8 THE SUNDAY OREGONIAX. PORTLAND, 1TJGUST 27, 1911 FICKLE POLICY OF TAZWELL SHOWN , , . . j r-i a FreaklSh DeCISIOnS and Flat Disregard of Law Create Storm of Comment. JUDGE ADMITS INFRACTIONS roller Pursued la Municipal Court Defended by Author on Ground of Usage Penalties Below Minimum Are Imposed. Records of the Municipal Tourt since September 22. 1M0. when George Tas- j well succeeded to the place left vacant If the death of Judge Bennett, dis close that there Is back of the present lively public interest In the transac tions of the court, a long list of acts. ' which have brought adverse comment upon It. Freakish decisions upon questions not covered by the law. alack regard for the keeping of the records, and even flat disregard of the law. ad mitted by Judge Taswell. but defended upon the ground or usage, have from time to time been noted, yet no im provement has resulted. Announced Policy Dropped. The Incumbent Jdlge -came to his position with the best wishes and active support of all concerned. He announced adherence to the policy of his predecessor, of whom he had been a close associate, and began by inau gurating small reforms that were viewed with favor. One of his first an nouncements was that he would not be a party to the shifting of undesir ables from one city to another, and put a atop to the practice of driving "floaters" from town. First criticism of the new Judge t-ame In the matter of Imposing penal ties upon reckless drivers of automo biles. Chief of Police Cox complained that his men could not secure results so long as the fine was a mere Incident. Constant hammering upon this point was set at rest eventually by an In crease In the scnedule of fines for these offenses, but after a few d.iys of - severity tne court dropped back Into a relaxed policy and of late has -pone so far as to suspend sentence In most of the cases. - Imw Not followed. He has even disregarded the la w ! Imposing penalties below the mini mum after his attention was called to the fact that he was doing so. By a - peculiar freak In the city ordinances. It ts provided that the minimum fine within the fire limits, where protection Is most needed. Is $10. while In the out lying districts the lowest fine Is $25. Without regard to this, the court fell Into the tar of Imposing fines of flu without regard to the place of offense. Newspapers commented upon the fact, but many $10 fin-- have been Imposed since that time, for speeding outside the limits. Most unu-nsl of the court's arts has been the assumption of the pardoning power, which has grown to such an extent that Judge Taswell probably will be called before the grand Jury to explain bis extra-legal actions. Dealings Are Shown. First Instance of the fact that the court was letting men out of Jail be fore their terms were out. came to light last January, when Jack Nelson, an actor, was fined $100 for assaulting a girl In an effort to take away from her a diamond ring he had given her. The man was unable to pay his fine, and went to the Ltnnton rockplle. Soon afterward he appeared In court as com plainant against M. Welser. a chauffeur, afterward Indicted for engaging in the white slave trade. He accused Welaen of securing a ring from him while he was confined at the rockplle. raising money upon it to f pay bis fine, and retaining the over- plus. It then came to light that Welser ! had gone to Judge Taswell In his prl ' vate office, had secured a reduction of Nelson's fine to ISO. had paid that amount out rt the money obtained l. pawning Nelson's ring and had thrust the remainder, money properly belong ing to the city. In hla pocket. At tH time of this discovery Judge Taswell announced that he would make no more orders In chambers, but he dl4 not cease commuting sentences. Among those who have enjoyed the leniency of the court in this way are Hobert MarMonles, Fred fj-ildberg and Hlcharl O'Keefe. drug-users. O. A. Rlcharcs and Arley Townsend. from whom A. S. Brlggs. ex-superlntendent of the rockplle. Is accused of having taken money for premature release, were turned out on orders from the court, according to assertions of the accused. Practice Are Admitted. Judge Taswell admits that he has commuted many sentences after they were Imposed, but bases the practice upon established usage, though admit ting that there Is no warrant In law. A argacy from past times which cul minated in Tazwell's Incumbency and for a time held promise of Involving the city in suits for thousands of dol lars was the practice of committing men to fine or Jail without the constl tutlonai procedure. This came to light In the case of Gus Fran so. who escaped prosecution on the charge of giving liquor to children because no complaint trad been drawn against him. Attor rieys took up the matter and prepared to bring suit against the city in all rases where the procedure was not In form, but found the task too onerous and dropped It. Much criticism was directed at the court for a ruling made last Novera ber In a case relating to the enforce ment of the weights and measures or dinance. William Constanttne. a butcher, accused of selling short weight meat, was let go upon the pro nouncement from the bench that the complainant should have gone back and demanded full weight. It was pointed out by the City Attorney that, sup posing a dealer was making a practice of defrauding his customers, he would gladly make restitution in the few cases where he was caught. Court Not Consistent. In the enforcement of the liquor or dinance the court has paltered and has been on both sides of the question. When a certain notorious Flanders street resort was at the mercy of the law. having committed a second offense and thereby upon conviction forfeited Its license automatically, the court held that the evidence of a decoy was not admissible and dismissed the case. A few weeks later, when the defendant was a young woman. In a far less flagrant transaction, he reversed bl former decision, though the same propositions of law were presented by -the same attorney, and convicted the woman tipot the testimony of a most obvious decoy. With a maximum of debatable trans actions the court has taken a maximum of time, and the quick dispatch which is necessary in handling the business has become a thing of the past. Wit- nesses and attorneys are permitted to bring in any matter that suits them nd prosecutions wander far afield. Recent actions of the court. Includ ing the phenomenal success of Judge Tazwell's quasi partner. Attorney Had- dock, whose "batting average is estl- . mated by officers of the court to be a I loss of three or rour cases oui or aoout I 75. have focused attention upon Munlcl- pal tuuil auauo. biju n. uiibso j - openly that mor.e matters will be brought In question when he makes his defense on charges of taking money to release prisoners from the rockplle. BARON VIEWS PORTLAND Antonln de Mandat-Grancejr Says Development Here Surprises. Baron Antonln de Mandat-Grancey. from Paris, arrived In Portland Friday night and passed yesterday in this city Investigating Its resources and lndus trlea The Baron was entertained at luncheon by the Arlington Club, and was taken for an automobile trip over the city by William Mcllurray and friends. A visit was made to the For- Misnro Toi jro mx soight BV PARF.MH WHO LIVES l t.M-LA.XD. t. Ji Albert Betteawortfc. "My dear lad. do write home. Tour mother is very anxious and so Is your loving dad." The above message is from the parent of Albert Betteaworth. who left the home of his cousin. Herbert Norton, 418 Somervllle avenue, Olney. Pa., on June 2. and has not been seen nor heard of si ace. Mr. Bettesworth Is 21 year of t age. Is 6 feet 7 li I fair complexion. i eyes, and light, i Inches tall. Is of with brown wavy hair. Hla upper teeth are .gold filled, and his lower teeth are very un even. Is weighs about 135 pounds. Mr. Betteawort h's parent, who are still In Eng land, are in great distress and anxiety about him. and for their sake. If he sees this, he is rnestly asked to communicate Ith them. estry building and other places of In terest, and M. de Mandat-Grancey ob tained much literature concerning Portland and Oregon. He left last night on the Shasta Lim ited, saying that he was very anxious to make the trip out of Portland at such a time that he might pass through the Rogue River Valley by day. He is very much Interested In the frultrals Ing of the Rogue River Valley, as his home In France is situated near one of the greatest apple-raising centers of Europe. His family, which accom panied him from Seattle. Wash, went on to San Fraaclsco Friday night, leaving him to pass a day In Portland before Joining them. The Baron Is greatly Interested In the Pacific Coast, and expressed sur prise at the rapid strides In develop ment mat are being made by all of the large Northwestern cities he has visited. Winter Travel Encouraged. W. E. Citman. general freight and passenger agent of the Hill lines, re ports that this season has been a most successful one so far as beach travel is concerned. Although vaca tionists are beginning to return to the city for the opening of the city schools next month, an exceptionally heavy Fall and Winter patronage Is ex pected at Gearhart and Seaside. The weather at these resorts during Sep tember is usually pleasanter than at any other time in the a-ear. and the management of the Hill lines Is doing everything possible to add to their at tractiveness as all-year resorts. It is the intention of this railroad system to continue tt present satisfactory j service to both Gearhart and Sea side as long as the patronage war rants. NEW PAKISH BUILDINGS ON r4 U - nr f .'.-iff v 1 - Vv ".V " " ' ' -C. -- " ' . - L W a sa mm - J ' " i i NEW SACRED IIKAHT STRrCTlUKts Thre bulldlnga for th Saerad Heart parish, at the aoutheaat corner of East Eleventh and Blsmark streets, on Benedictine Heights, will soon be completed. At the corner the two-story frame convent bild lnc ts finished. Adjoining- ta the fireproof ichoolhouse, built of hollow tile, which will koon be ready for oc- ' cnpJricy. It Is two stories high, with a full basement. Work Is being pushed forward on this building-, so It wllla be completed for the opening- of school next month. . ' The pariah residence for Rev. Father Gregory, a 10-room house, stands Just south of the schoolhouse. The church was moved from the former site on Mllwaukle street These new buildings represent an outlay of about 10.000. t The schoolhouse will accommodate 150 pupils, and will be fireproof. It la the first building of the sort erected of hollow tiling-. These parish buildings will be dedicated the last of the month. , BR GGSCASEC ROW Tazwell Accused of Freeing Second Prisoner. LAWYER'S RETURN AWAITED Arley J. Townsend Imprisoned at Rockplle Says lie Paid Superin tendent $150 for Release.' Hearing Due Tomorrow. On the return to the city of At torney Roscoe P. Hurst, said to be in California, hinges sensational evidence concerning the premature release of Arley J. Townsend from the Linnton rockplle last January, acocrdlng to a statement made yesterday by A. S. Brlggs, former superintendent of the quarry, who la accused of releasing Townsend for $160. Brlggs asserts that through the agency of Hurst and the order of Judge Taswell he released the man, thus putting the case on equal footing with another In which Brlggs Is accused of releasing U. ' A. Richards for $100. Brlggs also asserts that Judge Taz well, In conversation with him, did not deny that he ordered the releaae of Richards- although the maglstrata made a p'bllc repudiation of the chargo at the time of the accusation. Brlggs has demanded a subpoena for Judge Tazwell. to appear and arlvi testimony at his preliminary hearing In the Jus tice Court tomorrow. Money Paid Alleged. Togrnsend, who Is now serving a year at Kelley Butte, after making a third attempt to lure young women through advertisements, received a sentence of 90 days and a fine of $300 for a slmx liar act. committed at the Oregon Hotel last October. At the end of the 10 days he was arrested at the Oxford Hotel for the second offence of the kind. The question arose as to how he had obtained his release, as the rec ords showed that the $300 had not been paid. Brlggs at the time took the responsibility, saying a mistake ' had been made. and the Inquiry was dropped. Townsend going back to serve out his time. On his release at tn expiration of sentence he commltte-1 the third offence and was sent to Jail under a state charge. He mid') a state ment to Deputy Sheriff Phillips, last Friday, that he had paid Brlggs $lo0 with the understanding that It was to be divided between the supe-mten dent. Guard Anderson and a third pur- son, whom Townsend understood to be the Municipal Judge. Lawyer Mentions Judge. At the time of the discovery of Townsend's premature release, a rep resentatlve of The Oregonlan ashed Attorney Hurst, then apearln? for the prisoner, who had paid his fine. The lawyer replied that it had not been paid, that Judge Tazwell had commuted sentence. Seeking confirmation of this statement from Judge Taswell. the Inquirer was Informed that no such action had been taken, and the Judge showed surplse that Townsend wis at liberty. "Oh. well," said the lawyer. "If thai Is what Tazwell says, let it go at that: I don't want to stir anything up," Further Inquiry was blockel by a statement by Brlggs that he had over looked the $300 fine and that the whole thlng'was a mistake. Now Brlggs re pudiates that statement. Brlggs Stakes Denial.. "Townsend never had $150," said Brlggs. "He had no money when ar rested, as the records will show, a;id he got none while with me. Judge Taz well spoke to me about the case, say ing that the man had Influential friends who wanted to get him out and that he thought the prisoner was crazy. Attorney Hurst was a frequent visitor at the rockplle for several weeks. In the Interest of Townsend. At length I, got orders to realese him, and 1 did so. I am going to call Hurst as a witness." The grand Jury was at Kelley Ilutle Friday, but did not at that time ques tion Townsend. The case will be taken up probably next week. BrlggsJ relies on his . ability to prove that Townsend had no money and thitthe release was obtained by Hunt through orders from Judge Taxwell. POLICE CENSURE HEARD Kenton Residents Complain That Of ficers Were) Lax. Failure of the police to capture Nick Skufas, who beat Harris Geannopolls to the point of death at Kenton, Fri day, has aroused great criticism In the suburb, and the feeling was added to yesterday when a report spread that the aasau;ted man was dead. The res idents assert that mismanagement by the policemen was responsible for the loss of three chances to capture the fugitive. Chief Slover, while regretting that- BENEDICTINE HEIGHTS ARE RAPIDLY NEARING COMPLETION -if: uuaLi.i i ; - E q acini 1 - M - r- ,".r p - . jvv!. 11 I i i i. m. l . . - . I detectives ordered to the scene of the I crime were unavoidably delayed in ) reaching there, asserts that his men did the best possible. He admits that the unfortunate absence of the officers on watch cost a chance to capture the fugitive when le returned to his home Friday night. There had been a feud between the men, which culminated tn a fist fight on the day -before the assault. At the conclusion of the battle Skufas warned Geannopolls that If he returned to work at the plant of the Durable Roof ing Company, where both worked, he would be killed. The Kenton people say that when Skufas returned to his house Friday night some of his countrymen went to look for a policeman and found an offi cer In a moving picture show. SULZBERGER TO BE VISITOR Packer Will Arrive tn Portland in ' September Is Announced. G. F. .Sulzberger, head of Sulzberger & Sons Packing Company, will visit Portland In September. His visit will be the first that has been made to this city by a member of that big firm and his coming Is a response to an invitation sent him by the Portland Commercial Club. R. W. Raymond, who met Mr. Sulz berger In New York. Monday: took the LAD, WHOSE TIGHT SHOE COST MIGHT LEG, 19 RE I'OVEHMG OPERATION". Clarence Hubbard. Bearing bravely the amputa tion of his right leg. Clarence Hubbard, the 13-year-old son of Mr. and Mrs. R. W. Hubbard, of 127 Hawthorne etreet. Is re ported doing well at the Good Samaritan Hospital, where the operation took place Tuesday. The operation was more than usually painful, because the leg had already developed signs of the blood poisoning which made ampntation necessary. The lad wore a pair of tight shoes last July 4, causing a small bllsten on one heel, which he neglected. He waa taken to the Good Samaritan Hospital eoon after with a badly Inflamed foot, but was thought to have recovered. Blood poisoning, which set In, caused hla return to the hospital Tuesday. matter up with him and Mr. Sulzberger announced his acceptance of the Invita tion yesterday at Chicago. Beginnings of the work on the Sulz berger packing plant here will not be delayed until after his visit, however, but will be pushed forward as fast as possible. Mr. Sulzberger expressed "him self as well pleased with the co-operation he had received from the busi ness men and commercial organiza tions In Portland, especially the aid given In securing an advantageous location at the stockyards. ' Mr. Raymond, who made his trip East to confer with the proprietors of the Berlin Machine Company that a to establish a factorw here, left yes terday for Portland from Chicago. Striking Linemen Aided. Organized labor Is standing behind the members of the local electrical union who several weeks ago Inau gurated a strike against the Mount Hood Railway A Power Company be cause of a disagreement as to hours of labor and wages. At a meeting Friday night, the Central Labor Council recom mended that an assessment of 20 cents a month per capita be levied by the several unions of the city against their membership for the aid of the striking linemen, the assessment to continue in force during the pendency of the strike. Fruit Shipments Increase. Increased shipments of fruit are al ready in evidence from Oregon points o cities on the mam line or tne ia- adlan Pacific. Thla Is explained from he fact that during the last week the Canadian Pacino put Into effect new rates for handling these commodities nd ranging from 20 to 45 cents per 100 pounds less than the old tariffs. Fruitgrowers are taking advantage of this opportunity more cheaply to reach a desirable territory for marketing their products J i' mm ' Csa ill iianirMrfr 1T-"V-' -liiliiifctfaaTMftinmTr-' YOU CAN HAVE THESE MODERN CONVENIENCES IN YOUR HOME, NO MATTER WHERE YOU LIVE .3 :i.o- -.'fj;. The suburban or rural resident need no longer forego the conveniences of modern water supply appliances simply because he lives beyond .the limits of the city water mains. Have your own Leader Water System and you have water Bervice better than that furnished the city man. You have all the water you want under a pressure that is unfailing. A Leader Water -System generally consists of a Leader Pressed Steel Pneumatic Tank, a simple Stover Gasoline Engine and a Myers Pump of suitable size. If you live on the electric lines you can use an electric motor and have an entirely automatic system. We have a book, called "The Ques tion of Water," which explains the system thoroughly. Ask for it. - STOVER ENGINES MYERS PUMPS VEHICLES IMPLEMENTS SEE US ABOUT THIS MATTER We can Install a system in your n ome at a reasonable cost SATISFACTION GUARANTEED POLICE TUB KEPT Rushlight to Keep Record of Everyone on Force. COURT ALSO UNDER EYE Mayor . Decides to Watch Peace Guards Dally to Be Able to Oust Laggards and Reward Best Patrolmen." Mayor Rushlight has formulated what Is regarded as the most novel system for checking the work of police men ever devised in Portland. He will receive daily a complete transcript pf all arrests, supplemented by daily re ports from the sergeants in cnarge 01 the various districts as to the actions of the men under their command. k The Mayor will also have laid be fore him a dally transcript of the cases of the Municipal uouri. tia win men be able to trace the arrests by pa trolmen on the beats throughout the city up to the court, and to check them for results. It Is the purpose of the Mayor to decide for himseir wnat Kina or ser vice each policeman In the city ser vice is doing-. . Workers to Be Picked. "I propose to note what the police are doing," said the Mayor yesterday, whether they are arresting citizens and taxpayers for trlval offenses or whether they are arresting- viciouo Khuiirttn for serious offenses. I want m trace the arrests and see when a case gets into tne Municipal tuurt whether the policeman making the ar rest supplies tne eviaence 10 oDiain ennviction. When I make up my mind that a particular policeman is making good where ne is, i will aeep mm there, but when I find that a policeman la not making good, I will have him chana-ed to other work It la largely the fact that the Mayor ) rlvlna- such close personal attention to the work of the police force that Is unique. He Is going to try and keep tab on every member of the de partment, he says, with a view to se lecting the efficient and faithful onea and giving them the best there ia to be had in the way of promotion and reward for duty well done and of com pelling the laggards and the incom petents to "make good" or get put. Laggards to Suffer. r "It I find, after Checking the force, that certain men are sleepy and don't work hard," said the Mayor, "I will find a place for them where they will not have a chance to sleep. I will put them on a crossing, for example; there Is not much chance to sleep there. I don't Intend to have shiftless, Incompetent policemen on the force, and, when I finish this job, I venture to say that the city will have a mighty different police force." The Mayor remarked, also, that the police force Is doing better work now than It did some time ago; that con ditions are improving. He also com plimented the work of Acting Chief Elover. Train Time Is Cut. Effective at midnight last night, the Great Northern inaugurated a modified schedule in the operation of its trains v:-r-s.c;: Si-i- r- -A ' -SEC5E2?. V'i--' Ell LSADSW V I I I 1 3 JL - I! Hi ass fWMW rn TXtm. 1 V I I J I mM0r0: THEY DEPEND UPON A RELIABLE mf' SUPPLY OF WATER UNDER PRESSURE SUCH A3 IS FURNISHED BY between this city and Seattle by whloh 20 minutes la clipped from the running time of Its International Limited be tween the two cities. This train will continue to leave Portland at 10 A. M., but It will arrive In Seattle at 4 P. M., Instead of 4:20 P. M., as formerly. Arriving In Portland, this train, which leaves Seattle at 3:45 P. M., will ar rive at 9:45, instead of 9:50 P. M. The Shore Ltno Express, which formerly departed from this city at 10:30 P. M., will hereafter leave at 12:16 A. M., ar riving in Seattle at 7:30 A. M. Traffic Order Interpreted. Authority of policemen to divert traffic to parallel streets. Is discretion ary and conditioned upon the necessi ties of the particular case, according to a ruling in Municipal Court yester dear. A. L. Fish appeared as defendant, accused of refusing to turn out on East Burnstde street when ordered to do so. He asserted that there was no congestion at the time and the order was unnecessary. He was dismissed. Water Hurled, Suit Filed. For throwing a bucket of water upon Ben Laznlk. ruining his clothes and giving him a cold in the head, H. A. Kline is asked to pay $250. Laznlk Itemizes his claim as being 110 for the cold, $20 for the suit and the remaln- j ' "38 -SIX" . The Peerless 38 horse power, six-cylinder motor has the snap and flexibility that a fully satisfactory roadster engine must possess. The Peerless control system is extremely simple, and operation of this roadster is always a pleasure, whether in city traffic or country touring. The low lines of the body are of pleasing appearance, and the appointments for convenienoe and com fort are complete. - - The "38-Six'r is also built as a Coupe with inside drive and as a Limousine ; or with Touring or Torpedo body. This model, , the "48-Six," the " 60-Six," the " 40-Four " and the distinctive fore-door bodies are described in our new Peerless catalog. The steering column of the Peerless is irreversible; it cannot be swerved out of its course by ordinary road obstacles and shocks are not transmitted to the rim of the steering wheel. This is but one of the features in the ' Peerless construction that make for comfort and for safety. You are invited to visit our Salesroom H. L. Keats Auto Co. 7th and Bumside Streets A ' Phones: Pacific E. 2177 Home B 6121 EAST MORRISON and SECOND STS. lng $220 as salve to his wounded feel ings. He filed suit upon those terms in Justice Court yesterday. He alleges that the offense was committeed at Third and Taylor streets on August 11. SCANDINAVIAN DAY , At the Centennial, August 29. On Monday, August 28th, the famous Luther College Scandinavian Band will go to Astoria, via the steamer T. J. Potter, leaving Ash-street dock at 8 A. M. A special fare of $1 to Astoria has been made by the O.-W. R. & N. For those who are unable to go via the Potter, the Harvest Queen and Hassalo will leave Ash-street dock at 8 P. M. Monday, arriving In Astoria at 7 A. M-. Tuesday, In time for all the exercises. For reservations, etc., call at City Ticket Office, Third and Washington streets. C. E. S. Wood to Speak. Colonel C. E. S. Wood will deliver a short address tonight at S o'clock, In Ringler's. Hall. Second and Morrison streets. Questions and five-minute speeches will be allowed after the ad dress. Ringler's Hall is the regular meeting place of branch four of the Socialist party of Portland, each Sun day evening.