The Sunday Oregonian., March 01, 1908, SECTION TWO, Page 12, Image 24

12
THE SUNDAY OREGOXIAX, PORTLAND, MARCH 1. 1908.
MAY ESCAPE JAIL
ON TECHNICALITY
Prosecution of Title Bank Of
ficers Hinges on Delicate
Law Point.
IS BANK ACT OPERATIVE?
Argument-, on Question Presented
Before Tliree Judges in State
Circuit Court, and Decision Is
Taken Under Advisement. '
Vpon the question of whether the bank
in(t law passed by the last Legislature is
yet operative will depend the further
prosecution of the officials of the defunct
Title Guarantee & Trust Company on
charges of receiving deposits In an in'
solvent banK, knowing the same to be In
solvent. Aiguments on this question
were presented before the State Circuit
ourt yesterday forenoon, when the de
murrer lately filed, by the accused men
was ordered up for hearing. Circuit
Judges Oantenbeln. Bronaugh and O Day
heard the arguments of state and defense
nd then took the matter under advise
ment. Later the three Judges held a
conference but did not reach any decis
ion. Another conference will be held this
week and the attorneys in the case will
be notified as soon as a finding is- pre
pared. Of the four men accused, J. Thor
burn Ross. T. T. Burkhart, J. E. Aitch
ison and George II. Hill, the only one in
court was Burkhart.
Section IS of the new law is the one
under which the indictments were drawn
against the four men, and this section
provides that "owners or officers of any
bonk who shall receive any deposit, know
ing that such bank Is insolvent, shall be
deemed guilty of a felony and punished.
on convlctjon therefor, by a tine not ex
ceeding H000 or imprisonment in the State
Penitentiary not exceeding two years, or
by both such tine and imprisonment, at
j Ihf discretion of the court. "
Basis of Claim' for Immunity.
' TKe section under which the indicted
ffticliils claim immunity from prosecution
Is 34 which concludes with this sen
tence: "Within 18 months after the tak
ing cnVct of this act, all banks doing
business In this state at tne lime or iaa-
ing effeQt of this act, shall conform to
ami in a.1 respects comply with all tne
provisions of this act. and be subject to
examination by the Examiner and tne
uenalties herein provided.
District . Attorney Manning and Judge
Martin L. Pipes, special prosecutor In the
vase, appeared for the state while Wal
lace McOamant and C. H. Carey rep
resented the accused four. Wallace Mc
Camant, in presenting the contentions
whereby it was asked that the demurrers
be sustained, said:
"Section 18 create a new offense, affix
Inj? a penalty of fine or imprisonment or
both for its commission. There Is notntng
In the language in section 18 which showa
that this penalty was excepted from the
operation of the language contained in
section .14. nothing to declare a legislative
Intent to putt section IS with its penalties
in force af .n earlier date. The penalty
prescribed in' section IS must therefore
necessarily be included among tne penal
ties herein included' as declared in sec
tion 34. The imidi used in section 34 are
so broad and comprehensive as to plainly
include all penalties mentioned in the
act. and among- them those mentioned in
section 18.
Denies Law Is in Force.
"Manifestly, sec-tlon 18 is not In
force,' he said t in conclusion, "and
until it is in ' force there is no
penalty attached to the act complained
of. Until the law is in force there can
be neither indictment nor information
for Its violation, nor can there be a
conviction under it. Section 18 not be
ing In force for the Infliction of pun
ishnient for acts in violation of its
provisions, its penalties having been
eliminated by section 34 for a period
of 18 months after the act takes effect,
and the acts charged having been com
mitted within tills) period of 18 months,
the admission of the facts charged in
the Information -would not justify a
conviction nor wuild the acts therein
. charged be punishiable with the penalty
prescribed by section 18."
Judge Pipe replied convincingly. He
said that a paramount rule of construc
tion of any statute is in gauging the
Intention of the Legislature and the
object aimed at. Language capable of
more than one meacnihg is to be taken
in that sense which will harmonize
with such Intention and object and
effect the purpose of the enactment."
lie added, tiuotlng a rule of construc
tion. "The first inquiry, therefore, will be
What is the object and intention of the
act in question?" Juilne Pipes continued.
"It lias only one object. and' that is to
protect depositors. There is not a word
or line in the act, from the enacting
clause to the last word, that is not de
signed to promote this object. There is
no conceivable reason why the Legisla
ture shall meddle with or attempt to reg
ulate the banking business except to pro
tect depositors. The banking business is
a necessity of modern business methods.
It would be impossible now to hark back
to the times when men kept their money
in stockings, or In chinks In the' wall, or
in safes, or in safety vaults. The whole
business structure now depends upon the
convenience, certainty and effieeincy of
the bank. It is the very breath of busi
ness Foundation of Public Confidence.
"The foundation of this structure is pub
tic confidence. The bank is the creditor of
the business world. Its business is based
on confidence. There could not be any
banking without confidence. It is to pro
mote that confidence and to protect the
business world from the consequences of
fraud that this act is passed.
"Kxamine carefully every section of the
act and It will be founU that not one of
them has. or can have, any other object
than that of making it safe for persons
to deposit their money in the banks.' as
sured the money will be paid on demand."
Judge Pipes carefully dissected sections
IS and- 34 and quoted extensively from
authorities for the purpose of showing
that any statute must be interpreted from
its aim and purpose. He urged that the
act went into effect February 25. 1907, and
that it applies to banks existing at that
time as well as to banks organized since.
Demurrers to the indictments charging
the four men with having stolen state
money and with having loaned state
money out at interest are also pending.
Judge Cleland has them under advisement,
ind expects to announce a decision in
the course of a few days.
has' been ordered 'by the Secretary of the
Department of Commerce and Labor.
The specific charge against Hamageuchi.
who alleges that he is a student, is that
he entered the United States without pass
ing the usual inspection.:
Importation Is ltesited.
Noinusaburo Hamaguchi. a subject of
the Emperor of Japan, yesterday, by his
attorney. Walter H. Kvans. Med a peti
tion In the Federal Court for a writ of
habeas corpus. Hamaguchi seeks by this
mova Ia prevent bis deportation, viuvu
SUIT OVER ACTO INSURANCE
I'. A. Bennett Seeks Judgment
Against Harvey O'Brien.
Some interesting sidelights on auto
mobile insurance were shown in a civil
suit which was decided in the State Cir
cuit Court yesterday afternoon. Likewise
some interesting facts concerning the
habits of tcuring cars were developed.
The suit was that of F. A. - Bennett
against Harvey O'Brien. Bennett is seek
ing to collect $:X frpm O'Brien in con
sequence of a wrecked cur." It appears
from the testimony that Bennett insured
his car with O'Brien and then lost the
machine by tire before the insurance paper
had been accepted by the company.
It was several weeks ago that he took
out titer policy on his big 2000 touring car.
Afterwards he sold the machine to F.
Prosser. who makes a business of haul
ing people about at so much an hour.
Very often his patrons like a little
scorching 'done. It was while 'a party
from the Portland Hotel was enjoying the
sensation of passing through Montavilla
at a meteoric pace that the machine
caught Are. it is alleged. The hotel party
had to walk to the car and slip into the
hotel by a side entrance because of the
attachment they had formed for Monta-
villa real estate.
Bennett had received only part payment
on the machine. It was still his prop
erty. He went down to collect -his in
surance. . He says Mr. O'Brien, exhibited
a document 'Showing his company bad
Just rejected, Bennett a application- for
auto Insurance. He didn't know it was
an application and told the Insurance man
he had been led to believe he was insur
ing his'-. machine 1 rather :r than' signing a
mere application for; insurance. Bennett
wpas aavisea tnat auto . insurance is . ac
cepted with great caution as the risks are
very great. ' ' '
The case was argued at great length
yesterday, morning . before Circuit Judge
Gantenbein, who took the matter under
advisement.'
HU9H50N ON TRIAL
Principal of School Accused of
Beating Pupil.
PUNISHED FOR TRUANCY
NOT " RELIEVED OP LIABILITY
Condemnation of Building Does Not
Release Owner, Court Decides. .
While building inspectors have author
ity to condemn buildings, . yet the owner
of a condemned building is not thereby
relieved from possible damage to tenants.
according to a decision made yesteruay
forenoon by Judge Cleland, In the State
Circuit Court. The suit In question was
that of Hung Sing & Company against
Mrs. Cornelia Burkhart to collegt $82,-
419 damages because of the tearing away
of a Second-street building used by the
firm. In an answer to the complaint
Mrs. Burkhart set. up that the building
has been removed under orders - of the
City Building Inspector.
The case was in court yesterday on a
demurrer to the answer, it being urged
that the action of the Inspector did not
relieve an owner from responsibility.
Judge Cleland said the question as to. the
necessity of tearing away the building
was a matter for the Jury to pass upon
He sustained the demurrer.
NOT EXEMPT, COURT RULES
Non-resident Corporations Must Pay
Taxes, Says Judge Cleland.
"on-resident corporations are amenable
to all laws and particularly to the tax
ation laws of the state. Such, in effect
was the decision made by Circuit Judge
Cleland yesterday in the suit of Marshall
Wells Hardware Company "against the
county to restrain collection of taxes on
money, notes and accounts aggregating
$226,000. The tax on this personal prop
erty amounts to $3195, and the company
contended that it could be assessed only
under the laws of New Jersey,where the
firm is incorporated. The county's de
murrer set out that the personal prop
erty involved is in Multnomah County
and subject to taxation therein. This de
murrer was sustained, thus ending the
suit, unless appeal is taken.
HIS 81ST ANNIVERSARY
Judge Bullock Will Celebrate Birth
day Next Wednesday.
S. Bullock, for many years Justice of
the Peace on the East Side, will cele
brate his 81st birthday next Tuesday at
the home of fc.llis McLean, 7o Lmon
avenue. North, where friends will gather
in honor of the event. It is hardly cor
rect to say 81 years old, for while his
hair is white, his heart and spirit are
f
i
'8 . ,.'
MMWtttlrtzM
Judffe 5. Bullock.
young, and there Is music in his soul.
For 30 years Judge Bullock has been a
resident of the East Side. For more than
a decade he has been the leader of the
famous Veteran Male Quartet, which has
always been composed of veteran sing
ers, who have long since given way in
the church choirs , to professional direct-
ore and leaders, and yet they never lost
the real spirit of music. Judge Bullock
and the veterans sing the old songs and
they, sing so that every word is clear and
distinct. Some of these veterans have
dropped out of the circle since the quar
tet was organised, but others close- up
the ranks and they go on singing. So the
veterans also will gather to rejoice with
their leader on the attainment of his
Slst birthday. Judge Bullock's voice shows
no evidence of age, even if his snowy
head proclaims it.
SAHLIN BUST FORMS.
The fact -that McAllen & McDonnell
carry in stock the Sahlin Bust Forms
and Corset combined is sufficient
guarantee of merit.
Oregon People in Chicago.
CHICAGO. Feb. 29. (Special.l Ore
gon people registered at Chicago hotels
today as follows:
Great Northern A. E. Coville. A. K.
Hawkins, Portland. Palmer Uoune J.
W. liQW. Portland,'
Arthur Matthews Prosecuting Wit
ness in Case Before Justice Reid.
Hearing . Will . Be Resumed
Next Saturday Morning.
The case or the State of Oregon against
o. js. wugnson, . principal of the Ports
mouth School, charged with assault and
battery on Arthur Matthews, one of his
pupils, January .31. was taken un before
Justice of the Peace Beid yesterday after
noon. At 5 o'clock an adjournment was
laiten until next Saturday at 9:30 A. M.
The reason given for the long postpone
ment of the trial is that a majority of
tne witnesses lor the defense, yet to be
examined,- are schoolteachers and would
do required to absent themselves from
tneir duties in event the hearing were re
sumed Monday.
Professor Huerhson w
Dan 3. Malarkey, while Deputy District
Attorney btevenson. assisted by W. W.
Banks, special prosecutor retained by A,
E. Matthews, father of the complainant,
looked after the state's Interests.
The trial commenced at 2 o'clock and
most of the afternoon was taken up by
me examination or the Matthews boy. his
mother Mrs. Annie Matthews, and two
of the pupils who are alleged to have
Deen chastised by the principal at the
same time as was the prosecuting wit
nets.
Toung Matthews made a good witness.
adhering closely to the story he told at
tne time the charges were filed against
the principal, February 11, the day the
ooy was sent to the hospital by Dr. E.
a. caoie.
According to the testimony of the boy
t-roiessor Hugnson beat him with a pad
dle for playing truant with four other
lads. The boy said the principal struck
mm wun tne snarp edge of the paddle on
the knee and shin, Inflicting a bruise of
very serious character. When asked bv
Mr. Malarkey if it was not true that his
injury was not received while horseback
riding some time previous to the chastise
ment, the lad denied that such was the
case.
Mrs. Matthews was the next witness.
She told .of the return of the boy Trom
scnooi on the day the beating was admin
istered. She said she noticed then that
the boy was lame. On investigation she
found bruises on the boy's right leg and
aressed them, not thinking the injuries
were serious, and permitted the . lad to
m-isit his father down town. On the boy's
return home, she said, his leg was worse.
and she was compelled to attend him
practically the entire night. At the boy s
earnest request he was allowed to attend
the school examinations on the following
oionuay and Tuesday.
Monday, February 10, young Matthews
was still suffering much pain, and his
father took him to Dr. B. E. Cable. The
physician ordered him removed to the
hospital.
. Dr. Cable 'testified that the bruises were
of such an aggravated nature that they
retusea to yield to outward treatment,
and he was forced to lance the knee.
One piece of contradictory evidence
orougnt out, having bearing on the case,
was in the testimony of Walter Berry,
one ui me ooys wno was chastised by
Professor Hughson at the time the al
leged assault on young Matthews was
committed. Young Berry said that Mr.
jviaiinews naa given mm a dollar on a
certain Saturday following the chastise
ment, on which day other witnesses had
declared that Matthews was out of the
city. Berry stuck to his assertion on
cross-examination.
Ram ?nrlnn,1er annthpr tt tha A,u
"punished by Professor Hughson, testified
that the principal beat Matthews quite
severely. He also admitted that he and
Matthews had been accustomed to fide
horseback, and that on one occasion
Matthews was Injured while out riding.
He could not fix the date.
Justice Reid announced at 5 o'clock that
the hearing would be postponed until
next Saturday morning at 9:30 o'clock.
and Constable Wagner was instructed to
notify the witnesses to be on hand at
that time. The prosecution will introduce
a few more witnesses and the examina
tion of witnesses for the defense will
then be taken up.
A number of schoolteachers summoned
on behalf of Professor Hughson will be
.present. By their testimony it is exDected
to show that the charges against the
principal are malicious and that the
Matthews boy was prevailed upon to
bring tne cnarges by enemies of the prin
cipai.
WILL STAY IN PORTLAND
Effort to Move Pacific Monthly to
Seattle Fails.
It is reported that a movement is on
foot to remove The Pacific Monthly to
Seattle. This has been supplemented
by a statement published In a local
paper yesterday to the effect that the
magazine might be discontinued alto
gether. The latter report Is emphati
cally denied by both Charles H. Jones,
the general manager, and Lute Pease,
editor of the magazine, who state as
follows:
"The report that The Pacific Monthly
Is in a doubtful condition is unfortu
nate, because wholly untrue. The fact
is, The Pacific Monthly management
is discussing reorganization because of
the very fact that it is so prosperous.
PIANOS
Player-Pianos
Phonographs
Records
if Tou are thinking of Durchasinsr
any of the above, it will pay vou to
visit our store.
We have fourteen different makes
of pianos, including some of the old
est and best-known. We have more
different makes of player-pianos than
any firm in the city, and we are the
exclusive agents for the great Mel
ville-Clark "Apollo" Flayer-Piano
the only instrument on the market
which makes use of all the keys on
the piano when played either way.
We are now offering some special
inducements. See us about it.
Hovenden-Soule Piano Co.
Cor. Morrison and W, Park Sts. .
SPRING
IS COMING
And why not select your clothes now
and be ready when she appears in
her Spring hat?
Chalk and pencil stripes, moss tans
and wood browns are very modish
this Spring.
The most desirable patterns aresure
to be picked up early; why don't you
be the one that secures the cream of
the- showing f We have plenty of
time to devote to every detail of your
clothes. Come in and talk over Spring
styles. Let us show you the new
weaves and colorings, whether you are
ready to buy or not.
BUSINESS SUITS... $25 TO $30
OVERCOATS .... :. .$25 TO $60
Satisfaction guaranteed in all cases.
Garments to order in a day if required.
Fall Dress and Tuexdo Suits a specialty.
WILLIAM. J ERREMS' SONS,
108 Third Street
It is expanding so rapidly that it has
outgrown its swaddling clothes.
"It should be a source of pride to
Portland to know that The Pacific
Monthly heads the list, of all maga
zines for circulation and advertising
growth during 1907 In the report re
cently published by 'Printer's Ink,- of
New York.
"The Pacific Monthly has climbed the
hill and is now on the high road to
success, and is fast becoming one of
the big magazines of the country. N'o
one connected with the magazine has
ever thought of discontinuing it. A
stockholder's meeting has been called
to discuss a plan of reorganization
electing new officers and mapping out
a vigorous campaign for 1908.
"It is true that a number of Seattle
capitalists opened negotiations for the
purchase of the magazine and plant.
They saw the greate advertising value
of such a magazine for Seattle, as well
as the investment future', but from the
way In which a number of leading
Portland business men have subscribed
for stock in the reorganized company.
It looks as though Portland Is also
awake to the value of the magazine,
and we want to say to the friends and
readers of The Pacific Monthly, 'Just
kick If you don't receive your next
copy on time, because we will be right
here doing business at the old stand.' "
YAKIMA INDIANS OBJECT
Demand That .White Hunters Be
Kept Off the Reservation.
NORTH YAKIMA. Wash.. . Feb. 29.
(Special.) The Yakima Indian reserva
tion population has arisen practically in
Us united might against further Intrusion
of the white hunter. It has appealed to'
Reservation Superintendent Jay Lynch
for an order prohibiting the grant of any
more privileges to white hunters within
the bounds of these millions of rich
acres. The reservation is the duck hunt
ers' paradise in this part of South-Central
Washington. It comprises the lower
parts of the valleys of the Taktma and
tributary streams and contains the
swamps and bayous of this part of the
Inland Empire. Here it is that the grass
growth is most abundant and feed is
plentiful, there being many broad wheat
fields, near. Duck hunters from sur
rounding parts of the state are wont to
flock here during tne duck season and
bag thousands of birds.
These hunters, the reservation people
'I0U DON'T- HAVE TO
Attejid Bargain Sales
Clearance Sales Shanr
or any other Sales when
you can buy ,
First-Glass .
Suits for Men
of us at
9 - '..,.
There are dozens of styles
to choose from, every size,
and all the new fabrics.
Spine of these identical
fabrics and patterns are
shown in uptown stores
at $20.00
When You See It in
Our Ad It's So
MQIEK
Third and Oak
First and Yamhill
allege, have become' wantonly abusive of
their privilege, shooting stock and crip
pling it in some instances in an effort to
drive It away from the ponds and
swamps where the birds are plentiful.
They have become insolent and are
charged with threatening the reservation
police, who are Indians of courage and
intelligence, and to whose discretion may
be attributed the defeat of -riotous en
counters between the hunters and inhab
itants of the reservation, the latter .-having
armed themselves to protect their
property.
Agent lyncn win prooaoiy issue an
order forbidding further trespass on the
reservation preserves by hunters of any
class from the outside districts. White
occupants of reservation lands have
joined the Indians in an appeal for this
order.
Deaf Man Takes His Own I4fe.
Despondency brought on by reason
of his physical condition caused Wil
liam Rogers, a glazier;-23 years of age,
to hang ' himself some time Thursday
-night."' His dead body was found sus
pended by a rope to an. exhaust pipe in
the engine-room of the old United
States Brewery at Water and Harrison
streets, by two boys, yesterday morn
ing. When 6 years of age Ilogcrs was
afflicted with spinal meningitis, which'
rendered him deaf, and this affliction
Is believed to have caused him to be
come despondent. He lived with his
mother at 401 Water street. It is
said that he made two previous at
tempts to end his life, but on each oc
casion was interrupted before the act
had been consummated. . Until three
months ago he had been employed by
the Povey Bros.' Art Glass Works. Cor
oner Pinley took charge of the remains,
but it is not likely that an Inquest will
he held.
SALE OF NEW SPMNG GAHEWTS
-
AT THE HOUSE OF VALUES
SPECIAL
Moire Imported Heatherbloom
and Sateen
Petticoats
Regular $1.50 Values, Monday
89c
SEE WINDOWS
SPECIAL
Lingerie
sloT
WW
aists
New Waists, Reg. $1.50 Values
$1.00
SEE WINDOWS
Demonstration of Our Own Teas Now Going on in Our Grocery Dept. Come and Have Tea With Us
Silk
Petticoats
Regular $8.50 Silk Petticoats,
all colors, Monday,
$4.95
New Spring
SUITS
New models arriving daily
from the foremost designers io
New York. Chic styles, new
cloths.
" Special
New Spring: Suits
A" sample line of new,, up-to-date
Spring Suits, values
up to $37.50, Monday,
$22.50
SKIRTS
New line of Dress Skirts, val
ues up to $12.50, . ,
Monday
$5.95 '.
VISIT OUR FURNITURE DEPARTMENT - - INSPECT OUR NEW SPRING MILLINERY
WHOLESALE
AND RETAIL
Jo M. Acheson Co.
FIFTH AND
ALDER STS.