TIIE SUNDAY OREGOLVIAX, PORTLAXD, JAXUAKY 23, 1016. 13 HERLOV ABANDONS FIGHT FOR FREEDOM Judge Morrow Decides That Under Present Laws He Cannot Act on' Parole. CONFLICT IN ACTS NOTED District Attorney Explains Attitude us Supporting Jurists' Right to Amend Sentence at Time of Pronouncement. E. C. Herlow surrendered himself Into the custody of Sheriff Hurlburt to serve a term of from one to 10 years, and the constitutionality of the entire parole law was brought into question hv Circuit Judge Morrow yesterday morning, when he decided that he had no right to hear the application of Herlow for a parole.- "After conviction the Governor ia given by law the sole power to grant pardons, reprieves or commutations." said Judge Morrow. "Under the ruling of Federal Judge Wolverton this year holding that a parole is in fact a com mutation of sentence, the conclusion seems to follow that the power con ferred on the Governor does not belong elsewhere. The validity of the entire parole law Is seriously attacked by the stand of District Attorney Evans In the .uer low case, contended Judge Morrow. "He annihilates the whole parole law. if bis construction Is correct, commented the Jurist. Laws Are at Tartaaeo Judge Morrow asserted that even if It were assumed that the law passed by the 1911. Legislature conferring upon the trial Judges the right to parole one convicted of crime was a valid act. Its effect was practically destroyed by another act of the same Legislature, passed two days later, creating the Parole Board of the state of Oregon. In it the parole power or Judges-was limited to the period of time before the defendant is committed to serve the sentence for the crime. A "commitment" was held by the Judge to mean a certified copy of the order Imposing sentence. Consequent ly, the Judge contended, wnen use court imposed sentence upon a defend ant convicted of crime, it thereby com mitted him for his offense. The parole law gives the Judge power to grant a parole until the prisoner has been turned over to the warden of the penitentiary. I do not wish to appear In the light of one who wishes to do away with the parole system in the courts." said Mr. Evans yesterday, following the deci sion in the Herlow case, which was a signal victory for his office. It Is an excellent law if properly adminis tered. It is an abuse, however, to permit the granting of a parole long after sentence has been pronounced and the case disposed of. Preaeeator'a Stand Explained. The stand of the District Attorney, as set forth in the argument by Deputy District Attorney Arthur Murphy, yes terday morning, is that the court has the power to grant a parole "at the time sentence is pronounced," but at no subsequent period. A parole granted after the sentence has been pronounced is considered a commutation the substitution of a lesser penalty. A parole given at the time of sentence is viewed by the Dis trict Attorney as a proper part of the sentence and not as a commutation. To the rear of the courtroom, dur ing the argument yesterday morning. sat a small man. well dressed and of serious mien. He wore a short, clipped mustache and glasses. It was Herlow. Behind him sat Deputy Sher iff Ward, under orders to seize the man as soon as the hearing was over. At the conclusion of the argument, and when Judge Morrow had admit ted that he was powerless to keep Herlow from the penitentiary, the shadowed man walked quietly from the courtroom and gave himself into the hands of Sheriff Hurlburt. The toner- Iff had no alternative but to take the man into custody, as he held a com mitment. Stanley McDonald, deputy county jailor, left for the Salem Penitentiary with Herlow yesterday arternoon. AUDITORIUM BIDS REJECTED Provision for $3 Wage to laborers Is Required by Law. When Commissioner Baker discov ered yesterday that the specifications for excavating for the proposed public auditorium did not contain a provision requiring the payment of 33 a day to laborers, he asked that bids for the contract be rejected. The Council adopted his recommendation. An ordinance is in effect requiring the payment of wages -on the same basis as the city's wage scale. This is $3 a day for laborers. The specifica tions upon which the contractors bid called for the payment of wages on a basis current in the community. New bids will be Invited Monday at 4 P. M.. at which time the Council will hold special meeting. SAFETY MEETING CALLED rnlted Effort In All Activities Aim of Proposed Forum. Manufacturing concerns, civic or ganizations, schools and' many other bodies In Portland and vicinity are to be asked to participate in the organiza tion of a Safety First Forum, at the Chamber of Commerce next Friday night A committee from the manufacturers and Industries bureau of the Chamber . of Commerce met yesterday and made plana for this meeting. The plan is to concentrate general Interest in the safety first movement, and swing the mass of public sentiment into a general organization for the con sistent development of the idea ia every other line of activity. WALKER WHITESIDE IN "THE TYPHOON" American Actor, Who Appears at Heilig Next Week, Makes Great Impres- sion in England Till War Disorganizes Drama. ROOTERS AT GAME DANCE Reed College Class Basketball Inno vation Introduced. Basketball suddenly became an ex ceedingly popular sport at Reed Col lege last -week when it was announced that there would be dancing before, after and between the halves of the timta. R. iD. Leigh, instructor in political science, furnished the dance music playing college songs and popular music on the gymnasium piano. The results of the games were two victories at the expense of the sophomore class. The freshmen de feated the sophomores 15 to 14 and the sophomore women lost to the Juniors by a score of 12 to S. "HE fates nave been uncommonly kind to Walker Whiteside since - he laat visited Portland, three years ago, presenting "The Typhoon." which will again be the medium of his expression when he returns to the Heilig next week. At the close of that, the most suc cessful season of his long and inter esting career. Mr. Whiteside went to London, accompanied by Mrs. White side and their daughter, Rosamond, primarily for recreation and inci dentally in search of a new play. While there Israel Zangwill proposed that the American star appear in "The Melting Pot." supported by an English com pany, and after much persuasion Mr. Whiteside accepted the author's proposition. Mr. Zangwill leased a theater, en gaged a company and with hardly more than the mere announcement of the opening in the newspapers, a crowded house greeted the American player. His success was electrical. The critical writers were extravagant in their praise of Mr. Whiteside's work, and declared that the beauties of the Zang will play had not been revealed in performances given in London when the play was presented there some time before. The engagement continued, although the exigencies of theatrical booking made it necessary to movo to another theater, until shortly before war was declared, and Mr. Whiteside enjoys the distinction of being the only American actor who ever recorded both an artistlo and pecuniary success in the British canital. Mr. Whiteside's career as an Ameri can actor has been most Interesting. Though a great artist, he has been handicapped in the keen fight for rec ognition by a gentleness of breeding and a modesty of character which are ill-fitted for the struggle for theatrical supremacy. This has been his mis fortune rather than his fault. The actor or actress who hopes for finan cial success nowadays realizes that only a small proportion of the Ameri can public is endowed with tasteful appreciation or discrimination in re gard to dramatic art. But the very modesty that has hitherto been deemed a detriment to Mr. Whiteside in his struggle for recognition has proved a mighty factor in making for his great success. When he finally found in "The Typhoon" a play worthy his best efforts and hav ing a tremendous and vital appeal, he was everywhere acclaimed not only the most American, but one of the best of American actors. WATER SUIT IS IGNORED MILWAUKIB COMPAJTT DECIDES TO EXTESD OPERATIONS. J. I. Johason Declares $25,000 Will Be Expended la Baying TJp Rival Concerns. Having waited for four years for a settlement of the Milwaukee water Question. J. I. Johnson, chief stockhold er In the Minthorne Springs Water Company, who has supplied part of the water used In Mllwaukie for the past six years, within the next few months will 'extend his system to in clude all of the town and will expend between $25,000 and $35,000 in buying REDMOND LAWYER INDORSED OR STATES REPRESENTA TIVE CANDIDACY. ;" . -v V i i ff1", tyt ; if . v'-y l Ml .1 ,11.11. I i Deatoa G. Bur-dick. 11EDMOND. Or., Jan. 2S (Spe cial.) Denton G. Burdick has re ceived the indorsement of the Redmond Commercial Club as candidate for State Representa tive on the Republican ticket for the Twenty-first District. Born in Sault Ste. Marie. Mich., where he lived unlil he was 12 years of age, Mr. Burdick there obtained his grammar school edu cation. From Sault Ste. Marie he went to Fargo. N. D.. and after finishing his high school course, attended the Fargo College. In the offices of Attorney A. C Lacy, of Fargo, be obtained his first legal training, completing the same at the University of Iowa Law School. Mr. Burdick has been engaged in the practice of law in Crook County for the past five years. competing companies' and making im provements. The Minthorne Springs Water Com pany received a franchise in 1909. About four years ago the Fisch plant was about to be bought by the Minthorne Company, at the request of the City Council, when the Councilmen suddenly changed their minds and de rided to acquire the plant for the city. The Council at the same time voted to take over the Minthorne company's holdings. An amendment was offered for the substitution of Bull Run water, but the people of Milwaukis voted down the proposition. ' - The next administration voted to take over the independent companies and a board of arbitration was appoint ed to appraise the property. The Fisch people refused to take the $6500 offered and litigation that has carried the case to the Supreme Court was begun. The Minthorne Springs Water Com pany has a capitalization of $20,000 which it is the intention to raise to $50,000. ' HEILIG TO HELP HOME "IT PATS TO ADVERTISE" 19 TO GIVE FLORENCE CRITTEJTTON BENEFIT. Women Sell Tickets In Advance for . Opening Night and Pnblle Is Asked to Assist la Caase, The opening night performance of "It Pays to Advertise." which Is booked at the Heilig for February 21. 22. 23, has been taken by the board of the Flor ence Crittenton Home for Friendless Girls as a benefit for this Institution. Many of the theater boxes have already been sold and the ladles of the board are being asisted by a large committee who is selling seats in advance to insure the success .of the undertaking. The production, "It Pays to Advertise," is one of New Tork's reeal comedy successes of last season, and it comes to this -Coast after a con tinued run of 53 weeks in the East. Cohan and. Harris are its sponsors, and reports from California; where the play now is. indicate that it is one of the best things of the season. The public is. therefore. Insured of witnessing an excellent entertainment and at the' same time will donate to a most worthy charity. The following have charge of the various committees: Mesdames Horace Ramsdell. A. L. Lucas, R. E. Bristow. R. R. Steele. E. S. Muckley. W. H. Doane. J. C. Olds, M. Odell and W. S. Ott. DRYS ARE TOLD TO BACK UP OFFICERS Speakers at Y. M. C. A. Score Rank and File for Quitting in Time of Need: EVERY VOTE IS CALLED FOR Mrs. Tumulty 111. WASHINGTON, Jan. 22. Mrs. Joseph P. Tumulty, wife of the sercetary to the President, is ill in a hospital here. She was operated en today and it was said that the operation was successful and that hea condition was improved. CARD OF THANKS. I wish to thank all my friends for their kindness, sympathy and beautiful 4 t loss of my wife. E. H. BKOEDER. Leaders Believe Day Has Arrived for Party to Stand on Its . Own Platform to Advance Other ' Principles Than Prohibition. "Th . important thing for us to do now Is to hold our own people and keep In them the enthusiasm for work ing in the prohibition cause, for really we have only begun he fight in Ore gon with the passage of the prohibition law," declared J. banger Fox. executive secretary of the Oregon prohibition state committee at the conference of the committee at the Y. M. C. A. yes terday. "Too many of our people have got 'cold feet' or lost interest since the prohibition law carried. This loss of interest shows in the scanty attendance at this meeting. We have 16.000 reg istered prohibitionists in the state and 4000 in Portland. Before this meeting 600 telephone reminders were sent out to families in this city, and yet the attendance at this conference today has been a handful. "I sent 77 letters out over the state a short time ago, and up to date I have received only seven answers. Those 77 were not the rank and file,, but repre sented the very pick of our active workers in the prohibition cause. "And those seven letters that came liv answer, out of the 77 sent, were full of pessimism." Registration Declared Essential. Bruce Wolverton. Acting chairman of the committee, also emphasized the need for continued activity to follow up and clinch the successes - already made. vThe fight has only begun. We must sustain this prohibition law by putting in office men who will see that it is enforced and respected." he said. "Be cause the passage of the law has been achieved is no reason for prohibition ists to neglect to register and to al low their active interest in the work to lapse. "It is the duty of every prohibition ist to keep alive his interest and con tinue the work until all has been done that ought to be done." - L. H. Suter said that the prohibi tion platform must be extended to cover other subjects besides prohibi tion. He suggested that the actual sub ject of prohibition should be sub ordinated and the public made to re alize that the party stands for other important reforms besides prohibition. Party Secession Is Advocated. E. E. Taylor, and. In fact, practically all of the speakers, were earnest in their expression that the prohibition ists should cut themselves off utterly from affiliation with other parties and make their fight in the elections on their own strength. "We have been fooled too long by the old parties. We must nominate our own officers and have tnem in me field before the primaries in May," said Mr. Tavlor. A resolution was adopted providing for the holding of a prohibition state convention on April 15. Sneakers of the day were J. P. Newell, E. T. Johnson, T. B. Ford. A. J. cook, B. Lee Paget. Mrs. Ward Swope, Mrs. Margaret Houston, E. E. Taylor, W. H. Dufur. Mrs. J. M. Kemp. Mrs. M. I. Hvde. Bruce Wolverton. l. n. outer, N. G. Hedin and J. Sanger x ox. The annual banauet was held In the evening and the following were speaa- ers: G. B. Pratt, J. Sanger fox, c J Whlteley and A. L. Crira. Part of Debt Is Raised. ' Faclnsr the statement that the state Prohibition party was in aeDi approxi mately 12000. 34 men and women gath ered at the banquet last night that concluded the. state conference raised $755 in. cash and pledges. J. Sanger Fox. state secretary, started contribu tions bv saying that he would release $200 owed him by the state association in salary. In his talk on "Fundamentals" Mr. Fox said that it was necessary to make the party Btrong enough Nationally to elect a prohibition Administration ana thus insure the adoption of a i ederai amendment stopping all traffic in in toxicating liquor. . If the use or intoxicants js wrens. said Mr. Fox, "and we believe that It is. then the licensing of the tratnc in liquors is worse. If issuing licenses vnrac. then the Federal permission of that traffic is a crime and Uncle Sam is a criminal, and the flag that flies over the United States Is the flag of a criminal Nation. Political Parties Are Blamed. Since bv Uncle Sam we mean the dominant nolitical party, the Demo cratic party at present is the criminal party, but the Republicans have been in the criminal class ior a long time. A. L. Crim declared that II tne ro- hlbition party had done nothing , else. It had made tne people oi tne country reallzo that the liquor issue is. a ponu cal issue, and that it had demonstrated that government exists ror tne protec tion of the inalienable rights of its Other speakers at the night session were George Pratt and Charles u. Whiteley. Resolutions were adopted to the ef fect that the state nominating con vention should be held not later than April 15; that all nominees should be registered Prohibitionists: that the Pro hibition party invite the members of the Woman's Christian Temeprance Union to become active members; that the conference favor an adequate na tional prohibition amendment to the Constitution and that the paper of J. P. Newell on "The Tariff" be published in prohibition organs. Memorial reso lutions on the death of L' H. Amos and Mrs. Mary Ramp were also adopted by the conference. r "-Hi - irT-"'" ""-"'jt1 yi"i"-niitlnhlia-rifti'i mi Whim ill miiwn -in1ffln Wh y & T : u 9 Make something wonderfully good and you say, " This is mine' you call it by your name. That is exactly our case. We have made a tire so fine, so sturdy, so responsible that we want it known as ours. So we named it 'Usco' (U. S. Co.). - Because we" have put our name on this tire because its success was a matter of business pride, of business honour we pledged ourselves to see that it "made good" and it has. Think of it a really wonderful new anti-skid tire priced at only a little more than plain treads. New Prices of 'Usco Tread Tires 30 inch x 3 inch, $10.40 30 inch x 3 l2 inch, 13.40 32 inch x 3 z inch, 15.40 34 inch x 4 inch, $22.40 36 inch x 4 2 inch, 31.55 37 inch x 5 inch, 37.30 UnitedtatesTire Company 'Usco' 'Chain' 'Nobby' 'Royal Cord' 'Plain' Tread "Individualized Tires" L-fnfc'-,ntfririifiTiifaraj"'-g lumilLUflJ 4"- . . . ,r--nrnTr.iipi.i. REED EXAMINATIONS HERE Principles of Honor System Are Ex- plained to Pupils. Reed College students will be in the throes of the final examinations for the first semester during; the whole of this week. The examinations win oe conducted on the honor principle, which has worked out so successfully during; the entire history or the college. Jtolana Bristol, president of the senior class, explained the -principles of the honor system to freshmen last Thursday during- the assembly hour. Students are put on their own honor to write the examinations without reverting; to any measures "such as "cribbing" or cheating by any other means, so -successiui - nas tne -system been that the instructors -of. some classes have allowed their students to write their examinations in their rooms or wherever they chose. , 86, IS WITNESS FISHING RIGHTS IJT DISPUTED CO. . LCHBIA GROUNDS ASSERTED. nied that the scow had been .wrecked by the canners, but that Williams had sought to moor it in the same spot in the river by tieing it upstream, where the actual fastening would not be upon the Seufert property, anad that the long lines became entangled in the current and the scow was upset. Company, Accused of Illegally Driving ' Away Reds, Presents. Testimony . on Freeing; .of BXoored Scow. . Asserting the right of his fellow. tribesmen to fish at Ione Tree Point, near the head of Three-Mile Rapids near The Dalles, Pipeshire, a Tygh In dian, aged 86, was a witness in Fed eral Court yesterday during the hear ing of the case against the fish can nery firm of Seufert Bros., of The Dalles. The witness said that many years ago as a young man he used to come with other Indians from - the Upper Deschutes country, where his tribe lived, to The Dalles and they fished unmolested trombone Tree Point and in the adjacent waters of the Colum bia River. He said the Yakima In dians used to cross the river in their dugout canoes from the Washington hshore and fish in the same tribal Ilsn lng places, the rights to which are now claimed by the cannery company. It is held by the Government In bringing its suit against Seufert Bros. . Company that ' fishing rights given the Indians by the treaty of 1855 are still effective, ana 11 is con tended the cannerymen drove the In dians away without Justification. F. A. Seufert, head of the company, was on the stand yesterday and said that the company owned the land at Lone Tree Point and on that account believed it had a right to fish there exclusively. ,He said the company had warned Sam Williams, an Indian, not to fasten his fish wheel to the land owned by Seufert Bros., but when he did so they untied the scow upon which the wheel was placed. He ae- "Well, I Should Say 'Gets-It' Does Work Look a There, If You Don't Think It's Just Wonderful for Corns! Bless my stars, look at it! Land of h Hvin'l Whv. lust look at It! That corn came right off, lust like peel ing bananas, rut your linger on niy Did Tn "Ever See the Mket Na W'eader Geta-It is the Highest Selling; Cora Cure in the World:" toe, right there. don't be afraid, that's it. feel how smooth the skin i.i? Well, that's where -the corn was. Well, that beats all!" That's the way 'tieta-lt WOrKS on ail conia, every corn, every time. It s the new, simple way of curing corns. You'll say good bve to all foolisn contraptions like bundling bandages, sticky tape, plas ters, toe-eatine salves, and grave- diggers such as knives, razors and scissors. "Gets-It" stops pain. Applied in 2 seconds. Never fails. Nothing to stick to, hurt or press on the corn. "Gets-It" Is sold everywhere, 25c a bottle, or sent direct by E. Lawrence & rn.. Chicaeo. 111. Sold In Portland at ail stores of The Owl Drug Co, REED TEAMS TO DEBATE Arguments Will Be on Same Subject Discussed With Washington. There will be a public debate between the two Reed College teams, which re cently divided the debating honors of the Northwest with the University of Washington, in the Central Library at 8 P. M., January 31. The question will be the same as in the Washington debates "Resolved, That the United States substantially in crease Its military defenses." The question was successfully defended by the Reed men in the debate at Reed College, but the negative team which went to Seattle fell victim to the argu ments of the Washingtonians. Clarence Miller and Horace Yoiingi the negative team, stm feel confident in their cause and are anxious publicly to meet their more fortunate fellow students, Charles Cohn and Samuel Weinstein. GLYCERINE AND BARK PREVENT APPENDICITIS The simple mixture of buckthorn bark, glycerine, etc., known as Adler-i-ka, astonishes Portland people. Be cause Adler-i-ka acts on BOTH lower and upper bowel, ONE SPOONFUL re lieves almost ANY CASE constipation, sour stomach or gas. It removes such surprising foul matter that a few doses often relieve or prevent appendicitis. A short treatment helps chronic stom ach trouble. The INSTANT, easy action of Adler-l-ka is astonishing. The Hunt ley Drag Company, Fourth and Washington 'Y4 tjfw jtZl 7keP0CT01& 'Frank" writes? "Please prescribe for m. I have lever ana constant neaa- aches, dizziness, my eyes are yellow and dull. I urinate often, but very little at a time, and it is of an offensive odor. I can t sleep ana have pains in my sack." Answer: Your trouble is witn your kidneys. . You need something, to liven tnem up ana a ionic to maxe tnem strong. You will find just what you require in balmwort tablets. I always recommend them for diseased kidneys and they seldom fail to give excellent results. www 'Bex" nuks! "I couerh constantly. How may I overcome this? Sometimes my throat ana cnest are sore ana x have severe colds and hoarseness." Anwer: The best thine: I can ore- scribe as a cough medicine and to drive the inflammation out of the system, is a simple syrup made of 2 oz. con centrated essence mentho-Iaxene and one pint of pure Sugar syrup. This preparation taken regularly should hrenlr no a cousrh and cold and rid the system of inflammation. This is a most economical ana ciict;iivb vuueu emu cold remedy lor every member of the family. uvionrt" ssks: "What can I take to clean my blood and make it pure? I am constipateu ttuu iii i.uiihiciuh " Answer: tour system requires a guou hiAnH nurifier and laxative. I always recommend three-grain sulpherb tablets (not sulpnurj. xney are laxaiive, am digestion, and purify and tone the blood. Rrher". asks: "Please tell me If. ibr, ia anvthine- I may use to rid the scalp of dandruff, stop falling hair, itching scalp and promote a natural gloss and color to the hair." Answer: The best hair tonic I know of and one I have recommended in myj practice several years to stop dandruif, ! itching scalp and promote hair growth will be found in the use of plain yellow minyol. Thousands have used it with great success. . "Too Largip" writes: "I am much too large. I weigh nearly 185 pounds and would like to reduce about 40 pounds." Answer: Five-grain arbolone tablets The questions answered below are general in character, the symptoms or diseases are given and the answers will apply in any case of similar nature. Those wishing further advice, free, may address Dr. Lewis Baker, College Bldg., College-Ellwood Sts., Dayton, O.. enclosing self -addressed stamped en velope for reply. . Full name, and ad dress must be given, but only Initials or fictitious name will be used in my answers. The prescriptions can be filled at any well-stocked drug' store. Any druggist can order of wholesaler. are the most reliable, harmless flesh reducers I have ever used in my prac tice. They have given satisfaction to scores of my patients. "Office" writes: "If I don't soon get something to make me strong, build me up and give me a new lease on life and ambition I'll not be able to continue my work. I'm overtired, feel weary, and my work and play are irksome. I'm nervous and have a kind of drawing pain at the base of my brain. I am restless and unrefreahed after a night's sleep." Answer: Your condition appears to be due to overwork, worry, excesses, dissipation or some other such cause. You need a powerful, stimulating tonic and builder. Your system is run down and wants new vigor and nerve-force. Three-grain cadomene tablets are Just what you require to give the proper vim, spring and life to your entire sys tem and make your mind clear and active, - "Slender" writes: "I'm so slender my clothes 'just hang on." I should weigh, for my height, 25 pounds more." Answer: To become stout and have a well-rounded ficrure I recommend the use of three-grain hypo-nuclane tablets. . They are tne most wonaeriui uega pro ducers 1 could suggest. w "Crippled" writes: "I am all crippled up with rheumatic pains in my limbs and rm. I can scarcely get around some days.' Please help me." Answer: xour conamon is o&a out a very common one. ihe surest and safest treatment lur rueumauBm win h fnnnd in the following prescrip tion, which you may mix for yourseif at home: 2 drams of iodide of potas sium, 4 drams sodium salicylate, H oz. winA of colchlcum. 1 oz. comp. essence cardiol. l.oz. comp. fluid balmwort and 5 oz. of syrup sarsaparllla comp. . Mix. and take a teaspoonful at meal tune and ataiii before going to bed. Adv.