The Sunday Oregonian. (Portland, Ore.) 1881-current, October 30, 1910, Page 11, Image 11

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    CCTOBER 30, 1910. ' :
Own Admissions and Records
Show Fees and Mileage Ac
cepted, but Unearned. .
Slatrmrnt lnron;rtMin In Many
Particular No Occasion for
Return to Washington. Though
Ie Was Collected.
II KTL-Nt. Or, Oct t. iTo the
Kdltnri I have read Mr. Oswald West's
explanation of the rhrj that a a
witness In the BInger Hermann caae he
wrsairfuMr collM-k'd' from the United
Ftatea Government $:&.J0 fees and
mileage, but unhappily (or him It was
on cf those explanations that neither
explain nr vlndirate. Unfortunately
the facta do not admit of an explana
tion that will relieve thl moet ex
traordlnarv tranaratlon of several mot
discreditable features. In a recent
speech reported In the Portland Jour
nal explaining the transaction. Mr.
West said: "I was on my way to
Washington on business for the state
when I was subpoenaed In Portland
as a witness In the Blnger Hermann
case. I was on my way to the depot
when served. I decided to Ito on Kast
and hoped to be bark by the time I was
Paroe of Trip Stated.
He then stated that he went East
for three purposes. Tlx:
1. To secure from the Interstate
Commerce Commissioner certain data
relative to express rates.
Z. To confer with anklln K. Lane,
a member of sVirh commission, relative
to a uniform code of demurrage1 rates.
J. -To supply a ap In the file of
the commission reports." meaning, as
I nnderstand. reports of the Interstate
Commerce Commlslon.
It la apparent, therefore, that he did
not 10 to Washington on any business
for the United Mates, and rrallr It
would seem that the objects for which
he did : might have been accom
plished equally as well, or better,
through correspondence. Surely It was
Dot necessary to go to Washington to
secure the reports of the Interstate
Commerce Commission. Any member
Df Congress would have supplied them
en request. However, he says, and I
quote him as reported In the Journal.
-I atteaded te all these matters and
arranged for clerical assistance In
making up the Information about ex
press rates." Observe, therefore, that
be accomplished the purposes of the
trip and hence there waa no occasion
for him to go hack to Washington.
When he returned home he presented
to and collected from the State of. Ore
gon a bill for his expenses In the sum
of IISJ.
Mileage C'liarjrcd Both Waj.
I have Inspected the record In the
United States Court and find that on
January' 1. 110. he presented to the
clerk of that court for allowance a
elalm for witness fees and mileage, as
T-ntted states to OawaH Wast, debtor.
Adttreaa: TUlrl-t of Cohim le.
"Kor travel sns1 and aerwtcee rendered
BS a wltnewe In atlemlan.e upon h t'nlted
Ftatea Cln-ult -ourt fr the District of
Ore. attttna at I'ortlae-'l:
a attendance January 13. 14. 15. 1W
IT. I. ll
Iy ef travel January T. 8. . Jo. 11.
li. . 21. 12. -i. ri.
T da at l- pr .lay f B7.00
! nl!M tral at i cents mile.. Soa.0
Amnanf elalmed IS.". ;o
1 eerttfr that the ahere Mil Is correct
and Juat and that payment tberafor has not
been received.
The above statement waa sworn to
before the clerk, so Mr. Marsh, the
clerk, says, and la Indorsed. "Paid by
check No. T74V"
Now. observe that Mr. West swore
that be had traveled and would have
to travel l4 miles "as a witness In
attendance In the United States Court."
etc, yet. by his own confession, as
above quoted, he mas subpensed at
Portland. Or., bvfore leavlnx for Wash
ington: besides he says lie went to
Washington aa bamlaeaa for the ataie
ad Ml for the I ailed Mate. How.
then, could ho conscientiously swear
that be "traveled" that (1(4 miles "as a
wltness"T Suppose a private party
were to subpena a wltnesa and be
tween that date and the date of he
trial the wltnesa should go on a trip
to Kurope. would the private party
have to pay blm mileage on such trip?
Addrr: "Pl.trlrt of Columbia."
But that Is not all. Mr. West swore
that his address was "District of Co
lumbia." Was It? He also testified
that he would have to travel back to
Washington, for. observe, he says he
traveled January T. S. . 19. 11. IX. those
being In fact the days he traveled on
bis return trip from Washington: he
attended court January 11. 14. 15. li. IT.
14 and Is. and he filed the said voucher
and maJe the oath thereto on the nine
teenth, saying therein that he would
lso have to travel on January 10. 11.
IS. SI. : I and IS. that Is. In substance
he swore that he Intended to start
back to Washington on the next day.
Ihe twentieth, and It would take until
the twenty-fifth to arrive there, all be
cause he was subpenaed as a witness;
therefore, he not only claimed the ad
ditional JM mites at S cents per mile,
but the additional six days at II per
Jay. He was clearly overlooking noth
ing. But. he never did go back more, he
Sid not Intend to go back, for observe
he staled In his explanation: "I at
tended to all these matters." while In
Washington: that Is. to the three mat
ters for which he went to Washing
ton: hence there was no occasion for
blm to return. Why. then, did he claim
mileage and per diem for going bark?
Why did he swear that he was going
bark? Why. Indeed, did he swear that
he had returned from Washington be
cause of the subpena when he admits
he was subpenaed In Portland and left
for Washington thereafter, and. hav
ing "attended to all these matters." re
turned In time to testify?
Motive Is Plain.
Why did he swear that from the loth
to the Ijth of January, he would be
traveling from Portland to Washing
ton? Simply because otherwise he could
not have secured the money. Were
these statements true? No but well,
he bad to. make them In order to get
the money. Mr. West further says:
The next day after I arrived In Salem
J turned the balance of 1315 over to
the State Treasurer to reimburse the
state "for the money It paid out for my
trip to Washington. The amount waa
about ITO more than the state had paid
out on account of my trip, and I felt
this extra money ahould go to the state
to make up for loss of my time from
my ordinary dutlea as Railroad Com
missioner. If this be graft, my friends,
make the most of It."
Xcr loaa of mj timer My dear ill.
IMstrlct of Co-
West, have yon not said that you went
to Washington "on atate business?.
Did you not feel that the atate wa
bavlna: the benefit of your services
while ao employed? Did you not deem
the matters tor which you hied your
self to Washington sufficiently Impor
tant to the state to Justify Tou In mak
ing the trip? If not, why did you
charge the state the $161 expenses In
curred In making the trip? Tou were
on your way when subpenaed. you tell
us; bence would have made the trip
whether subpenaed or not. would you
not? The fact that you were sub
penned had nothing to do with your
making the trip, did it? And you had
time while In Washington to "attend
to all these matters" for which you
went, did you not? Then why should
the United States "make up the lose
of my time from my ordinary duties
as Railroad Commissioner?" Did the
United States send you to Waahtng
ton? . t
Voucher and Statement Compared.
A comparison of Mr. West s verlflel
voucher and Mr. Wests clear and
luminous explanation, presents the fol
lowing: Os. West. Address. District of Columbia.
i Inanlrr Os. w est. resiec.
new? omlent? Astoria? -
himhlfe' tf n Aid Dlace?
Subpenaed la Portland te attend, ae wlt
neaa at Portland; had te traval at4 miles te
see there and bark, at ft cants per. Also
It required 11 days at IS per to make the
"Voarloaleas A mlahty long distance from
Portland. Oreeon. to Portland. Oregon.
. Went on state business.
Charged mileage and per diem te t-nlted
Stales. m
Charged expenses "te state. I
"I certify tnat the above bill la correct
and Juat. Oa. West." ....
"If this be graft, make the meet ef It.
Oa West."
However. Mr. West tells us that he
turned over to the state $115 of the
amount collected, retaining $50.10. For
what purpose did he return that sum?
If any of It belonged to the state, why
not all? He had collected from the
state the amount fit his expenses to
Washington and return. $SS: why.
then, retain the $50 10? He may say
that he attended court eseven days
after his return from Washington and
for his expenses In so doing he waa not
paid by the atate; but remember, other
witnesses are allowed only fl
per day for attending court while he
charged $7.17 and a fraction. Why?
While It 'Is quite apparent that his
novrl Ideas of ethics would Justify him
In collecting from the United States
$7.1? and a fraction per day as a wit
ness, on would think that his super
sensitive conscience would have sug
gested to htm the Impropriety. If not
injustice, of charging the state In ex
cess of the $3 per day allowed by law
to a witness.
Money "Sever Earned.
I admit, however, that we must allow
for the fact that he had Just returned
from Washington and $.17 and a frac
tion per day atUl looked small to blm.
I am told, however, that he did cot
turn over to the atate the Ills until
the matter bad caused ceraln official
observations and was In a fair way to
become public I do not know as to
that, but I do know, by Mr. West's
own admissions and by the record, that
he put In a sworn claim for witness
fees and , mileage that he had no,
earned, and I am wondering if a ma.1
who would preeent and verify such a,
claim and accept the money on It, even
though he paid part to the state. Is a
fit man for chief executive of this
I also wonder what the following
section of the United States revised
statutes means: . ,
Sec W3. Making or prseentlng false
claims.! Every person who makes or causes
to be mida. or presaata. or causes to oe
presented, for payment or approval, to or
by any person or officer la the civil, mill
tare or naval service of the Vnlted States,
any claim upon or against the Government
of the United States, or any department or
officer thereof, knowing such claim to be
false, fictitious, or fraudulent, or who. tor
tbe purpose of obtaining or siding te obtain
the payment or approval of such claim,
makes, uaosw or eeuaea to be mada or used,
any falae bill. receipt, .voucher. . . .
affidavit, or depoaltloa. know las the same
to contain any fraudulent or nrtitious state
ment or entry. . . . shall be Im
prisoned at hard labor for not loss than one
nor more I ha five years, or fined not leas
than one thousand nor more than five
thousand dollars. A VOTER-
City Attorney Kays Deputy Was Not
Absent FYom JIunlclpal Court.
Answering the charge made against
him by Chief of Police Cox that he had
no deputy at the Municipal Court when
an Important case came up for hearing
Friday City Attorney Grant said yes
terday ttat he did have a deputy pres
ent during the entire session. R. A.
Sullivan, the deputy usually detailed to
the Municipal Court, waa forced to go
to the Circuit Court at the time men
tioned and his place waa taken by
Iepty City Attorney Cahalln.
"The criticism directed against me
.11- i4 Mr. oi-ant vesterdav.
"Is unjust.' as It Is not possible for me
to leave the work In my office to look
irb Hons hv mr deoutles, Mr. !
Cahalln assures- me that he was pres
ent during the session of the court and
paid attention to the tint Imposed by
the Judge upon 'Bill Grant. As Grant
pleaded guilty. It was not for the Dep
uty City Attorney to name his One.
That was solely the duty of the Muni
cipal Judge.
"My deputies have orders from me
never to agree to the postponements' of
suits, or to any dismissal of a suit.
They are authorised to prosecute at all
Chop House Proprietor. . lacking
Cash, Mailt Go to Jail.
Because Peter Manus. prbprletor
the Austrian chophouse at 300 Couch
street, sold a flask of whisky to A.
Hajek and Joseph Murphy early yes
terday morning he must serve a long
jail sentence In lieu of the US One
Imposed by Municipal Judge TaxwelL
patrolman Cameron was passing the
restaurant early yesterday morning
and the two men were Just leaving the
place and making considerable noise.
He asked Hajek and Murphy where
they got the liquor and they aald they
bought It from the chophouse keeper.
They were made to Identify the -man
that sold them the liquor and he waa
Louis Koulouaa. proprietor of a
Greek restaurant on North Fifth street,
charged with attempting to bribe Ser
geant Oolti and Patrolman Nelson to
allow Mm to run a gambling place, was
lined $10 yesterday and cautioned to
cease allowing hla countrymen to gam
ble In his plsce under penalty of a
heavier fine and a Jail sentence.
$42,000, 50-FOOT PRICE
Sale of Third and Davis Site Is
Under 'Way.
Negotiations were begun yesterdsy
for the purchase of the business prop
erty having a 60-foot frontage on
Third street, near Davis street, through
the agency of Goldsmith St Co. The
sale will be closed In a few days, ac
cording to Mr. Goldsmith.
The purchase price Is placed at $42.
000. The property brings a high rental
and waa held by 8. W. Martin for a
number o years.
Indicted "Cruiser Would' Es
' cape Arrest, but Fails.
D. M. Wilson Arrested In Salem for
Sending ; Improper Letters
Through MallsCharge Denied.
Lctlerljead Admitted Ills.
After making an attempt to escape
arrest on . a charge of sending Im
proper letters through the malls, D. M.
Wilson, of Salem, waa brought to Port
land yesterday morning to answer to
the Indictment returned by tba United
Statea grand Jury.
Mr. Wilson, otherwise known as
"Five-Spot." has been a timber cruiser
In the Cascade range for many years.
Is a well-known character and has been
In the habit of spending hla Winters at
the State Capitol.
"I did not learn that Government offi
cers were after me." said Mr. Wilson.
"untll It was too late to get out of
town. If I had reached the woods
neither the officers nor any of the tim
ber cruisers of that section could have
caught me."
Wilson Is charged with having writ
ten objectionable letters to Miss Edith
German, a waitress of State street. Sa
lem, but denies that he Is the guilty
"Five-Spot." so named because of the
blase he placed on his trails through
the forests of the state, asserts that he
knows the woman In the case and that
the letterhead upon which the objec
tionable material was scrawled was bis
property, but he says that was the ex
tent of his sinning.
It Is charged that when Wilson read
of. his Indictment In The Oregonlan he
Immediately attempted to reach the se
clusion of the timbered hills.
After being arraigned for the second
time. J. O. Crawford was yesterday al
lowed to plead not guilty to the charge
of Impersonating a Secret Service offi
cer of the United States. Crawford Is
the young lawyer from Marsbtleld who
has been In the Multnomah County Jail
for the past three months and who
waa accused of shadowing violators of
the law In an automobile.
Crawford was haled Into court on
Monday last and asked to plead to an
Indictment that had never been re
turned by the grand Jury. For some
reason the grand Jury became con
fused In the papers' It had under con
sideration, and Crawford's Indictment
was not signed by the foreman. Craw
ford last night announced his determi
nation to take advantage of the error
of the . Government In hopes that It
would bring about hla release. He says
be has- been doubly charged w ith the
same offense.
Women Writers to Meet.
The State Woman's Press Club of Ore-
I I . . w
Baltimore iClothes
We recognized wherever men congregate
as the "Clothes Beaufafurpf the Clothing
World They carry the stamp of Elegance,
Distinction and Refinement -they are the
Standard of Fashion for Gentlemen '
If you have never worn a Schloss Baltimore Suit or
Overcoat it will be worth your while to ask the Schlosi
dealer to show you the New Models of Schloss Baltimore
-Clothes we will forward all of the latest models to
our drain for your inspection without expense
no obligation to purchase our pleasure to show.
New Models for the College Chaps or
the Elderly Man of - Affairs for the
Banker or Lawyer, Doctor or Mer
chant, Clerk or Rural Gentlemen
They -cost no more than tlie ordinary.
. . ' Sold by the BEST CLOTHIERS everywhere
Designed and Made- by
Schloss Bros. & Co:
t e -eW'S SI S"W - J -.::..: :. .
Fas. Ootk-e Maker, t : j 1 3 J
BaJtiinorsaad New York ; J 's1 i i
N'p ' far
gon will meet next Wednesday evening
at I o'clock on the second floor of the
City Hall, near the Fifth-street entrance.
It will be "Newspaper Evening." Papers
on "The Modern Newspaper." "The
Woman's Column" and "The Relation of
the Contrlhtuor to the Editor" will be
read by Mrs. Evelyn Allen Altchlson,
Mrs. Catharine Chapman and Miss Mary
C. Davles. .
Another Argument That Prohibition
Is a Good Thing.
A13ANT. Or.. Oct. 2S.-To" the Editor.)
I wish to reply to some of the state
ments contained In an editorial in The
Oregonlan of last Tuesday on "Prohibi
tion or -Local Option." The plea of The
Oregonlan and also those of Mr. Darrow
and Mr. Rose are that prohibition "Is an
unwarranted Infringement upon Individ-
Crook County Ranch Said to Rep
resent Investment oi: $600,000
Baldwin Sheep & Land Company's Holdings Contain 26,000 Acres, and
on property Is Only Supply of Water for Irrigation
- Available in That Region.
f -dyv
' (ax j x t . a - -
oZetg- J v5V 'JJA"MM""",l"!ZaamSsaeasawammBmmyl
... 1
ual liberty "an attempt on the part of
one section of the community to pre
scribe a "rule of life' for other sections."
The plea Is not a good one.- The Su
preme Court of the United States has so
decided In the following language, in
the case of the Boston Beer Company
vs. Mass;, 97 U. S. 25: "If the public
safety or the public morals require the
discontinuance of any manufacture or
traffic, the hand of the Legislature can
not be stayed from providing for Its dis
continuance by any Incidental inconven
ience which individuals or corporations
may suffer. All rights are held subject
to- the police power of the state."
That absolutely settles the question of
individual liberty. The personal liberty
of the individual Is subject to the police
power of the state. If . that were not
true, then the law against the use of
opium would bo unconstitutional. How
many persons in Portland have been ar
rested, fined and punished for having
opium In their possession? Ought that
not to be considered an Infringement of
personal liberty? The courts do not so
consider It. No person has tlie legal
right to injure himself, even though he
may believe that his act may be for oft
k.n.nt. In that case, as in every other.
hthe state must decide. There is no rea
son for exempting the use or aiconono
liquors. Whenever the people of any
state decide that tbe use of any article
Is detrimental. It may provide against
"Letme recall the definition of law as
laid down by Blackstone: "Law Is a
rule of civil conduct prescribed by the
supreme power . in a state commanding
what is right and prohibiting what is
Not licensing what is wrong, but pro
hibiting it. The rights of the Individual
In such cases are subject to the police
power of the state. But It Is claimed
that such a law cannot be enforced.
That Is not a good reason why the law
should not be enacted. If that were true.
. all laws which are not enforced should
be repealed-laws prohibiting the sale
and use of opium, the white slave traffic,
smuggling and all other laws of that na
ture. The Oregonlan's logic would re
peal every Important criminal law on
the statute book. But the fact la that
I the law can be enforced. . W hen the
i Governor of California notified the prtse
! fighters that such violations of the law
I would not be allowed in California, prize
fighting in that state ceasea nKin i"'
and then. . .
When The Oregonlan announces that
righteous laws cannot be enforced. It In
effect places the criminal above the law.
It announces the failure of the Govern
ment and the downfall of the Republic
Not only that, but it encourages the
criminal element in its continuous efforts
to overthrow the law and prevent Its
enforcement.' Nothing encourages the
criminal element so much as to be as
sured that It cannot be punished for
CIThe' Oregonlan also says: "Prohibition
tries to Impose the will of distant com
munities upon those which desire sa
loons." Well, why not? The liquor
traffic is not a local Institution and never
can be made so. Not long ago a man
left a Benton County logging camp, went
to Portland, . got drunk, and returned to
the camp' In that condition. He ordered
a Chinese cook to get him something to
eat. The cook told him there was noth
ing ready. The -drunken man then at
tacked the Cliinaman and nearly killed
him. There was nothing local about
that crime.- The man got drunk In Port
land. Because of that, he committed a
crime 80 miles away. Local option laws
wera passed by the people-of Oregon as
a mere temporary measure to remain
only until state-wide laws could be
enacted. The liquor traffic is not a local
I received a letter the other day from
a Portland liquor firm offering to. ship
4 gallons of Stanford rye for $17.50.
They assured me that "all goods shipped
In Oregon will go out as heretofore. In
plain cases.' No marks to indicate the
contents of the package. Mail us your
check, draft or money order with your
order, as we cannot ship C. O. D. Orders
for Washington, Idaho and Montana will
be marked according to the contents of
the package, so as to conform with the
new Interstate law Just enacted."
Nothing local about that. It Is not
only state-wide but interstate-wide as
The Oregonlan alleges: "But when the
City of Astoria must submit to the dic
tation of Yamhill and Crook counties,
the question is very different. The
tyranny of such an arrangement is ob
vious. What does Crook County know
of the local problems of Astoria?"
Crook County knows that it has to as
sist In paving the expenses of the many
murder, trials caused by the sale of
liquor In f Astoria and Portland, one "of
which is now in progress In Portland,
according to, the reports in .The Orego
nlan The localization of an institution
like the liquor traffic cannot be accom
plished. Undertaking to deal with the liquor
traffic by city option laws, would be like
cutting off the dog's tall behind his
shoulders; but dealing with it by state
wide laws, would be like cutting off the
dog's tail smooth, behind the ears.
Northwestern People In New York.
NEW YORK, Oct. 29. Special.) Peo
ple from the Pacific Northwest reg
istered at New York hotels today as fol-
Portland Broadway Central, A. C. Ar-
Spokane Navarre, F. D. Jones; Vic
toria. D. H. Renshaw.
Seattle St. Andrew, D. G. Boole;
Park Avenue, J. G. Spier, N. C. Spier;
Victoria, - J. L. Campbell; Imperial, C.
Haskell and wife; Martinique. Mrs. E. W.
Andrew; Wolcott, Miss H. Igoe.
Dredge Ready for Work.
MARSHFIELD. Or.. Oct. 29. (Spe
cial.) The Government dredge Oregon,
which arrived in the bay yesterday
from Grays Harbor, is being Inspected
by Engineer Leefe of Portland with a
view of ascertaining; any small repairs
that are needed. The dredger will be
ready to begin work in about 10 days,
a J. DALY Is 'authority for. the
r" statement that In the property
aLa formerly known as the Hay
Crek ranch, which was taken over by
a syndicate of which he Is a member,
an investment of 1 400.000 Is represent
ed. ' V
This land lies In Crook County. JS
miles south of Shanlko, on the line of
the Harrlman road up the Deschutes.
The Baldwin Sheep Land Company
la the way the enterprise Is designated,
and the main business of the syndicate
now Is sheep-ralslng. and 22.000 head
of sheep have been bought and are
running on the lands.
Altogether there are 26.000 acres In
the holdings. According to Mr. Daly,
the only water available for Irrigation
In that part of the country Is on this
property. . Part of the ranch Is under
Irrigation and part of the land under
cultivation Is worked by dry-farm
methods. This year, says Mr. Daly, the
value of the crop obtained was $65,000.
Most of this was alfalfa hay. which
waa sold In the stack. Porter Brothers,
who are engaged In railroad construction-
work in that part of the state,
bought 1200 tons of the hay for the
animals tfiey use In . their work Oats
grow on this land, says Mr. Daly. 100
bushels to the acre.
On the' irrigated land. It has been
found, he says, that ahe fertility of the
soil Is Increased about four times. A
huge crop of cabbages was raised in
this manner.
Sometime In the future, Mr. Daly an
nounces, the townslte of Edwards,
which has been platted but not sold,
will be opened, and he predicts that
It will become one of the-most im
portant towns In the central region of
'f.-i !ef1
'. -t TY
4 , .?(
I m
jMt,. ,.',. :!WK)Wf inf .- S .
Oregon, because of the wonderful coun
try about It.
The men composing the syndicate
are E. J. Daly, G. M. Standifer, L. B.
Mcnefee, N. P. Sorenson and James
Elwood. .
If yon desire to purchase
-or sell real estate, bear in
mind our company will serve
you and strictly in a confi
dential manner and solely as
your agent. "We have no
other interest than to give
acceptable service and earn
the regular fee. "We accept
no more nor receive less. We
solicit your patronage and
covet your confidence.
Our knowledge of condi
tions and equipment for ex
pedition of business enables
us to offer exceptional serv
ice. -
Consult our Realty Department.
We Present Judge Cleland as a Citizens
Independent Candidate for Circuit
Judge Dept. No. 3.
The contest over t'nis office is not a political one.: Judge Cleland
has served twelve years, and has been an honest and ' faithful otticer.
It is important to the community that he be re-elected.
Here is the issue: Will the people support a Judge who .acts fear
lessly and impartially in the discharge of his sworn duty (to decide
without fear or favor according to the law and evidence), or will
they give their support to the personal enemy of such an officer 7
Mr. McGinn is an enemy of Judge Cleland. The cause of that
enmity has not been declared, but the fact is well known and has been
for the two years last past. The bench will nqt be sought by good
and able men if they are to be defeated when thr decisions dis
please a certain man or certain men.
The question is whether or not our Judges shall be permitted to
maintain their independence. No man is fit to be Judge who will
make terms with any one to hold his place on the bench. 1 he only .
appeal allowed when a Judge is unjustly assailed and abused, as
Judge Cleland has been, is to the people. .
The voters must protect the courts if they are to be maintained in
their integrity. .
To fail to support Judge Cleland now is to greatly lessen the in
fluence of the courts, to defeat a valuable and useful officer and to
permit Mr. McGinn to satisfy a grudge.
Citizens' Committee
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