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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 24, 1922)
T1TE MORXIXfy OKEGONIAX, FRIDAY, BIARCII 24, 1922 ARGUMEPfTS ENDED IA! WOERAIDLE CASE Judge cision at Later Date. 1 man whom he believed to be a dan j grerous spy to the United States attor t ney, and in several cases advised for- eigrners Coming to him for advice not I to claim exemption, but to join the j United States army. juiiiuuga me sidium ui limita tions has un and Woerndle cannot be punished' for the things charged against hm, he has been punished," concluded Mr. Haas. "Justice, equity and mercy do not require that he be Bean to Announce De-i lSKf strip him of the spirit of American ism that is tin his heart?" " Prosecutor Attacks Defense. Quite a. different picture of the' ex Austrian consul was drawn by United States Attorney Humphreys in his closing argument. He said if tears of sympathy were, to be shed, they could better be employed because of the gopd American blood spilled In the war 'and that the defendant had shown himself willing to give every thing from his citizenship papers to .his children in the cause of Germany. - Woerndle, he said, could halve taken sides in 1914, and he could have de nounced any nation he chose, but the interests , of the United States, to which He had sworn allegiance, .re quired that he not make fraudulent use of his passport privileges as a citizen in favor of either side at war. "Had the United States remained out of the war, would not the acts of Woerndle have been condoned. OFFICERS DECLARED LAX f CHARGES HURLED AT GRAYS HARBOR SHERIFF. DEFENDANT MAKES PLEA U. S. Attorney Denouncea ex-German In Salt to Deprive Man or Citizenship Papers That Joseph Woerndle was a Joseph who wore a coat of different colors, on one side the colors of the United States and on the other, .when it would be of aid to his fatherland, the colors of Germany, was the argument of Les ter W. Humphreys, United States at torney, who appeared in federal court yesterday in final hearings of the rather noted suit to cancel Woerndle's citizenship papers. As against that picture, -Woerndle himself made a statement to the court', affirmed his love for the country of his adoption, pictured himself as torn between his devotion to the United States and his desire to aid his aged parents and relatives in Germany, and declared anew his allegiance to Amer ica. Tears were in his eyes as he taid he would rather lie under the sod than to have the consciousness that any act of his would be responsible for the humiliation of the United States. , ' Statement Is Effective. The statement of Woerndle in his own, behalf was effective. It was followed in the afternoon by a sunr mary of the case by C. T." Haas, his attorney, after which the case was j closed, and Jude Bean will give his j decision at- some date as yet unan nounced. : That cancellation of the Woerndle citizenship would have the effect of making a woman without -a country of Mrs. Woerndle, fipxmerly. Cecilia Sherlock, member of a prominent pio neer family of Portland, since she would take the status of her husband in the United States, -was the state ment of Attorney Haas. He said the interests of his client were undeniably bound closely to those of the United States, where he has struck his roots deeply into Amer ican soil. His family is here, his 3 a uwc, ma wiie anu tnree i sons, all of them unable to speak or w uiiiei &.iiniu uerman, proves, ne Officeholders In Defense Assert ' County Law and Order League ' Fails to Lend Help. . MONTESANO, Wash., March 23.- (SDeciaL) Charges of indifference and laxity in duty and inferences o crooked dealings were hurled at off! cers of the. county by F. L. Morgan and Rev. Paul Ashley of Hoquiam at a meeting of the County Law and Order league in Elma. -Sheriff Elmer Gibson denied many of xthe statements made and put up a strong defense for the administration of the snerm s office. '"' ! Open gambling in club rooms at the corner of Eighth and I streets in Hoquiam last Saturday was charged by Mr. Morgan. He spoke at length of a crime wave on the harbor seV' eral yaars ago in which 25 men were killed and of the career. or "Tex- Vernon, declaring no one had been brought to justice. He scored the officers, charging failure to drive out THREE RECEIVE HONORS AT WHITMAN COLLEGE. HsaBswavlBsBBSBiKiiBisBsaslssssssBa .... WHITSI AN COLLEGE, Walla Walla, Wash., March 23. (Special.) A col lege team debater and captain of last year's championship football team, Ben Conrrada of Seattle, was chosen Tuesday night by the senior class as one of three seniors to deliver commencement orations next June. Comrada. is a member of the Delta Sigma Rho, national honorary debating society, and also of the Phi Delta- Theta fraternity at Whitman. . Miss Helen- Van Nuys of Portland, Or., and George Benjamin Smith of Lbs Angeles. Cal.; have been selected by the faculty. Miss Van Nuys was chosen oiv all-around merit, while Smith heads the senior class in scholar ship. Both are members of Phi Beta Kappa, national honorary scholastic society.' ... - said, that Woerndle had become, in truth, a citizen of the country. America Neutral at Time. "It is necessary." he told the court, "to keep in mind that the offenses charged were those of 1914, before there was any thought of the United States entering the war. Those of foreign birth in this country at the opening of the war were torn between conflicting emotions. However, ex pression of their sympathy for their native land was common. At the be ginning of the struggle Germany was regarded as the 'under dog. Most of the foreign-born were pro-German, pro-British, pro-French, or some thing. Twelve senators of the United States were taking sides with Ger many up to ihe day this country de clared a state of war existed witn that coumyy. "It was not a question of dislovaltv with them. Our young men, in many cases, were crossing the line into Canada and, forswearing their alle giance to the United States, were en listing in the British forces. Yet when they returned, their citizenship was restored to them. Celebrations were being held throughout the United States by various groups when either one or the other side at war won a success. Lojcnl Precedents Cited . Legal precedents were cited, one a case In which a man of German birth who had taken out his first papers registered with the German consul at Galveston for service with the Ger man armies. His right to American citizenship was attacked later, but the court held he acted within h rights, inasmuch as the United States was not at war with Germany wnen the alleged offense was com rnitted. suppose, said the attornev. "the United States had remained out of the war, or suppose, again, that the United States had joined .with Ger many in the conflict, would the acts of woerndle now be declared dis loyal?" Mr. Haas said that the Hans Boehm of 1914 was not the Hans Boehm of 1917 and 1918. He was then a re spectable resident of Portland, one who had declared his intent to be a citizen, with responsible positions in this city. Relatives Came of Worry. Letters of Woerndle w-ere quoted throughout the arguments as showing his solicitude for his aged father and his brothers, one of them'the father of seven children, who was serving in the Gernjan army. It was said Woerndle went to extreme lengths because he was forced to get his let ters by the military censor. An in stance was given where in one letter Woerndle wrote conspicuously in a large blank space in the center of the eheet, "God will never desert the Ger mans." He said it was only in letters where he was put to this subterfuge that undue .praise for Germany was written. One letter to Hans Boehm - was stressed by the defense, for in it ap peared a reference to "that country across the water second dearly loved best by us alL" He spoke in it of efforts being made to keep the United States out of the war. America Declared First. Attorney Haas said this reference could mean only that next to the United States, Germany, the land of his birth, was -Gdearest to him, and that this proved he was loyal tt the country of his adoption It was stated in the argument that Woerndle contributed to the various war, funds, bought liberty bonds and also invested trust funds in his keep ing In the same securities. He was said to have reported property of Hans Boehm in his charge to the ally! property custodian; reported a counsel asks, but I say no," Humph reys declared. Letter Interpreted Differently. "Allegiance is not a war-time qual ity only. It is just as much a re quirement for a citizen today as it was in April, 1917, or in November, 1918. Woerndle cannot say he did not know what he was doing. There can be but one conclusion to the pass port transaction and the object of that was to give military aid to Ger many." . Mr. Humphreys said it was un doubtedly true that, the allusion in Woerndle's letter, wherein he implied one country was more dear to him than Germany, "was in favor of Aus tria, since as a Bavarian he would cherish loyalty to the Hapsburgs, who formerly ruled over Bavaria, and not to the Hohenzollerns, who despoiled Austria of that province. In reading the Woerndle letters, Mr. Humphrey became" caustic "Americans are noisy, they could not even force ragged Mexico to salute the American flag," was one extract. "Teems with love and affection for America, doesn't it?" he inquired. Letters Are Scored. I "I have three boys and they may ( Grays Harbor Company Will Pave De needed oy ine lainei-jauu tex tile criminal element, and declared that only minor offenders were arrested. Sheriff Gibson, replying, asked "Mr. Morgan why no evidence on which to base a criminal' action had been furnished by the league in connec tion with the bottle which was dis played at a recent meeting and de scribed as having been purchased from an officer. The man responsible for the 25 murders and "Tex" Vernon are both in Walla Walla, sent there from this county, he said. The sheriff described such criticism as was voiced last night "unbacked by any real help or evidence," as typical of the attitude of the leaders of the county league. Rev. Mr. Ashby declared there was no encouragement in working through officers who tipped oft places before they raided them. E. S. Avey of Elma declared that town's problem was the proximity of McCleary, which he described as a "vile and obnoxious spot." . TOMO AT LAST ! ROW! $105,552 ROAD JOB LET the war," one letter ran. "I suppose his sons could have learned German just as easily as their father 1 earned English," said Mr. Humphreys. "Oa can examine all these letters with a microscope," he said, "and not find the least reluctance to abuse the United States, yet there is enthusiasm throughout for the, German cause. "The oath of allegiance is a thing of substance every day of our national existence and it cannot lightly be passed over, nor can we consider sympathy in connection with a case so important, as this. The alien and the foreign-born must be told the oath of allegiance means just what It says." U. S. LAND SUIT FILED RETURN OF 18,68 9 ACRES IX WASHINGTON SOUGHT. Area Declared to Be Within Yakima Reservation and to Have Been "Deeded by Mistake. OLTMPIA, Wash., March 23. Spe cial.) Complaint of the federal gov ernment acrainst the state, of Wash ington, before the supreme court of the United States in an action seek tng to recover from the stats an area of lieu lands claimed to be witnin the boundaries of the Yakima' Indian reservation and deeded to the state in times past as portions of the federal grant for school and higher educa tional purposes, was served toaay on Attorney-General Thompson. The action involves 18.6S3.Z5 acres of land which it is claimed is within the reservation. The land, since it was deeded to the etate, has greatly in creased in value. State Land Commis sioner Savidge said today, untirthere is no other federal land in the state that could be given in lieu of this land, which would anywhere near equal it in that respect. The complaint or the government alleges that prior to the passing of any of the deeds to the land, the Taki ma Indian reservation was created by treaty between the government and the Yakima Indians and is stm occu pied by them, no changes inJhe boun daries having been made. RULING MADE ON ' BONDS A Kesular Csrad for Ink Goes a E&atfc without a drink.. JZe marvelous . DUNN-PEN: At sQ Dealers' $2.75 and up ' Court Declared- Unable to Delegate v;" . Approval of Sureties. OLTMPIA, Wash., March 23. (Spe cial.) Discretionary power lodged .in the court to pass upon the character and eufficiency of the sureties on- a bond in a criminal case cannot be delegated to a subordinate,' Attorney General Thompson held in an opinion sent today to Loomio Baldry. prosecut ing attorney of Whatcom county. The court may permit the clerk or any other person to perform, under his di rection, the clerical duty involved in approving the bond. The statute permits the judge of the superior court or the committing mag istrate to admit to ball a defendant ho Is bound over after preliminary hearing, and under its terms there is no authority for the approval of the surettes on the bond by either the sheriff or clerk. Phons your want ads to The Ore gonian. Main 7070. Automatic 660-95. - Olympic Highway Stretch. i MONTESANO, Wash., March. 23. (Special.) The contract for the pav ing of the four-mile stretch of th Olympic highway between Montesano and Brady has been let to the Grays Harbor Construction company of Hoquiam for 1105,552.02. Eleven bids were opened yesterday by the state highway commission in the presence of the Grays Harbor county - com missloners and engineer. The Grays Harbor company bid at the rate of $2.04 for concrete. Th'e commissioners hope that work may be started on the Quiniault to Queet's section of the Olympic high way this summer. It was said that the state is ready to put $70,000 with the $50,000 this county has set aside for the project. Unsuccessful efforts have been made to obtain a federal appropriation to match the $120,000 raised by the county and state. NEW CITY HALL OCCUPIED Centralia Municipal Departments Occupy Splendid Building. . CENTRALIA, Wash., March 23. (Special.) All city departments opened for business this morning in the new $75,000 municipal building recently completed at the corner of Pearl and Maple streets. The clerk's and . treasurer's offices were moved last night, the transfer of the other departments having been effected earlier in the week. -f - Mayor Barner, paying his light and water bill, was the first customer at the new city hall. Carl James, sen tenced for 10 days last night on a charge of having liquor in his pos session, is mo nrst occupant ox ine new Jail. 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