Morning Oregonian. (Portland, Or.) 1861-1937, July 28, 1922, Page 11, Image 11

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Two Months to Be Required
to Take Testimony.
Judges, Ovverule Motion of Con
iestant Demanding Governor
Post $20,000 Bond.
SALEM, Or., July 27.r-(Spectal.)
Trial of the election contest pro
ceedings Tiled recently on behalf of
Charles Hall, defeated candidate for
the republican domination for gov
ernor at the primary contests last
May, will start in the Marion county
circuit court here next Monday, ac
cording to a tentative' agreement
reached tonight- Attorneys intimat
ed that not less than two months
will be required to take the testi
mony based on the issues now be
fore the court.
Governor Olcott, named as con
testee in the suit, won the second
round in the legal battle today,
when Judges Bing-ham and Kelly,
sitting en banc, overruled a motion
submitted by the contestant's at
torneys in which they asked that
the contestee's answer to Mr. Hall's
original complaint be eliminated
from the records unless he posted a
bond in the amount of J20.000.
Bond Argument Made.
W. S. TJ'Ren of counsel for the
contestant, argued that his client
was required to post such a bond
at the time the original proceedings
were filed, and that there was no
good reason why the contestee
should not be compelled to file a
similar bond. It was the contention
of Mr. U'Ren that Governor Oleott's
answer to the complaint in reality
was a counter-action, in that it
brought to light new issues and its
language was not confined to a
denial or explanation of the charges.
As a result of raising new issues,
Attorney U'Pen declared that the
governor's answer should be con
sidered a counter-action and that
he should' be made to comply with
the statutes with relation to post
ing a bond.
Judge Bingham said that it was
his opinion that Governor Olcott
simply ,was attempting to meet the
issues, in that he was the person
attacked. It was Judge Bingham's
contention- that the governor's an
swer was legitimate and that he
could not be required under the
statute to post a bond.
Judge Kelly declared that the
law provides that the contestant
shall file a bond, but that the
statute is silent with relation to
the contestee.
Klttht Denied Governor.
"In this case," said Judsre Kellv.
"Governor Olcott is the only person
in Oregon having the qualifications
of a voter who is denied by law the
right to contest this election. He
is not contesting the rights of the
contestant, but appears in the role
of a defendant..His answer Is purely
defensive and in my opinion is not
a counter action.
The court took under advisement
until Monday mprnlng the request of
the contestant's attorneys that they
be allowed to amend their original
complaint. In this motion the con.
testant set out that recent Invent!
gations had indicated Irregularities
in counting the votes for governor
at the primary election in mor than
800 preoincta in the state In addition
to those specified in the orliHnnl
complaint. These precincts, attorneys
r ine contestant said, are located
In Baker, Klamath.
Sherman, Waseo and Deschutes coun
ties. Additional precincts in Multno
mah and Clatsop counties also were
Included in the contestant's motion
to amend the complaint.
HALTj alleges more frauds
Amendment to Contest Petition
Charges Irregularities.
Alleged irregularities in four more
counties, in the primary election,
are charged by attorneys fr Charles
Hall and tfhey seek to extend the
contest into Baker, Klamath Sher
man and Wasco counties. An amend
ment to the original petition for a
contest, making these allegations,
was filed at Salem yesterday after
noon. Certain irregularities as alleged
In the original petition also are
, claimed in severaifadditional pre
cincts in counties named in the orle-
7 J 11 'Vhe "nenaea petition
..; ;W7Lioh i?, in a,Jditln to those
listed in the original petition.
Six checkers were placed at work
in the registration office at the
Multnomah courthouse yesterday by
attorneys for Governor Olcott. cfom
paring the pollbooks with the regis
tration cards to determine if any
changes were made at the last min
ute. This checking was performed
several weeks ago by the Hall in
terests. A new- charge by the Hall law
yers, which they wish added to their
of the Catholic church, in Marion
county, urged and persuaded a large
number of the legal voters in cer
tain precincts to refrain from vot
ing for Hall and tn vnt. m...
The amendment to the petition de
clares that the precincts so in
fluenced were East Mount Anrel
West Mount Angel, St. Pau" Sublfm
Ity, West Gervals. McKee and Scol-
. e Precinets gave Olcott
843 votes and Hall 23. The lawyers
for Hall want all these precincts
thrown out and declared wholly
According to the attorneys rep're
senting Hall, "certain priests and
other officers of the Roman Catholic
church, and of the parishes of said
church, which included said pre
etfncts, did privately, secretly and
otherwise than by public speech
and public print, by undue influence
and corrupt practices," urge voters
to support Olcott and not Hall. This
campaigning was of such wide scope
"and so permeated the entire vote
cast in each of said precincts, that
they vitiated and invalidated the
entire nominating election in said
precincts for the republican nomina
tion for governor."
Complaint likewise is made by the
Hall interests that election boards
in many counties "erroneously
wrongfully and unlawfully" per
mitted many persons to vote the re
publican ballot on blank "A" free
holder affidavits, andv upon blank
"B" affidavits, who were not mem
bers, in good faith, of the republican
BECAMj vote to be taken
Jackson County Sheriff to Run
for Re-election Saturday.
MEDFORD, Or., July 27. (Spe
daL) Ike recall election against
iif? I life Mn
m : '-i;. HI W.Mf people Knowtnatu means some- x
Jit , , 3 Cllmwll thing decidedly unusual in fur- Vs
It tn the latest style In -which tip-to-date Parisian women are doing their hi I Jffnfe , J HB. ?ffiw . t- T'L.T,j.rt 1ia 4-r Ol.
hair, but It to ont of the qnestion for flappers and near-flapper, who 1 jfc WmJ&ii&W llltUIC VdlUCS. JL 11C Y IC Utlt, .JJ y
have had their locks bobbed. For those who have not as yet had their t W fc lygEtJnr ' 4 ' , . .- j V
hair trimmed, the above mode appears quite attractive with the double- Ut y&C .f Molrfolfl O in OTTPttT A Pt1f fm Pflf
rinB earring to set off the knot of hair In the back. I smEW ' DdTgdUlS 111 CVCry UCpdl UUCUU
Sheriff C. E. TerriU of Jackson
county will be held on Saturday as
contemplated, Circuit Judge Calkins
today having refused to issue . an
injunction to stay the election as
sought by friends of the sheriff.
D. M. Lowe of Medford is the recall
candidate. -
While the recall committee stout
ly maintain that they are seeking
to oust Sheriff Terrill because he has
failed to enforce the laws, particu
larly the prohibition laws, friends
of the sheriff told that the recall
is simply an attempt on the part
of the Ku Klux Klan to obtain con
trol of the law enforcement bodies
of Jackson county. Refusal of
Judge Calkins to stay the election
has resulted in the citizens' com
mittee formed to combat the Klan
inaugurating a whirlwind campaign
in an effort to retain Sheriff Terrill
in office. T
At the same time the recall com
mittee is not asleep and as a re
sult it is expected that an ex
ceptionally heavy vote will be cast
in the election.
In ruling against granting: of
the injunction Judge Calkins held
that the remedy sought by the pe
titioners could be obtained after
election. If the county clerk had
refused to strike names from the
recall petition after being asked
to so qu, iub juuge ruiea, me elec
tion would be invalid.
Judge Calkins ruled that the re
call, , if permitted to proceed, would
not injure Sheriff Terrill, except
perhaps in the way of humiliation,
but on the other hand, refusing to
permit the election would be re
fusing the electorate its most sacred
right, that of expressing itself at
the polls.
Judge Calkins in his decision
called attention to the fact that
Judge Hamilton of Douglas county,
who was refused the right to sit
on the case, because of the filing
of a petition charging prejudice by
the recall committee's attorney,
concurred in every particular in
the decision as handed down. '
Appeal for New Trial for Slayer
to Be Heard Today.
OREGON CITT, Or., July 27.
(Special.) The motion for a new
trial for Russell Hecker. convicted
slayer of Frank Bowker, Portland
musician; near Clackamas station,
oh Easter Sunday, will be heard be
fore Judge J. U. Campbell Monday.
Hecker is confined in the state
penitentiary under sentence to bo
hanged Setpember 22. The motion
is based on the charge that suffi
cient evidence to warrant the con
viction was not presented and that
the women jurors were guilty of
misconduct. An affidavit . from
Thomas Miller, bailiff of one-half
century's service in the Clackamas
county court, to the effect that the
women members of the jury were
always under guard during the
period of their deliberation, has been
filed by the state.
The costs to the county in trying
the Hecker case amounted to 399.71.
It's a Safe Guess That One of Recent Caravans That Arrived at
Auto Camp Had Only Fords in It Teacher Travels in House Car.
HE cara from Texas come In
groups or blocks, and one of
the groups arrived Wednesday
night, ther being five cars In this
particular group, and all the cars
are of one make. Ton can guess at
the name of the maker. One guess
will be sufficient. That's right; you
hit it the first time! In the five
cars there were nine people from
Dallas and two from Fort Worth,
and all school teachers except two,.
a Dallas druggist, It. O. Robinson,
and his wife.
The name's of the Fort Worth par
ty are W. D. Francks and wife, and
of the other members from Dallas
there are G. L. Graham and wife, T.
J. Mortier and wife, and E. W.
Wyatt and J. F. Kelly. The number
ivn th par of the Dro-bable leader,
Mr. Francks, is 710,831, that
license was issued in May. So they
probably have more than 800,000 cars
in the lone star state, n Oregon
only had half that many!
Four youag men are here from
Gary, Ind., looking to better "them
selves. Their names are W. J,
Hugbes, Norman Arvidson, Dick
Gray and Ernest Barney. Four fine
young men who will be a credit to
any community they may locate in
E. E. McJvuilan and wire came
from Alpha, Ind., and with them is
their 17-year-old eon, Alpha. Mr.
McMillan had an auto exchange and
garage in Alpha, but he ds now in
quest of a new location.
From Salt Lake, Utah, came W. J.
Rodrigue and wife, with their three
fine children, W. E., age 20, Etta,
IS, and Jack, 6. Mr. Rodrigue is
a buildin contractor, . Hiiaabeai
MURDER CLEW IS FOUND j ' JP1 - - , . ; -
Fugitive Held for Recent Wilbur
Station Robbery Is Linked
With Highway Crime.
ROSEBURG, Or, July 2T. (Spe
cial.) Evidence that J. C. King
man, alias W. C Gleason, held here
on a charge of robbing the Southern
Pacific and American Express com
pany's station at Wilbur, Or;, was
near The Dalles about the time that
the body of a murdered man was
taken from the Columbia river near
that city, has started a new investi
gation of the murder. The body
taken from the river never has been
Special Agent Rutherford, who
brought Kingman here from Phoe
nix, Ariz., where he was arrested,
began the investigation as a result
of finding express company checks,
apparently stolen from a Washing
ton station, in the prisoner's pos
session. Bloodstains on one of these
checks excited the first suspicion.
Kingman denied having ever having
been In Oregon, but the authorities
declared that he also had checks
and other articles taken from the
Wilbur station.
When taken before the finger
print expert at Sacramento, King
man was recognized as being Carl
Becker, alias Paul Krueger, who was
arrested for grand larceny after
having stolen- a motorcycle at Sac
ramento. At that time he was
wanted in Minnesota.
Tillamook Hay Crop Light.
TILLAMOOK, Or., July 27. (Spe
cial.) Owing to the dry spring that
prevailed along the Oregon coast
this year, the hay crop la unusually
light for Tillamook county, al
though there is a fairly good crop
of oat hay, which will 'relieve the
feed question- some. Usually at this
season of the year the meadows-are
green, producing a large amount of
green feed, but they are drying up
quite rapidly, with the result that
the dairvmen soon will have to be
gin feeding. It iB said by some of
the older settlers that it is 40 years
since there was such a dry spell in
the county at this season of the
Albany Scouts to Take Trip.
. ALBANY. Or.. July 27. (Special.)
Forty-two Albany Boy Scouts
have signed up for the annual Boy
Soout encampment at Camp Cas-
casan, two miles above Cascadia, in
the heart of the Cascades. The
scouts will leave here next Tuesday
for the big camp where they will
remain for 16 days under the direct
supervision of Scout Executive Cook
who will be assisted by a number ot
Albany business men.
down to Arizona, New Mexico,- Cali
fornia, etc., and the party is now
on the way home.
A car from Newark. N. J - .ai
a very lonesome looking man, B F
Burns, who Is a building contractor
" uomn. ne must get mighty
lonesome traveling alone!
From San Francisco, Cal., are G
F. Bros and wife, on their way to
Seattle, Spokane, Denver, Albu
querque, etc., back to their home.
Mr. Bros is an agent for the Stand
ard Price Tag company of his hom
. -
In a big house car are traveling
R. R. Ebersold and wife from Cedar
Falta, Iowa. With them is their eon,
R. R. Jr., age 8 years. Mr. Ebersold
is a teacher, in the Cedar Falls
schools. With them is a bank clerk
E. N. Johnson. '
Auburn, Wash..
J. W. Failor, Mrs. Failor and their
xvui cuuurca, jxiary iuiizabeth 9
Jack, 7, Dick, 4. and 'Calvin, 2. Mi'
Failor is superintendent of the Au
burn public school.
Los Angeles is represented at the
park by many machines, among
them that of C. H. Ayree and wife
with their daughter Lillian, age 14.
Mr. Ayres is here erecting a large
machine for the Portland Manufac
turing company at St. Johns. Mr.
Ayres has installed a good , many
machines in Oregon and Washington
Two machines are -in the grounds
from Medford, Or., one carrying
Scott Darby and wife, with their two
children, Raymond, 3, and Leona, 11
months. The other car carries Ralph
Jolly, who is assisting Mr. Darby in
placing a governor, of which Darby
io the inventor, on Fordeon- tractors.
Listing only a few
Living Room Pieces
- " -
Davenport Table , .
$44.50 Mahogany Queen Anne Davenport Ta- C?9 17K
ble, 66-inch, August Sale price. tPU I U
$31.00 Overstuffed Arm Rocker in tapestry, A QA
August Sale price - v
Bed Davenport
$73.00 "Kroehler" Bed Davenport in oak, up- d A H pT A
holstered in Spanish leatherette. Sale price. . ty 1 OVJ
Fern Stand
$12.50 Fern Stand in fiber, ivory enamel, Au- JIJ OJy
gust Sale price ......,,. ....... AdfJ
Couch Hammock ,
$39.50 Cretonne-Covered Couch Hammock, CS' 1 K
August Sale price . . . . ...... ..... Xit
Phonograph . ' , '
Victor Demonstration rnonograpn, sens ior VCRR fill
$75, August Sale
Our Used Range
Royal Bakery Retail Store to Va
cate " Premises ior Well
Known Confectionery.
Swetland's confectionery store, for
the past 20 yers located at 269
Morrison street, will lae moved to
the site of tne present Royal Bakery
retail store on Jlorrison street, just
west of Broadway, as the result of a
IB-year lease which was sigrned yes
terday. The lease, it was said rep
resents rentals aggregating $200,
000. . .
The lease was negotiated by leon
Bullier, manager of the lease fle-
I "some cheese"-it
Reductions on Top of Reductions!
That's what we're offering now. Almost everything in the store went
through a mark-down in price some time ago, but now we turn right
around and reduce the price again. This brings the sale price of marry
items down to the cost mark, and in some cases even below cost.
Certainly There Never Was a Better Time to Buy Your Furniture Than Now.
Selected at Random From Hundreds of Bargains
' Breakfast Set ,
' $4o.75 Reed five-piece breakfast set, August C?OQ KA ,
Sale price ....... tpiJjj
, ., vuwiw
" These prices are representative of hundreds of similar values in every-department.
partment of th F. B. Taylor com
panV. It was announced fcy J. B. Hawk
ins of Swetla,nds, Inc., that the work
of remodeling the Royal Bakery for
tha occupancy of the confectionery
stor will le started tomorrow, Ke
said that he planned to expend ap
proximately $10,000 on the remod
eling and the purchase of modern
equipment. The interior will also
be redecorated and a complete ice
cream factory installed.
Swetlands will operate the pres
ent location and the new one for a
time, hut it was said that it is the
intention to ultimately make the
new store the exclusive headquar
ters. Just what will he done with
the old location has not yet been
The giving- up of the retail store
means that the Royal Bakery Is
going out of the retail business, it
was said. William B. Heusner, pres
ident of the Royal Bakery, repre
sented that concern in the negotia
tions. spreads like butter
Stone-Throwers Footprints Indi
cate They Are Boys.
LA GRANDE, Or., July 37. (Spe
cial.) Reports or an alleged riot
early Wednesday morning were
greatly, exaggerated, according to a
report made by the police. A rail
road employe's wife reported that
her home was being bombarded by
strikers, but when officers arrived
the vicinity was deserted. The only
evidence that could be found was
several stones and footprints of
some boys, indicating that boys had
thrown stones at the house.
In the case of a rumored attack
on a woman by a railroad guard,
police report that railroad officials
T. W.
your &JGrW '
jt grocer P
Selections of Powers Quality
Furniture for the Bedroom
Steel Beds
$24.50 Steel Beds, brass filled an unusual
value August Sale price .... ...
Wood Beds
$39.75 Ivory Enameled Period Wood Beds,
August Sale price,
Dressers .
$73.25 Walnut Vanity Dresser; a really de
lightful piece-of furniture. August Sale price
, Ladies' Fumed Oak Writing Deskr small size, Oi P? J? A
usually $35, our August Sale price... PX I vtJvr
End Table
Period Design EndTabler mahogany finish ;reg- C I. A P
ularly sells for $9.50. August Sale-price... . Pt:TcO
9x12 Seamless Velvet Rugs, August Sale flOQ QCf
Price , &a0O
Many Delightful
Drapery Patterns
Greatly Reduced
refused to give Information. They
said the matter would be taken up
with fedeiral authorities.
Following investigation of " the
charges of alleged inefficient police
service, made by railroad officials
here, the commission - announced
that it would remain neutral and
continue to protect both sides of the
strike controversy. No further ad
ditions will be made to the police
force unless conditions change.
The commissioners" investigation
revealed that an alleged attack of
a score of strikers on a railroad
guard was exaggerated. A drunken
man, not a striker, without any' as
sistance, removed the guard's badge
of authority.
Irish Session Postponed.
DUBLIN, July 27. (By the Asso-
"From Perfect Olives1
JcnklBa A Co., Ditrlfcnfor.
elated Press.) The meeting of the
new South Irish parliament, which
after being set for July 21. was
postponed until July 29, has again
been put off for a fortnight. Jt was
announced today.
Read The Orejronian classified ads.
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for Nervousness,
Stomach, L.ungs,
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tism. Bladder,
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Stone and ell
disorders of Men, Women end Chil
dren. Try Bins; Choong's wonderful
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V .Vrtiiv .:.v.