14
THE SUNDAY OREGOXIAX, PORTLAND, DEEMBB 31, 1916.
TITLE TO
MILL IS
MONARCH
RESTORED
Judge Kavanaugh Rules That
Proceedings In Forced
Sale Were Illegal.
REORGANIZATION IS PLAN
stered at the Portland, where he ar-
lved yesterday. '
A. W. Baker, of Raymond, is regis-
ered at the Perkins.
T. G. Work, of The Dalles, is reg
tered at the Oregon.
A. M. Miller, of Ashland, is regis-
ercd at the Imperial.
E R. Morton, of Hlllsboro, is reg
istered at the Oregon.
C. H. Cracraft, of Seattle, arrived at
tlteaOregon oi Friday.
S. G. Thompson, of Halsey, is an
arrival at the Perkins.
E. E. Elliott is registered at the
ortonla from Seattle.
O. M. Wilkerson, of St. Paul, is reg-
stered at the Seward.
Mrs. H. J. Clement, of Salem, is reg
istered at the Seward.
Frank Patton, of Astoria, arrived at
the Portland yesterday.
Mr. and Mrs. J. II. Andrews, of Spo-
Bult to Quiet Title, Which Has Just
Been Dismissed, Comes as Re
sult of Breach of Contract
by Lester W. David.
Dismissal of a suit to quiet title to
the property of the Monarch lumber
mills at Kenton by Circuit Judge
Kavanaugh yesterday concludes two
years of litigation, partially affects a
contract involving the reorganization
of the mills under a new corporation,
and may throw the plant into the
hands of a receiver.-
Judge Kavanaugh's ruling stamps as
void the purported title obtained by
EL W. Spencer at a Sheriffs sale in
3 914, transferred to John W. Getz. and
later assigned to Grayson M. P. Mur
phy, of the Assets Realization Com
pany, of Chicago, who filed the action
to quiet title.
That this affects the deed in escrow,
which Lester W. David procured from
the Assets Realization Company and
now has In the safe deposit vaults of
a I'ortland bank, is . denied on the
ground that this is held under a $300,000
mortgage, the validity of which was
not passed upon by Judge Kavanaugh.
Mr. David's rights are injured, how
ever, inasmuch as they included the
supposed Spencer-Murphy equity over
and above the mortgage.
Estimates Vary Widely.
Mr. David's attorney, C. A. Sheppard.
holds that the mill property is not now
worth the mortgage. It has been vari
ously rated from J200.000 to J640.000.
The mortgage was not directly in
Issue in this case, but the defendants
attacked it. alleging that it was
fraudulent and usurious and given for
a sum greatly in excess of the amount
owing from the Monarch Lumber Com
pany to the Assets Realization Com
pany. It is not impossible that the validity
of this mortgage Is a question which
must be determined before further de
velopment work involving the plant Is
undertaken.
A contract was made last April by
Mr. David with W. D. Wheelwright, ol
the Pacific Expert Lumber Company,
for the formation of a new company to
take over the Monarch property. In
a recent suit filed in the Circuit Court,
Mr. David is accused of abrogating this
contract in favor of George F. Heusner.
John Kiernan and others interested
in the recently Incorporated Monarch
Mills Company.
Old Company Has Title.
Title to the Monarch property, by
the decision of Judge Kavanaugh, 1
now vested in the old Monarch Lumber
Company, subject to the $300,000 mort
gage and judgment liens totalling $30,
796.78.
Maurice W. Seltz, attorney for John
Bjelik. one of the defendants In the
suit to quiet title who holds a $3000
judgment against the Monarch Lumber
Company as the outcome of a personal
Injury suit, said yesterday that he In
tended to file a motion shortly to have
a receiver appointed for the lumber
company.
Such an action probably would be
taken jointly with other judgment
creditors. It was said, unofficially
yesterday that general claims might
amount to $200,000.
Other defendants in the Mprphy suit
which was dismissed yesterday were
W; T. Patton, who held a Judgment
for $803.95; Brayton & Lawbaugh, to
whom was owing $3,741.33, and A. C.
Springer, who held a judgment for
$6000.
Property Sold by Sheriff.
On March 2. 1914, the property of the
Monarch Lumber Company wae sold at
Sheriff's sale to E. W. Spencer for
$7,633.60. encumbered by a $300,000
mortgage of the Assets Realization
Company. It was sold in satisfaction
of a judgment of $17,251.50 obtained
hy Mr. Spencer against the Monarch
Transportation Companv and the Mon
arch Lumber Company, the latter being
included as a debtor of the transporta
tion company, which had been gar
nisheed.
Later Mr. Spencer assigned hie title
to John W. Getz, who In turn assigned
it to Grayson M. P. Murphy. This action
threatened to shut the creditors out
and to dispose of their Judgment
claims. Mr. Murphy brought the ac
tlon to quiet title.
Judge Kavanaugh held that statu
tory requirements were not observed
bv Mr. Spencer in acquiring the title
through Judgment. The Monarch Trans
portation Company was the defendant
btt the garnishee was the Monarch
Lumber Company, which admitted ow
ing trie transportation company $7250.
The Sheriff properly levied upon the
property of the defendant, but pro
ceeded at once to levy also on the
property of the garnishee.
Proceedings Held Irregular.
"It does not appear in the proceed
ings that he demanded payment of the
debt from the garnishee or that the
garnishee failed to pay the debt upon
demand, concluded Judge Kavanaugh
"The garnishee had no opportunity to
pay the debt, and the real property of
the garnishee was seized upon execu
tion issued upon the Judgment against
bim without demand for payment or
refusal on his part to pay.
"I am of the opinion that the record
shows more than irregularities. The
provisions of the statute were not
pursued, and as Spencer did not acquire
title this suit to quiet title should be
dismissed.
Complete reorganization of the mill
for the benefit of the numerous credi
tors is thought likely by Attorney
Harold M. Sawyer, who with Attorney
Krskine Wood represents Mr. Wheel
wright in the suit against Mr. David
and others.
PERSONAL MENTION.
T. Nelson, of Astoria. Is staying at
the Carlton.
S. P. Pierce, of Spokane. Is registered
at the Carlton.
A. Vaughn, of Lyons. Or., Is staying
at the Perkins.
O. E. Barr. of Eugene, is registered
at the Perkins.
John Martin, of Pasco. Is registered
at the Cornelius.
C. Knjitsen. of Astoria, is registered
at the Nortonla.
H. Snow, of Astoria, Is an arrival
at the Cornelius.
J. A. Prouty, of Seaside, Is. registered
at the Multnomah.
W. Hare, of Eugene, is registered
at the Washington
C. H. Callender. of Astoria, is an ar
rival at the Portland.
L. E. Stoner, of Dayton. O., is regis
tered at the Carlton.
S Burge. of Scappoose, Is an ar
rival at the Carlton.
E. S. Evenden, of Monmouth, is reg
DAIT.HTER OF CONFEDERATE
COLO.NEI, IS BIRIED
IX OREGON.
Photo by Peterson.
Mrs. Ellen Meyer.
The funeral of Mrs. Ellen
Meyer, who died at her home, 331
Hassalo street, December 19, was
held on the day before Christ
mas eve. Just 33 years after the
funeral of her first husband.
Mrs. Meyer was born in Nevada
City. Cal., in 1852, and was the
daughter of Colonel Bess, of the
Confederate army. In 1872 she
married Rudolph Vorbeck, mov
ing to Oregon In 1882. In 1883
her husband was killed in a train
accident In Oswego.
Mrs. Vorbeck married Julian
Meyer, her former husband's
mining partner, a year later. Her
husband and Mrs. Minnie Elvers,
Mrs. Myrtle Austin and .e son,
George Meyer, all of Portland,
survive.
ane, are registered at the Multno
mah.
J. H. Smith Is among the recent ar-
ivals at the Washington.
I P. Brown, of Kalarr.a, Is an ar-
ival at the Washington.
Frank J. Whitney is registered at
the Nortonia from Spokane.
Mr. and Mrs. E. C. Harris, of Seattle,
re registered at the Portland.
Will H. Cowglll. of Corvallls, is
among the arrivals at the Seward.
Wallac McMurray was registered at
the Seward from Salem yesterday.
J. X. smitn. of hite Salmon, ar-
lved at the Cornelius yesteradj'.
Mr. and Mrs. W. -f2. Burgess, of Aber
deen, are registered at the Cornelius.
Mr. and Mrs. A. W. Shaler, of Spo
kane, ar registered at the Imperial.
Mr. and Mrs. H. A. Bishop, of Juneau,
Alaska, are registered at the Imperla
A. E. Devon and L. P. Derby, of
Union, Or., are registered at the Nor
tonia.
Miss Gertrude Gray, of Salem. Is reg
stered at the Multnomah, where she
arrived yesterday.
F. W. Williams. T. L. Ostern and H.
Morlan arrived at the Oregon from
MoVmouth yesterday.
x.Tr,s. J. H. Rose and daughter are
registered at the Multnomah from
Trail. British Columbia.
Among the arrivals at the Imperial
yesterday were W. H. Strand, Grace
Strand and Ralph O. Bayley, of the
Oregon Agricultural College.
TRAFFIC OFFICERS NEW
H.A.HIVSHAW ANNOUNCES CHANGE
IN SOUTHERN PACIFIC.
$6000 FEE AWARDED
Attorneys for Depositors
Defunct Bank Win.
of
SERVICES HIGHLY PRAISED
Judge Kavanaugh Says 12 1-2 Per
Cent of Amount Recovered Is Not
Enough, In View of the Skill
Required and Uncertainty.
For their part in recovering $26,600
for depositors In the defunct American
Bank & Trust Company. Attorneys I. H.
Van Winkle and Sidney J. oranam win
receive S6000. decided Circuit Judge
Kavanaugh yesterday, ending the liti
gation over fees and keeping Rls prom-
Be to give the attorneys an ecultaj.e
um, considering me magniwuc ui
their . labors.
The attorneys asked $8,866, or 33 1-3
per cent of the amount recovered, by
virtue of an agreement entered Into
verbally between Superintendent of
Banks Sargent and the lawyers, bj
which they were to receive ore-third
the sum recovered, in case of success,
and nothing if they failed.
Court Rejects Agreement.
An application was made to Judge
Kavanaugh last Summer to approve this
contract while the suit was pending.
but approval was denied becanse the
suit had not Deen determineu Dy ine
Supreme Court. Judge Kavanaugh an
nounced, however, that the attorneys
would receive a reasonable compensa
tion. Since, depositors have presented
request to the court that only 12
per cent be allowed the attorneys, or
$3300.
"One-third, of the amount recovered
was certainly a reasonable compensa
tion to be allowed attorneys in this
kind of a suit for the skill and service
required, in view of the uncertainty of
success," said Judge Kavanaugh In his
memorandum yesterday. "The skill and
efficiency of the attorneys in this case
is apparent to all and I should not hesi
tate to approve such conpensatlon if
this were an ordinary case.
Other Factors Considered.
The Jurist went on to explain that
It appeared that the Attorney-General
had performed some legal service In
the suit, that Mr. Graham was under
salary which was paid out of the assets
of the bank at the time the suit was
instituted, and that Mr. Van Winkle
was Assistant Attorney-General while
much of the important part of the liti
gation was in progress. Tet:
'I think Mr. Van Winkle s most val
uable service was rendered while he
was not connected with the Attorney
General's office," was the conclusion of
Judge Kavanaugh. "It was then that
he gave practically his entire attention
to these suits. It was then that he
prepared his case. The value of his
service during this time cannot be
measured by the actual appearances In
court. Cases are generally won before
the parties come into court. The same
may be said of the service of Mr.
Graham.
While I am of the opinion that rea
sonable reduction should be made from
the percentage provided by the contracv.
with the Superintendent of Banks, in
;w of the service performed while
these Attorneys were in the employ of
the state, I think the compensation sug
gested by the counsel for the deposi
tors would not be reasonable compensa
tion under the circumstances."
The contingent contract was held by
Judge Kavanaugh to be a distinct ad
vantage to the depositors for they stood
to gain much and lose little.
in Oddfellows' Hall Wednesday night
by Yoncalla Lodge No. 161, Ancient
Free and Accepted Masons, and Pales
tine Chapter No. 122. Order Eastern
Star. Following the installation cere
monies a banquet was served, at which
speeches were made by Incoming and
outgoing officers.
During the evening past masters'
jewels were presented to S. N. Wood
ward, retiring worshipful master of
the Masons, and Mrs. Sarah Kelso, re
tiring worthy matron of the Eastern
Star.
The officers for the ensuing year
are as follows:
Masons T. J. Barr. worshipful mas
ter; J. E. Clark, senior warden; E. P.
Drew. Junior warden; J. F. Daugherty.
treasurer; H. A. Seams, secretary: E.
F. Kelso, senior deacon; William Klet
zer. Junior deacon; L A. Bass, senior
steward: R. Hansji, Junior steward
M. L Dungay, marshal: F. M. Batch
elor. tyler.
Eastern Star Mrs. Ellen Bass, wor-
WOMAN M ABHIED IN ALBANY
IN 1S5 PASSES.
Vesper Service Announced.
The usual vesper service will be held
this afternoon at 4 o'clock In the music
studio of the University of Portland
at Seventeenth and Lovejoy streets.
EAST SIDE RESIDENT WHO
DIED CHRISTMAS EVE.
A. T. Resehke Promoted to Soliciting
Freight Agent I- A. Brock-well
Is Successor From Seattle.
H. A. Hlnshaw, general freight agent
of the Southern Pacific Company, an
nounces the following changes in the
traffic department, effective January 1:
A. G. Resehke, promoted to soliciting
freight agent, succeeding J. C. Dickson,
who has resigned. Mr. Resehke has
been in the service since June. 190.,
having occupied the positions of file,
rate and tariff clertk, and during the
past three years has been Mr. Hln
shaw's private secretary.
L A. Brockwell, tariff clerk, who suc
ceeds Mr. Resehke, entered the Bervlce
1b April, 1912, having occupied the posi
tions of file and tariff clerk for three
and one-half years. During the past
year Mr. Brockwell has been located In
the district freight and passenger
agent's office In Seattle as rate and
traffic clerk.
B. D. VanCourt, now chief revising
clerk, Oakland, Cal., succeeds Mr.
Brockwell. Mr. VanCourt entered the
service in 1910, being employed at Park-
Street station. nen Mr. Merrlman,
formerly agent at Portland, was ap
pointed agent at Oakland Terminals.
Mr. VanCourt accompanied him and ac
cepted a position as chief revising
clerk at Oakland.
C. A. Smith, at present counter clerk
at Park-Street station, has been ap
pointed to a similar position in the gen
eral freight office. Mr. Smith first en
tered the service at Ashland in Janu
ary, 1907.
-BBBBBBSK-
Mrs. Snrah Potter.
Mrs. Sarah Potter. 84 years old,
wHJow of the late W. I. Potter,
died December 24 at the home of
her granddaughter, Mrs. E. L.
Gordon, 2060 East Alder street.
She was burled Christmas day.
Mrs. Potter had been a resident
of Oregon for 19 years, coming to
the state from Colorado. A son.
Frank Potter, of Portland: Mrs.
E. L. Gordon, a granddaughter,
and Lawrence and Roy Potter, of
Portland, grandsons, survive.
JAPANESE USE ADS
New York Post Supplement to
Be Distributed Here.
LOCAL CONSUL LENDS AID
s.
to
ML.
Mrs. Robert Romlne.
Mrs. Robert Romlne. for many
years a resident of Oregon, died
December 25 at the home of her
daughter, Mrs. G. P. Sanderson,
at Freewater. Or., aged 73. Mrs.
Romlne was the daughter of
Evans Parrlsh, who died from
cholera while crossing the plains
to Oregon In 1852. As Lucy
Parrlsh she settled near Albany,
Or., and was married to Robert
Romlne at Albany September 8,
1859. Mr. Romlne died 11 years
ago. Mrs. Romlne was known
throughout the Willamette Val
ley and was an ardent church
worker, a member of the East
ern Star and of the Grange.
Mrs. Romlne Is survived by a
sister, Mrs. H. D. Godley, of Port
land, and five children. Mrs.
James and Mrs. D. J. Flsk, Mrs.
G. P. Sanderson, James E. Ro
mlne. all of Umatilla County, and
R. Ell Romlne. of Portland. There
are also surviving 15 grandchil
dren and two great-grandchildren,
children of Mr. and Mrs. Roy
E. Frazler, of Pedigo, Wash.
to F. Fleetwood, of McEwen. He asked
for a parole and a well-known Baker
He Interceded in his behalf, but no one
was found who would stand iponlor
for him.
Judge Anderson, In sentencing the
man, said he would leave the matter of
parole in the hands of the penitentiary
officials.
HIGH TRIBUTE PAID
Akamatsu Tells or Efforts
Make Americans Better Ac
quainted With Character
and Aims of Nipponese.
Three thousand copies of the New
Tork Evening Post for New Year's,
containing the special supplement
treating of Japanese and American re
latione, are to be distributed among
members of the Chamber of Commerce
here by courtesy -of S. Akamatsu, Im
perial Japanese Consul.
Mr. Akamatsu. who came here re
cently from New York, where he was
Acting Consul for Japan, was a col
laborator in the arrangements for this
supplement, and In the conferences with
the publishers acted as representative
of the Japanese government.
The supplement Is Intended to record
the development of relations with
Japan, and to thoroughly review all
phases of the Japanese-American sit
uation. It will contain articles by all
of the leading newspapermen of Japan,
dealing with subjects of Interest to
the two countries. The late Count
Okuma. recently Premier of Japan, and
Baron Shlbusawa. are among the dis
tinguished men who have been invited
to contribute.
The work of preparing the supple
ment was turned oVer to Dr. I. Yenaga,
head of the East and West Bureau, a
news distributing agency operated In
New York for the benefit of the Ameri
can press by Japanese contributors. The
object of the supplement Issued by the
Evening Post will be largely that of
strengthening the mutual understand
ing between Americans and Japanese,
and It will be circulated extensively
throughout the United States.
The editors of the Evening Post are
Imbued with pacifist Ideals, according
to Mr. Akamatsu. "I had learned that
John Palmer Gavlt. editor of the Even
ing Post, was a distinguished pacifist."
said Mr. Akamatsu yesterday, "as are
also Mr. Wheeler and Mr. Scholtz, his
associates. It was after talking these
matters over with them that I also be
came a pacifist. I am much Interested
now In the plans" of the League to En
force Peace, which seems to me to have
a substantial Idea back of It."
The part played by Mr. Akamatsu In
the arrangements for the supplement
was that of an agent. The Japanese
government has taken five pages In
the publication, which will be used for
advertising space. Japanese finance,
railroads and other matters will be de
scribed to the American people by the
Japanese government as a means of
cultivating commercial relationship.
The attractions of Japan to the Amer
ican tourist will also be enumerated.
TAC0MA COUPLE MISSING
Posses Searching Rainier National
Park for Mr. and Mrs. O. Powell.
TACOMA, Wash., Dec. 30. (Special.)
Posses are searching the hill In
Rainier National Park looking for Mr.
and Mrs. Otto Powell, of Tacoma. who
were last seen at their cabin a mile
and a half from Alder on December 18.
Reports from the searchers tonight
said that no trace of the couple had
been found.
Mr. and Mrs. Powell had been living
NEW PRESIDENT OF FAIR IS
MAN OK EXPERIENCE.
thy matron: Mrs. Martha Daugherty.
associate worthy matron; Mrs. T. J.
Barr. worthy patron; Mra Delia
Strawn, secretary; Mrs. Gertrude
Daugherty. treasurer; Mrs. Opal Kelso,
conductress; Mrs. J. E. Clark, associate
conductress: Mrs. Minnie Bradley, chap
lain; Mrs. Esther Wise, o-ganlst; M.
L. Dungay. warden; S. N. Woodward.
sentinel; Mrs. Sarah Kelso, marshal.
The- five points of the star are rep
resented by Mrs. Francis Marshal.
Adah; Mrs. Ellen Daugherty, Ruth;
Mrs. Mary Barr, Esther; Mrs. Nettle
Hanan, Martha; Mrs. Dora Wcstfall,
Electra.
LEBANON ASKS FOR ROAD
LOOP OF IOO MILES TO STA RTaFROM
THE DALLES CHOSEN.
i
Read The Oregonlan classified ads.
President Crawford will give the ad
dress on "The Ideal College Course."
A musical programme will be given by
the university orchestra. All are most
cordially Invited.
YONCALLA OFFICERS ARE IN
Masons and Eastern Star Hold Joint
Installation Ceremony.
YONCALLA. Or., Dec. 80. (Special.)
Joint Installation services were-held
CAUTION
Wrappers of the New Year's Edition of The Morn
ing Oregonian for sale on the streets and news
stands will bear this label :
NEW YEAR'S EDITION
Portland. ($r?gntt
WATCH FOR THE LABEL
I nlimltrd Possibilities Predicted for
Hlshway Through Cascades as
Road Hesort Section.
ALBANY. Or., Dec. 30. (Special.) A
state road which would add thousands
of scenic beauties to the Columbia
Highway is being petitioned for by
the people of Lebanon and surround
ing territory in a request addressed to
the members of the State Legislature
asking that a road from The Dalles
running south to Tethlow Buttes and
thence west across the Cascades by
way of Sisters. Santiam Pass, s ish
Lake, Clear Lake. Marlon Lake, Cas
cadia and Foster -be declared a state
road. Such a route would furnish a
loop of 400 miles In circumference, giv
ing the tourist a glimpse at each of
the state's great activities.
As a resort section this route through
the Cascades provides unlimited possi
bilities. Fish Lake and Clear Lake at
the summit of the Cascades are the
wonder of all who visit them. They
are large, transparent bodies of water
000 feet, in dfii.h on the bottom ot
which large fir trees are visible, the
lake being in a bowl of a sunken moun
tain. These lakes arc within the San
tiam National Forest end Summer cot
tage tracts can be rentea irom me
Government for a small fee.
While the present road across tne
mountains Is passable througn tne
Summer, no money has Deen expenaeu
upon It for five years, and it is mere
tore not open the year around.
BAKER TO WELCOME YEAR
Churches Arc to Have Services and
Crowds to Make NUi.-e.
BAKER. Or.. Dec. 30. (Special.)
Baker plans to close fittingly the most
successful year In a decade and to wel
come what is oencvea win ue mj fs ' wm-
est 12 months In history. At midnight
tomorrow the Christmas court of honor
will be closed officially and the lights
extinguished until next season. Several
churches will hold watch night serv
ices and one moving picture theater
will hold a midnight matinee.
Special efforts for novel nolse-mak-lng
are being planned in addition to
the usual whistles, bells and tin cans.
St. Francis' Cathedral will hold two
masses Monday.
SPOKANE WANTS MARKETS
Grangers, Labor People and Others
Consider School Slt--.
SPOKANE. Wash.. Dec. 30. (Spe
cial.) A plan to establish public mar
kets for free trading at each of the
public school grounds of 8pokane was
Indorsed this afternoon at a meeting
or tne delegates from the city. Pomona.
Orange and Spokane S.ction;il Central
Labor Council.
The Idea of locating the market on
the site beneath the tracks of the O.-W.
R. & N. was practically abandoned. The
schoolground plan was suggested as a
means of eHmlnatlng overhead expense,
rent being sidestepped In this way and
no central control body being nece-isary
but the School Board.
A committee will be selected from
members present at today's meeting to
hold Joint session with the Board of
Education and the School Board com
mittee of the Labor Council with a
view to working out definite plans for
such a schema
f - ,
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.J jj Jm Wit '
'"BeWBeMssi
William H. Savage.
William H. Savage, president
of the Oregon board of State
Fair directors, by virtue of a
life-long experience In agricultu
ral work and In the organisation
and management of agricultural
and livestock expositions. Is re
garded as particularly well quali
fied to handle the high position.
He Is a native of Oregon and
was reared upon a farm. He has
been both officially and semi
officially connected with the
Oregon State Fair for more than
a decade. As vice-president of
the fair board last year he
worked out a splendid livestock
exhibit.
in a shack at the Powell-Poore Lumber
Company's mill and were lnt seen by
workmen who were leaving the ramp
for the holidays. As both are ardent
hunters friends fear that they may have
become lost In the hills. Mrs. Powell
Is the daughter of City Treasurer E. K.
White, of Tacoma, and her hushand Is
the son of Dr. and Mrs. J. L. Powell,
of this city.
Bench and Bar Hail Judge Mc
Ginn as Leader.
RECIPIENT DEEPLY MOVED
Attorneys Who Felt Lash of Jurist's
Tongue Among Those Who Gath
ered to Testify as to Ills
Humanity and Courage.
Judge Henry E. McGinn, the man
who "Introduced the leaven of human
ity Into the work of the Judiciary." as
Dan J. Malarkey phrased It, was wel
comed by members of the bar of Mult
nomah County back to law practice and
bidden tarewell by his Judicial col
leagues In a unique demonstration In
his courtroom yesterday morning.
Leaders in the profession or law
crowded the courtroom to pay their re
spects to one whose moral courage and
fearlessness had won for him an envied
place as a champion of the under-dog.
Many of the attorneys had felt the
sharp lash of Judge McGinn's tongue
In days past, but the bitterness was
forgotten In the tribute to the man and
Judge. v
"Ho could discern In the statement of
the case where equity and Justice lay."
said John F. Logan, "but his rulings
are dangerous for other Judges to fol
low. I mean this with no disrespect.
The capacity to distinguish unerringly
right from wrong on a bare statement
of facts is not given to all."
"The leaven of humanity Introduced
by Judge McGinn will remain with the
Judiciary for many years." said Mr.
Malarkey, "but I am one who believes
there are other walks In life In which
Judge McGinn may be of greater serv
ice than as a Judge.
"Judge McGinn leaven the bench
without a single case under advisement,
with everything cleaned up an un
usual record." complimented Presiding
Judge Gantenbeln. after a tribute to
Judge McGinn's humanity.
In a voice unsteady with emotion.
Judge McGinn replied briefly to tho
tributes.
"I am vain, but not so vain aa to im
agine for a moment that I am worthy
of the kind words whlcltr have been
spoken." he said. "I have fallen far
below my own ideal, but I gave of the
best I had In me. 1 hope you will over
look my shortcomings. numerous as
they have been, and believe In my sincerity."
FIGHT FOR FREEDOM FAILS
Cattle Thief Sentenced After
Effort for Parole.
Iong
BAKER. Or., Dec. 30. (Special.)
More than four months' effort of Les
lie Elliott to escape going to the Salem
penitentiary after he was found gifllty
failed today when Circuit Judge An
derson sentenced him to from one to
10 years.
Elliott was convicted last August of
stealing and killing a steer belonging
LIQUOR-MAKERS ARE FINED
Spaniards Fined for Selling Goods
Made at Home to Indian.
PENDLETON. Or.. Dec. 30. (Special.)
A marked $5 bill led to the capture
of Alfredo Medina and Baltezore Es
trada. Spanish bit and spur makers,
who were arrested and lined 1100 each
today on a charge of bootlegging. A
one-legged Indian, who had been ar
rested for drunkenness this week, was
used as an agent for purchasing the
liquor.
The men had shipped In pure alcohol,
and with the use of coloring matter
and water they were able to make four
quarts of liquor from one pint of alco
hol. The charge may be pressed by the
Government farther, as one of the bot
tles was sealed and It was said that
the seal had been broken.
Condon Masons Install orru-ers.
CONDON. Or., Dec. 30. (Special.)
Mount Morlah Lodge. No. S.i. Ancient
Free and Accepted Masons. Installed
the following officers December 27:
Worshipful Master. Ray Rogers; senior
warden. John Jackson: Junior warden.
J. D. Weed; secretary. C. H. Horner;
treasurer, D. S. Brown; senior deacon.
D. W. Hammock; Junior deacon. Will
Jensen; senior steward. I. Hosklns;
Junior steward. Andy Irwin. . C. Stur
glll. acting marshal, and C. H. Lough
rlge was installing officer.
Thomn.nn', T
Carve Leases Are
Better.
Pennsylvania leads the states In the
use of steam power, having 20 per cent
of all In the 1'nlted States.
THOMPSON'S
KRYPT0K
Pviaori
Uhout line!
hi the
lens
The kind that make you
feel YOUNG without
making; you LOOK old.
Thompson Optical
Institute
Second Floor Corbet t Bldg.
Fifth and Morrison
Portland's Oldest and Larg
est Exclusive Optical House
Hood River Has Highway Map.
HOOD RIVER. Or.. Dec. 29 (Spe
cial.) The State Highway Commission
has furnished Hood Blver County with
a new map, showing the curvature and
route of the entire length of the Co
lumbia River Highway through the
county. The map. which has been
hung In the Courthouse, has created
widespread InteresL The Highway
west of Hood River has far the most
part been opened, but no work has
been done on the extension between
Hood River and the Wasco County line.
The population of Manila increased
from 224.409 in 1912 to 266,943 at the
beginning of 1914. Mala inhabitants
were more numerous than female by
about 32.000.
New Year's Oregonian
Annual Number, Jan. 1, 1917
Will be the most interesting and complete edition ever published. Yon
will want to send copies to your friends in the East On sale Monday,
January 1, 1917. Single copy 5c, postage 5c in United States and Pos
sessions; foreign 10c
Fill .out blank form and send to Oregonian office, Sixth and Alder Stn.
Name Street Town State
a i i im
m
' ' 1 1 1
THE OREGONIAN,
Portland, Oregon.
Gentlemen: Enclosed find , for which mail The Oregonian's New
Year's Annual to each of the. above addresses. (Enclose 10c for each address in
United States or Possessions, 15c for each foreign address.)
(Duplicate blanks may be had by calling, telephoning or writing to The Ora
gonian Circulation Department.)