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.
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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
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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
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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.
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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.
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