
he was asso
ciated w ith the Portland Union Stock
yards company and during the world's
fair at Fan Francisco represented
Oregon inan official capacity.
TORNADO.- FELLS RESORT,
Two at La Porte, Tex., "Hurt and
Property Daniago Is Large.
HOUSTON,-Tex., May 9. A tornado
which was reported to have swept up
from thc coast and -move eastward
struck La Porte, near here, tonight,
seriously iiyuring two persons, wiped
out a summer resort near La Porte
and caused property damage of thou
sands of dollars.
All wires were down.
ITS TOO BAD WE CANT DO THE SAME WITH SOME OTHERS.
LEAGUE MEETING CALLED
xt Session of Assembly to ' Be
Held September 5.
GENEVA, May 9. (By the Associ
ated Press.) .The assembly of the
league of nations will hold its next
meeting September 5. in Geneva.
President Da Cunha of the leag
council today Issued the call for
ue's I T
I P ' ' 1 ' ' '
Officers and Men Return lo Jobs in
Increasing Numbers and Sail
ings Are Nearly Normal.
WASHINGTON. Ma'y S. Confer
ences Secretary Davis has been hold
ing in an effort to settle the marine
workers' wage dispute were discon
tinued today after Chairman Benson
of the shipping hoard had reiterated
his stand for a 15 per cent wage re
Representatives of th Marine En
gineers' Beneficial association 'an
nounced they would leave Washing
ton to attend to other matters and
Secferary Davis said he had arranged
for no further conferences. Should
the situation change, however, it Is
understood that the secretary will at
tempt to bring the several parties to
gether. Efforts Are Futile..
W. S. Brown, president of the Ma
rine Engineers Beneficial association,
said his committee had made the best
proposition possible to the shipping
board and the shipowners through
Secretary Davis and that no further
concessions would be made. The pro
posals, based upon the vote at all
ports yesterday, were submitted in the
afternoon. A conference had been
held earlier between the joint com
mittee representing the marine engi
neers' association and Secretary
Davis. The latter communicated with
Chairman Benson by telephone and
later announced that, as efforts had
proved unavailing, the conferences
would be discontinued until there was
Indication the resumption would bs
Benson Firm on Redact Ion.
Chairman Benson said he stood
firmly for the 15 per cent wage re
duction and, regardless of whether an
agreement were reached, he Intended"
to put into effect on shipping board
vessels some system which would en
able men showing efficiency to get
the benefit of the resulting savings In
the form of extra compensation.
Reports today, the chairman said,
showed that tho outlook ws hopeful
and that an increasing number of of
ficers and men were volunteering to
return to work. Sailings were nearly
normal, he added.
1 SHOT, 6 BEATEN" IX RIOT
Labor Commission Predicts Road
Work and Berry Harvest Will
Absorb 2 000 by May 31.
SALEM, Or., May ,9. (Special.)
There Jre approximately 7000 idle
men in Oregon at the present time.
as compared with 12,000 last January,
according to a report prepared here
today by C. P. Gram, state labor
commissioner, for transmission to the
federal labor bureau at Washington.
D. C. Of the number of idle men
now in the state Mr. Gram estimated
that 480O were in Portland.
Based on the decrease of 10 per
cent in the number of unemployed
men in Oregon since March 1, the
date of making the previous report
to the government, Mr. Gram today
predicted that the total number of
men out of work on May 31 would
not exceed 6000. This improvement
in the labor situation, he said, would
be made possible by the resuming of
road work in various sections of the
The approaching harvest of soiall
fruits and berries also will have a
tendency to take care t idle men,
Mr. Gram said. While there is no
way to estimate the crops for the
present year, Mr. Gram said that
under normal agricultural conditions
practically all of the men at present
unemployed would have Jobs early In
July. This, he said, was conditional,
however, upon the workers accepting
work on the farms and in the berry
fields 4f they are unable to get work
in their accepted professions.
Mr. Gram's report to the govern
ment showed that the average wage
now being paid men on farms is 40,
while a year ago the same men were
receiving as high as 175. Despite this
reduction in wages, ho said, the de
mand for farm labor was far less
than it was a year ago.
SPOKANE, 'Wash., May 9. Warm
weather had materially lessened dis
tress incident to unemployment, ac
cording to a report made public hero
today by W. C. Carpenter, federal em
ployment agent for the Pacific north
west, but probably 20,000 men in the
state of Washington still are Idle.
Employment conditions in Wash
ington and Idaho have shown a slight
improvement during the past week,
the report states, with a slight in
crease in the demand for agricultural
ACTION MERELY REMANDED
Confession of Error Still Up
held by Government.
EVIDENCE IS CRITICISED
Professors Who Teach Red . Doc
trine Honeycomb Colleges.
NEW. YORK, May 9. The report of
the joint legislative committee Invcs
tlgating seditious activities was made
- The authors concluded that revolu
tionary radicals had sought to further
their aims through personal props
ganda, directing their efforts chiefly
toward college students, negroes and
American colleges. It was charged,
were honeycombed with avowed so
cialist professors, whoso teachings
The report said that "union labor
is being incessantly impregnated with
INDEX OF TODAY'S NEWS
Crowd Breaks Through Police
Guard and Boards Ship.
SAN FRANCISCO. May 9. One mart,
a bystander, was shot and five men
were beaten here today In water-front
rioting arising from the marine work
The trouble began when a crowd j
estimated at 00 broke through aj
ponce guara ana Dtfaruca wic siiippiuti
board steamer Bakersfield. Three of
the ship's crew were beaten badly.
The crowd dispersed upon learning
that police reserves had been sum
moned. Later Thomas Colleen, a chauffeur
for the Matson Navigation company,
was attacked by a crowd of men, who
declared Colleen's passengers were
non-union men on their way to ships.
Colleen fired his revolver twice. One
shot struck Frank Wilson, who was
sitting in a barber shop having his
hair cut. The other shot perforated
the trousers of a man who was "stand
ing on the curb.
Colleen was arrested on the charge
of discharging firearms.
The Pacific-American Steamship as
sociation, composed of steamer own
ers, said they had obtained affidavits
from two members of the Bakersfield
crew that previous to today they had
been followed and beaten by men wbo
said they were union, pickets. The as
sociation also announced that its mem
bers had decided to lay their vessels
up pending a settlement of the differ
Only one American steamer cleared
from here today. It was the West
Isleta, for Philadelphia. Her crew had
been signed prior to May 1, under the
former wage scale and conditions, it
MOTORCYCLE RACE FATAL
Veteran Rider Dead as Result of
COLORADO "SPRINGS, Colo., May .
Raymond A. Phebus. 35, veteran
motorcycle rider, died at noon today
as a result of injuries received Sunday
afternoon in the Cripple Creek en
durance run when his motorcycls
catapulted him and his partner, n
W. Longstaff, Into a fence sear
Crystofa. in Ute Pass.
Longstaff suffered a broken right
arm and. left leg, but his condition is
TESTE Ft DAT'S Merest tmpertur,
decree.; lowest, 43 degree
TODAI'8 Occasional rains; southerly
Oerm.ny eipctcd ti accept reparation.
terras, fa go x
Heir to Japanm. throne irt tumultuoua
welcome in uritisn capuai. -aga
Albera case not cloacd, Frlcraon.
Charges of Haitien atrocities all rot, saya
lenby. Page 1.
Senate party lines broken In tariff debate.
Irreconcilable, are aatlsfied so far with
Harding's courae. Pag X.
Woman la now fn lo plana of wool.
Wheat e.roo thl year proml to b
larger than that of l-0. Paga
United States trea.ury gold paid Berg
doll. while fugitive. Page 1.
Railroad inquiry will atart today. Page 4.
Edison's questions .tump college men.
Page L, .
Marine etrik. sessions end In failure.
Executive council of labor federation wants
rail controversy submitted to public.
- Page 4.
Oregon lumb-rm-n and cannera seek new
business. I'ag-e 22.
Rancher killed; slayer gives up. Page 8.
Canadian says trsrte balance In A-ncrJcar
favor wi'l laat P'gJ Z, ....
Oregon's Idle men decrease rapidly. Page 1.
Fruit growera open ngm on rates. i o.
Pacific Coast League results! At Peattl
4, Vernon s: at Han r rancisco x, aacra
mento 3 (10 Innings); at Ixs Angeles
fi-8. Salt Lake 1-1; at Portland, no
game Page 14.
Edwards on card to fight Monro. Page 14.
t omtnerrlal ana jisruio.
Declines In commodity prices are less rapid,
page 23. -
Bearish crop report eipeeted by Chicago
wheat traders, rage io.
Railway stocks strong and motor issues
weak. Pag. 23.
Rtriklnr seafarers of Portland acre to
man ahips to rllev. Alaakana. Pag. 2&
British steamer here for grain. Pag. 22.
Prank Troeh adds to his scatter gun lau
rels. Page 14.
Portland and Vleialty.
Jungle denlsens found at circus. Page 15.
Two women candidatea for school board
appear. Page 11.
1200.000 bond Issue for fir equipment pro
posed. Pag. 11.
Ple-cutUng is on. candidates lesrn. Page 24.
Home exposition shows everything. Pag. 12.
Director Slpill counsels moderation In con
struction of school buildings. Pag. 12
Railroad defends bridge contrsrt. Pag.
Suspect sought for murder of Phillips girl.
Soclstv women will lv brilliant "ladle.-
choice" ball. Page 1.
Boy burglaries get amasing 'collection of
loot. Page 1.
Conviction Declared Possible
ConieU-nt Evidence Is Pro.
ducrd In Second Trial.
WASHINGTON'. P. C, May f The
case of Henry Alhcrs, a German con
victed In Portland, Or., of havlnc;
violated the espionage act. has sot
been closed through the recent con
fession of error entered In the su
preme court by the government,
Solicitor-General Frlerjn declared
In a statement today, but has bcrn
"merely remanded to the district
court for a new trial."
The supreme court ordered judg
ment reversed. The governments
action, Mr. Frierson explained, was
taken because the district attorney
who prosecuted Albers Introduced as
evidence against him certain state
ments he was alleged to have made in
1914 and 1915, or before the United
States entered the war.
In two circuit courts, the second
and eighth, it had been held that the
admission of such evidence rendered
the trial unfair and was reversible
for error, the statement said.
"In those circuits, the ruling had
been acquiesced In by the department
of justice, upon a careful considera
tion of the record the department was
satisfied It was unjust to ask for an
affirmance (of the convictions) ob
tained In part, at least, by the use of.
evidence of this kind. Untertalnlng
tho views above expressed, there was
but one course open to the solicitor
general. He accordingly confessed
"This dots not frre Albers. Th
case Is merely rcmumled to the dis
trict court for a new trial. If ha
is guilty. It Is presumed there would
be no difficulty In securing another
conviction by tho us. of competent
re-triaij is i;.pecti:i soo
District .Mlornry Believes IiL
dencc for Conviction Ample.
Unless Instructions to the contrsry
are received from Washington, Henry
Albers will come up In the near futurs
for a retrial under the espionage act,
according to Lester W. Humphreys,
United States attorney for tho district
of Oregon. Even eliminating thoss
portions of the evidence ruled out by
the decision of Solicitor-General Frier,
on, the United States attorney be
lieves that the government has cnouah
evidence to convict Albers a second,
Bert E. Hancy, ex-United States at
torney, who conducted the prosecutlea
of Albers In the Oregon district fed
eral court and who represented tht
government on the appeal case to th
circuit court of appeals for the ninth
district, was plainly astounded at th
reason given by the solicitor-general
for confessing error.
It is truo that such rulings wcr
made in the second and eighth cir
cuits,"' Mr. Haney said, "but In every
other circuit courr except those two
where the question was raised lh
same rulings were made as were made
in the Albers case. In other words.
such evidence was held as admissible
in every one of the nine United States
circuit courts of appeal except tha
second and eighth. The same decision
was almost universally upheld in th
"There has been no direct ruling oa
the question by the United State
supreme court. In the Marie fequl
case, however, the point was raised,
and the supreme court even refused ts
review the case or to take Jurisdiction
in it. This might be easily construed
to mean thathe court upheld th
"It appears to me that the solicitor,
general has taken a very trifling mat.
ter upon which to confess error."
Judge Charles H. Carey, attornef
for Albrs on appeal, refused to mak
any statement last night when ln
formed of the announcement by Solicitor-General
REPUBLICAN CMC PROTESTS
Attorney-General Urged to Get Ac
tion In Alber Case.
Besolutions criticising the action of
Solicitor-Genets Frierson of th da
partment of justice In preventing th
case of Henry Albers, Portland miller
convicted under th espionage act,
from coming before the United States
supreme court fur final decision wr
sdopted last night at the monthly
meeting of the Republican Study cluk
at the l'brary.
The club called upon Attorney-Gen.
eral Daughcrty to take action In se
curing a reversal of Mr. Frierson
action and to do everything posaibi
to bring th case before th suprem
court Instead of having it reirled
here. Copies nf the resolutions war
tlvaciuU.ti ou i'ag. 3. Ctfiuma 2.