THE MORNING OREGONIAN. SATURDAY, J FEY 2, 1921
7
DB. MORRISON WINS
LAND-CASE DECREE
Circuit Judge Gatens Rules
Against Episcopal Board.
DECISION CREATES SCENE
Court Tells "Christian Gentlemen"
Precepts of Confucius Might
Have Given Them Wisdom.
Dr. Morrison and associates bad paid $40.- f gotten along equally well since that
000 for the property. J number was reduced to nine. Reduc-
5oar.duof l5uft,e!'a ,0Jlo!TS? th,e fSl tion the number to five commis
vlce and wishes of Btehop Scadding in the . ,.. , . , , u
procurement of this property, he being the 8loners would be so much better.
own oi tne cnurcn ana more interesreu
In a decision which declared that
some of the parties to the suit had
been laughing- the teachings of Jesu-s
Christ to scorn, and suggested going
to the heathen to learn Christianity.
Circuit Judge Gatens handed down a
decree for the defendant yesterday
morning in the suit brought by the
board of school trustees of the Episco
pal diocese of Oregon against Rev.
A. A. Morrison, D. D., rector of Trin
ity Episcopal church of Portland.
Announcement of the decision was
accompanied by what was character
ized as one of the most dramatic
ecenes in the history of court pro
ceedings in this city- The courtroom
was crowded with prominent men and
women who had taken an interest In
the case, and many of them, especially
the women, during the reading of the
decision gave vent to their emotion
with tears.
The announcement of the decree for
the defendant was met wtih cheers
from many present and the crowd
ewept forward, overwhelming Dr.
Morrison and Dan J. Malarkey, who.
with E. B. Seabrook, had defended
Dr. Morrison, with congratulations.
Judge Gatens escaped to his cham
bers, but was sought out by friends
of Dr. Morrison who wished to thank
him for his decision. Many of the
weeping women parishoners- of Dr.
Morrison embraced him in their 3v
over the decision, as they also did Mr.
Malarkey.
Appeal Will Be Taken.
Following the decision, Charles E.
Cochran and V. T. Slater, attorneys
for the plaintiff, announced that they
would appeal the case.
In his decision Judge Gatens char
acterized the action brought against
Dr. Morrison as in the nature of an
appeal from Bishop Scadding. dead, to
Bishop Sumner, alive. He referred to
the fact that Bishop Scadding appar
ently was satisfied with the transac
tion involving the purchase of the
farm for the site of the academy,
which transaction was the basis of the
action.
"The board of trustees in 1908 and
1917 deferred to the wishes of the
bishop, as head of the church, and
a court of equity should not lend its
aid by decreeing that the Judgment
and wishes of Bishop Sumner were
superior to those of Bishop Scadding,"
said Judge Gatens.
Judge Gatens also declared that
there was no evidence th,at Dr Morri
son acted in a secretive manner as to
his interest in the property sold for
the academy site.
"There is no evidence to show that
Dr. Morrison acted other than any
honest man would have acted under
all the circumstances and conditions,"
he said.
Confucius Ireeept Injected,
The Judge referred to the fact that
the parties to the suit profess Chris
tianity and are officials of one of
the most influential churches in the
Christian world.
"The practical application of these
Christian precepts have been notice
ably absent in this case," he declared.
"The court commends to some of
these Christian gentlemen the words
of one who often has been referred
n n a heathen Confucius who was
born 500 years before the time of
Christ, as their future guide. This
heathen said: A heart set on love will
do no wrong. Again he said: 'To
breed no wrong In the state and breed
no wrong in the home; not to do unto
others what we would not they
should do unto us."
. Mr Malarkev expressed satlsfac
tion at the vindication of Dr. Morri
son. He said that Dr. Morrison, nat
urally, was greatly relieved that the
strain was over.
"Dr. Morrison never doubted for a
moment that he would be vindicated
when thh decision came," he said,
"but the hearing, naturally, has been
a strain to him.
Dr. Morrison and his children, be
sides many of his parishioners and
friends, were present when the
opinion was read.
Text of Court's) Decision.
The text of the decision follows:
This is a suit brought by the" plaintiff
against the defendant for an accounting.
In liK'S the defendant was one of the
trustees of the .plaintiff board and &od to
the plaintiff 100 acres of land in Yamhill
county for the sum of 9:23,000. The plain
tiff claims that defendant made a profit In
the sale of the iariM to the board, which
he should not. in good conscience,- be per
mitted to retain.
i'rior to and In 1008 the then board of
school trustees were looking for a ite for
the purpose of reopening Bishop Scott
academy. They desired to locate the
school away from tne city ana oisnop :
Scadding had requested hie co-trustees j
and others to keep a lookout for such a
place. The defendant's attention was i
called to the loio-acre farm of .Bland Her
ring in Yamhill county. Dr. Morrison pro
posed to Mr. Herring that he sell to the
board 100 acres of his farm upon which
were located valuable improvements. Mr.
Herring refused, for the reason that he
would sell either the whole farm or none
Inuring the early spring of 190S, before
leaving for Europe, Bishop Scadding vis
ited the property and was much impressed
with its beauty and its apparent availa
bility as a school site. There is evidence
tending to show that he became enthus
iastic regarding it and prior to his depart
ure for Kuropd directed some of the trus
tees to secure the same.
Board Enters Into Contract.
Accordingly on June 23, laws, the board
entered into a contract witn, Streeter 4
Ior-an for the purchase of 100 acres of
the 101 5 -acre tract, upon which were lo
cated three, large barns, four small barns,
one grist mill, a modern 14 -room dwell
ing house, an electric power plant with
dynamo and full equipment for electric
lighting, including a large gasoline en
gine, an adequate sewer and water system,
it concrete uaiu with necessary piping, a
blacksmith, shop and other improvements,
together with a 12-year-old Knglish wal
nut orchard of about -0 acres and an or
chard ot assorted fruits, for the sum. of
25. 000.
The defendant then organized, together
with E. K. Morgan, the Walnut Grove com
pany, which took over the entire tract of
1015 acre-s, paying therefor the sum of
S40.00O. It then sold and conveyed to the
plaintiff the said 100-acre tract for the
sum of $-o.0l)0. It Is contended by plain
tiff that the defendant withheld the fact
that he had any personal Interest in the
saie of this land to the board. There Is no
evidence to support this contention. On
the contrary, all of the trustees testified
that thov had some information to th
effect that Ir. Morrison had some personal
Interest in the sale of thia land, with the
exception of Mr. Oanong. who was advised
of same within a ehort time; after his re
turn from the orient.
Property Worth Price Paid.
The testimony shows that Bishop Scad
ding said that the property was worth
126.000 and to go ahead and buy It. Rev.
I. K. Hammond, one of the trustee, tes
tified that the first Information he had as
to the exact amount paid by Dr. Morrison
and his aociat for this land came from
I:shop Scadding who informed, him that
than anyone else in carrying out the pur
pose of the trust. Bishop Scadding is
aead; and for 13 years no one has ques
tioned the good faith of the trustees who
In 1008 procured this property at his "In
stance and request, or Dr. Morrison's con
nection therewith.
It Is contended by the defendant that
the present board of trustees, at the be
hest of Bishop Sumner, directed this suit
to be brought for the purpose of humiliat
ing and degrading him In the eyes of his
parUhioners and the public generally.
On March 20, 191S, the present board of
trustees adopted the following resolution:
"Resolved, That this committee recom
mend to the bishop of the diocese that he
submit conclusions of counsel to Dr. Mor
rison for his consideration and in the
event that Dr. Morrison fails within a rea
sonable length of time to make reparation
In a manner satisfactory to the bishop,
then legal proceedings to recover damages
should be Instituted and prosecuted vigorously."
Bishop Made Sole Judge.
From this resolution it Is apparent that
Bishop Sumner was made the sole judge
as to what reparation should be demanded
of defendant in order to prevent the in
stitution of legal proceedings against him.
At the time this property was acquired
Bishop Scadding was more than pleased
with It and was anxious to secure the
same. It seems to be a difference of opin
ion between Bishop Sumner and Bishop
Scadding as to the desirability and value
of the land for school purposes. In 1908,
when this property was purchased by the
board, it was In excellent condition. It
had been well cared for and undoubtedly
presented a most beautiful appearance.
When Bishop Sumner viewed the property
in 1915 it had been sad'Iy neglected and
presented an entirely different appearance.
Bishop Scadding had voiced the opinion
that the property was worth $25,000.
Bishop Sumner does not think that the
property was worth what was paid for It
and the present board of trustees has del
egated to him the sole power to say what
reparation, if any. Dr. Morrison shall make
In order to satisfy, not the board, but
Bishop Sumner. This la an appeal from
Bishop Scadding, dead, to Bishop Sumner,
alive. The board of trustees in 100$ and
1017 deferred to the wishes of the bishop,
as head of the church, and a court of
equity should not lend Its aid by decreeing
that the J udgment and wishes of Bishop
sumner are superior to tnoee of Bisnop
Scadding.
Dr. Morrison Is Absolved.
The evidence Is conflicting as to whether
the property Is worth the sum paid for
it. There is no evidence in the case to
show that Dr. Morrison acted In a secre
tive manner as to hia interest or fraudu
lently withheld from the board or any
other person Information as to his real
Interest in the land or misused the trust
fund of the plaintiff to bis own personal
benefit. Had Dr. Morrison and his asso
ciate purchased the 1015 acres for $25,000
and sold the 100-acre tract for the same
sum to the board, an entirely different sit
uetion would have arisen; but such is not
the case. There is no evidence to show
that Dr. Morrison acted other than any
honest man would have acted under all
the circumstances and conditions.
During the concluding arguments of this
trial counsel for the respective parties
quoted holy writ, applying some to their
respective opponents. All the parties t
this suit profess Christianity; they are of
ficlals of one of the most influential
churches in the Christian world the
Protestant Episcopal church teaching
brotherly love, humility and charity to
ward all. The. practical application of
these Christian precepts have been notice
ably absent In this case.
Gold Kill Farmhouse Burns.
GOLD HILL, Or., July 1. (Special )
The farmhouse of w. J. Smith on
Sardine creek, six miles from Gold
Hill, burned early this morning. The
loss is $1500 and no insurance. Origin
of the fire has not been learned.
Electric Rates Advanced.
and power rates went Into effect to
day, the city having withdrawn Its
protest against the sew schedule upon
an agreement with the Cottage Grove
Electric company that it will return
to patrons any amount above that
which the public service commission
at the approaching hearing" upon the
application for the rise may deter
mine t" be just. The advance is made
necessary, the electric company states,
because of the increased cost of fuel.
Hen Pdt9 Two Eggs Together.
COTTAGE GROVE, Or., July 1.
(Special.) Mrs. Isaac Taylor has a
White Leghorn hen with an unusual
record. On one day it laid an egg
measuring 8 Inches by 6 inches.
On the next day it laid an egg of
normal size and on the third day
laid an egg measuring 74 inches by
64 inches. It is Quite evident that
the mammoth epsr of the first day was
an afterthought with the hen. for
markings on the shell show quite
plainly where she took two regular
eggs and put them together, doing an
unusually fine mechanical job of
cementing the shells together and
dressing down the rough spots.
Sayings of Con foci us Cited.
The court commends to some of these
Christian gentlemen the words of one who
has often been referred to as a heathen-
Confucius, who was born 500 years be
fore the time of Christ, as their future
guide. This heathen said : "A heart set
on love will do no wrong.' Again he said:
To breed no wrong In the state and breed
no wrong in the home; not to do unto
others what we would not they should do
unto os. speaking of Tzu-Ch an, he said:
"His own life was modest; he honored th-i
man whom he served; he was kind in rear
ing the people; he was .lust In his callings
upon them." And again, this heathen
said: "There are three duties which a gen
tleman prixes to banish from his bearing
violence and levity; to sort his fact to th
truth; to purge his speech of the low and
unfair
If some of the parties her had followed
the precepts of this heithen and had en
tered Into the consideration of their ap
parent troubles with a "heart set on love"
and had been 'Must 'n their callings" upon
others, this case would never hay been
brought into court and much of the ill
will now apparent among the parties
well as lay members of this good church
would nave been avoided.
Teachings of OIiriKt Tgnored.
They would have been following as well
the teachings of Jesus Christ. Some of
the parties have failed to practice that
which they have been preaching, and in
this case have been laughing the teachings
of Jesus Christ to scorn; and as the Chris
tian people throughout the world spend
millions of dollars annually to Christianize
the followers of this heathen, Confucius,
In conclusion permit the court to say: "Go
thou to the heathen and learn Christian
ity." Decree for defendant.
CITY MANAGER IS URGED
SEATTLE MAYOR TO LAUNCH
HIS COMMISSION PLAX,
Municipal "Utility Enterprises De
clared to Demand Change
in Local Government.
SEATTLE, Wash., July 1. (Spe
cial.) Intention of taking early steps
toward reorganization of the munici
pal government along1 city manager
lines, centralizing authority over the
city's huge untillty enterprises, was
announced yesterday by Mayor Cald
well, who returned to his office after
a month's sojourn In the east.
Mayor Caldwell said he intended to
have charter amendments prepared
providing for a commission form of
government of Seattle, along the lines
proposed by him in his annual mes
sage to the city council recently. He
characterized the plan proposed) by
Councilman Fitzgerald of making the
mayor a voting member of the coun-
without veto power, as a compro
mise between his own proposal of
five commissioners and what he called
the existing cumbersome form of
government under which the city's
business is now operated.
"The city has gone into the utility
business on a large scale," the mayor
said, "and someone should be the ex
ecutive head of our various municipal
enterprises. Authority over the sev
eral utilities should be centralized
and someone should have authority to
make needed changes if It is found
that any department is not properly
operated."
Speaking of Councilman Fitzgerald's
plan, which would provide for nine
councllmen, including the mayor, Mr.
Caldwell said: "Why nine? Why not
five commissioners. Formerly Se
attle had 13 councilmen and we have
ff For babiee tortured by
" Jeethingor stomach
rash, eczema etc., there is
immediate relief in a jar of
Besinol Ointment. No
smarting or stinging when
applied. Gives just the
cooling touch to produce
comfort and sleep. Sold is
two sixes bj all druggist
Resinol
j Li
S
WclblLUMP'"
A Feature Comedy
"The Stoyy
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The $150,000 picture, with 1200
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A spectacular high-brow
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Kinofrrams
n 1 1 II I lit. r- 1 '
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TODAY !
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an
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on the
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3?
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4
The story of a wealthy and beautiful girl young, innocent,
credulous duped into an elopement with a scoundrel. En
lightened, she flees, only to become involved in still further
predicament.
See this ravishingly beautiful star dressed as a Bacchanite at a
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yy' y'.'.u 1 ' gw sw Wi
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"The Star Without a Fail
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