- ----- 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
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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
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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
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The old favor- ?8fei3
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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.