OREGOXIAN, PORTLAND. JANUARY 38, 1913. -
SUNDAY
PARKINSON FILES .
BRIEF IN APPEAL
FOR
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III ii
University of Oregon Referen
dum Decision Attacked
From Many Angles.
TIME OF ACTION IS ISSUE
Contention Made That Delay in Fil
. Ins Knit Abrogated Right of
; Plaintiff Pica Made to Re
store Names Not Fraudulent.
SALEM. Or, Jan. 17. (Special.)
Th. brief of H. J. Parklson In appeal
" to the Supremo Court from the decision
of Judge Galloway, of the Marlon Coun
."ty Circuit Court. Invalidating the ref
erendum petition directed against the
University of Oreicon appropriations,
.cu filed here today. In tt the testi
mony of the detectives called by 8. H.
' Friendly, reapondent. to glv. evidence
.relative to alleged fraudulent and ficti
tious signatures Is attacked as hearsay,
and the capacity of Friendly to bring
the suit Is questioned, a point which
was raised on demurrer and overruled.
The Issues raised on appeal are:
Whether plaintiff had capacity to
bring the suit.
Whether the action of the Secretary
of tate In tiling a petition Is final or
whether It can be questioned for fraud
committed by persons who circulated
the petition or by any person other
than the Secretary of Slate, he having
no knowledge thereof.
Ttaee of Salt Qsjeatlaaed.
Whether there is any authority of
law to authorise a suit to be brought
against the Secretary of State rela
tlve to any Initiative or referendum
petition, unless brought within ten
days from the time the Secretary of
State files or refuses to file the peti
tion. Whether, where a petition la Bled
in sections and Is attacked as fraudu
lent, fraud on the part of a clroulator
' of one section will vitiate any other
section of the petition, wltn which he
had nothing to do. and tha fraudulent
part is easily capable of segregation.
Whether fraud committed by signers
of the petition appearing on any sec
tion will vitiate all that section when
circulator Is not connected In any way
with the fraud or the illegal signa
tures. Whether fraud by seven circulators,
conspiring together, whose work Is
completely segregated and eliminated
from the petition, will render fraudu
lent and invalidate the remainder.
Fersa of Petlftoa laaae.
Whether the form of the petition
must be printed at the top of every
sheet in a book or section where they
are bound togetr In being circulated
snd the petition Is printed on the top
of the first sheet.
Whether informality In filing., peti
tion, where there Is no charge or proof
of fraud. Is reviewable by the courts.
Under the head of -Farts Proven"
the appellant's brief contends that 4S
la the total number of bona fide algna
tures on the petition which are not
Impeached by any evidence of fraud
tr wrong'lolnc The number required
to refer Is (US and ll.l was the
number filed. The 9S4S are accounted
for as foHows:
In finding of fact No. the lower
court decided that all the petitions
and signatures from Lane. LlnnPolk.
Marlon. Benton. Tamhtll and Clack
mas counties were without taint of
fraud. The number was JIT1. unit
t.trked Multnomah County slgntures.
HIS: signatures of registered voters
tertlfled to be genuine, after com
parison with registration cards, by
rlepulies in County Clerk Fields' office,
J-S- names which County Clerk Fields"
deputies testified they believe genuine
beeause of Individuality of signatures.
sola.
Vua rirewlatera Attacked.
"In all the records of iJO pages of
testimony there Is not a line Impeach
ing the good faith of any of the cir
culators of the petitions on which
bese I41 names are found." says Mr.
l'arklson. "All the evidence and testi
mony of fraud, conspiracy and want
of good faith against circulators whose
petitions were filed centers on Hsrry
Coler, Harry Goldman. Robert Gold
man. Charles Falk. Joseph Gorham.
Fred Koch and W. H. Reynolds. These
men obtained 1TIS signatures which
were filed and they were all believed
to be genuine signatures at the time
they were filed. There Is no conflict of
testimony on this question.
"Rut all this group of circulators
apparently conspired to fill their peti
tions with fictitious and forged names.
In comparing the work of these cir
culators with the slrnatures of regis
tered voters In the office of the County
Clerk. F. 8. Fields, his expert depu
ties found that the names supplied by
the above circulators were substantial
ly all fictitious or forgeries. For that
reason their work was wholly elim
inated from the petition by the defense
and finally by agreement of counsel for
both parties.
1IS7 Sasaea Isspeaehed.
"The plaintiff by his detectives and
other witnesses attempted to Impeach
117 of the names on the referendum
petition. Of this number 711 were
among the forged or fictitious names
furnished by tha above-named circu
lators, all of whose work Is wholly
eliminated from the petit ten. Of the
$56 remaining names Impeached by the
plaintiffs detectives and witnesses
77 are declared to be genuine signa
tures by County Clerk Fields' expert
deputies on comparing them with the
original signatures of the voters on
the registration cards in the County
tnerk's office. Of the remaining 171
the same expert deputies testified that
In their opinion 241 are genuine be
cause of Individuality In the writing.
This leaves only IS signatures out of
S4S which the testimony of the de
fense does not prove to be good. This
Is about one-third of 1 per cent of
the bona fl1e signatures.
"Of .10 alleged signers of petitions
celled to prove their names forged. 11
were on sections of the petition ob
tained and certified by the Ooldmans,
Coler and other foriters. whose S7S
nsmes have all been eliminated. Of the
remaining 13 seven testified that their
signatures were genuine."
Finding Attacked.
Mr. Psrklsnn next devotes his atten
tion to the action of Judge Galloway
In throwing out 510S names, contained
In 7 sections of the petition because
the form of petition was not printed
on each signature sheet but merely on
the first of a number of sheets stapled
together This was Judge Galloway's
fiiwilng No. .
S; of these sections by seven clr.
culators. containing 68 signatures,
were eliminated from conslderstlon by
mutual consent of parties. The re
maining 67 sections contain 4525 signa
tures' Mr. Tarklson says. "Of these,
the first sheet of signatures Is perma
nently fastened to. and directly facing
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the petition and eopr of the- bill;
hence literally compiles with section X.
of chapter 12. law. of 17. providing
that referendum petitions shall be at
tached to copies of the measure; also
substantially and practically complying
with the form provided lo section , 1 of
said chapter. The bill and peUtlon
precede the lnatoras and ar. ir
ly fastened to the .am. sheet. The
form is declared In aald chapter to be
not mandatory, henc. U drlsory only;
and therefor, th. sKrnatares on ssild
first pace, most be counted .Ten tinder
plaintiff", construction of the law.
fraud belna not fonnd aa-alnst th.
MM.
Em(k IWssala. He Cmteada.
Th. attonvey roes oa to cite the flnd
ln of Judge Calloway to the effect that
litis signatures were filed In, all and.
continuing, seeks to pror. that, eyea
eUlmlnatlns; all alnaturea
which prima facl. eyldenoa of fraud
waa shown, which was 7I1. with th.
exception of 17S. with respect to. which
tbe prima fad. enrldence 1. held to be
overcome. thre are still enough sig
nature, to permit of the bills being re
ferred. Mr. Tarklson figure. It as fol
lows: ' .
Deducting 1001. the difference be
tween 78t and 17IS. from ll.tlS. the to
tal number A ted. leaves MIS genuine
signatures: to this add th. 111S nrst
page signatures on the s7 sheet, al
ready referred to and th. total Is 727.
whereas only 1S5 wero needed to In
sure th. referendum being placed on
the ballot.
The testimony of Mayor Abrams, of
Cottage Oroya, Is quoted to show that
he did not tell John Spray, of this city,
a witness preceding him. that Mr.
I-arklson had filed 00 signature,
known to be fictitious and forged. This
Is part of the attack on hearsay evi
dence which extends to the testimony
of tha Burns detectives. Th. defense
contended during the trial of the case
before Judge Galloway that the persona
to whom the Burns agents talked In
obtaining Information should have been
subpenaed themselves.
Ceeretea la Cssrgei.
The testimony of Harry Coler. Simon
Sandrosky and Charles Matthews, cir
culators, on cross-examination by Attorney-General
Crawford. Is quoted In
support of the contention of the de
fense that confessions wer. obtained
by -the Bums detectives through pow
er of arrest .nd by promise of reward.
Coler testified that he was arrested
and Incarcerated In the Multnomah
County Jail and that bis ball was fixed
at 1:500, but that he was released on
his own recognisance after he had
signed a statement. Joe Singer acted
as go-between, he said. Simon San
drosky testified that he waa arrested
and promised Immunity if he would tes
tify as desired by the Burns detectives,
and Charles Matthews aald that he was
promised by the Burns people tliat he
would not have to go to Jail If he made
a statement, and that the statement
was made.
Testimony la also quoted to show
that many names declared forged by
D. W. Ross, a handwriting expert
called by the plaintiff, were those of
registered voters and were paaaed aa
genuine by County Clerk Fields' depu
Uea after comparison of th. signatures
with those on the registration cards.
Among the name, with respect to
which there was such difference of
opinion are those of Harry Voae.
Charles W. Howard. VT. H. Smith. H. O.
Wohr. W. D. Hlckey, Henry Ross. W.
F. Fogle. J. Shapiro. IL J. Blddle and
J. J. Conlln. .
' Isjdlvldaal Case. Cited.
"Circulator W. T. Mende secured E29
signatures." declares Mr. Parklson. "Of
these 32 were registered voters and
genuine. 195 were declared genuine by
Fields' expert, because of Individuality
of writing and eight were doubtful. The
lower court strikes out all of the 629.
"Circulator H. McNerny secured S00
namea. five of which were attacked by
Detective J. G. Hansen. . All were
stricken out. O. IL Fltsgerald. cir
culator, secured 779 signatures. 11 of
which wer. attacked. Three of these
11 are proven registered voters of
Multnomah County. Tha lower court
strikes out the 100 secured In Multno
mah County. None of th. other C79 are
questioned.
"Otto Newman secured S00 signa
tures. 40 of which were attacked by
Detectives F. N. Dan. and C IL Archer.
None of the 40 are proven registered
voters of Multnomah County. Of the
S00 signatures procured by Newman 270
are proved genuine by comparison with
registration cards and 496 are declared
good because of Individuality of hand
writing. Lower court struck out all
the i.00 namea"
Fllsal.atlea Method taealosed.
The attorney goes on to point out
that similar stands were taken by
Judge Galloway with respect to the
signatures secured by other circula
tors as follows:
Roy Noycr secured 33S signatures,
even attacked. 163 registered and 17
others declared good, all stricken out;
J. D. Dirk. 200 signatures, ten at
tacked, (3 registered and 121 others
.-i.. a-ri all atricken out: Charles
ToUofson. SO signatures, nine attacked.
S9 registered and 41 other, declared
good, all .trtcken out: Walter B. Thur
ber. 40 signatures. 8S attacked, 108
registered and 324 others declared good,
all stricken out; J. .M. Hoykas. 214
signatures. 112 registered and 9ythers
declared good, all stricken out; Charles
Matthews. 200 signatures. SC attacked.
66 signatures and 106 others declared
good, all stricken out: W. U Carpen
ter. 400 signatures. 14 attacked. 201
registered and 191 others declared good,
all stricken out: H. W. Marrton. 08
signatures. 17 attacked. 274 registered
and 191 others declared good, all
stricken out; E. J. Rahles, SS3 signa
tures, 31 attacked. 101 registered and
175 others declared good, all stricken
out; W. H. Raymond. 1S signatures,
16 attacked. 119 registered and 190
others declared good, all stricken out.
Detertlwa I'stfr Fire.
Judge Galloway' action in strik
ing out all these slgnaturea waa in
line with his decision that where a
circulator was found to have sworn
falsely as to the genuineness of some
signatures he should be discredited as
to them alL Mr. Parklson. however,
proceeds to attack th. evidence of th.
detectives, quoting a score or more
such extracts aa the following from
the testimony, the first witness ques-
i a v.i. t 7 iTAitnn n. detective
Liuucu wcftuB, - . . -
Q. State If you Investigated the
name of T. J. Sheridan, Grand avenue
j i, m . .tr..t PnrtlAnd?
UU iat.niaw . .
A. Mr. Sheridan Is not known In this
neighborhood.
Petitioner J. T. Sheridan in person
..HA..'
Q. You may examine that (petition
210) ana state wneiner mw o j
signature?
Q. Residence given as Grand avenue
and Clackmas street. Is that correct?
A. Yes sir, that Is correct.
Q. Could anyone with any reason
able effort have located you If they
had Inquired at that place?
A. Yes air.
Work Held to Be Careless.
Mr. Parklson gives several pages
Ot nis Driex m ,
duced by the defense reflecting on the
work or tne aewomw
of the plaintiff.
Testimony Is also quoted showing
that Mr. Parklson eliminated a great
. i . Kphl-k eiiu.
numDer or sigoiiurc. """ "
pec ted to be fraudulent before filing
tne pennon, - --
sectlons of the petition so eliminated
were filed in court In the trial of the
case before Judge Galloway.
The objection that the petition is
not printed on each sheet Is .technical
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o.w? i.nrini- the terms or section a,
chapter 126, laws 1907. providing that
"clerical and technical errors snan i
disregarded." and should not be al
lowed. The . upholding of this conten
tion would validate more than 6000
signatures discarded by Judge Gallo
wov ond make the referendum cer
tain. Mr. Parklson contends that this
question was not raised in the case of
Palmer vs. Benson, 60 Oregon, 227, on
which the plaintiff relies.
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A
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