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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 11, 1922)
THE MORXIXG OIJEGONIAX. WEDNESDAY, OCTOBER, 11, 1922 H GH COURT UPSETS BONUS LOI POLICY Use of Money by Veteran Cannot Be Restricted. RELATIVES ARE BARRED Supreme Tribunal ot State Holds Army Service Prior to June 3, 1915, Not Covered by Act. SALEM, Or Oct. 10. (Special.) The practice of the world war, vet erans' state a.id commission in ad ministering' the' loan feature of the so-called bonus act was upset here today when the Oregon supreme court held that an ex-service man who is eligible to a loan and who obtains such loan on realty security is not required to use the money for the purchase of a farm or home. He may use the loan for any purpose that he may desire, the court ruled. The opinion was written by Jus tice Rand and reverses the decision of Judge-Kelly of the Marion county circuit court. Both the members of the world war veterans' state aid commission and Judge Kelly had in terpreted the act to mean that the money obtained through loans was to be applied to the payment for a farm or home and could not be used for other purposes. A similar inter pretation was igven the act in an affirmative argument appearing in the voters' pamphlet at the time the measure was submitted to the elect ors at the 1921 election. Other Decisions Upset. The case was brought by Frank Tl . Moore against the commission ard was one of four test suits de cided by the supreme court today. Ail of the cases were begun in the Marion county circuit court, but were appealed to the supreme court by the plaintiffs following adverse decisions by Judge Kelly. Another of the suits was brought by Cicero F. Hogan to determine whether the commission has author ity to deprive the applicant for a loan the right to use real estate owned by his mother or other rela tives mentioned in the act as secur ity for the loan, though he himself may have no title in- the property. The supreme court held for the plaintiff fn this suit, with the "re al It that Judge Kelly was reversed and the case was remanded. . In an action brought by Sallie A. Carson, the supreme court held that in event of the death of an appli cant the relatives mentioned in the art do not have the right to procure the loan to which he would have been entitled and that such pro vision is unconstitutional. The de cision of Judge Kelly in this case al.io was reversed by the supreme court and the action was remanded. Service Limit l-XahiiNhed. In a suit brought by William F. Faulman the supreme court held that a man who was in the army service prior to June 3. 1915. is not entitled to the benefits afforded by the bonus and loan act. The de cision of Judge Kelly in this case wap affirmed by the supreme court. Other opinions handed down here today follow: State of Oregon on relation of prJev anre committee of Oregon State Bar as sociation and grievance committee and chancellor of- Multnomah Bar associa tion versus Joseph Woerndle; orifinal proceeding for disbursement; argued oa demurrer to accusation; demurrer over ruled in opinion by Justice McCort. and defendant Riven to and including October V to file answer if he desires. Coast Finance corporation versus Ira F. Powers Furniture company, appellant Appeal from Multnomah countv; action to recover money. Opinion by Justice Bean. Judge H. H. Belt affirmed. Firm of McOarg-ar. Bates & Lively versus New Amsterdam Casualtv com pany, appellants; appeal from Multnomah county; motion to dismiss appeal al lowed, in opinion by the court. McKinley Mitchell versus Southern Pa cific company, appellant; appeal from Multnomah count ; suit to recover dam ages. Opinion by Justice Brown. Judge J. P. Kavanaugli reversed. W. F. Parks, appellant, versus Viola Keeny; appeal from Lane countv suit to recover monef. Opinion by Chief Jus tice Burnett. Judge G. F. Kkipsworth affirmed. C. F. Garber versus Clement Bradhurv, i appellant; appeal from Klamath county; suit for damages. Opinion by Chief Jus tice Burnett. Judge I. V. Kuykendali reversed and case remanded. State of Oregon versus C. A. Elweyy appellant; appeal from Clackamas coun ty; appeal from conviction on charge of arson. Opinion by Justice McCourt i Judge J. u. Campbell reversed and case remanded. State of Oregrn ex rel State Fish and Game Commission versus A. D. Hawk et ai.. defendants, and S. S. Mohler et al. defendants: appeal from Hood River county on objections to cost bill Opin ion by Justice fcean. Objections sus tained in part. Petition for rehearing denied in Strong versus Smith, known as Faling will cas. n1 in Runnells versus I,effel. daughters and three sons who at tended the funeral. Francis Territin 3IcBride. Funeral services for Francis Ter ritin McBride, retired attorney of Butte, Mont., a prominent figure in the early days of Butte when that city was enjoying the prosperity caused by the mining boom, will be held at the family residence at 487 East Twenty-third street this aft ernoon at 2 o'clock. Mr. McBride practiced law in Butte for 30 years, coming to Portland to make his home upon retirement from prac tice. His death occurred at his home here Sunday morning. He had resided in Portland since 1910. Rev. E. H. Pence will officiate at the services, ' ' James Douglas AValker. CENTRALIA. Wash., Oct. 10. (Special.; me . aeacn oi James Douglas "Walker, a resident of Cen tralia for the last 35 years, occurred yesterday following a brief illness. The body was taken to Tacoma to day for cremation. Mr. Walker was 83 years old and is survived by two daughters, Mrs. Sam Agnew of this city and Mrs. Mary D. Baker of Kopiah. Dr. George B. Gentle. CENTRALIA, Wash., Oct. 10. (Special.) Dr. George B. Gentle, local chiropractor, died early this morning at the family home, 201 North King street. He was 41 years old and is survived by his widow and two children, James B. and Ottolene Gentle, the latter a student at the University of Wash ington. His father, James W. Gen tle, resides at Franklin, Mo., and two sisters, Mrs. E. G. Gibbs and Mrs. H. C. Suttfoff. at Litchfield, III. MESSES RECALL II Trial of Indian for Murder Is Begun at Dallas. yards of mud was moved during September by the port dredge at an average cost of $ 054 a yard, which is an unusually low figure for dredging costs here. This low cost was attained despite the fact that the machine lay idle six full shifts because of insufficient power and also on one holiday. Labor day. Practically all the mud moved was from the Grays Harbor city shoals, which were deepened from 18 to 25 feet, low water measure, for a dis tance of about a mile. JURYMEN ALL FARMERS WOERNDLE LOSES POINT DEMVRRER OVERRtTLEI IN DIXSBARMENT CASK; Perjury, Committed Inside or Outside of Profession, Just Cause, Court Rules. SALEM, Or., Oct. 10. (Special.) Th esupreme court, in an opinion handed down tonight, overruled a demurrer interposed by Joseph Woerndle, Portland attorney, against whom disbarment proceedings have been instituted by the Multnomah County Bar association. In his de murrer Mr. Woerndle alleged that the allegations set out in the com plaint do not constitute grounds for his disbarment. Woerndle was given until October 25 to file an answer to the accusations, "An attorney wso commits per jury, whether committed inside or outside of his professional employ ment, is subject to suspension or disbarment, without his having been first indicted and convicted," read the opinion of the curt, which was written by Justice McCourt. "An accusation is sufficient which alleged the facts constituting such perjury." The complaint against Woerndle alleges that he made false affidavits in obtaining a passport for himself whic hhe is said to have given to one Hans W. Boehn, alleged German spy, to assist the latter in returning to Germany from this country. Having Trouble With Your Furnace? Maybe you are not getting the proper heat or something else is wrong. We are heating engineers and specialists in installation and repair work. Your problem can be quickly solved. A severe coal short age is evident for this winter, so you must heat your home eco nomically. Our proposition will save you many dollars. Call East 1628 or come to our display rooms at 401 Oregon St.. and we will explain it to you without any obligation on your part. Temp-Rite Furnace Co. Adv. Community Club to Meet. The Mount Tabor Community ciub will meet at the Presbyterian church at East Fifty-fifth and Bel--mont streets at 8 P. M. today. All Interested are requested to be pres ent at this meeting. Court Hears Details of Clash in AVhich Officers Price and Todd Were Slain. DALLAS, Or.. Oct. 10. (Special.) The trial of Philip Warren, Grand Ronde Indian, for the murder of Grover C. Todd, federal prohibition officer, got under way this after noon. A pury was secured at 11:5") this morning after 59 talesmen ha-I been examined. Three special venires were required to get a jury. The . first witness examined by the state was Jasper Perry, tht alleged stool-pigeon, who was work ing with the federal officers at the time ' the shooting occurred. Perry described the events leading up to the arrest of Warren at Grand Ronde shortly after midnight one September morning for bootlegging. He denied that he had been prom ised immunity from prosecution in a case .against him for alleged vio lation of the prohibition law in Tillamook county. Perry was corroborated as to the details of the shooting by E. W. Holden, Tillamook, county deputy sheriff, who shot Warren in the hip as the Indian fled from tha scene of the shooting, nd by E. L. Marshall and Benton Killen, federal officers, and Robert Marshall, driver of the car that took one of the parties of officers to New Grand Ronde the night of the fatal shoot ing. Other witnesses examined by the state were John Warren, father of the defendant; Mrs. W. B. Wilson and C. H. Glover of New Grand Ronde. The testimony brought out by the state was that Price had arrested Phillip Warren and Henry Petite, another Indian, for having liquor in their' possession after Perry had purchased a bottle of moonshine from Warren for $2. Warren.lt was testified, started to fight Price, when he was struck over the right temple by the officers with the butt of his pistol. Both prisoners subse quently made their escape. About 20 minutes afterwards, while price. Todd, Perry, Holden and Robert Marshall were standing in front of the garage on the main street of the town. Warren was seen rifle. All hid behind a nearby auto mobile. When Warren came up Price stepped out and attempted to take the gun away from the Indian. A scuffle ensued during which Price fired one shot. Warren at least four. Perry one and Holden four. At the conclusion f the shooting Price was dead, with a bullet wound near his heart and another in his abdomen, and Todd was shot once through the head, dying about an hour after ward. The state concluded its case at 4:40 this afternoon and the first witness called by the- defense was E. L. Marshall, the federal officer wh oixad testified for the state. He was questioned about the kinds and number of pistols carried by the various officers in the raiding party., Henry Petite, Warren's alleged part- j ner; Mr. and Mrs. Warren, parents: of the defendant, and Pauline War ren, his sister, were examined by i Attorney Hayter for. the defense be- 1 forse court adjourned for the day. It is believed the case will go to the jury by tomorrow night; The jury that is trying Warren is composed of the following, all farm ers: Henry McElmury, F. G. Brown, J. W. Childers, Gus Lake, Harvey Gage, W. D. Gorsllne, A. "V. Oliver, W. L. Murphy, B. I. Ferguson, T. J. Gardner, J. P. Hamilton and J. E. Mason. TAX LEVIES ARE FIXED Clarke County Millage Lower but State Ratio Is Increased. VANCOUVER, Wash.. Oct. 10. (Special.) The total tax levy for old Vancouver fro this year will be 77 milles and in greater Vancouver, that part of the city voted in later, 78 mills. There were bonds owed by the old city which It will have to pay alone. The county levy will be 21.8 mills, lower than last year, but the state tax, 18.80 mills, will be higher. The county has a lower valuation this year, partly on account of a. lower railroad property assessment and about $200,000 loss by reason of the shipyards closing down. Clarke county will pay the state $300,181 as its share of state gov ernment. The combined state and county expense is $674,903.75. The amounts to be raised by the school districts will be several hundred thousand dollars in addition to this. Grays Harbor Exhibits Wins. MOXTESANO, Wash.. Oct. 10. fcn..i.i i rinvs Harbor county's agricultural exhibit took second place among the six county exhibits at the western Washington fair at Puyallup last week, according to a report just received by Robert Cowan, county farm agent. The ex hibit was in charge of W. L. Cox of Elma and was the first exhibit the county has ever made at this fair. Mr. Cox said that the cranberries attracted especial attention and that several hundred visitors made extensive inquiry as to the county and its opportunities. The exhibit included fruits, vegetables, grains, grasses. potatoes. eggs, canned fruit, canned berries and canned clams. Aberdeen Stevedore Injured. ABERDEEN'. Wash., Oct. 10. (Special.) Jack Dougherty of v.-,5cr. an ..mnlnvf. nf the Gra.V'S Harbor Stevedore company, is in the Aberdeen general nospnai wmi back dislocated, chest crushed and i. fr.ntiip.fl as a result of being struck by a sling load of lum ber at the Northwestern mm in Hoquiam this morning. While he was watching loading operations v, .nnir .arrvinir the lumber broke and Dougherty was struck by the falling lumber. A Eisier in me of Man is the only known relative of Dougherty. Coos County lnvorces Numerous. Mipsireii!i,n.nr.. Oct. 10. (Spe cial.) Coos county divorce records tv month nf October will over shadow any previous separations for a like period, without a doubt. In th. fii-t week of the nostDoned term of court Judge John S. Coke granted 12 separations and four ad ditional cases are" on the docket for an early hearing:. DRY UK IS REVIEWED PROHIBITION DIRECTOR ENDS KIRST YEAR OF DUTY. Cost or Dredging Low. ABERDEEN', Wash., Oct. 10. (Special.) A total of 302.132 cubic 1 fV4i ..M CALOL LIQUID GLOSS Don't scrub painted Boors with soap and water. Better for them easier for you with Calol Liquid Glow. Ap ply with wet mop then polish dry. STANDARD OIL CO. -.1 Obituar. Abram Bengtila. ASTORIA. Or., Oct. 10. (Special.) Abram Bengtila, 61. a rancher re siding in the Young's river falls district, died last night after an ill ness of several years. He was a native of Finland and had resided in that section 19 years. He is survived by his widow, two sons and two daughters, William. Waino and Fan nie Bengtila, and Mrs. Hulda Warila. He also left two stepsons, Walter and Jalmar Erickson of this city; two sisters, two brothers and three grandchildren. Mfcs Anna Warmouth. BROWNSVILLE, Or.. Oct. 10. (Special.) Miss Anna Warmouth 60, who died Sunday, was buried to- j day. Services were conducted by Kev. W. P. Elmore at the Rantist church. Miss Warmouth, as a school teacher in the primary grades of the Brownsville schools, had instructed irtartt scholars than any other teach er e-er in the schools here. During the closing years of her life Miss warmouth had been a shut-in sorely afflicted with rheumatism. ' Evan Evans. DAiLAS. Or.. Oct. 10. (Special ) Evan Evans, one of the most promi nent fruit growers of Polk county, died Sunday night at his home, ten miles east of Dallas, as an indirect result of injuries received in an au tomobile accident about -a year ago Mr. Evans is survived by his widow and two daughters, Mrs. George Kurre of Dallas and Miss Carrie Evans, a teacher in the Portland schools. He was a member of Jen nings lodge. Masons, of this city. Hiram Hilts. RAIMOXD, Wash,, Oct. 10. (Spe cial.) Hiram Hilts, a widower, 93 years old. died at the home of his daughter-in-law, Mrs. Catherine Hilts, in this city last Saturday. Funeral services were held at the Salvation Army hall at 11;30 A. M. today. The body will be shipped to Centralia. He baa Uuree surviving gjBllMjjil iliHlilllHllil'iiii!i!ji1'llllllliillHiiilliIHi The More You Know About EYEGLASSES the more you will appreciate Our Service and the more you will be convinced of the thoroughness of our methods. Your eyes will be examined by a specialist on vision, who has had many years' experience. OUR INVITATION We invite you to consult with us about your, eyes. Our perfectly equipped examination rooms are filled with all the latest and best instruments for ensuring precision. We can and will give you the very best service that can possibly be obtained. Phone Main 3759 for Appointment The Bow Optical Co. 257-58 Morgan Bldg. Take elevator to second floor and turn to your left. 237-58 Morgan Bldg. Portland, Oregon 325 State Street, Salem, Oregon Large Quantities of Liquor and Ram Autos and Stills Seized; Arrests 359. Fines $25,500. Results of the first year of his war on bootleggers and moon shiners, were announced yesterday by Dr. J. A. Linville, national pro hibition director for Oregon, and will form the topic of an address to be delivered today at the annual convention of ' the W. C. T. U.. at McMinnville by Frank B. Mitchell, legal advisor to the local dry chief. Twenty-three hundred gallons of whisky, wine and beer were seized and destroyed, 122 stills seized in raids and 20 liquor-carrying auto mobiles libeled by the government. The period covered by the report is from September 12, 1921. the date Dr. Linville assumed the office, until September 30, 1922. In this period 359 persons accused of violating the prohibition laws were arrested and held for trial in the federal courts. Fines aggre gating $25,500 were assessed against the offenders by Federal Judges Bean and Wolverton. Property val ued at 113,370 was confiscated by the government.' v Whisky is the favorite beverage of the violator of the prohibition laws, according to Dr. Linville's re port. During the period 1311 gal lons of whisky, principally moon shine, was taken. More than 13,000 gallons of mash were found in and about stillB and destroyed by the simple expedient of pouring a few glasses of kerosene in each barrel. Nine hundred and sixteen gallons of wine were taken in the same period and 105 gallons of beer were, seized. - y-iif iimiffiiiTifn-iTiirnB i Montavllla Club Formed. With its principal objective to ob tain a high school building for the Montavilla district, but with all mat ters of civic improvement and wel fare to be made an item of impor tant business in tho future the Mon tavilla Community club was per fected at a meeting held in the Odd fellows' hall in the district Monday night. A preliminary meeting was held recently and a committee on bylaws appointed which reported at Monday night's gathering and the details of organization were com pleted. Klection of the officials for the ensuing year at Monday night's gathering resulted in R. W. Gable be ng elected president and Frank L. Condon .secretary-treasurer. Head The Oregonian classified ads. Just one way to look "well-dressed" Speaking briefly that way is to be well dressed. 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