IV
VOL.
LXI NO. 19,290
lKKi; FIVE CEXT9
Entered at Portland (Orcron)
Poatofflce aus Second-claw Matter.
POBTLAXD, OREGON, SATURDAY. SEPTE3IBER 16, 1922
V
mm victims
TOTAL 120,000
American Relief Agent
Gives Figures
BRITISH COMMAND HALT
Navy to Block Drive on Con
stantinople if Mustapha
Kernel Pasha Moves.
FREHGH PROMISE TO HELP
No Invaders to Be Allowed
to Go From Asia Minor
to European Shore.
LONDON, Sept. 15. (By the
Associated Press.) The victims at
Smyrna numbered at least 120,000
up to Thursday morning, says a
dispatch to the Times from Athens,
quoting: John Manola of the Amer
ican relief as its authority.
(The latest dispatch from Con
stantinople regarding the fatalities
in Smyrna said "thousands" of per
sons were believed to have per
ished. Previous reports had indi
cated that the fatalities were be
tween 1000 and 2000. It is possible
that the 120,000 "victims" men
tioned in the above dispatch may
include killed, wounded and others
who have Buffered in consequence
of the capture of Symrna by the
Turks and the conflagration that
followed.) .
Agreement Is Reached.
If Mustapha Kernel Pasha should
attempt to move his victorious
forces against Constantinople he
will be opposed by the British fleet.
The British cabinet after a meet
ing today announced that instruc
tions had been issued to the British
armada to allow no Turkish troops
to make the crossing from Asia
Minor to the European shore.
Complete agreement was reached
at the cabinet meeting with the
French for the protection of the
neutral zones on both sides of the
straits of the Dardanelles and also
of Constantinople. A note is to be
sent to Mustapha Kernel Pasha by
Italy, France and Great Britain, as
serting that pending a permanent
arrangement of the situation the
neutral zones must be respected.
Balkans Are Alarmed.
Jugo-Slavia and Roumania both
are reported to be viewing with
the greatest concern the possibility
of the Turks returning to Thrace.
It was announced that the Brit
ish government considers the whole
Turkish question should be the sub
ject of a general conference of the
powers, including the minor pow
ers, such as Roumania and Jugo
Slavia. It has not been decided whether
the United States shall be invited.
It is reported in Constantinople
that a seditious movement has
broken out in Adrianople, where
several officers and portions of the
population have overthrown the
Greek civil authorities, says a
Reuter dispatch from Constanti
nople dated today.
Outrages Are Reported.
The dispatch adds that, it also
is reported separatist movements
have developed in the islands of
Mitylene and Chios, in the Aegean
sea. -
Among the Turkish outrages was
the carrying off of many girls,
pupils of the American girls' col
lege, it is alleged. ' .
The Greek belief is that the fire
was set by the Turks to conceal the
traces of their alleged misdeeds. .
A considerable share of the prop-
erty loss from the fire, the total of
which is estimated in Greek quar
ters at 1,000,000,000 francs (about
$75,000,000 at present exchange
rates for the French franc) fell
upon American firms.
A message from Greek semi-official
sources from Athens dated
Thursday reads: j
"Absolutely trustworthy persons
belonging to the foreign colonies
at Smyrna and notably Americans
arriving here on the destroyer I
-Simpson, which also brought)
CHARGING BULL SETS
DISTRICT IN TERROR
BOY KNOCKED DOWN' ; WOMEN
SCCRRY TO PORCHES.
Ferocious Bovine Tips Over Poilce
1'llwer, but Is Finally Las
soed and Shot to Death..
A ferocious and full-grown built
escaped from the stockyards, eluded
its pursuers for more than an hour
yesterday afternoon and held the
neighborhood of McKenna and Lom
bard streets in terror until it was
f IpaHy shot and killed by C. D.
Maxwell, official bull killer for th
police department.
No one knew to whom the animal
belonged. It appeared on the scene
at the same time as George Niguma,
8-year-old Japanese boy, living at
SSI Warren street, and charged the
lad, knocking him down. The buli
then sent half a dozen women pe
destrians scurrying for porches and
other hign and safe places and
looked around for more sport.
The Japanese boy - was not hurt
much beyond -some bruises and the
others were only frigfttened. A tele
phone call was sent to the St. Johns
police station and six stalwart po
licemen attempted diplomacy, con
ciliation and arbitration. Finally a
flivver was. chart (red to chase the
bull and a lasso fv-as thrown, oyer
his head. The huge animal tipped
the automobile over as though It
were a boy's express wagon and.
with the rope dangling to his neck
continued on up and down the
street, putting everybody to flight
who happened around a corner.
Efforts at capture were given up
and it was- decided to kill the ani
mal. , Patrolman Maxwell, who has
emerged victorious from similar
battles in the past, procured a rif e
and shot the bull right between, the
eyes. Sergeant Wade promptly bled
him and the , policemen and victims
prepared to extra-it the steaks. .
AIRPLANE TURNS TURTLE
Aviator Loses Four Teeth in Ac
cident at Roseburg.
ROSEBURG. Or., Sept. 15. Lieu
tenant Kelly piloting a forest patrol
plane and Leo G. Devaney, an ex
aviator and now a reserve officer,
temporarily employed as forest-observer
with the Dduglag fire, patrol,
narrowly escaped death this after
noon, when a broken axle caused
their plane. to turn turtle as it was
landing in the local field. ' " .
. The airmen were returning from
a flight-over the forest and had made
a perfect landing and were coasting
tb a stop when art" axle collapsed.
The machine went forward On Its
nose, wrecking the lower plane and
earing off the propeller. It the,n
turned completely . over and landed
upside down.
Lieutenant Kelly escaped unin
jured, but Devaney was . bruised
about the face and lost four teenth
v. hen his face struck against the
cockpit. The plane was totally
wrecked. - -
SNAKE SCARES SLEEPER
Soft Drink Seller Waked by Big
Python on His Throat.
MEDFORD, Or., Sept. 15. (Spe
cial.) Johnny Korenian, asleep in
his soft djrtnk etand at the county
fair grounds last night, was awak
ened at 2 A. M. by feeling a weight
on his chest, he said today.
Then he felt a soft, smooth ob
ject slowly sliding across his throat.
At last, fully awake, he grabbed
the object with both Hands, flung
it back over his head, yelled, jumped
over the counter of the booth, drew
his revolver and looked back inside
to behold ; a ten-foot python, be
ginning to wrap itself around a
rootbeer barrel. The big escaped
snake belonged to the fair grounds
carnival company nearby.
FREE - MILK OBJECTIVE
Taconm Mayor Would Give Glass
Per Day to School Children.
TACOMA, Wash., Sept. 15. A. V.
Fawcett, mayor, announced today
that he will endeavor to induce the
local school board to provide a glass
of milk free of charge to every
school child under . 14 years of agb
every day.
W. F. Geiger, superintendent of
schools, said it would cost 470 a
day to provide each school child
with a half pint of milk. He added
that the . schools are now selling
milk at almost cost and furnishing
free milk for those pupils who can
not afford to pay for it.
NAVY SEIZES SCHOONERS
Alleged Rum Runners With
$100,000 Cargoes Captured.
KKW YORK, Sept 16. (By the
Associated Press.) The dry navy
today captured two alleged rum-
running schooners with cargoes
worth about $150,000 and $40,000 in
fold aboard near the entrance to
New York harbor as well as an un
named launch' which sank while, it
was being towed into port.
Another schooner and swift pow
er boat escaped.
SM00T SMITES SYSTEM!
So More Underlined Speeches in
Congressional Record.
WASHINGTON, D. C, Sept. 15.
Senator Smopt, republican. Utah, in
the future will refuse unanimous
consent to permtt printing in the
Congressional Record ' of political
speeches of senators not delivered I
in the senate.
Mr. Smoot served notice to - tbis I
L
TO
Cleanup of Troubles of
Years Promised.
NEW YORK CENTRAL LEADS
Settlement Made With Two
Road Brotherhoods.
TRAINMEN ARE HOPEFUL
Return of Old System, Each Road
Adjusting Matters With Its
Men, Held Assu,red.
NEW YORK, Sept. -15. (By the
Associated Press.) The beginning
of the end .of all the labor troubles
that have from time to time beset
the transportation lines, of the na
tion for the past several years was
believed by many railway heads
and union chiefs to have come to
day when the "New York Centra
lines made a settlement with . two
of tRe- operating brotherhoods, and
the Pennsylvania system began ne
gotiations toward a similar-end.
Arrangements for like confer
ences here next week -between
brotherhood leaders and slx other
big eastern carriers were under way
tonight. -
By -today's agreement the various
roads making up the New .York
Central system agreed to continue for
one year, beginning September 80,
the present wage scale and working
rules for their trainmen and con
ductors and to withdraw from the
United States labdr board their re;
quest, made more than a year ago,
for a downward revision -of wages
and the elimination of time-and-a-half
pay for overtime, work.
Other Parleys Planiked.
The New 'fcork Central gave out
a statement, indicating It would
soon call into conference the'leaders
of the firemen in: the hope bf amic
ably coming to terms with them.
Tomorrow that system will' bring
together its officials and leaders of
the striking shopmen in .the-hope
of ending the strike that began
July 1. . .... . . - - .
W. G. Lee, president of the
brotherhood of - railroad trainmen,,
announced here tonight that at a
conference in Pittsburg today the
Pennsylvania had agreed to con
tinue its present wages, to all four
brotherhoods, but a later report
from Pittsburg "said this announce
ment was. regarded there, as prema
ture, since the conferences with
(Concluded on Page 2, Column 1.)
RAILROAD
A
WARFARE
END
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AMUNDSEN'S CRAFT
BELIEVED IN DANGER
ICE IS DECLARED SURE TO
CRUSH SCHOONER MAUD.
Veteran Arctic Captain Says That
Crew Will Be Lucky to Es
cape With Lives. .
SEATTLE, Wash., Sept. 13. Cap
tain Roald Amundsen's schooner
Maud, in which he set oit. from
this city last June on an expedition
to the north pele is sure to be
crushed in the ice pack off Wran
gell Island, where Captain Amund
sen left her. In the opinion of Cap
tain K. T. Mclntyre. veteran fur
and Ivory traaer. Captain Mcln
tyre, who for ii years navigated
the" Arctic ocean, has just returned
here from East. Cape, Siberia. . -.
"I can't believe," said Captain
Mclntyre, "that Amundsen will at
tempt to fly over the north pole
this season." '
Captain Mclntyre declared that
Captain Oscar Wisting, navigator
of the Maud, ard his crew will be
lucky if they can get back to land
alive o'er the Ice in the spring.
Capta.V Mclntyre and Captain
Joe Barnard were marooned at East
cape last winter, after narrowly
escaping alive when their schooner,
the Teddy Bear, went to pieces on
the shore. Captain Mclntyre met
the Amundsen party at Nome.
"I am not a kill joy," said Cap
tain Mclntyre, "but in my opinion
the Maud is doomed. . Her bottom
is constructed so that the ice will
life her up. Very good, but no
matter what her construction, when
those huge hummocks begin closing
In on her sides she's going to crush.
"If Captain Amundsen should at
tempt to fly across the pole this
season that would be the end of
him and his" pilot. He's at Wain
wright now, and he'd . have 1200
miles ' to fly . in reaching the pole.
The Arctic ocean is full of Ice this
fall hummocky ice that would'nt
permit a landing anywhere. In a
good Ice year he might make It
across, but not in a single hop."
MAN-SHOT BY BROTHER
Harry Quaring Wounded When
Mistaken for Burglar.
Harry Quaring, 32, was shot in
the head early this morning by his
brother. Earl Quaring, 29, who, ac
cording to his- story to the police,
mistook his brother for a prowler
who had wakened Mrs.. Earl Quar
ing by' walking around outside the
house. 'The police were told, also,
that the wounded man, who lives
next door to his brother, had heard
the noises and gone out to investi
gate. . The, bullet, fired from a .22-cali-ber
rifle, struck Quaring In the
mouth and lodged in the back of
his neck. He was expected to re
cover.. Earl Quaring said he opened
the door of 'his house and ordered'
the man to stop, and fired when he
failed to do so. No arrests were
made. . '
THE FACE AT THE WINDOW.
. RmimMX i i ' cl v ihwii . 'mv
. . AAMWt7?WtT m i W .' ffl lJJm I
COAL PRICES SHOOT (HI ITU
iiduadh at' puiPArsnil nl I II
'urvniu ni umunuu
CONSUMERS MAY PAY $23
TOX BEFORE WINTER.
Breakdown of Governmental Ef
forts Held Responsible for
Skyrocketing Costs.
(By Chicago Tribune Leased Wire.)
CHICAGO, Sept. 15. Predictions
were made today that Chicago and
vicinity would be paying 25 a ton
for anthracite coal before winter Is
far advanced.
New York, thanks tc an active
fuel administrator, will get the same
quality of fuel for 113.10 a ton re
tail. There is a freight differential
of about t'i a ton on this coal as be
tween New York and Chicago, so
that Chicago should get anthracite
at $16.10 a ton to return the same
profits to producers and dealers a
New York.
Break down of the governmental
efforts to limit coal prices is. held
partly responsible for wthe sky
rocketing prk'es here. Activity of
the federal fuel administration In
routing coal away from Chicago and
the middle west, Is also held to be
erlbouraging speculators to boost
prices to the limit.
Anthracite .reached the record
price of '$17 a ton in last spring's
scramble for fuel before the strike
shut off production. Since then rail
freight rates, a large factor In the
cost of hard coal In Chicago, have
been reduced. Miners' wages and
other costs are the same or lower, so
that a big additional profit margin
will be split up somewhere between
producer and consumer.
CONSULS BEGIN CONFAB
Trade on Pacific Is Considered by
' Japanese Agents.
.SAX FRANCISCO,' Sept. 15. The
Pacific coast conference of Japan
ese consuls opened here today, with
S. Akamatsu, chief of the'immigra-
tion section of the Japanese foreign
office, attending. S. Yamadan, San
Francisco consul-general, stated,
however, that the immigration
question would not be discussed at
the conference. Subjects which will
receive the consuls' consideration
include future development of
American-Japanese trade and com
merce on the Pacific and uniformity
of procedure on transaction of busi
ness.
Consuls from Vancouver, B, C;
Seattle, Portland, Honolulu and Los
Angeles are attending.
DEATH ENDS HONEYMOON
Newly Married Couple Killed
When Train Strikes Auto.
MARLINSVILLE, III.. Sept. 15.
Edward L Turner, an attorney of
Los Angeles, Cal., and his bride,
were killed near here this after
noon jvhen their automobile ""was
struck by a Pennsylvania fast train.
Letters found in their possession
Indicated the couple had been mar
ried in Alexandria, Va., September
6. and that they were returning to
Los Angeles in their automobile.
L
L
Deputies Declare Their
Belief in Method.
FURTHER STUDY ORDERED
Priest Tells How He Helped
Own Parishioners.
RACE SUICIDE RAPPED
Chief Purpose or Man Held to Be
Carrying Out God's Purpose
of Peopling Earth.
TODAY'S EVENTS OF EPISCO
.' PAL CONVENTION.
9 A.M. Church school Serv
ice league, school of methods,
department of religious edu
cation. Labor temple.
9:30 A. M. Separate ses
' slons of houses of the conven
tion. Auditorium.
9:30 A. M. Church Service
league business session. There
will be no meetings of the
Woman's auxiliary.
10 A. M. Girls' Friendly
society conference. Portland
hotel.
2:30 P. M. Separate ses
sions of houses of the conven
tion. Auditorium.
3 P.M. Church School Serv
ice league mission study
classes. Labor temple.
4 P.M. Church School Serv
ice league conferences depart
ment of religious education.
Labor temple.
8 P. M. Rose night, with
dedication of new rose to Mrs.
George C. Thomas. Addresses
by. Governor Olcott, Mayor
Baker, - Bishop Thomas of
Wyoming. Progfumme under
the direction Royal Rosariang
Organ recital at 7:30.
4
j
Episcopal churchmen and laity of
the house of deputies yesterday af
firmed, in resolution, their faith in
Christian healing and directed the
appointment of a commission to
make a thorough study of the sub
ject and report at the next general
convention three years hence.
Members of the house were of one
mind and two votes on as many
phases of the subject were unani
mous. First, the house reaffirmed
the Lambeth conference resolutions,
adopted last year at Lambeth, Eng
land, where all bishops of the
church from throughout the world
gather every ten years to consider
church subjects. Then a resolution
for a commission to study the sub
ject and report its findings went
through with equally clear sailing.
Faith la Method Eipmard.
The subject was broached by Rev.
Franklin C. Sherman of Akron, O.
He spoke of the Lambeth resolu
tions, three in number, that. In ef
fect, voiced the faith of the church
that the Lord triumphs over disease
and death, that more prayer and
meditation be advised In order that
the power of Christ to heal be in
creased and that, while sciences of
medicine and surgery be lauded,
these, too, were but added evidences
of divine power and that all steps
in healing come from God.
"i speak from my experiences as a
parish priest," said Rev. Mr. Frank
lin In urging adoption of his resolu
tions. "I am well aware of the dan
ger that lie round about this baf
fling question. There is danger of I
misunderstanding by the public.
There is great danger of fanaticism
and that persons may lose hope and
be driven to suicide. -
Doctrine Held Vital.
"I believe that spiritual healing
is an elemental doctrine of Chris
tianity and that it must be preached
by the church of Christ. The min
istry of healing is an integral part
of the pastoral office. I am not ask
ing for unction or for psychotherapy
or for Indorsement of any prayer or
any society or for regulation but I
am asking for the recognition of
healing in the language of the Lam-'
acth conference.
"We desire to find the spiritual
and scientific approach to the study
of healing. I ask only that the con
vention make a clear affirmation of
tr.e fact that healing Is a part of the
gospel of Christ, that he has power
to heal In the 20th century. The sub
ject ought to be studied and seri
ously studied by all engaged in spir
itual ministry and I ask to this end
that the convention appoint a joint
commission to study the subject dur
ing the next three years and report
to the next general session of ,the
church."
Cara Reported Healed.
Dr. H. P. Almon Abbot of Mary
land spoke upon the adoption of
the Lambeth resolutions, first be
fore the house. "I have prekerved a
golden silence," he said, "through
out these sessions until now. I
break that silence because I feel the
subject now presented l8 of vast and
deep importance. I take great
GAINS
P
STORK BRINGS GIRL;
MAN DESERTS WIFE
HAD BABY BEEN BOY, HIS
BAND WOULD HAVE STAYED.
Male Addition to Family Wanted
as Mark of Respect for
King of Italy.
i
NEWARK. N. J., Sept. 15. Ac
cording to testimony taken by Spe
cial Master in Chancery Bernhard
in a divorce action here today. An
gelina Sarno was lying in bed. about
to become a mother.
Frederick Sarno, her husband, sat
by the bedsido.
"If it Is a boy. Aneelina.'' he said.
"I will be a good and faithful hus
band to you. But if it Is a girl I
shall go away and you will not see
me any more."
The child wife prayed for a boy.
A few hours later the nurse mad)
the announcement "a girl."
Frederick, according to the testi
mony, arose slowly and put on his
hat. He walked to the nurae and
said:
"I wanted to be the father of a
boy. a soldier, as a mark of respect
to the king of Italy. My wife knew
that I wanted a soldier and she has
presented me with a servant girl. I
do not wish to see either the child
or the woman again."
He then took up a traveling bag,
packed in advance, and left the
house.
That was in 1914. He has not been
seen since in Newark and his wife
says she learned he had returned to
Italy. She says she tried to get him
back even sent him 3000 which
she obtained from her parents. But
he never even wrote a letter. So
she reluctantly sued for divorce.
The special master recommended
that the decree be granted.
FIRE HITS NEW ORLEANS
Army Warehouse Wharf Col
lapses; Loss $-1,000,000.
NEW ORLEANS. La.. Sept. 15.
Every available fire fighting ap
paratus In the city was called out
..-i. tnniitrht to fiarht a fire In the
plant of the Louisiana State Rice
Milling company at Montegut ana
Cbartres streets. The plant' covers
a city block.
Fanned by a stiff breeze the fire
spread to the river front.
At 9:45 o'clock It was reported
that the wharf of the army supply
warehouse had collapsed.
It was estimated at 10 o'clock
that the loss would probably reach
S4. 000,000.
GEESE CAUSING PANIC
Children Chased and Bitten and
Kept Home From School.
WOODLAWN, Ta.. Sept. 15. The
usually quiet village of Woodlawn.
a suburb of Pittsburg. 13 In the
throes of a goose panic
Children on their way to lower
grade schools of the public school
have been pursued and bitten.
Parents notified Constable Tanney
that they would keep their boys and
girls away from school until the
hissing menace Is removed.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temp.rlur
78 dBree; minimum temperature. 6
drcrees.
TODAY'S Fair: northwesterly winds.
Foreign.
Wife of American consul who eloped
with wlnUler located. 'g T.
Smyrna vli
lctlms 120.ono. rant i.
National.
President crltlcld for failure to appoint
federal reaerva board governor.
Pun 1
Senate ratlflea conference bonua report
and bill goea 10 pr...
Page 2.
V. B. government acts to help refugees.
' Page a.
Pome tie.
Amundaen's achooner believed in danger.
Pago 1.
Cleanup of railroad labor troublea of
yea re paat believed near. Pag 1.
Coal at $25 ton preaicneo (or i.hkku
cottjumen. Pago 1.
Ftork leave girl ao man deserts wlf.
Page l.
Tarlfle Northwest.
Methodlat Eplacooal convention to dla
cuaa resolution demanding releaa of
federal prlaonera. Paga B.
Three Juatlcea r-e!ecte4 In Waahlngton
primary. rm .
Proposed cut in Seattle carfare perilous.
Page 14.
Nartia of Charlee Hall to go on ballot aa
candidal for governor. Z'age 1.
Sport.
Princeton Tiger look dangerous. Pag 13.
Giants down Chicago 7-8. Pag 11
Pacific coaat eleven tak field for first
practice aeaalons. Pag 12.
Pacific Coaat leagu result: At Port
land 0. San Kranclaco 1: at Loe
Angele. Sacramento 8, Vernon O; at
Oakland 2. Salt I.ak 4: at Seattle 3,
Los Anjelea U. Pag 12.
Commercial and Marine.
Near East war scar haa no effect on
New York atock market. Page 21.
Nebraska, and Colorado may Join North
weat Wheat Growera' - aaaoclatlon.
Page 20.
War talk lift wheat market at Chi
cago. Pag 20.
Mixed tlianges in railroad bond list.
Pago 21.
Shippers favoring bulk wheat cargoea.
Pago 14.
Portland and Vicinity.
Sporry take over Portland flouring
mill. .
Seven Pacific state and lirltlah Colum
bia to hold trafflo conference in Port
land. Pag 10.
Serious error dtcloed In another county
precinct recount. Page 11.
Charging bull terrorise district. Pas 1.
Sugar cured bam prlc take drop.
Page 13.
City budget trimmed ky $1,033,120.24.
Pag li.
Episcopal convention gives deaconesses
Jolting rebuff. Page 0.
Episcopal deputlea spprov healing by
laith. Pag I-
Colonel leader and family to go to Eng
land. Pago 7.
Weather report, data and forecast.
Page 14.
Two more bridges to b on ballot.
Pag 10.
House of deputies row over prayer.
Page B. -
Diamond seised la opium dea raid.
Pag 4.
MR. HULL'S i
ME
TO CO ON BALLOT
Defeated Candidate to
Run as Independent.
ONLY BAR IS COURT ORDER
State Secretary Powerless,
Says Attorney-General.
TROUBLE LATER LOOMS
In Invent of Itecrlpt of Plurality
of Votes Governor Might
Not Prot'lalnt Flection.
SALEM. Or.. Kept. 15. (Speolal)
The name of Charles Hall of Marnh
field, who wae defeated for the re
publican nomination for governor at
the primary election last May. will
go on the ballot an an Indf-pedent
cadldate at the November election
unlesH prevented by an order of the
courls. This was announced here
tonight by Sam A. Koxer. secretary
of stale, following receipt of a legal
opinion prepared by Attorney-General
Van Winkle.
The attorney-general held that the
duties of the secretary of Mate In
the present Instance are purely min
isterial and limited to examining and
passing upon the formal contents
of certificates of nomination efferea
for filing, and that he I not au
thorised or required to Inquire Into
the eligibility of any pemon whose
nomination Is "o certified.
Obstacle, However, Noted.
The opinion pointed out, however,
that even If a candidate for state
or district office who Is defeated at
the primary election eihall receive a
plurality of the votes cast at the
general election as the candidate of
another party or as an Independent
candidate, the governor, under tlie
law, 18 precluded from proi-lalmlng
bis election.
"It appears." said the opinion,
'that the duty to preclude such a
candidate la cast upon the governor
as to atate and district offices, anl
nowhere Is the secretwry of state
authorised or directed to puss upon
the same. The statute by Its en
press terms applies dlreiily to the
candidate who Is In the condition
there expressed, end provides the
remedy for enforcing such Inhibi
tion, namely, that ho elmll not be
certified ns having been nomliiate'l
in the one case or elected In thj
other. "
ierrrtary' Duty Irar.
"As I understand your questions."
continued the opinion, "they relate
In part to tho duties of the secre
tary of state as affocted by certain
provisions of the Oregon smttites. In
view of the fact that t'liurlos Hall
was a candidiile for the office of
governor at the primary election
held laitt M.iy, und failed to receive
the highijtt number of voles for
such nomination of the political
party with which he was affiliate I
at the time o filing tils petition for
nomination.
"It Is a well-established prinrlple
and rule of official conduct that sit
laws, unless obviously and plainly
on their face otht-rwlse. urn to be
considered valid and binding until
and unlejs declared Invalid by a
court of competent Jurisdiction, and
this rule applies to all ministerial
and administrative officers.
Authority Held Limited.
'In the present Instance there is
no occasjon for Inquiring Into the
vallty of such statute, and 1
therefore express no opinion there
on. In my opinion your duties in
purely ministerial nnd not judicial
in any respect, and therefore you
ore not authorized to Inquire Into
the eligibility of any candidate for
office, or to decide thereon, but
your duty and authority are limited
to an examination of the certificate
of nomination filed with you to
ascertain whether It contains such
Information as Is required by the
law relative thereto and is properly
executed and verified, and Is filed
within the time allowed therefor
by the law.
"The duty of the secretary of state
with reference to the filing of su h
certificates as well as petitions and
declarations of candidates are l
forth In certain provisions of the
Oregon laws and an examination of
said provisions and of the ststute
generally relating to election fills
to disclose any requirement or au
thorization for the secretary of
state deciding upon the qualifica
tions of any candidate for the office
which he seeks, but he is directed to
file such paperg relating to the nom
ination of candidates as come to
him as provided by law and the only
action which he is suthorited to
take thereon Is to Include uch
names In his register of nomina
tions and In his certification to
country clerks of name to be
printed upon the ballot."
rrlln t' to Others.
"One reason why the si-cretsry of
slate Is not authorized to pass upon
the eligibility of the candidate In
question in the present Instance ap
pears In the provisions of the
statute that a candidate who ha
failed to recrive the hlahest number
of votes of the political party with
which he was afriliated at the time
of filing his petition for nomination
cannot be the candidal of any
'.(Concluded ca face 3. Column 1.)
effect- la tne ent today, - -
(Concluded en Pag 6, Csluma (.
ICuncludtd OB l'ag 2, Co.umu 3.
Cil 1 03.2