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.