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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 2, 1913)
1 E EDITOR TO N Colonel Nelson, at 75, Held in Contempt. DIVORCE CRITICISM STINGS Habeas Corpus Writ Averts Actual Incarceration. . EVIDENCE IS RULED OUT Kansas City Jndge "Grimly Deter m'oed' Defendant Shall Be Pun ished and Sentence Is Writ ten in Advance. KANSAS CTTT. Feb. 1. Only the per rfstent efforts of his attorney In the face of obdurate denials by the court saved Colonel William R. Nelson, edi tor and owner of the Kansas City Star, from Immediately being placed in Jail today, after a sentence of one day's lm prisonment pronounced by Judge Gutn rie, of the Jackson County Circuit Court, upon his conviction of contempt of court. The charge was that Mr. Nelson, through his paper, had defamed the court by tho publication of an article raying that the Judge, upon the advice of a divorce lawyer, had allowed at torneys' fees to take precedence over alimony In a divorce suit that was dis missed without being brought to trial. Sheriff Granpa Editor. A hush fell over the packed court room when, upon the court's order. Sheriff Winstanly grasped Mr. Nelson by tho arm and started to lead him to Jail. Mr. Nelson is 75 years old. "I'll not run away," he said, looking at the Sheriff. "Just one moment," thundered Frank P. Walsh, attorney for the defendant. Sheriff Winstanly tugged at his pris oner. Mr. Nelson started to go with him. "Your honor," fairly Bhouted Mr. Walsh, "has the court ever in the an nals of criminal contempt cases heard of a sentenced prisoner being denied the right of a few minutes' consulta tion with counsel before being hustled off the Jail?" Court "Wanhra Ita Hands." "Fulfill the order, Mr. Sheriff," the court said and turning1 to Mr. Walsh, pronounced slowly: "This court is through with the case, I wqph my hands of it. It is In the Sheriffs hands." Mr. Walsh dashed backward and for ward, pleading first with the Sheriff, then with the Judge, that the action contemplated was without precedent. "Is It the intention merely to humili ate my client or am I to be allowed five or ten minutes in which to procure a writ of habeas corpus which even now Is being prepared in the Court of Appeals?" he asked. After ten minutes of argument the court finally relented and granted the time. In a few minutes one of Mr. Walsh's assistants pushed through the crowd with the writ which stayed the execution of the sentence and carried the defendant Immediately to the Kan sas City Court of Appeals, where Judge Johnson made the habeas corpus im mediately effective and released Mr. Nelson on his own recognizance to ap pear for a hearing Wednesday, Febru ary S. Testimony Not Admitted. Judge Guthrie's decision came after the. court's refusal to permit the intro duction of evidence to show that the statement In the article complained of, that a judge had allowed a divorce law yer to decide whether alimony or a lawyer's fee should be allowed, referred Concluded on Page 5.) GDURTWOULDS I jL I V V. V- fcf TWO MEN AND BOAT RESCUED FROM SEA VESSEJj SPRINGS IxEAK AXD DRIFTS OCT 60 MILES. Launch Bunny Damaped as She Hits Tillamook Bar Water Lost and Food Exhausted. ASTORIA. Or.. Feb. 1. (Special.) The steamer Paralso arrived from San Francisco this evening, having In tow the Portland Fish Company's launch Bunny, leaking badly and partially water-logged, with George Thompson and H. Thlerson on board.' The. launch left Bay City four days ago for Portland, and while crossing Tillamook bar waa struck by a huge sea which loosened some of the plank ing, allowing the water to pour in, The engine also went out of commis sion and the craft drifted helplessly to sea. On account of the leak one man was compelled to stand by the pump constantly, but the other rigged a sail from gunnysacks and an effort was made to beat up the coast as the bar was too rough to put back Into TUbv mook Bay. Contrary winds and cur rents drove the launch fully SO miles off shore. The one can of water on board was lost while crossing the bar and with in a short time the small supply of provisions was exhausted. Desperate with hunger and loss cf sleep for four days, the men determined to beach the craft If possible. Accordingly, during last night they headed directly for the shore and picking up a favor able wind arrived about six miles off Tillamook Hock, when they were sighted by the Paralso, which took them In tow. While completely exhausted, the men are uninjured and the launch is not seriously damaged. . FLORIDA FRUIT UNDER BAN California Officials Order Citrus Shipment Out of State. SAN FRANCISCO, Feb. 1. (Special.) Hope which has developed among some of the commission houses that owing to the recent cold weather in Southern California supplies of grape fruit might be drawn from Florida, were badly shattered today by the action of the State Horticultural Com missloner, when a carload of grapefruit was stopped and the owners received the 48-hour notice customary in such cases. This car must be sent out oi the state and the consignees wll ship it North, where there Is no citrus In dustry to be guarded. The fruit waa found to be Infested with the Florida red scale and the purple scale, both of which are strangers to California. This Is the second car of grapefruit to come through from the Florida citrus section. An experimental car was received last week, and being free from insect pests was promptly absorbed by the local market. The Horticultural Commissioners want it understood that this fruit was not stopped because it came from Florida, the quarantine having been raised December 17. but because it car ried Florida fruit pests that are not wanted in California. TEMPLE OF APOLLO BARED Profesjsor Spinozzola Digs Vp Valu able Relics at Cnmae. ROME, Feb. 1. (Special.) Professor Spinazzola. in recently exploring the ruins of Cumae, the habitat of tne earliest Sibyl, and the road leading from the gate of the town to the Acro polis, entirely unearthed a temple of Apollo adorned with Ionic columns and surmounted by a frieze decorated with Apollo adorned with Ionic columns and the discovery and partially recon structed it. An inscription was found which proved it was positively a tem ple dedicated to Apollo. Other finds include fragments of a marble statue of Llvia Augusta. The statue of Apollo has many inscriptions relating to visitors to the oracle. There is an octagonal temple dedicated to an unknown divinity. There are also walls of an ancient city and traces of the ancient town of Sinueses which are now being explored. SOME OF THE PAST ONE-TERM MEASURE NARROWLY ED Margin of. One Vote in Senate Is All. ALL AMENDMENTS DEFEATED Former Presidents Not to Be Exempt From Terms. TURN OF HOUSE IS NEXT If Resolution Mnsters Two-Thirds of Lower Body, It Will Require Three-Fourths of States to Become Law of Land. VOTE ON SINGLE TERM AMEND- .11 l AUU1TEO BI BEX ATE lESTKRDAr. Senators who supported the single term resolution on Its final passage: Democrat Ashurst. Bankhead, Bryan. Chamberlain, Chilton. Clarke, (Arkansas). Flotcher. Gardner, Ultcb cock. Johnson. Johnston (Alabama), Kavanaugh. Kern, New lands. Over man, Owen, Paynter, Percy. Perky, Poraerene. Simmons, Sratth (Ari zona). Smith (Georgia). Smith (Mary land), Swanaon, Thomas, Thornton and Williams. Republicans Brandegee, Broun, Burnham. Burton. Catron, Clark (Wyoming). Cummins, Dillingham, Du Pont, Gamble, Guggenheim. Mo Cumber, Nelson, Penrose, Perkins, Smoot. , Sutherland, Wetmore and Works. Against the resolution: Republicans Borah, Bourne, Brad ley, Brlstow, Curtis, Galllnger, Jack son, Jones, Kenyon, La Follette, Up- . Pitt. Lodge, McLean, Oliver, Page, Richardson, Sanders, Stephenson and Townsend. Progressives Dixon and Polndexter. Democrats Shtvely. WASHINGTON', Feb. L A Constitu tional amendment which would restrict the President of the United States to a single term of six years, and would bar Woodrow Wilson, Theodore Roose velt and William H. Taft from seeking election again, was approved today by the Senate, Dy the narrow majority of one vote. After a three-day fight, in which the Progressives joined with many Repub licans In onDosinsr the restricted Presi dential term, the Senate adopted the original Works resolution by a vote of 47 to 23. Article Two Is Changed. The language which it is proposed to insert in the Constitution In place of the first paragraph of article two is as follows: "The executive power shall be vested In a President of the United States of America. The term of th office of President shall be six years, and no person who has held the office by elec tlon or discharged its powers or duties or acted as President under the Consti tution and laws made in pursuancb thereof, shall be eligible to hold agala the office by election." The resolution proposed for the Con stitutional amendment now goes to the House for its approval. If ratified there by a two-thirds vote it will be submitted to the Legislatures of the states and will become effective when three-fourths of the 48 states of the Union have officially approved it. Attempts at Amendment Kail. The adoption of the resolution came at the close of a three-day fight, in which repeated and unsuccessful at tempts were made to so change 1t that It would not affect ex-Presidents or (Concluded on Page 6.) WEEK'S EVENTS PRESENT HUMOROUS PHASES igfe lr YO.OA V .V- 6je-OtV7MOG INDEX OF TODAY'S NEWS Tb Weather. TEST ER DAT' S Maxim am temperature, 60 degrees; minimum, 86 degrees. TODAY'S Fair; variable winds, mostly northwesterly. Legislature. Good roads measures up to legislature show thre factions at work. Section " 2, page S. Vexing now Is problem as to when vetoed bills go into effect. Section 1. page 8. "Experts" wasting much time of lawmakers, says Ft, to Printer Dunway. Section 1. page 7. Legislative committee Chamber of Com merce scores various bills nojr in Legis lature. Section 1, page 8. Piper wage bill, with favorable report, due in Washington Senate tnw week. Sec tion 1. page 9. Delegation from Vancouver going to Olym pla tomorrow to fight for bridge. Sec tion 1. page 7. Foreign. Speech by Uoyd -George creates sensation In London. Section 1, page 4. Powers hampered by lack of time In efforts to avert renewal of war. Section. 1. PSA 1. XaOonsJ, Pacific Mail official criticises Govern ment's shipping policy. Section 1, page 5. ... Senator Newlands. of Nevada, supports J. X. Teal for Cabinet portrollo. Section 1. page 5. Bourne's position on Taft's nominations sur prise to Chamberlain. Section 1. page 18. One-term measure passes Senate. Section 1, page 1. Commissioner of Corporations sees grave problem in lumber combine. Section J, page 6. Domes! Ic. Court, stung by criticism, orders Editor Nel son, aged 75. to Jail. Section 1, page 1. Miss Vivian Flexner. of Portland, takes testi mony in Federal case at Chicago. Sec - tlon 1, page 2. Jury returns verdict against Bishop Moore for SI damages In libel suit. Section 1. page 2. New Mexico and New Jersey race to pass Income tax. Section 1, page 2 C S. Whltehill arrested near Eureka and Is believed demented. Section 1, page 0. Police Commissioner Creel suspended 5n Denver by Mayor. Section 1, page Gridiron Club holds mock Inaugural. Sec tion 1 page S. Sports. College conference basketball contest tense. Section 2. -page 3. "Prep" stars, of. Oregon to give Eugene coaches big field trom which to choose 3913 football team, section page . Dallas home of National basketball cham pion team. Section 2, page 2. Portland probably will get big coast track meet, section z, page z. Portland Hunt Club to hold paper chase February 22, Section 2, page d. Three Northwestern League clubs to train at home. Section 2, page 3. Bud Anderson praised by ring veterans. Section z, page b. Pitcher H lggln botham picks Beavers as pennant winners, beet ion a, page r. Washington and Lincoln Highs to fight for basketball honors. Section 2, pago . 4. Pacific Northwest. Two men and launch rescued at sea. - Sec tion 1, page L Boise editors convey pennies to bank in dray and pay their lines, beet ion i, page Automobiles and Roads. President of Automobile Club thinks good road law will be passed. section 4, page 4. - Mel Johnson says auto trade Is settling down to substantial basis. section , page C. Portland auto firm establishes branch In Seattle. Section 4, page Real Kstate and Building. Natural grove In Laurel hurst to be made Into park, section 4, page 7. Sullivan Gulch road may be made rapid transit electric line. Section . 4, page 7. Wonderful possibilities of Oregon discussed by Orloff Dodo, section 4, page a. Need of another cross-town streetcar line discussed. Section 4, page 9. Commercial and Marine. Plans formed for distributing Northwestern apples In New York. Section 2, page 17. Chicago wheat lower on denial of crop dam age reports, necuon z. page it.. Movement in Wall street market narrow and irregular. Section 2, page 17. New York bank statement shows cash loss Instead of expected gain, section z, page 17. Hamburg-American Line said to contemplate wharfage outside city, section 1, page 19. Portland and Vicinity. Shriners Initiate class of 74 with elaborate ceremonial. Section 1, page. 12. Foreclosure suit against Northwestern Long Distance Telephone company is started. Section 1. page 12. Mayor Rushlight will marry this morning. Section 1. page 20. Hj Ellers says damage to citrus crop has been exaggerated. Section 3. page 10. Dr. Westbrook, of Minnesota, cays Univer sity of Oregon Medical College has great opportunity. Section 4. page 10. Proposed school bond issue defeated. Section 1, page 1. Sxact status of Harriman lines in North west not known until J. D. Farrell re turns. Section 1, page 10. Bernhardt poses by City Park statue. Sec tion 1, page 14. Ben Selling gets token from China for aid during famine. Section 1, page 15. Women active at State Capitol in behalf of several measures. Section 3, page 13. Report on city water plant' shows vast ex tensions and large earnings. Section 1. page 4. Ground hog due to see his shadow today. Section X, page L j m 108.0 I I . rZ7 POWERS HAMPERED BY LACK OF TIME Europe Desires Peace but Loses Faith. ALLIES PROMISE "SURPRISE'' Intention of Driving Turk From Europe Asserted. FUTURE RESTS WITH ARMS Bulgarian Envoy Says Contest Will Be Short and Sharp Balkan Compact to Be Made Enduring-, It Is Declared. LONDON, Feb. 1. In Turkish and Balkan headquarters the expectation has been Intense the whole day of some move by the powers, either collectively or separately, to avert the threatened war. Russia and Austria, the two na tions most Interested in Near Eastern conditions, and Great Britain, which has peculiar reasons as host of the con ference for wishing; to see It succeed, are looked to particularly for an effort to bridge the narrow gulf which sep arates the" peace terms of the combat ants. Impression of Britain Poor. Although the delegates thanked Eng land In glowing terms for her hospital ity, some of them think she did not give as much assistance as she might have given. They point out that they came a great distance from the Balkan states to London, which In some ways is not adapted to Intercourse between delega tions, only because they trusted that British influence In favor of peace would make Itself strongly felt. The delegates of this mind oppose the Idea of returning to London for the conclu sion of peace. If the war Is renewed. The Ambassadors of the powers mel today and later notified their respective governments that the sense of the meeting was that the Turkish reply to the powers' note afforded a poor basis for resuming peace negotiations. The) suggested bringing this view to the attention of Bulgaria, but any attempt by the powers toward a reconciliatios of the belligerents Is hampered by the fact that only two days remain before the armistice ends. Turks to Renew Declaration. The Turkish delegates have received instructions from their government to renew the declaration to the represent atives of the powers and to the British Foreign Secretary, Sir Edward Grey, that Turkey desires peace and has made great sacrifices to attain this object, as well as to show deference to the powers' wishes, but cannot be expected to accept terms wounding her dignlti and causing Internal disorders. . Rechad Pasha and Nazlm Pasha, speaking to the Ambassadors, added to the foregoing statement such strong ex pressions of their desire for peace and such condemnation of what they called the "ungenerous conduct" of the allies. and the advisability of the belligerents' reaching a compromise, that they gave the impression that tho Ottoman gov ernment perhaps Is ready to make fur ther concessions in the matter of Adrianople. Allies Speak for War. The Balkan plenipotentiaries, speak ing for publication today, reasserted their desire for another campaign which would make them absolute dic tators of peace on their own terms and would satisfy their ambitions to ab sorb European Turkey entirely, which would include Constantinople. M. Dan eff. head of the Bulgarians, said: "We leave England having shown the world that the Balkan union is not a bluff, but a real and important factor (Concluded on Page 2. TO THE VISION OF CARTOONIST REYNOLDS. GROUNDHOGDUETO SEE SHADOW TODAY SCNSIUXE TO CONTINUE, SAYS WEATHEKMAX SEALS. Legend of Six Weeks More of AVlnler Discounted as Penalty for Spring Days Now at Hand. Mount Hood apparently moved a few miles nearer the suburbs of Portland yesterda in the perfect, clear, sun- shin; atmosphere that marked the be ginning of February, and people hung their overcoats on their arms and shed a few years off their ages under the brisk stimulus of what was really a Spring day. While the Saturday afternoon crowd In the business section of the city was as large as ever, it was supplemented with another crowd that strolled all afternoon in the districts further out In the parks and along the bridges over the river; and the pioneers of the boat Ing season raided the boathouses along the riverfront for canoes and skiffs, so that they might get out upon the sur face of the Willamette and enjoy the full beauty of the day. The weather forecaster announced last night that yesterday was not to be merely a lone Incident in the Oregon midwinter, tor today is scheduled to be equally fair and mild, which, if the old legend is true, gives warning that this splash of sunshine Is to be fol lowed by six weeks of real Winter, for February 2 is groundhog day. If the groundhog gets a glimpse of his shadow, says the legend, when he slips out of his hole on "groundhog day" to take a look at the weather, back he goes and stays hidden for six weeks more, and Spring is delayed Jus that long in coming. The announcement of Forecaster Beals seems to Indicate that Oregon Is in for six weeks more of Winter at least, for if today is as fair as yester day was, the groundhog cannot miss seeing his shadow. But in spite of legends and prophecies, the throng of people that was on the streets yester day enjoying the sunshine seemed to think that one such perfect day this early is amply worth the danger of six weeks of Winter. WOMAN'S AGE IS QUESTION Senator Stiller Asked to Introduce Bill Asking Correct Data. STATE CAPITOL, Salem, Or., Feb. 1. (Special.) Senator Miller was ap proached by a woman In the lobby of the Capitol who urged him to in troduce a bill which will make It binding and mandatory upon all women who register to give their correct ages. The woman did not give her name to Mr. Miller. He says he Is opposed to any such bill, but possibly will introduce a bill that women need only take oath, in reg istering, that they are 21 years of age or over to obviate the general feminine shyness in giving their ages. Mr. Miller said he already has a suf ficient number of troubles on his hands to assume the responsibility of intro ducing a bill such as that suggested by the woman who conferred with him, but he Is inclined to fivor the latter Idea as being one which probably would be agreeable to a large' majority of the women electorate of the state. LO WOULD AVOID TAXES Pueblo Tribe Sends Delegation to National Capital. SANTA FE, N. M., Feb. 1. Indians from every Pueblo tribe in New Mexico arrived here today, preparatory to leaving tonight for Washington, where they propose to urge the Secretary of the Interior to accept deeds to ap proximately 600,000 acres of land, owned by them in New Mexico. The object of the Indians in deeding their land to the Government as trustee, for a period of 25 years, is to avoid paying taxes. A recent decision by United States District Judge W. H. Pope that the Indians were citizens, subjects their property to taxation. The delegation Is headed by Francis C. Wilson, special United States At torney for the Pueblos. BOND ISSUE FOR SGtiOOLS REJECTED Vote Cast Heavier Than Was Expected. MAJORITY IS OVERWHELMING Representatives of West Side Are in Minority. OFFICIALS ARE SWAMPED Hush at Polls Makes More Judges and Clerks Necessary to Handle Croud Sewer Assessment Affects Result. "No," was the overwhelming verdict of the voters in the school election yesterday on the proposal to Issue $1. 000.000 bonds to provide in district No. 1 funds for the purchase of school grounds and construction of school buildings. There being 841 votes cast against the bond issue out of 1108, 233 votes favoring It and eight votes defec tive. The vote was more than three times as heavy as the Board of Education had expected and during the three hours the polls were open, the line out side the Board room doubled back Into the hallway, while on the flrst floor, another waiting line beset the single elevator that was making trips ss rapidly as possible, filled to full capacity each lime. Election Officials Increased. It became necessary to select a second and finally a third corps of judges and clerks to handle the rush of voters, but everyone who came had an opportunity to vote and when the polls closed, the "left-overs" in the waiting line were easily attended to within about half an hour. The Board was called upon to cope with a situation which was entirely different from what they had expected, in view of the apparent lack of Interest In the approach of the election and the flgnres of elections of previous years. The West Side was very lightly rep resented In the vote, the heaviest bal lot coming from the Arleta and Lents districts and from' other sections of the East Side. Men were in the majority. School Clerk Thomas estimates that the proportion of votes cast by men and women was about three to one. Re marks among men and women who had come to vote, as they stood in the hall and outside the elevator shaft. In dicated at all times that the sentiment of opposition to the bonds was pre pominant. Other Espenswi Afreet Vote. "The polls close in a few minutes," said one, "you'd better hurry." "I don't care when they close, I'm going to get In and take a whack at that bond issue before I leave," was the reply. One rumor that went about the halls, explanatory of the large turnout of East Side voters, was to the effect that the Stark-street sewer assessment and other expenses that have recently fallen upon those sections, are regarded as "sufficient unto the day" and that the general feeling has been that any move to Issue bonds should be post poned at the present time. The first crops of judges was com posed of G. A. Broale, A. T. Workman an.d G. D. Pollack, with A. W. Schmale and H. E. Wood acting as clerks. Other corps were appointed when the rush became strong, as follows: William Wolfsteln, T. J. Kruder and E. J. God- man, judges, with G. F. Moftltt and (Concluded on Paga 14.) -"Tr-riNi FUTUfiXPffESIDfNTS To SERVE N TERM op SX YJEAres- WS. SENATE JS0i.uTl