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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 3, 1915)
- ----- TITE STTyPAY.OREGOyiAy. PORTLAND. JAyCARY 3, 1915. 17 . FILLING OF SENATE Members to Resist Seating of Rice, Whom West Named to Succeed Neuner. LEGALITY IS QUESTIONED VACANCY OPPOSED legislators Contend That Special Election Is Required Precedent Also Attacked as Dangerous, Permitting Control. Members of the State Senate will re list any effort on the part of Governor West or anyone else to nil the vacancy In that body caused by the recent resig nation of George Neuner. Jr.. of Doug las County. The Governor has appointed Dexter Kice. County Judge of Douglas, to suc ceed Senator Neuner. who resigned to accept the appointment by the Gov ernor as District Attorney In that coun ty to succeed George M. Brown, who becomes Attorney-General tomorrow. After Senator Neuners resignation liad been accepted by the Governor Attorney-General Crawford ruled that nls appointment as County Attorney of Iwuglas County Is Illegal. It is prob able that the Supreme Court will be asked ,to make a final decision in the CThe question of legality has been raised because Mr. Neuner was a mem ker of the Senate at the 1913 session of the Legislature when the County At torney bill was passed. This law provides a county prosecutor for every county of the state. Mr. Brown had been prosecutor in the old Third Dis trict, comprising Douglas, Coos and Curry counties. Under provisions of the new law he remained prosecutor In Douglas County. Appointment I'pbeld by Some. The constitution provides that "no Fenator or Representative shall, dur ing the time for which he may have been elected, be eligible to any office the election to which I" vested lh the legislative Assembly, nor snail he Be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased during such term, but this latter provision shall not be construed to apply to any officer elective by the people." The issue In the Neuner case seems to be on the point whether the office to which he has been appointed was created" by the legislature of which lie was a member. In spito of the Attorney-General's decision, many Portland attorneys con tend that the Governor's appointment of Mr. Neuner is regular and legal. "I believe the Governor's action in appointing Mr. Neuner is regular," said a prominent attorney yesterday. "The way I understand the situation Mr. Brown's office was not a new office. Ho retained his old office, but the urea of his district was reduced by the elimination of Coos and Curry counties. Coast Its t Ion la Quoted. "But had Mr. Neuner been appointed to the office of County Attorney in either Coos or Curry County it Is clear that the appointment would have been m.17.1 Thn constitution forbids a member of the Legislature from ac- w nntn,n.ant nnv nffirA of profit that he, as a member of . the Legislature, aiaea in crnuut. don't think that Senator Neuner aided in creating the office to which he has been appointed." Many members of the Legislature are f the opinion, however, that the ap pointment of Judge Rice to succeed Senator Neuner may not be legal. The constitution provides that all vacancies In the Legislature shall be filled by election. There is not time now to bold a special election In Douglas t'ountv before the Legislature meets. The Governor, therefore, has sought to fill the vacancy by appointment. It Is arparent that -nembers of the Senate In various parts of the state will contest such appointment not on the grounds of objecting to the ap pointee, but on account of the prece dent It establishes. It is pointed out that should the Governor desire, he could appoint a majority of the leg islators to otner oiuces, ooiain win resignations ana name oiner pcrsuui . V- T .. .hi. ..- . t m to succeea mci. , j . ii .w ......... -tfthllnl a Legislature of his own friends and control legislation in w biic Haase Beat Contested. 1 1 i urn uuiviuui -. seated there will be a vacancy in the senate, leaving umy . iwmmi u . i . Another vacancy is threatened In the House througn tne mmwi omt Knsco P. Hurst and C. M. Hurlburt for the seat from tho Multnomah Clackamas joint district. Hurlburt waa regularly elected after .t. ...... minn kv th Ritnubliean or ganization on the allegation that he bad disqualified nimseu lor ine oum by entering Into a corrupt agreement with a constituent. He has not re reived his certificate of election. Meanwhile Hurst Is preparing to file . i.w fc. e-iv Stat n coniMi -wiiii 1 ...... j . The contest probably will go to the committee onregoimmn. STEP IS TERMED ILLEGAL Attorney-General Contends That Governor Oversteps Itlglit- SALEM. Or.. Jan. 2. (Special.) Attorney-General Crawford said today that Governor West could not legally appoint a successor as State Senator to George Neuner. recently appointed District Attorney of Douglas County to eucceed George Brown, the new Attorney-General. Governor West an nounced that he Intended to appoint Dexter Rice, of Roseburg. State Sen ator, but the Attorney-General says a apecial election must be held to fill the vacancy. The Governor gave as his authority ki. ....I ar t m sM-tlon of the , l' 1 . ' w " constitution which provides that the executive snail nil any vacancy iu"j might occur in any state office be tween elections. The Attorney-General, however, calls attention to an other section which provides that the Governor "shall issue writs of elec tion to fill such vacancies as may have occurred in the Legislative Assembly." Mr. Crawford says the object of the provision was to prevent a Governor trom gaining control over a Legisla ture by appointing any of Its members. Hear the Superb New Records of the Victrola, Grafonola and the Marvelous Edison at 'l tffN, F t t Grand Opera fcy the Great est Celebrities. Entertain ment by the Foremost Artists. Music for all the new steps all now to be had for a few dollars In every home. r 5.'rw-r" - -r r -fiI-'""y'Jrt "1 - KllISON'S MASTER ACHIEVEMENT, f- f S i ' feT t JT"1 V " xf "' ,4 & s2! There are Edisons. the new diamond-point indestructible disc f - '.' liTKT & if X & i v$Z ha inrtostniptible cvlinder tvDes. for every purpose I f E, fJlCl f j.s ji -i i 2- "'r-r -- nRW- freB triai i,ian. excellent I i IT I 1 1 $U I &.-iJ Edison, perfect-toned machine, J30.00. and from tMs price up by easy liLl y s ( f 4i . ; - v-a.a Zl . Ai- xr4aA'D olnhnrntA and finest model. DriCCd I4o0. I ? t trrggSSi'y COMBINATION XV-1S. l , Vlswi vf ir"SfbC est selections V?V V f H I I 1 1 ' ' I if Vl , 1 l-TITrr T 111 A beautiful new model table with tone-shutter . 4 -3'r' JF'JI n c luding IS -, I ! ' , ' I 1 f ' , J I S'T1?; - ki device, forty-six finest selections, including such e t Caruso reo- favl , t '( M' I "" 1 " I I I 5! I I 1 t 1 21 the famous quartet from Rigoletto, also liberal s v Tf 'Tii ' v ! ords and other M4-&Sr I i I 1 ' lU ' " I I 1 1 1 1 - " i "pply of needles, oil and oil can. etc embracing A 4-,,,i?:. jSlJ; fY 4 great artist JatS-ljg' M l I i, I NlL'f, , I I I I. " ft also twenty latest dance selections, all for $118, s ? g n U f 118 andplent of I t 1 ' J I ' IS ! J I i I I. V-J I 18 cash and 5 a month. V f 1 lvli5;iSlf -11 good dance fM I U ,( ! ' ( , '1 ' tk34f .-u - hk 0mm ":& I'kjcr ! -1JOBWfr--i l s- f'," 'l?itr?'f.'1 7 a month. fc3 gsJt-.i;- Mii.t A tsa-l tion orrER I (X!Sp H The old favor- ?8fei3 r-Vi lU' .fJiiJL ite $59 offer, S1 Kv-a, V" ilnow embody- "PiMi 3 I S$SSS,, .triple spring If 1 - w 9 fe-S machinetwen- - : M . t S.' ..ssSsfS""' tv-three choice I! fcl COMBINATION OFFER, XV.19. The latest Grafonola. with forty-eight se lections ton 24 records), including favorite songs by world's great tenors, also sixteen dance selections (records may be exchanged for any others desired.) Liberal supply of needles and other acces sories included, all for 124. 19 cash and io a month. COMBINA TION OFFER XV 17. The old favor ite $59 offer, 2SSiss now embody- . inpie s p r " machine twenr ty-three choice selections and all accessories, price only $59; pay $9 cash and $1 a week. At Eilers Music House exchange agreement permitting exchange later and after usage for any other type without loss to the buyer included with this and all other machines. A group of Edison's latest achieve ment, the Diamond Point indestructi ble Edison Phonograph, no needle changing. There are Victors and Victrolas in great variety of styles from $10 to $200 Combination Offer XV. 24 This $200 Victrola, in fancy polished mahog any, or figured oak, with forty-nine (49) latest selections, including the famous Sextet from "Lucia" and other famous numbers, complete with liberal supply of medium, soft and loud-toned needles, oil and oil can, $238 caslr, or $28 cash, and $10 a month. SUMMER PLANS SET City Beautiful Committees Will Meet Tuesday. Orenco Has Community Sins. ORE"CO. Or.. Jan. S. (Special.) An e'd-fahioned community alnir wan hld In the parlors of the Orenco Pre bvtertan Church Thursday. For about an hour and a half the faTorlte old onn were aunR. C. A. Jonee and Mls Ruth Jonea Bang aoloa. Kefrehmenti were eerred and a aoclal hour waa en Joyed. The last half hour before the new year was passed as a watch meet-n-. ,. UNIFORMITY IS KEYNOTE Object Is to Srako Portland's At tractions as Place or Summer Residence Belter Known by Adding (o Xatnral Beauty. The aecond general meeting of the Portland city-beautiful committees will be held Tuesday night at the Commer cial Club, when the committeemen from the different districts will consult with the heads of organization committees relative to the first steps towards making Portland, more than ever, the most beautiful Summer city In the United States. The general plans will be tentative ly formed at that meeting. Uniformity is to be the keynote of the scheme and all the permanent decorations will be part of the general plan. The officials also expect to select an official route, and this official route will be made particularly attractive with parked streets outlined by plants. The city boulevards need attention In the wit of shrubs, and such schemes of beautifying will be discussed. The representatives of different real estate companies having large tracts also will be called Into consultation with a view to making the tracts most attractive. The firemen will be encouraged to fix up their homes In the competition for prizes to be offered. Special awards will be made for window boxes, so that flrehouses on business streets will not be debarred. The general committee also Is plan-nine- an extensive "system of education. K. T. Mische is preparing a set of lec tures under the general heads of roses, ornamental shrubs and flowering plants. Experts In different lines will write articles for publication on how to grow plants and how to make the most effective displays. The question of yards will be left to the individual, and where extraordin ary effort Is needed, either the health department or the police will be. asked to co-operate In the campaign. The committee heads for the general association are: A. E. Doyle, subdivision of city; J. A. Curry, contests: Mrs. Ber tha Taylor Voorhorst. publicity; E. T. Mische, education: Mrs. J. C. Frankel. public works: Mrs. Martin Wagner, schools; Mrs. J. E. Locke, supplies, op erating with the Kose Society. Sweet Pea Society. lalilia Society. Seedsmen's Association and Floral Society. Astoria Has Dry December. .ASTORIA, Or, Jan. 3, (.Special.... December was an exceptionally dry month in Astoria. According to the records in local Weather Observer Gil more's office, the total rainfall was 4.51 inches, or 8.04- inches less than the average for December in previous years. There were 17 clear, three partly cloudy and 11 cloudy days. The high est temperature was 63 and the lowest was 27 degrees. . Rain fell on 15 days during the month. SALOONS GO AND COME Three Bars Close at Newport and Glcnada Gains Three. NEWPORT. Or.. Jan. 2. (Special.) Three saloonkeepers mingled with the New Year's orowd on the streets of Newport yesterday, for the town had been voted dry. and simultaneously three saloonkeepers opened new bars st Glenada, across from Florence at the mouth of the Sluslaw River. The New port men had been voted out of busi ness and the Glenada men had been voted into business on condition that they pay a city license of $2000 in addi tion to Government fees and other charges. Glenada bad Incorporated itself with the intention of havtng saloons, Flor ence, where there are lumber mills, be ing dry. A railroad building near Flor ence also tempted saloonists. iirl W A-.fr . o Unnm.n JTTlVed At nucu ."c ... Glenada he squirmed at-a J2000 license fee in a town oi zuu popumuuu. paid it. Then another arrived and put up J2000, threatening to reduce the business by half. Finally, a third took out a license for his share of the trade, and there are two more on the spot, each watching the result with Intent to start saloons if the three pioneers find it profitable. . Glenada- promised to become Known as the only oasis between Astoria and Coos Bay, but Waldport, 40 miles north of Alsea Bay, having a population of 300, had voted wet and thereby lessened Glenada's assets. i .t.ht ot TtfAwnnrt was tame. The promised celebration did. not take place, most ot tne resiaenie pumn v dance given by the volunteer firemen. PIONEER OF 1851 PASSES Mrs. Marguerite Malone Dies Near McSIinnvllle, Aged 91. M MINNVTLLE. Or., Jan. 2. (Spe cial.) Mrs. Marguerite Malone died December 30. aged 91. Mrs. Malone came to Oregon In 1851 and settled on the donation land claim northeast of i..ui..Hiia Kha wan burled on the same claim beside her husband, Madi son Malone. who was one oi me pany of 00 sturdy pioneers who came to this section of the Oregon country In 1843. Mrs. Malone leaves the following children: Mrs. Virginia Hennagin. of Minnville; Mrs. G. E. Savage. of Port- land: Hovt Malone. rtuey -naiouo uu William Malone. of McMinnville. Junction City Skaters ttn. TTrvTrTu-r pity. Or.. Jan. 2. (Spe cial.) The Junction City rollerskate basketball team defeated Springfield , i.h K9 m 2. R. Mulligan nero .,eu.. was referee and S.'Moorehead -umpire. Sorenson and Hays starrer ior junc- tioa City, . . : HITCH STAYS TRUCE Washington Not Informed of Cause of Disagreement. NEW SETTLEMENT SOUGHT Convention at Mexico City Takes Kecess, With Zapata Element Op posing Villa's Plan to Con tinue Gutierrez in Office. " WASHINGTON, Jan. 2: Difficulties have arisen in the negotiations of Brigadier-General Scott, . chief of staff of the United States Army be tween Generals Mavtorena and Hill, of the Gutierrez and Carranza factions, respectively, for the designation or Naco, Sonora, as a neutral town to avoid firing into American territory. Acting Secretary Lansing, of the State Department, conferred with President Wilson and later with Acting-Secretary Breckenridge, of the War Department, who dispatched further suggestions to General Scott. Enrique C. JUlorente, Washington rep resentative of Gutierrez, also talked at length with Mr. Breckenridge. Mr. Llorente and high officials said they were confident an adjustment would be reached without requiring decisive action by the batteries of artillery recently posted across the line from Naco. The following statement explanatory of the situation was issued -by Secre tary Tumulty, after a conference with the President: "There is a hitch, about the signing of the agreement between Maytorena and Hill, and this Government Is at tempting to adjust the differences. The Government has not been inrormea exactly what the differences are, but is trying to ascertain tnem." Until today it was generally sup posed that both Hill and Maytorena were ready to agree that, the former would abandon Naco and move his forces to Agua Prieta, while Maytorena wa to transfer his men to iNogaies. While the negotiations still have for their object the neutralization of Naco, Mr. Llorente said tonight some other method of reaching the same result was being discussed. The State Department received word today from its agents in Mexico City PROMINENT GRANTS PASS RESIDENTS CELEBRATE GOLDEN WEDDING. " .. ... . ,,,..i;:-:,x::::s:,;.-: ,:.;;v: i- ,, s ' V "li til WIT MR. AVO MRS. C. A. HEATH. GRANTS PASS, Or, Jan. 2. (Special.) New Year s day marked the golden wedding anniversary of Mr. and Mrs. C. A. Heath, promi nent residents of Grants Pass. The event was celebrated by 3 rela tives and friends, who gathered at the old couple s home. Mr and Mrs. Heath were married in Michigan. January 1. 186a, and came West in 1883. settling In Wasco County, in Eastern Oregon They mod to Grants Pass in 1910. Mr. Heath, who is 73 years old was born in Andover County. Michigan, October 6, 1842 Mrs. Heath i Is three years her husband s junior and Is a native of New York State. Before her marriage she was Miss Elizah Rose. ui,,. Five children were born to tHem. only two of whom are living. E. F. Heath and I A. Heath, both of Grants Pass. that the convention had adjourned un til Monday, after a brief session yes terday, when the question of how many delegates were to represent the Zapata army of the south was debated without result. The dispatch added that as there were many absentees, a majority of the members of the original conven tion held at Aguas Calientes would be considered a quorum. General Kobles, vice-president of that convention, pre sided yesterday. Washington officials are greatly In terested in the deliberations of the convention, as it has been convened to select a provisional President for a period of several months,.'Until a gen eral election can be held. It Is under stood from supporters of both Gutierrez and Villa here-that General "Villa and his adherents favor the continuation In office of Eulalio Gutierrez. The Zapata element is opposed to this and the names of General Felipe Angeles and General Jose Isabel Robles, now Min ister of War, are being prominently mentioned. SALEM FIREBUG FAILS CIGARKTTKS O.V MATl ll-UO KS IV OIL-SOAKKI) STORK CIBW. RESTITUTION IS OFFERED HOLDERS OF 20,000 ACRES OF HYDE- BEXSOST LAND TENDER PAYMENT. State Board Reaches No Decision, but as Present Owners Are Innocent. Favorable Action Likely. SALEM, Or., Jan. 2. (Special.) The State Land Board , today considered without reaching a decision, an offer of 83.50 an acre for 20,000 acres of the land which the Hyde-Benson syn dicate is alleged to have obtained through fraudulent entrymen, provided the state will drsmlss the suit filea several months ago for the recovery of the land. The offer was made by a representative of the present owners of the property, who say they paid a fair price foe It and were in no way con nected with the original deal. Further consideration will be given the offer by the Board at its next meeting. The land is located in several coun ties and Is about one-third of .the total which the Hyde-Benson syndicate is alleged to have obtained fraudulently. The fact that the present owners paid a fair price and had nothing to do with the original transaction, it is believed, will result in the offer being accepted. An appropriation was made Dy tne ast Legislature for legal action look ing to the recovery by the state of the Drouprtv. Permission of Federal au thorities to accept the offer made to the Board probably will be necessary. J. Walrath, Retiring, Is Honored. Tn honor of J. Walrath. retiring man ager of the Aldon Candy Company after 10 years in mat position, iwmw em ployes of the concern gave a banquet last night in the Fountain Grill at the Hotel Benson, and presented Mr. Wal rath with a handsome watch fob. Their regard for the guest of honor was ex pressed in a number of speeches. .Mr. Walrath's resignation took effect Janu ary i. J. H. Walker, who has been assistant manager for the past nine years, succeeds Mr. Walrath as man- ( ager. ' Fire Department Cheeks Blase, "Trans" Are Found and Arreat of Proprie tor and Clerk Is Aaked. SALEM. Or., Jan. 2. (Special.) Plana of Incendiaries to burn the shoe store at 263 Commercial street tonight were frustrated by the quick response of the fire department The interior of the st,ore was burning when the de partment arrived, but the flames wore soon extinguished and It was discov ered that virtually the entire store hmf been soaked with kerosene. On varl -ous shelves were boxes of matches with cigarette stumps upon them. The matches in one of tho hoxps evidently became ignited and started the blaxe. Chief of Police Welsh ald that M. Silver, proprietor, and Klden Irvine, clerk. left for Portland on the Oregon Electric train departing from here at 7:45 o'clock tonight. Silver came here from Portland September and soon after opened the store. He had con ducted several "bankrupt sales." Chief Welsh has telegraphed a request to the Portland police to arrest Silver and Irvine. The Chief says he is convinced that the cigarettes, which were of a kind that will burn of their own accord until consumed, were lighted and placed unon the boxes of matches. About a dozen of these alleged traps were found in the store. COLUMBIA CHANGES DUE New Officials to Begin Wtrk and County Year Begins Tomorrow. ST. HELENS. Or.. Jan. 2. (Spe cial.) Columbia County begins Its of ficial year Monday with changes In the Sheriffs office and Clerk's office. K. C Stanwood. Sheriff-elect, will serve In that office, with Charles Brown. Deputy. They succeed Sheriff C. H. John and Deputy Martin While. Clerk-elect A. r . Harnett will t.iKe office with present County Clerk It. V Ijl Bare as his deputy. Mr. Harnett has served as Mr. L Bares deputy during the last term. County Commissioner H. r. tieeian Is supplanted by Judaon Weed. Tlie County Court recently put Into office by recall will continue to hold office Vde facto" until the Supreme Court takes action. 1 to 5 Ik Divorce-Marriage Katlo. ALBANY. Or.. Jan. 2. (Special.) There was approximately one dlvoree for every five marriages in Linn coun ty during 1914. The total number of marriages In the county during the vip wan 259. and exactly half a hun dred decrees of divorce wre entered in the Stato Circuit Court iter in tne year Just concluded. K-I....IM.. nntv fine-aixlh much aa thmT sold for In July.