The Sunday Oregonian., September 28, 1913, Page 5, Image 5

THE SUXDAY OREGOJflAJf, PORTLAND, SEPTEMBER 28, 1913.
WEST THINKS PLOT
IE TO JAIL
1
Executive Says He Is Game
Loser, but Asks Loss Back.
Board Gives It.
DEFICIENCIES ARE CREATED
Treasurer Kay Tells Emergency
Board Expenditures Made W ith
out "Warrant of law He
Opposes Reimbursement.
Continad From First Page.)
nut men. I have griven the best that
was In me In the service of the people,
and since I have been In here I have
had opportunities to be a rich man. but
I am a poor man. I have had appeals
nr heln from out In the state, and I
have granted them when I had to stand
off my grocerrroan. But I am a grood
loser. I was a good one when I bet on
horse races and I am still.
"I don't know when you talk a.bout
oeanut individuals." said Mr. Malarkey,
addressing the Governor, "whether you
mean members of this board."
r did not mean you." was the re-
Joinder.
lKBoraBce Is Made Plea
rtovernor West admitted that when
he first began spending money in bis
Prosecution work after the appropria
tion was exhausted he was under the
Impression that he had a right to ao .
Ke later learned that there was a ques
tion, and arranged to supply the money
himself until he could be reimbursed.
Records produced showed that in 1911
and 1912 the Governor got along with
aa appropriation of 11000 for his moral
crusades and it was asked why he
wanted more money now". Mr. "West ex
plained that the work had been ex
tended. He said that he had gone fur
ther than other Governors and kept
itemized vouchers because he expected
to be harrassed and wanted to be ready.
He said he took the receipts and paid
" the vouchers himself.
Heavy Fines Are Cited.
The Governor then explained that he
had paid a man named Ellerman, of
Washington County, flOO as a reward
for detective work in finding bootleg
gers. He said that recently in Bilver
ton 1800 had been collected in fines as
a result of the special agent work. He
cited other Instances of large fines be
ing collected as a result of the work
of his special agents.
He called Mrs. Barbour, of Hillsboro,
wife of a minister, one of his agents, to
testify. She said there was no question
that the work done by the special
agents had been of great benefit to the
state. Mrs. Barbour declared she had
not received a cent for her services,
was not looking for any remuneration
and would continue the work Just the
same. Strange to sav. she said, her hus
band happened to be a minister who
had a fortune. She declared the assist
ance of the Governor's office was neces
sary, for in almost every place in which
she had worked the Sheriffs and other
authorities did not have sufficient
funds with which to prosecute the
work.
Eastern Oregon Scene of Action.
In answer to a question by Mr. Mc-
Arthur, Governor West said that since
the first of the year most of the work
had been carried on in Eastern Oregon
in Wheeler, Wasco, Sherman, Lma
tilla and Baker Counties.
The Governor explained that recently
he received requests from two Sheriffs
in Eastern Oregon asking for assist
ance. He read the letters, but declined
to give the names of the Sheriffs, de
daring it would be of disadvantage to
them if their names became public. The
Sheriffs complained that they were not
able to get the evidence desired. Gov
trnor West said he had trouble in
Wheeler County in getting the author!
ties to take interest in the work. There
were many unlicensed pharmacists
operating there for the sole purpose of
bootlegging.
"We know they were bootleggers."
continued the Governor, dramatically,
"for we have the goods on them. Tou
know what he did in The Dalles. All
the houses of ill-repute along the rail
road track were cleaned out. Up to
date I have paid four or five special
agents there personally."
MeArthnr Question West.
"Would what you are asking for be
compensation for you?" asked Mr. Mc
Arthur. "The resolution explains for Itself,"
retorted the Governor. "If murder
were committed and that money were
available I would offer a reward for
the capture of the guilty person. I
cannot recommend any rewards any
more. The creation of the board did
away with that. Before,, I could offer
a reward and go to the next Legisla
ture and ask for an appropriation to
meet it. but not now. 1 have been told
of a case where a man was paid to
come into this state and shoot another
man. The man was murdered. The
slayer went back to the other state
and was paid. I have enough informa
tion to believe that my informants have
told the truth, and yet I cannot offer a
reward for the capture of the man."
"What condition has arisen." asked
Mr. Malarkey. "that makes it neces
sary for you to have J6000 for 1913 and
1914. when in 1910 and 1911 you hid
only J1000?"
Vice Crusade Expands.
"Xone of this work of law enforce
ment, like this, was ever carried on be
fore," replied the Governor. "If you
think it not advisable to offer re
wards" Mr. Malarkey explained that the im
mediate occasion for the special
apenta bill passed in 1905 was the kill
in? of cattle in Southeastern Oregon.
He ld he saw nothing about rewards
In t!-nt law. The Governor said tome
thiuar about not offering rewards in or
der "to keep out of Jail."
"I Con't think you are going to Jail."
retorted Mr. Malarkey.
"If certain gentlemen could have got
the papers I had in my pocket they
would nave had a certain District At
torney try to send me to JaiL Before
lie expenses occurred I happened to
look into the law, having been of the
c Inlon tfcot I could go on using the
money at first. "
"As far as I am concerned I have
. ijcv.t -ieard anything about your going
t-.- Jail." rejoined Mr. Malarkey. "You
keep talking about going to JaiL"
Olcott Conies to Defense.
"Perhaps you would know something
of this, Mr. Malarkey," interjected Sec
retary of State Olcott, "if certain things
that transpired were in your 'posses
sion. I guess it was not anybody's fault
it did not happen."
"X could not Incur any expense and
take vouchers for fear of prosecution,"
explained the Governor. "You will ad
mit the Legislature could not pass an
act to prevent my seeing that the laws
are enforced, but it can appoint an
Emergency Board to assist me. When
the question first came up it looked to
me as if the emergency question only
applied to state institutions, but I was
advised one way and another and final
ly became convinced that it might ap
ply to the special agent law. I know
that inquiries were made at banks to
try to find some of the vouchers which
It is supposed were Issued after the
fund became exhausted. We kept them
all here. They can't Jump us up.
Malarkey Approves Policy.
Mr. Malarkey explained that he knew
nnthintr of the proposition untu n
came to the meeting. He said he want
d to act conscientiously, but did no
think the Governor could constitute
himself a Judge. District Attorney and
Sheriff to go to any county for minor
work. The speaker thought Mr. West
could prosecute the worn wnen emer
c-encies arose.
"I heartily approve the policy oi the
Oovernor continued Mr. Malarkey, in
fretting away from the lethargy of th
past. I believe there should be a power
to get back at officials who do not do
FCXERAL OF FORMER CHIEF
JUSTICE OF OHIO TO BE
HELD TODAY.
rv nr.---.
if :
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Selwya 8. Owen.
The funeral of Judge Selwyn S.
Owen, who died in Portland Fri
day night, will be at 8:30 P. M.
today. Services will be held at
Flnley's chapel. Dr. Luther R.
Dyott, pastor of the First Con
gregational Church, will officiate.
Interment will be at the Crema
torium. Judge Owen was at one
time Chief Justice of the Supreme
Court of Ohio. He was 77 years
old. He is survived by his wife
and a daughter, Mrs. F. S. Belch
er, 1127 Franklin street.
their duties. In certain instances,
owing to his prestige, the Governor can
do good work, but it is true grand
jurors are fairly honest men. I don t
think, the Governor should take up
minor cases of law violations."
Tom Kay. one of the special agents.
explained that 26 indictments had been
obtained in Baker County, most of them
on charges of bootlegging. It developed
that there had been no indictments tor
sT.imblin jr.
Mr. Malarkey approved the investi
gation of liquor violations by the Gov
ernor outside of cities, but insisted that
there was no necessity for him going
to a city like Portland, where the local
authorities could take care of them
selves.
Kay Draws Most Fay.
Til back up tho Governor in the
work of prosecuting offenders of the
liquor laws outside the cities as long
as I can," continuea tne t-resiaeni ox
the Senate. "In that Eastern country
you find them selling stuff to boys
and you must have some way to get
at them.
Special Agent Kay said that in
Wheeler County ltauor had been sold
to bovs and many had been ruinea
as a result.
The Governor explained that Kay
was the highest priced special agent.
his salary being $100 a month. In an
swer to Mr. Malarkey. he said that none
of the money advanced by him had
been used in the investigation of the
deportation of L W. W-s from Wheeler
Countv.
Mr. Malarkey said he did not favor
offering rewards except for the per
sons who committed grave crimes. He
said thev often resulted in "frameups.
Treasurer Kay suggested that a de
ficiency of $5000 be created for reward
money. Senator Perkins oojectea, ae
daring that the board, when emergency
arose, could meet and create a de
ficiency. Mr. West said he wanted to
offer rewards immediately, mention
ing the Hill murder and the man who.
he said, was hired to come into inia
state and kill another man.
Threat of Sheriff Told.
Mr. McArthur questioned the author
ity of the board to provide a reward
fund. Senator Perkins said if hethad
known when the bill was offered that
the board was emDOwered to make ap
propriations he would have opposed it.
Mr. West told' of the case or tne
Wheeler County Sheriff who brought a
bov to the Reform benooi nere ana
while on the way plied the boy with
whisky. The case was referred to the
local grand Jury and nothing more had
been heard of it- The Governor saia
he had learned the Sheriff went oacK
home and told his friends that the rea
son nothing was done to him here was
because he "had something on me gov
ernor and naa toia me uuieiui
would make it public ir ne was pros
ecuted or dismissed from office.
"The Governor should De in a posi
tion to offer rewards," said Mr. Ma-
lnrkov "i want to relieve him of
the dilemma. I move a deficiency, not
to exceed $5000, for rewards in felony
cases. That to cover two years. I
don't want it to cover small matters,
though."
West's Motion Is Lost.
Governor West offered an amend
ment so the reward would cover liquor
cases. Mr. Malarkey refused to ac
cept the amendment, declaring that the
special agents could taxe care oi
these cases. The Governor's amend
ment was lost, only himself and Sec
tin of State Olcott voting for it.
The original motion was carried, only
Senator Perkins ana representative
Abbott voting against it. Mr Abbott,
In explaining his vote, declared that
he favored offering rewards, but the
Emergency Board should wait until an
emergency existed. Senator Perkins
gave the same reason, adding that the
Board had no right to legislate.
Treasurer Kay moved that the de
ficiency for the special agent work be
placed at $1000. . The Governor had
asked for $2500. Mr. Malarkey sec
onded the motion, announcing if It
were shown that more money were
needed the Board could meet and create
another deficiency.
Malarkey to Examine Record.
I am going to look over this record,"
declared the President of the Senate.
I think the work could be done for
some time for $1000. I am not saying
that a a future meeting I will not advo
cate giving more."
The Governor said $1000 would carry
on the worn lor two ana one-nan
months at the present rate of prosecu
tions. He said he hoped the expense
would be lowered eventually when the
people found out they could not violate
the laws.
Since the appropriation was made,"
continued the Governor, "I have taken
care of $420 a month and probably
twice that amount has been taken care
of by local communities. To give us
Just $1000 would mean that I would
have to cut out all the agents but Tom
Kay. In the past two months I have
taken care of an investigation of fraud
ulent signatures on the petition to refer
the workmen compensation act.
am out $250 on that."
Board Compromises on ftlBOOt
Finally $1500 was agreed on as
compromise for the deficiency for the
SDeclal-agent fund. Senator Perkins
and Representative Abbott wers th.
only members voting against the mo
tlon, both explaining that they thought
S1000 would be enough.
"Ordinarily I am in favor of criminal
affairs being taken care of by the lo
cal authorities, declared Mr. MoAr
thur. "What are they elected forf It
Is unfortunate that some of them do
not do their duty. Laws ware passed
at the last, session empowering th
Governor to remove them. Thers also
is the recall remedy, but the people do
not seem to use It. It is appuront that
the only way to reach some not doing
their duty is through this office. The
Legislature appropriated $1000 for the
work and created this emergency
board. It is not for me to say I favor
the Governor's policies, but I favor
law enforcement. In view of the fact
that it has been shown there is an
emergency, I voted for the deficiency.'
Governor. "Stock." Won't "Holler."
At this point the Governor said he
had made personal expenditures since
June, that the work might be carried
on to the extent of $1500. He said. In
part:
"I started out with the belief that I
had the constitutional authority to car
ry on this work arter the fund was
exhausted, but later became doubtful
about it That is the reason parties
looking up my work did not find any
vouchers. I am stuck personally for
this money. I will not holler if I do
not get the money."
"It would be contrary to law to give
you this money, said Mr. Kay.
"The emergency law says no money
can be paid after an appropriation has
been exhausted," observed Mr.
Arthur. "I think the time to have
settled this was when the money ran
out."
Treasurer Kay insisted, if the Gov
ernor were reimbursed, it would be
equivalent to creating a deficiency in
violation of the law. He said. If it
were done, superintendents of state In
stltutions would have the same right
to spend money not appropriated for
the maintenance of the Institutions and
then ask the board to create a defi
ciency to reimburse them.
Senator Perkins moved that a de
flclency be declared to reimburse the
Governor.
West Denies Breach of Law.
"This Board will be liable if it pays
it" declared Treasurer Kay.
"It cannot legally pay it" Mr. Mc
Arthur agreed.
he Governor suggested that the
Board recommend to the Legislature
that it make an appropriation to relm
burse him. Mr. Malarkey insisted that
the Board should have been called to
pass upon the question when the ap
propriation was exhausted.
The Governor at tne beginning oi
the meeting told us ,there wa no lia
bility against the state, saia ureas
urer Key.
The Governor declared that the law
had not been violated by him.
If you paid it and it was a de
flclency. you violated the law," retort
ed Trnasurer Kay.
I can say that I spent money for
the state in good faith," was the reply.
Kay Insists Expenditure Illegal.
"We should not authorize the pay
ment of moneyjllegally spent." insisted
Treasurer Kay.
Mr. Malarkey said: "Governor west
thought at the start he was doing what
was right The work has been of
philanthropic character. Mr. Kay fears
precedent but there is plenty of room
to draw a distinction Between tne men
at the state institutions and the Gov
ernor."
"I am not going to ask the Legisla
ture to reimburse money," said Treas
urer Kay, "that was spent in violation
of the law. '
A suggestion that the matter be re
ferred to the next Legislature was ob
jected to by the Governor, who said he
could do that himself.
At the suggestion of Mr. Malarkey,
It was decided that the motion to pay
the money lie on the table until next
Thursday, when the Board will meet
again to consider it
Governor West promised to furnish
each member with an itemized state
ment of expenditures.
. Gas Franchise Considered.
A deficiency for the investigation by
the Governor of the Portland gas
franchises was the first question con
sidered, Mr. Malarkey favoring the
proposition. He said it was a similar
proposition to that of the Jefferson-
street levee investigation, and that the
latter had resulted in great benefit to
the people.
Mr. Kay argued that Inasmuch as the
Legislature had not made an appropria
tion for the Investigation the Board
could not create a deficiency. He de
clared the proposition was purely a
local one and the money to be used in
the investigation should be provided
by Portland.
I am satisfied the Legislature never
Intended to make an appropriation for
this purpose.' continued Mr. Kay. "If
suit is Instituted it should be by the
Attorney-General or the District At
torney of Multnomah County."
This gas proposition bobs up at every
session or tne Legislature, declared Mr.
McArthur. "I believe with Mr. Malar
key that something should be done to
put an end to It The constant turmoil
over the question is driving capital out
of the city. If there is any possible way
to settle it now it ought to be done. I
would like to see it brought to a close
so as to end the introduction In the
Legislature of bills for purely political
ffect"
West Points to His "Duty.
I have a duty to perform in this mat
ter," said Governor West The Legis
lature has directed me to make this ln-
esti gation. and there seems nothing
else for me but to do it
It is well known that bills bearing
on this proposition are repeatedly com
ing up for political effect" declared
Mr. Malarkey. "As I have said, the
levee investigation did a great deal of
good, and the precedent has been estab
lished. I know nothing about these gas
bills, but they are constantly coming
p and something should be done. The
Legislature snouia nave made an ap
proprlatlon for the investigation. It
was an oversight I believe when the
Legislature makes an oversight of this
haracter this board is authorized to
create deficiencies. I am disposed to
brush aside technicalities. The Gover
nor will aocount for every cent of the
money we allow him."
Mr. Kay argued if the precedent were
established there would be no end to
deficiencies of a similar nature. He
insisted that the present was the time
to establish an inflexible rule as to the
authorization of the expenditure of
money.
Mr. Abbott said the investigation was
matter of law and he thought the
Attorney-General and the District At
torney of Multnomah County should
have a hand in it
The Governor will not ask the At
torney-General for any aid," declared
Mr. West. "I will take the money out
of my own pocket first for various reasons."
Money Toted for Gas Probe.
I heartily agree with Mr. Abbott,"
suggested Mr. Malarkey, "that the At
torney-General is the legal adviser of
all state official c S move that we create
deficiency of not to exceed $500 for
the investigation of the gas franchises
by the Governor."
The motion was carried, Messrs. Per
kins and Kay voting in the negative.
A request was read from Superin
tendent Lawson that a deficiency of
$3500 be created for improvements and
repairs at the State Penitentiary, but
Messrs. Kay and Olcott insisted that I
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WMmP Ladies suad Misses
.vi 111. Mj
nU 'H "A ! J
Ej THE LADIES' SFOR
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NOW that the theatrical and social season has
opened and the crisp Fall days have come,
you have before you the pleasant duty of selecting
new apparel.
This store leads in Fashion efficiency the models shown are
those worn now by smartly dressed Parisiennes and New;
Yorkers.
There's a charm in such varied choosing as you find here
there's satisfaction in knowing that you cannot buy a commonplace
style, for there is none in our stocks.
Suits of wool poplins, bed ford cords, eponge, checks, mate'
lasse, duvetyne, imported fabrics almost too new to name, in
plain tailored and dressy models.
"$19.50 to
Coats of marvelous fabrics rich, soft, warm, yet light in weight.
The best coat fashions of Paris, Berlin, Vienna, London and New York
are represented. In general, the coats are in loose, enveloping styles;
three-quarter length coats, seven-eighths and full-length coats. The
great charm, however, lies in the fabrics wool velours, chinchillas, English
mixtures, eponges, corduroys, wool plushes, and many novelty fabrics. To
do them justice, you must see them.
$115 ft $40
E ENTIRE THIRD FLOOR TAKE ELEVATOR
5
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MOIREHSOM STo
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the granting of it would be the usurp
ing of the legislative Junctions, tjoio-
nel Lawson asked traveling expenses
and salaries for parole officers be al
lowed. Both requests were denied.
A miscalculation having been made
as to the cost of the transportation or
patients to the Eastern Oregon insane
Asylum when the appropriation for that
purpose was made at the last session
of the Legislature, the Board author
ized a deficiency of 3000.
Heating PJsnt to De Repaired.
After considerable discussion the
Board authorized a deficiency of not to
exceed 3000 for repairing the heating
plant at the Tubercular Hospital. Mr.
Kay explained that the plant installed
during the administration of a special
board had proved a virtual failure. Mr.
Malarkey, although voting for the de
ficiency, explained that the Board must
be careful how it established prece
dents. Mr. Kay explained that there
was $5500 available to run the institu
tion for the remainder of the year, but
that none of this money could be used
for repairing the heating plant, because
it would Just about meet other ex
penses. Mr. Malarkey said it was a
question as to Just how far the Board
should look ahead for emergencies for
the creation of deficiencies. It was
shown, however, that the improvement
was a necessity to properly care for
the patients.
A deficiency not to exceed $900 was
authorized for the reconstruction of a
building damaged by fire at the Uni
versity of Oregon, September 24, last.
PIOHEEB AT OLD HOME
PORTLAXD MAX WALLOWA'S
FIRST HOMESTEADER.
James C. Hutchinson Passing Few
Days Xear Enterprise and Xear
Home of Early Days.
ENTERPRISE, Or., Sept. 27. (Spe
cial.) The youthfulnes8 of Wallowa
County was brought home to present
residents by the visit here during the
last week of the man who took ' up
the first homestead within its borders.
This is James C. Hutchinson, now a res
ident of Portland.
He came to the Wallowa Valley, then
part of Union County, October 19. 1872.
A few squatters were here Then, but
not a foot of Government land had
been patented. Not a white woman
lived in the country. Mr. Hutchinson
filed on a ISO-acre homestead on
Prairie Creek. It is now known as the
David Dlggins place.
Reference to the records at the
Courthouse, where the entry of Mr.
Hutchinson's patent is the first item in
which the United States is grantor,
shows that the instrument was dated
August 30, 1875, and was filed for rec
ord December 8, 1875. Mr. Hutchinson
had served nearly three years in the
Union Army In the Civil War, and the
period ofj residence on his homestead
was reduced that much.
The second deed from the Govern
ment recorded was issued to John H.
StepWealt, the third to James A Tully,
the fourth to Addison L Tully and
the fifth to James A. Tully.
Mr. Hutchinson h'ad not been here
for three years when he' came In a
fewvdays ago. He visited In Joseph
and passed several days as the guest
of W. C. Eads. of Alder Slope. Air.
Eads' grandfather and Mr. Hutchin
son's father were cousins.
the finals of the Irvlngton Club wom
en's championship by defeating Mrs. V.
T. Nortliup. Mrs. Northup took the first
set. 12-10, but Miss Fording took the
last two, 7-5. 6-2.
Miss Fording "Wins Championship.
Miss Stella Fording yesterday won
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SAM KATZ, Suite A 330.
135 Michigan Ave. i hicaeo, 11U
1