Morning Oregonian. (Portland, Or.) 1861-1937, September 21, 1921, Image 1

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    kTClT I V (1 18 081 enm n PrlUa lOnnal
PORTLAND, OREGON, VJXESDAT, SEPTEMBER 21, 1931
2G PAGES.
PRICK FIVE CENTS
E
MAN IS SHOT TWICE;
HANNA LEAD?jRSUM
IN SENATO.L RACE
DLJIOCRAT f& ORED. 1652 TO
19 86, IN ALBUQUERQUE.
68-MILE STORM HITS
NORTH PACIFIC COAST
L
SEASIDE HOTEL LOOT
FOUND IN PORTLAND
FOUR UN AH
OADPOGIM
NEW CO
0 HMO
FILM MEN LOSE
CITY AUDITORIUM
Metro Officials Charged
With Sharp Dealing. ,
WIFE REPORTED CAUSE
W1LDIH JACKS IS IX CRITICAL.
PROSPERITY ROAD
F1KST BIG GALE OF SEASON
ATTAINS HIG1I VELOCITY.
STOLEN rUOPEUTY SAID TO
BE WORTU $5000.
CONDITION IN MEDFORD.
ONMAHONEY URY
IS GOING FORWARD
All of Refined Type-Three
Are Married.
SPECIAL VENIRE NECESSARY
Challenges May Throw Out
Entire Tentative Panel.
LONG TRIAL IS FORECAST
Alleged wife Murderer Makes No
Effort to Continue Itrpuled -Insanity
Pretense.
RKATTLE. Wash.." Sept. . 10. (Spe
cial.) Kleven Jurors seven men nd
four women were tentatively select
ed today for the trial of James E.
Mahoney on the charge of murdering
Ma aged and wealthy wife, Mrs. Kate
Mooerg Mahohey.
This exhausted the available sup
ply of jurors and Judge Ronald ad
journed court until 9:30 o'clock to
morrow morning to permit the sum
moning of a special venire of 100.
Prevailing opinion Is that the jury
cannot possibly be completed until
late tomorrow afternoon. The state
has five peremptory challenges still
and the defense ten. making It pos
sible for the entire tentative Jury to
be thrown out without cause.
lMim Trial ladlrated.
That the trial will be a long drawn
out affair, was Indicated by the ques
tions of Judge and tawyera, who
made It a point to ask prospective
Jurors If they thought they could
stand the strain of two weeks' con
atant confinement.
The Jury as Jt now stands Is con
sidered by court attachea as being
considerably higher In standard than
the average. The four women mem
bers are all Of a refined type. Three
of them are marrid and one single
the latter I the youngest person In
i'lie box. Most of the men are higb
grade artisans.
The tentative Jury was completed
with the passing of Charles W. Angel,
w confectioner of 860T Klrkwood
place, and L. G. Weaterman; a sales
man of 3614 Wallingford avenue.
Vmn la f kallraared.
After a brief recess the court took
up the matter of peremptory chal
lenges, and Juror No. 1, .Mrs. Rose E.
Ilellman, was Immediately excused by
the state.
It was found necessary to examine
six Jurors In order to fill her place.
Mrs. Tena Facklane. 110 Twelfth
avenue, W.: I. Brumbaugh of Tolt;
Mrs. Miry M. Kid red. 815 Twelfth
venue, S. ,W.: Mrs. Caroline Turn
bull. 7323 Twenty-eighth avenue,
N. W., and F. O. Lusthoff, 5642 Forty
sixth avenue, S. W., all being chal
lenged for cause. C. K. Murfln, 245S
Sixth avenue, W, an electrician and
steamfitter,. was finally accepted and
took No. 1 chair.
The defense then excused A. L.
Miller, juror No. 5, who had been
challenged by Johnston before be
was seated, and Charles K. Davis, a
motorman of 7038 Thirteenth avenue,
N". W., waa chosen In his place.
Venire la Exhaaated. '
Mrs. Covington was the last Juror
to be challenged, and her place went
unfilled, as neither I G. Gray, a
check clerk living at Algona, nor
Eurt N. Welton, a carpenter living at
1317 Findlay street, could qualify.
This exhausted the ordinary ventre
and proceedings had to be halted
until more Jurors could be summoned.
Mahoney made no effort to con
tinue the reputed pretense that he la
Insane when he was taken Into court
today, and he wore an expression
throughout the day that denoted an
Intelligent Interest In the selection
of the Jury.
For the first time since he "went
craxy." weeks ago. he publicly rec
cgnlxed his mother and sister Mrs.
Nora Mahoney and Mrs. Dolores
Johnson and sat beside them
throughout the court proceedings.
Taper Itrlnas Grin.
In striking contrast to his appear
ance at the time of his arraignment
when hJs attorney entered an Insan
ity plea he waa Immaculately
tireafd. his face was clean-shaven
and the little hair that he has was
carefully arranged.
He seemed to be In fine fettle and
exchanged remarka with both his
mother and sister during the after
roon. Shortly before adjournment
for the evening Mrs. Johnson smiling,
ly handed him a copy of an after
noon paper, Just off the press, which
announced that "Mahoney Ignored his
sister."
Mahoney grinned broadly and read
the article through, apparently en
Joying every word of" It. When he
waa through he handed It back to his
sister, with what looked auspiciously
like a wink.
' Mother I Kissed.
. Before be was taken out of the
court room at the close of the session
he affectionately kissed his mother
and n-.dded over his ahoulder to bis
sister.
Wrlle prospective Jurors were be
ing Interrogated Mahoney maintained
an air of constant alertneaa. He didn't
seem to be worried by the attitude
f anv of them although quite a few
yera frankly hostile but he peered
iCeacludsd ea Page . Comma 1.) I
Ilvllie Matthews Surrenders to
bhc'rlff and Says Duel Was
Fought In Eagle Point.
MEDFORD. Or., Sept. 20. (Spe
cial.) Wilbur "Wig" Jacks, ex
marshal! of Eagle I'olnt, was taken
to a Medford hospital In a critical
condition with two- bullet holes In
his body, and Rollie Matthews, lso
or Eagle Point, was held in the
county Jail as the result of a shoot
ing affray in Eagle Point thia morn
ing. Bad blood has existed between
the two men for the psst five years,
according to Sheriff Terrlll. over at
tentlons Matthews waa alleged to
have paid Jacks' wife. Matthewa waa
on horseback at the time of the
shooting.
Conflicting stories were told by
both sides. After the shooting Mat
thews returned to his home, where
he awaited the coming of Sheriff
Terrill and deputies, to whom he
surrendered and handed over two re
volvers, saying:
"This Is my gun and that one Is
Wig's."
Two empty cartridges were found
In Matthews' gun and one empty one
and a snapped e In the gun Mat
thews said waa Jacks'.
While still conscious after the
shooting, Jacks said to Sheriff
Terrlll:
"There Is no self-defense about It.
He said he waa going to shoot me.
and I said, go ahead and do it. 1
don't care."
Jacks then collapsed without fin
ishing his statement.
John Nichols, In front of whose
place the ahootlng occurred, said he
first heard loud talking, and then
two shots and saw a revolver in Mat
thewa' hand, and Jacks crawling over
a wire fence and failing. Nichols,
who Is a relative of Jacks by mar
riage, said Jacks had no gun.
JUDGE TO ENTER SCHOOL
Ileppner Municipal Jurist Will Bo
Freshman at Vnlvcrslty.
HEPPXKF1, Or.. Sept. 23 (Spe
clla.) Hcppner la perhaps the only
town in Oregon that will end an
active Jurist to the Cnlve-rity of
Oregon this year. Munlcipil Judge
hughes of Heppner leavea tomorrow
morning for Eugene, where te will
enter the university as a freshman,
taking a course In business admin
istration. Judge Hughes as ap
pointed to the position of municipal
;uige about IS months agu to fill
the vacancy caused by the death of
Judge Williams, and has made an
enviable record as a Jurist. He was
the youngest Judge In the state.
Other Heppner students giing to
the university this year arj Arthur
1 nomas, Elisabeth Phelps, Leta Hum
phreys, Elma Peterson and Roland
Humphreys.
Students leaving this week for Ore
gon Agricultural college are' Helen
Parrett, Violet Corrlgall. Max Rogers,
Edward Notson and Jasper Cswford.
Robert Notson will enter his second
year at Willamette university and
Jared Aiken goes to Columbia uni
versity at Portland.
SOVIET GETS SHARP NOTE
British Demand Explanation of Al
leged Asiatic Intrigues.
LONDON, Sept. 20. (By the Asso
ciated Press) The British govern
ment has dispatched a strongly word
ed note to Moscow calling attention
of the aovlet government to alleged
serious breaches of faith Involved
in the pursuance by the Russians
throughout central Asia and Afghan
istan of a campaign of intriguer
against Great Britain. An explana
tion is demanded.
The note Jetalls fully the alleged
hostile acts. Most ef them were in
Afghanistan.
HILL SEES IMPROVEMENT
Great Northern Chief Impressed by
Conditions on Coast.
ST. PAUL. Sept. 20. Louis H Hill,
chairman of the threat Northern Rail
way company, reported upon nts re
turn from the Pacific coast aad the
r.orthwest today that conditions were
improving.
"Business Is definitely on the up
grade," Mr. Hill said.
BANK MESSJENGER ROBBED
San Francisco Youth Attacked Near
Place of Employment.
SAN FRANCISCO. Sept. 20 Arthur
Field. 22. a messenger fo.- the First
National bank, was attacked, beateJ
and robbed of $2220 of the bank's
funds today.
The robbery occurred a few blockr
from his place of employment, ac
cording to a police report.
SUBMARINE R-27 IN PORT
Naval Craft That Cave Distress
Signal Arrives in Cuba.
WASHINGTON. D. C Sept. 20.
Safe arrival at GuanUnamo bay,
Cuba, of the American submarine
R-27, which, while en route from
Coco So'.o, Panama Canal sone. to
Guantar.amo. sent out a distress call
Sunday night, was reported today io
the navy department.
Work Pushed Though
Commissioners Are III.
ONE CONTRACT IS AWARDED
More Than 100 Miles of Work
Ordered Advertised.
NEW PROJECT APPROVED
Million-Dollar Block of Bonds Is
Sold; Another Block Is to Bo
Offered Shortly.
DOINGS OF HIGHWAY COM
MISSION". More than 100 miles of work
ordered advertised for letting at
October meeting.
One million dollars of four
year, per cent bonds sold. An
other block of bonds to be of
fered In October, the commis
sion fixing rate of Interest.
Commission agreea to approve
Scoggln valley highway Im
provement district, first of Its
kind under new law.
Postal Telegraph company in
formed commission will resist
to limit the planting of poles
on lower Columbia River high
way. Commission will not contract
for aurfacing two onita of
Mount Hood loop In Clackamas
county until January.
Survey of The Dalles-California
highway through Maupin
ordered, ao town can be rebuilt.
Attorney' Instructed to collect
money Gilliam county owes
the state.
t
With R. A. Booth, chairman, re
cuperating In the mountains of south
ern Oregon, with W. B. Barratt sick
In his hotel room, with John B. Teon
on deck but coughing violently, and
with Attorney Devers aneesing, the
state highway commission and its
attaches needed the attention of phy
sicians rather than that of contract
ors, bond buyers and county courts
yesterday morning.
As a one-man commission could not
function, adjournment was taken un
til the afternoon, after bids had been
rece'ved, and later Commissioner Bar
ratt dragged himself from bed to
I l Ooneludt-d on FaKe 4. Column 1.1
Grant County, Lost In Gubernato
rial Election Last Year by Can
didate, Carried This Year.
ALBUQUERQUE. N. M.. Sept. 20.
Returns received by the Albuquerque
Morning Journal up to o'clock to
night from the senatorial election
held today Indicate that the aouthern
part of the state is showing unusual
strength for Richard H. Hanna, demo
crat, and republican majorities are
being cut down, while In the northern
counties Senator Bursum, republican,
is running strong.
Indications are that the result will
be very close.
ALBUQUERQUE. N. M.. Sept. 20.
Practically complete returns, from
the city of Albuquerque in the sena
torial election today give: Bursum.
republican, 1652; Hanna, democrat.
list.
Last year Hanna for governor car
ried the city by more than 1000.
SILVER CITT. N. M., Sept. 20.
Practically complete, but unofficial,
returns Indicate "that Hanna. demo
crat, for United States senator, has
carried thia (Grant) county by 250.
Last year. vhen he ran for governor,
he lost the county by 221.
ROSWELL, N. M., Sept. 20. Four
precincts In Roswell give for United
Statei senator: '. Hanna, democrat,
1347; Bursum, republican. tS.
SWISS BALLOON WINS
Gas Bag Lands in Ireland and
Get James G. Bennett .Trophy.
LONDON, Sept. 20. With the land
ing today cf the Swiss balloon, piloted
by Paul Armbrustcr, all T4 competi
tors In the international race for the
James Gordon Bennett trophy, which
started Sunday at Brussels, have been
accounted for.
The balloon landed at Lanbay island,
oft the east coast of County Dublin,
Ireland, and therefore wins the cup.
GENERAL WOOD IN CHINA
Day of Leisure Enjoyed Before
M.iklng of Official Calls.
PEKING, Sept. 20. By the Associ
ated Preas.) Major-General Wood
and W. Cameron Forbes, .who have
arrived here from the Philippines,
were given a day fo leisure today be
fore entering on their programme of
official calls and entertainments. '
. They plan to depart for Japan by
way of Korea on Sunday..
22 BODIES ARE RECOVERED
70' Victims of Colliery Explosion
All Believed Dead.
BRISBANE. Queensland. Sept. 20.
Twenty-two bodies have been recov
ered from the Mount Mulligan col
liery near Cairns, where an explosion
of gaa occurred Monday.
-It Is believed that all those en
tombed, about 70, perished.
THEY OUGHT TO BE ABLE TO STOP THAT FELLOW. j
Wind Warnings Continne to Hang
on All Coast Stations of Or
egon and Washington.
The first storm of the season struck
the north Pacific coast yesterday
with a wind velocity of 10 miles an
hour at North Head and f A miles an
hour at Tatoosh. At fi o'clock yes
terday evening, according to reporta
received by the local office of the
weather bureau, , the gale was etill
blowing miles an hour at . North
Head, but had blown itself out at
Tatoosh. where the velocity had
dropped to alx miles an hour from
the west. The stronger blows earlier
in the day. both at the mouth of the
Columbia river and the entrance to
Puget aound, were straight from the
south.
, Whether or not the tailing off of
the blew' farther north indicated the
approach, of the storm's end on the
Oregon coast could not be stated last
night by Forecaster Wells, for the
entire northwest was still enveloped
in an area of low barometric pres
sure, and it was thought that there
might be a aecond gale stacking up
behind the first one.
Storm warnings ordered early yes
terday for all Oregon and Washing
ton coast stations were ordered con
tinued at 5 P. M.
PORT TOWNSEND, Wash., Sept. 20.
A southeast gale swept the lower
sound early this morning. The purse
seine fishing vessel Athena was
driven ashore in Port Townsend bay
and left dry by the receding tide, but
escaped damage. The Port Townsend
city float waa oast adrift, but later
was recovered. Small boata generally
scampered for cover.
ASTORIA. Or, Sept. 20. (Special.)
The rain which started last Satur
day haa developed into a southerly
gale which today was sweeping along
the north .Pacific coast.
The barometer was fairly high, but
haa been dropping slightly since
morning. Many believed this waa the
equinoctial atorm which was con
sidered due either today or tomor
row and that it would be followed
by a period of pleasant weather.
JUDGE SPANKS OFFENDERS
Juvenile Delinquents Persuaded to
' ' Return ' to School.
KANSAS CITT, Mo., Sept 20.
Judge Porterfield, presiding over the
juvenile court, stopped a acssion of
that coiyt here today, removed one
of his low shoes and spanked four
juvenile delinquents with It.
The (our boys, in court' for truancy
from school, told the Judge they
would not go to school and asked
h m to send them to the county in
stitution for youthful offenders. The
judge sent out for a sultab'.e stick.
tut none could be found, lie then
used his shoe.
'"What about school now" he asked
when he had replaced the shoe.
The four said the felt it was a
good Idea.
"Silver State" Now Rich
Agricultural Land.
OLD MINING GLORIES GONE
Livestock, Grain, Sugar, Corn
Now Leading Products.
SOME HANDICAPS NOTICED
Recent Slump, However, Appears
to Have Been Less Severely
Felt Than Elsewhere.
Br RICHARD SPUXANE.
(Copyright by the Publie I-edxer Co. Pub
lished by arrangement.)
DENVER. Colo.. Sept. 20. Denver
means Colorado, otherwise the silver
state and the centennial state. The
silver state Is a misnomer. There is
.little silver, mined here today. It
doesn't pay despite the Plttman act.
Mining men aay silver can be mined
profitably only aa a by-product.
Today Colorado is an agricultural
land. In this field it nas made great
progress, although less than one-third
of its area is under cultivation. Wheat
ranks first, with a yield of about 2S.
000.000 bushels Sugar beets second,
alfalfa third and corn fourth. The
potato crop is Immense and sorghums
bulk big. Of course every one knows
of Colorado cantaloupes by reason
of the Rocky Fords, but the fruits,
particularly apples, peaches, pears
snd cherries, bring six times the
money total of the cantaloupe crop.
Truck farms abound. Perhaps the
finest cabbages of the country are
grown here.
The dairy business has grown
amasingly. Last year it amounted to
J28.0O0.OOC. Tne livestock from Colo
rado farms brings a yearly return
up to three times that of the state's
metal output. '
Old Ml A 4itortes ;.
Gone are the glories of Leadville,
Cripple Creek, Sllverton, Aspen and
euch places. Men talk of beet sugar.
Improved livestock, tire factories, the
tourist traffic, merchandising and
industrial enterprises.
Denver is the jobbing center of a
rrest mountain region stretching well
north Into Wyoming and down deep
into Nev Mexico and reaching into a
portion of Utah. Trade has been
pretty good. Locally It haa been a
trifle better than the average of
eastern cities. This Is explained In
part by the tourist business. Last
year 240,96 tourists were booked
here. Tourists' purchases have made
July the second best month In the
year in Denver stores, December
ranking first.
Department store reports are about
the same as those of eastern citlea,
an Increase In purchasing with a de
crease In money volume. July, 1921,
for all the retailers reporting, shows
10.) per cent in money less than July,
1920. Warehouses are bare of goods
and merchants are buying In ac
cordance with seasonable require
ments but not laying in excessive
stocks. The most prominent depart
ment store head In the city considers
conditions satisfactory and says mer
chanta are alowly and steadily re
covering from the losses sustained
through the forced sacrifice of goods
bought at peak prices.
CmI aad Steel Frodaeed.
. The biggest single industrial con
cern of the state Is the Colorado
Fuel & Iron company, which In its
coal mines ahd Its steel mills, its
lime quarries and ore properties
normally employs 14,000 men. Its
mining business can be classified as
cne-half coal and one-half steel. Its
steel plant la the only one west of
the Mississippi manufacturing pig
iron.
The anomalous aituatlon is pre
sented today of the company having
Its iron mines and its lime quarries
shut down and operating only its
lolling mills and its wire mills as
need requires, and yet it has orders
booked for (1,000 tons of raila. The
pipe foundry operates Intermittently
and wire nails and staples are manu
factured only as needs require, which
means about 81 1-3 per cent of that
department's capacity. There Is evi
dence of a slight Increase of orders
for wire mill products but It re
mains to be seen if this Is permanent.
The company is capable of producing
200,000 tons of rails annually. Orders
for 1921 were substantial and the
mills worked two shifts until after
April. Then distress cr.es came from
the railroads asking for deferred
rollings. When these became insist
ent the rail mills were shut down.
The company hopes to resume opera
tions of the rail mills In November.
This depends, however, on the ability
of the railroads to take the products.
Meanwhile the orders remained
booked.
Coat Deposits Eionaoon.
Colorado has mors coal than any
othsr section of America. Over the
divide, in the territory of which
Glenwood Springs is the center, there
are enormous deposits of highly
volatile coking coal. Further west
In the Summerset district there are
other large field". In the Durango
section the supply is practically un
tCutuluUcd ua i'ass , Culuuia 3.)
official to Drop Case ou Fledge
of Thief to Restore Value of
Goods to Owners.
Silverware, table linen, bed linen
and other articles were stolen re
cently from the Seaside hotel and
recovered in Portland on a search
warrant signed by officers and stock
holders In the hotel company, it be
came known last night. The total
value of the property recovered was
said to aggregate more than 15000.
According to long-distance tele
phone report from Seaside, no war
tants have beeu issued for the arrest
of any person or persons thought to
I be implicated in the theft of the
I property. Although hotel officials
and officers of that county know tne
person who owned and shipped trie
trunk, no arrests have been made,
and, according to authentic reports,
there will be no arrests.
Those said by hotel officials to be
Implicated or to have complete
knowledge of how the property was
taken from the hotel have promised
to make full restitution for every
thing that la missing. It waa re
ported. The trunk was shipped from Sea
side to Portland early last week.
Later In the week officers of the
hotel company came to Portland and
procured a search warrant for the
seizure of the trunk after they had
received Information that it con
tained considerable property stolen
from the hotel.
According to Deputy Constable
Miles, who seized the trunk. It was
in the basement of the Klledner
building on Washington street. It
was taken to the courthouse and
opened. It was found to be full of
property claimed by the Seaside
hotel.
Further reports from Seaside re
garding the theft of considerable
other property from the hotel were
denied by stockholders and officers
by long-distance telephone last night.
All of the property taken from the
hotel has been recovered, and no
criminal action Is likely to be taken
In view of the fact that full restitu
tion has been promised, it was said.
DEATH OF TWG MYSTERY
Motive for Killing of Los Angeles
Girl Not DlHclosed-
LOS ANGELES, Sept. 20. The po
lice today aald they had been unable
to discover the motive for the slay
ing of Miss Esther Greening, high
school girl, whose body was found
shortly after midnight on the porch
of her hornet beside that of Albert
Pemberton, an oil worker. Each had
been shot through the heart.
Positions of the bodies, the police
said,' indicated that Pemberton shot
Miss Greening and then himself.
MEXICANS KILL AMERICAN
Soldiers Slay Oil Company Employe
In Fields Near Taniplco.
WASHINGTON. D. C. Sept. 20.
Carl R. Tabb, an American employe
of the Mexican Petroleum company,
was shot and killed Sunday night
"by Mexican soldiers" In the oil
fields near Tamplco, the American
consul at Tamplco reported today to
the state department.
The consul. In his report, gave no
details, but aald that the shooting
had been reported as accidental.
FOREIGN MINISTER NAMED
J. D. Trlnce of New Jersey to Kep
resent Vnlled States in Denmark.
WASHINGTON. D. C. Sept. 20.
Dr. J. D. Prince, a language pro
fessor at Columbia university, has
been selected by President Harding
as minister to Denmark.
Dr. Prince Is president of the state
civil commission of New Jersey.
INDEX OF TODAY'S NEWS
-
The Weather.
TESTER DAT" fr Maximum temperature, 67
degrees; minimum, e ai(ac&
TOD A r a Rain; southwesterly winds.
Fereign.
Sinn Fein district In uproar again. Pas 2.
National.
Arms conference to open solemnly. Page t.
Domestic.
Seven witnesses examined In Inquiry to
tlnd source of Arbuckla liquor. !' a.
IT Samoan chiefs sentenced to Jail- Pag I.
I'aelfle Northwest.
All In readlnea for opening of great west
ern drama at i'eodieton tomorrow.
Page 1U.
Will Governor Olcott seek offles sgalnT
la punllng Salem. Page 2o.
Husband is shut by another man, wlf
ropuried c.use. Page 1.
Sports.
200 entries expected In city golf tourna
ment. Pag 14.
Korty Unlveraity of Oregon football play
ers scrimmage. Pag 14.
Pacific Coast league results: At Portland
S, San Kranclsco 7; at I-o Anaeles.
Vernon ft. Salt L.ak lo; at San Fran
cisco, Oakland S, Sacramento T. No
gsm at Seattle. Los Ange.es, traveling.
Pag 11.
Three ex-champlons survive first golf
round. Pag 14.
High school football achedul drawn up.
Pas 14.
Commercial ami Marine.
Oraded valley wools sell at good premtuma
Pag 17.
Rain damage reports hav steadying ef-
tct on Chicago wheat market, fag 17.
Bond market strong with liberty Issues
actlv. Pag 17.
Ke wheat shipping concern to export
grain in bulk. Pag IS.
Portland and Vlelnlty.
Film men los city auditorium. Pag 1.
Oregon road programme pufthed, rtesplto
itlnesa of commissioners. Pag 1.
Eeaxlde hotel loot Is found In Portlsnd.
Page 1.
Two go on trial fnr murder today. Pag 10.
G8-mll gal atrlkes north Pacific coast.
Pag 1.
Marked decrease In number of divorce
sunt lutU sated la lotal sjiuL Tag L
"4 HORSEMEN" CASE ENDED
Carl Stern and Melvin Win
stock Under Ban.
BUILDING OPEN TO MOVIE
Councllmen Say KcxpoiiMlblc Per
son May NcgotlHte for Vso of
Municipal Structure.
Carl Stern, northwest branrh man
ager of the Metro Film corocraUon.
and'. Melvin U. Winstock, l.-id rep- .
resentative of the same couc.-'n. were
barred yesterday by unanimous action
cf the city council from uv.ng the
public auditorium f.r thowlrr "The
Four Horsemen of the Apocalypse.'
Evidence showed that effo-ta had
been made to sell this picture to the
Jensen & Von Herherg' Interests after
a contract had been signed for the
use of the auditorium.
The councllmen made It pliln. how
ever that they were not barring the
f.icture from the auditorium, and that
any responsible person could obtain
elates fv showing the film If satis
factory arrangementa were agreed
fpon with H. M. White, ma-.ager of
the auditorium.
Film I.lkely to Cerae Ilete.
It waa evident at the hear. no- that
Portland probably will get an oppor
tunlty to see this picture, for not only
did Dan J. Malarkey, of the Jfneen &
Von Herberg concern, state emphati
cally that his clients were wHIIng to
enter Into negotiations wi'.h thii
Metro company for the plc'ure, but
William T. Pangle. manager pf the
Helllg theater, aald he was ready to
negotiate for the purchase or leaati
cf the picture rights In Portland.
It developed at the hear i.g that
last June the picture was booked In
the Hellig theater for a tw?-weeks'
straight run, and datea were set
aside. I
Later, Mr. Pangle said, the dates
were canceled without any explana
tion whatever. Mr. Panglo then
went to San Francisco and viewed
the picture and Interviewed repre
sentatives of the Metro corporation.
He was advised to proceed to New
York to determine why the dates
reserved at his theater had been
canceled.
w York Trip Taken.
"I went to New York and called
upon W. K. Atkinson, general man
ager of the Metro corporation," aald
Mr. Tangle, "and he told me that
the reason we were not getting the
picture was because his representa
tives were dickering with the Jen
sen Interests. He promised me thst
he would telegraph Mr. Stern In Se
attle and determine what the situa
tion wss.
"I called on him a few daya later
and he told me to communicate with
Mr. Stern on my return to the coast
and he was certain (hat I would be
able to obtain the picture. I called
Mr. Stern on the telephone when I
reached Portland and h3 -promised
to send a representative to see me.
This was not done, and not only
was I left with two weeks of dates
on my hands, but I was not even
given an opportunity to obtain the
picture after I had Journeyed across
the continent to that purpose."
Injury la Claimed.
Mr. Pangle maintained that If any
body had been Injured In the contro
versy It wss Calvin Helllg and him
self, and that he should be given an
opportunity to show the picture. In
asmuch as he had signed the first
contract with the Metro people for It.
Acting Mayor Blgelo declared
developments during the last few
hours had rhown plainly that It i
necessary to clean up not only the
acting features of the motion picture
business, but also the business side
of the Industry.
"The evidence produced In' this
case shows conclusively that Mr.
Winstock and Mr. Stern attempted
to sell this picture to the Jensen
ft Von Herberg people after they
had signed a contract to show the
picture in the auditorium," he said.
Dickering Is Described.
Additional evidence ahowed that
Mr. Stern telephoned to Mr. Jensen
Saturday, September 10. two days
after the contract had been signed
with the city, and attempted to make
an appointment with Mr. Jensen to
discuss the sale of the "Four Horse
men"'picture. September 13 Mr. Stern
again called Mr. Jensen on the long
distance telephone and asked what
his best proposition would be for the
purchase of the feature film.
Mr. Stern told the council that the
reason he had called Mr. Jensen on
the telephone was to avoid angering
him by the auditorium bookings.
"I had other films to sell to him,"
said Mr. Stern, "and I had to do my
best to keep on good terms with him."
Copies of the telegrams exchanged
between the New York and Seattle
o.'flccs of the Metro corporation
showed that this organisation antici
pated box office receipts of 125.000
a week from showing the "'Four
tCeacludvd ea Pag 8, Column 1.)