19
THE SUNDAY OEEGONIAX, PORTLAND, FEBRUARY 4, 1917.
CORRUPT PRACTICE
LAW NOT VIOLATED
Newspapers May Carry Polit
ical Argument on Any
Election Day.
JUDGE GANTENBEIN RULES
Investigation and Presentment' by
Grand Jury Clears Vp Any Pos
sible Question as to Legal
Hlghts of Newspapers.
Circuit Judge Gantenbein yesterday
made a ruling- -which interpreted favor
ably to The Oregonian and other morning-
newspapers of Oregon their con
tention that the corrupt practices act,
which forbids electioneering or solici
tations of voters on any election day,
does not apply to newspapers.
It has been the practice of The Ore
igonlan and of other such newspapers
to publish news and pictorial matter,
advertisements and editorial comment
In the usual fashion on election days,
on the assumption and understanding
that it -was their constitutional prlv-ilege.-is
-well as their public duty. The
Journal, evidently Inspired by a pur
pose to prevent a morning newspaper
from having the supposed advantage
of the "last say," made frequent pro
tests In its columns and. recently took
Its complaints to the grand) jury of
Multnomah County. .
The grand- jury made a presentment
of the facts to Presiding Judge Ganten
bein. citing a suppositious case -and
naming a hypothetical newspaper, the
'Courier." all based upon the publica
tion by The Oregonian on November 7,
1916 (the day of the Presidential. Con
gressional and. state elections), of a
cartoon and! various news items, ad
vertisements and recommendations to
voters. An explicit ruling- by the judge
that the law had not been violated and
that The Oregonian (described, how
ever, as the "Courier" in the present
ment) was proceeding within Its rights
was the result. The judge so notified
the grand jury.
"Everybody would be Infringing the
corrupt practices act If held to the strict
letter of the law," commented Judge
Gantenbein. "It calls for a reasonable
construction and ot a narrow inter
pretation which, would render it ab
urd." John P. Logan intervened in behalf
of the Courier, the supposititious news
paper named in the presentment.
Opposing Brief Submitted.
."Under an interpretation of the law,
holding it to include newspapers, any
newspaper containing political discus
sion, no matter what its date of issue,
which arrived at the home of a voter
In any section of the state after 8
o'clock on the nrorning of an election,
would be guilty of a violation," argued
Attorney Logan.
Deputy District Attorney Hammersly
presented the desire of the grand jury
for interpretation of the law.
R. W. Hagood, attorney for the Ore
gon Daily Journal, which had accused
The Oregonian of violating the provi
sions of the act, submitted a brief In
the case favoring indictment of The
Courier, but did not appear for argu
ment. The law for which interpretation, was
Bought was section 3518 of Lord's Ore
gon Laws, holding that "it shall be
unlawful for any person at any place
on the day of any election to ask,
solicit, or In any manner try to induce
or persuade any voter on such election
day to vote for or refrain from voting
for any candidate .... etc."
Personal View Taken.
In the argument of Mr. Logan, It
was pointed out that this section was
never intended to apply to newspapers,
as it referred to "persons," contem
plating personal contact between the
unlawful actor and a voter, whereas in
other sections of the same act provi
sions affecting newspapers were
plainly and specifically worded so as
to include newspapers.
The "Courier" was printed, accord
ing to the presentment, at 2 A. M., and
the ast regular delivery was 6:30 A. M.,
after the stoppage of the press at 4:30
A. M. The publication was, therefore,
before the beginning of election day,
-which Judge Gantenbein held was from
8 A M. to 8 P. M. But the presentment
admitted that In some sections of Mult
nomah County the "Courier" did 4not
reach subscribers until after 8 A. M.
If the law applied to newspapers this
would have made the newspaper guilty
of a violation of every paper delivered
after 8 o'clock on the morning of elec
tion, pointed out Mr. Logan. Further,
he said. It would mean that a newspa
per containing election advice and news
printed several days prior to election
and delivered in Eastern Oregon coun
ties on election day would equally vio
late the law.
Decisions Are Cited.
That Section 3518 "would be irrational
and absurd if held to include newspa
pers, was the contention of Mr. Logan,
who was well fortified with ruling on
similar points in Oregon, in other states
and the United States Supreme Court.
Assertions of Mr. Logan, based on
court rulings, were the following:
"A thing may be within the letter
of the statute and yet not within the
statute, because not within its meaning,
nor within the intention of Its makers."
"Every case must come, not only
within the letter of the law, but within
its spirit and purpose as shown in a
rational construction of the law."
"Where the language of a statute Is
In any manner ambiguous or the mean
. ing doubtful, resort may be had to the
surrounding circumstances, the history
of the times and the defect or mischief
-which the statute was Intended to
remedy."
"All laws should Teceive a sensible
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r
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rectly upon the "tender spot" -and re
lief comes Instantly. "St. Jacobs Oil"
Is a harmless rheumatism and sciatica
relief which never disappoints and can
not burn or discolor the skin.
Limber up! Get a small trial bottle
from your druggist, and in just a mo
ment you'll be free from rheumatic and
sciatica pain, soreness, stiffness and
swelling. Don't suffer! "St. Jacobs
Oil" has relieved millions of rheuma
tism sufferers in the last half century,
and is just as good for sciatica, neu
ralgia, lumbago, backache, sprains and
swellings, Ad.
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construction. General terms should be
so limited in their application as not
to lead to injustice, oppression or ab
surd consequences. It will always.
therefore, be presumed that the Legis
lature Intended exceptions to its lan
guage which, would avoid results or
this character. The reason of the law
in such cases ehould prevail over the
letter."
Missouri Case Cited.
"When the language of the Legisla
ture is fairly susceptible of two dif
ferent meanings, that one ehould be
preferred which excludes and prevents
mischievous and unjust consequences."
"The Supreme jCourt of Missouri, in
passing upon the corrupt practices act
in that state . . . held that an act,
although within the letter of the law
was not denounced by its spirit and
therefore no crime was committed."
The grand jury presentment follows:
In the Circuit Court of the State of
Oregon for the County of Multnomah
In the matter of a presentment by the
December, 1916, grand jury to the Hon
orable C. U. Gantenbein, Judge of said
court:
We, the grand Jury of the county of
Multnomah, state of Oregon, for the
Decenrber, 1916, term of court, being
In doubt as to whether certain facts
as shown by the evidence now before
us constitute a violation of section
3518, Lord's Oregon Laws, do respect
fully present the following facts and
request your honor to instruct us as to
whether or not they constitute a viola
tion of said section:
The "Courier" is a newspaper of gen
eral circulation In the county of Mult
nomah, state of Oregon, and Is pub
lished and circulated among its readers
and subscribers in the city of Portland,
county and state aforesaid, daily. The
said paper is printed each day at about
2 A. M. ; it leaves the press about 4:30
A. M. and the last regular delivery
thereof occurs at about 6:30 A. M. of
each day In the city of Portland, and
after 8 o'clock in some parts of Mult-
noman county.
November 7, 1916, was a day upon
which a general election was held in
the state of Oregon, and on said day
candidates for the offices of President
of the United States. Representative in
Congress from the Third Congressional
District in the State of Oregon, Secre
tary of State and other Federal, state,
district and county officers were voted
for; and also at said election certain
measures submitted to the people were
to be voted upon.
In the issue of said "Courier" of No
vember 7, 1916. printed, published and
circulated at the hours above stated,
the following cartoon, news Items and
paid advertisements herein marked ex
hibits "A." "B" "C" "D" "E" and "F"
appeared. Dated this 26th day of Jan
uary, 1911.
Respectfully submitted.
G. A. TAYLOR, foreman.
ED. H. BULLIVANT,
GEORGE RETZ.
JOHN G. TRACY,
C. H. ENQUIST,
CHARLES W. DANIEL,
MARTIN R. HYBARTSON,
December, 1916. Grand Jury.
THRIFT DAY IS OBSERVED
BANKERS BELIEVE EDUCATIONAL
CAMPAIGN IS FURTHERED.
Many Portland Minister 'Will Discuss
Snbject Today Savings 'Bank
Is 100 Yean Old.
Thrift day was observed throughout
the country yesterday the 100th anni
versary of the establishment of the
first savings bank. Tnere was no for
mal programme In observance of the
day in Portland. The Portland, school
children on Friday heard special papers
on the meaning of thrift, and many of
the ministers will discuss the subject
at the morning church services today.
Members of the thrift committee of
the Oregon chapter of American Insti
tute of Banking believe that the edu
cational campaign carried on for the
encouragement of thrift will produce
substantial results.-
"Thrift brings people together in a
better understanding, and if better un
derstandings are the result of Thrift
day, a big constructive factor is de
veloped." said a member of the com
mittee. "When everybody registers one
little action in the way of a thrift hab
it In the aggregate for our whole coun
try it runs into such stupendous fig
ures that we all are astonished.
"For every American to start on
Thrift day a thrift habit that might
represent only $1 saved either through
the reduction of waste, increased con
servation, saving of time or what-not,
it would mean an aggregate of at least
100,000,000 added to our resources.
"There is a lot of inspiration lit join
ing the multitude, especially if all are
going to benefit.
, "Have you decided on your thrift ac
tion for Thrift day?
"It will make every day thereafter
more thrifty. The best habits we ever
form have small beginnings.
"Thrift day will stand out as a red
letter day In the lives of many individ
uals. "Thrift day Is a day for thought and
action."
POLK ASKEDT0 BACK SPAN
Mass Meeting Wants Court to Take
State ' Engineer's Advice.
SALEM. Or., Feb. 3. (Special.) But
little mention of county division was
made at a mass meeting of the people
of Eastern Polk County at West Salem,
but resolutions were adopted urging
that the Polk County Court fall in line
with the recommendations of the State
Highway Department oh construction
of an inter-county bridge across the
Williamette River here.
The department recommended a steel
bridge, which meets approval of the
Marion County Court, but is opposed
by the Polk County Court, which de
clared in favor of a concrete struc
About 250 persons - attended the
meeting today, ,
MEDICAL CENTER UP
Architects Complete Plans for
Proposed Buildings.
MARQUAM HILL, TO BE SIJE
On Tract'Would Be Grouped Varsity
Medical School. Private Hospi
tals and Possibly . New
County Hospital.
Plans which should make the pro
posed medical center on Marquam Hill,
where will be grouped the University
of Oregon Medical School, private hos
pitals, and possibly the county hos
pital, the best-located and finest
equipped home for medical science in
the Northwest has been completed by
the architects.
The medical school would have the
dominating position on the bluff, and
would be flanked by the other hospitals.
The offer to Multnomah County is a
free grant to a large tract on this site,
where the new county hospital, for
which $100,000 has been appropriated
in the county budget, could be erected.
Heights Location Urged.
Taxpayers in. general have- received
the offer with enthusiasm, and Dr. K.
A. J. Mackenzie, dean of the medical
school, hopes that public opinion will
change the determination 'of two
County Commissioners to build the new
hospital ' on the site of the old one in
South Portland.
The advantages of the location on
the heights have been pointed out in
detail. The position could not be more
healthful. The splendid laboratories of
the medical school would be available
to the hospital, and the poor of the
county could have advantages which
only the rich can now afford.
There is a macadam road to the
medical center site now, and its im
provement would be at small cost. In
creased cost of construction for a hos
pital located on Marquam Hill could be
more than overbalanced by the sale or
rental of the present hospital property
at Second and Hooker streets by the
county.
Space la Adequate.
On the grant offered there would be
room for the expansion necessary vith
Portland's growth, and also for tuber
culosis cottages and isolated buildings
for contagious diseases.
Banks Gives $ 2 5 O to Hotel men.
- The total contribution of banks in
the Portland Clearing-house Associa
tion to the hotelmen's fund, which is
CLEVER LITTLE GIRL WHO
MADE HIT AT PRESS
CLUB JINKS.
,0? -'
3
" is
! 1
J
Roma Frances GlUlhan.
Little Roma Frances Gillihan
scored a triumph at the Portland .
Press Club jinks Friday night.
Her readings were exceedingly
clever. The first piece recited
was "Why Jim Forsook the
Ministry." "The Dog on the
Lobster" also drew applause.
Roma Frances Gillihan is only
eight years of age and is the
daughter of Mr. and Mrs. George
W. GiDIhan, 1036 East Salmon
street. She has been reciting
since four years of age, and never
took a lesson. Miss Gillihan haa
appeared on a good many pro
grammes and always is ,appre
ciated. She attends the Sunny
side School.
being raised for the fight on the $17.50
railroad fare differential was $250, as
announced-yesterday by E. V. Hauser,
treasurer of the fund. Through error,
it was originally announced that this
contribution had come from the Cana
dian Bank of Commerce.
REMARK CAUSES TROUBLE
City Employe, Said to Have Criti
cised President, Denies It.
A near-riot broke out at the Russell
street branch office of the water bu
reau yesterday morning, when H. Feper,
a utility man, on hearing of the break
with Germany, was understood to have
exclaimed: "I hope President Wilson
gets the first bullet." Eye witnesses in
formed , Water Superintendent Kaiser
that John Mclntyre, a carpenter of the
bureau, threatened to attack. Peper.
Superintendent Kaiser has ordered an
investigation and written report on
what occurred. Mr. Peper last night
declared he did not make the remark
attributed to him. "1 simply said that
I had heard someone else declare that
he hoped the President would get the
first bullet," he said. -
"I am an American citizen and the
sentiment is by no means shared by
me. It was a chance remark I heard on
the street and did not understand at
the time, as I did not know that re
lations with Germany had been broken
off." ' '
MURDERED- KNOWN , HERE
Gladstone Stevens and G. S.' Miller
Attended Portland Schools.
For the alleged killing of his dog,
George S. Miller and Gladstone Stevens,
forriler residents of this city, were slam
in West Gallatin Canyon, near Boze
man. Mont., last Monday, by. Andrew
Levlnski, a prospector, who is thought
to be demented.
Mr. and Mrs. J. D. Stevens, parents
of Gladstone Stevens, live at 1746 East
Twenty-third street. He was a grad
uate of the old Portland High School in
1904, and was formerly a member oz
the Portland Rowing Club. He was 35
years old and leaves a widow.
George S. Miller was the son of Mr.
and Mrs. J. M. C. Miller, of Sandy, and
a brother-in-law of Attorney J. M.
Joyce. He is survived by a widow and
three children, who live at Salesville
Mont.
CARRIER HIT; MAIL FLIES
C. C. Do Vail Knocked Unconscious
by K. A. Hill In Anto.
C. C. DeVall. a mall carrier, of 544
Williams avenue, was knocked down
and rendered unconscious yesterday on
the Mississippi-avenue hill by an auto
mobile driven by R. A. Hill, of 1334
Commercial street. Mr. Hill conveyed
Mr. DeVall to his home. . His Injuries
are not thought to be serious.
When struck by the car a large quan
tity of mall. Just collected by the car
rier, was scattered about the street.
Patrolman O. Nelson and the driver
picked it up and returned it to a branch
postoffice.
Thej driver says that the mailcarrier
became confused.
RANGER'S WORK DESCRIBED
A. G. Jackson, of Forest Service,
Gives Illustrated Lecture.
"The Work of a Forest Ranger"
formed the subject of an illustrated
lecture delivered at the Young Men's
Christian Association Jfrlday night by
A G. Jackson, head of the educational
department of the Government Forest
Service here. - .
The lecture by Mr. Jackson opened
a series to be given there. Some of
the romance as well as some of the
hard work, which falls to the lot of
the ranger was told by Mr. Jackson.
One of the pictures showed a Doug
las fir tree 18. feet in diameter, which
is 'said to be the largest of that va
riety known. It is 'in Clallam County,
Washington.
STATE BIRTHDAY PLAN SET
-
Sons and Daughters of Pioneers Ar
range Patriotic Banquet.
Admission day, the anniversary of the
admission of Oregon as a state, will
be celebrated Wednesday night. Feb
ruary 14, by the Sons and Daughters
of Pioneers a meeting at the Imperial
Hotel decided yesterday. It was de
cided to hold a dinner at that .time.
Members of the organization, their fam
ilies and invited friends will attend.
A programme of a patriotic character
will be prepared.
Forest Grove Babe Scores 100.
FOREST GROVE. Or., Feb. 3 (Spe
cial.) At the eugenic contest held in
Portland this week. Opal Virginia, the
-months-old daughter of Mr. and Mrs.
E. T. Tucker, of this city, scored 100
per cent. Air. Tucker is proprietor of
a local garage and the baby has had no
unusual care, nor has it been given any
special treatment. -
Burglars Rob W. Oleben's House.
Burglars last night entered the home
of W. Oieben, 580 East Twenty-sixth
street North, by breaking a window
pane with a rock and then unlatching
the window.. The thieves obtained a
suit of clothes, an overcoat and $5 in
cash. Detectives Goltz and Howell In
I'ppcr Un
Left
Iverslty of Orteon Medical
Private Hospital In Center.
Sc-hool at Rigkt County Hospital at
Lower Ground Plan of Buildings.
ROAD PLAN LAID OUT
Linking of Systems of Three
States Asked at Pasco.
EVERGREEN ROUTE URGED
Yellowstone Trail Advocated as of
Great Military Importance, Con
necting East and "West With
"World's Bread Basket."
PASCO, Wash., Feb. 3. (Special.)
The last day's session of the joint
meeting of the Tellowstone Trail Asso
ciation and the Interstate Highways
Association convened this morning at
9 o'clock.
With the exception of J. W. Pharley,
president of the Tellowstone Trail
Association, and H. D. Cooley, secre
tary of the same organization, all dele
gates and members of the two asso
ciations have reported their attendance,
which is far in excess of estimates
heretofore made.
Proposals Are Adopted.
The credentials committee and com
mittee on by-laws of the Interstate
Highways Association appointed at
Walla Walla. Wash., December 15 last,
submitted the following proposals,
which were adopted by the convention.
The working out of a connection be
tween the highways systems of Mon
tana, Idaho and Washington by way
of the Lolo Pass and the Lewiston
Gateway; the completion of the Inland
Empire Highway of the state of Wash-
YOUXC PORTLAND WOMAN
AVILK BECOME MOVIE
ACTRESS.
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Davles Photo.
. Miss Altaa Del Franco.
Mies Alisa Del Franco, a young.
Italian, woman of -Portland, will
leave this week for California.
- After a visit in San Francisco she
will go to Southern California to
enter the movies. She Is popular
among her friends, who enter
tained for her recently.
ington, to be connected with the Idaho
Montana highway systems at Lewiston;
the promotion of construction of an all-year-round
route to the Pacific Coast as
soon as practicable; generally, the co
ordination of highway construction of
Montana. Idaho and Washington, so as
to procure the most practicable and
serviceable interstate trunk lines, to
procure the construction of such high
ways within the state as may be prac
ticable and necessary connections with
trunk lines and generally "to co-operate
with Federal, state and local of
ficials and with other highway or
ganizations in the adoption of a wise
ly planned and broadly conceived in
terstate highway policy.
Short Route Proposed.
The Evergreen Highway, which is
proposed by this organization, is the
shortest route between Spokane, Lewis
ton, Portland and San Francisco. It
emerges from the Palouse country,
passes through, the valleys of the
Tucannon and the Touchet, to the
scenic Columbia at Pasco-Klennewlck,
enters the Yakima Valley by water
grade between canyon walls of the Co
lumbia to Portland, the bathing
beaches of the Pacific and connecting
with the Pacific Highway, Olympla
High-way and the National Parks High
way. '
The Tellowstone Trail Association Is
a body organized like a commercial
club or chamber of commerce, and de
pends solely upon public spirit of the
communities for the support necessar
to keep an all-year-round activity on
a broad enough basis to serve its
clientage. This association proposes an
organized effort to encourage the build
ing and maintenance of a public high
way from Plymouth Rock, on the At
lantic Coast, to Puget Sound, on the
Pacific, known as the Tellowstone
Trail.
Trail to Be Advertlaed.
In order to accomplish this purpose
it proposes to procure the expenditure
of public money on its line of highway,
to protect the location of the route,
to keep it well marked, to advertise it
to the world, and to provide the agency
through which communities, counties
and states can unify.
This highway will connect the heart
of the manufacturing region in the East
with the best of the Central states, the
"bread basket of the world." in the
Northwest, scenio America in the,
northern Rockies, the three greatest
National parks, Yellowstone, Glacier
andi Mount Rainier, and the Pacific
Coast.
The fastest time by automobile ever
made across America was made on this
highway, by automobiles carrying a
message of the- United States War De
partment from Plymouth Rock to
Seattle in Senjtember, 1916, 3754 miles
In 121 hours 12 minutes, time taken
by the United States Government at
each end. It is conceded to be "of great
military value. More than $3,000,000
was spent in improvement on this high
way in 1916, and three times that
amount will be expended in 1917.
The bill, which passed the United
States Senate last night, granting to
the state of Washington 500,000 acres
of unreserved non-mineral surveyed
public lands, the proceeds of which are
to be used in the building of wagon
roads throughout the State, is entire
ly in harmony with the general good
roads movement, and it is expected that
the major portion of the proceeds real
ized from the sale of this land will go
to the construction and maintenance of
the Interstate Highway and the Yel
lowstone Trail.
FACTORY TO CHANGE HANDS
S. A. Back & Co., of Eugene, to
Operate North Bend Plant.
NORTH BEND. Or.. Feb. 3. (Special.)-
It was reported here S..A. Buck
& Co., operators of a box factory at
Eugene, have arranged to take over the
box factory at this city owned by the
Southern Pacific Railway Company.
The Buck company has contracts suffi
cient, it is said, to warrant a year's
steady run. The plant includes a
veneer department and machinery for
the manufacture of boxes.
The lessors of the factory announced
that if they should locate on Coos Bay
they would add several new manufac
tures to operations, including as the
principal .one veneer for light boxes
and packages.
Lewis Wants Kindergartens.
CENTRALIA. Wash., Feb. 3 (Spe
cial.) Under the direction of local
parent-teacher associations petitions
are. being cliculatea here favoring, the
ZZ Largest Diamond Iealer In Oregon.
884 Wash. St.. Opp. Owl Drug Go.
Fniiiimmmiimmiimmimiiimmmiik.
Campbell Hill Hotel I
741 -Vanhlna-ton Street. m
Alain 751. '
I Sunday Dinner I
Feb. 4, 117, 5 F. M. to 7 P. l.
Grapefruit.
Queen Olives.
Cream of Noodle Soup.
Cranberry Sherbet,
Sirloin Steak. French Fried
Potatoes.
Roast Chicken with Dressing and
Mashed Potatoes. '
Creamed Celery.
Popovers.
Spiced Whole Pear Preserves.
Hot Mince Pie.
New Tork Ice Cream. Cake.
Crackers. Cheese. Coffee.
MUSIC m
2 Weekday Dinner 40c I
passage of the bill introduced in the
State Legislature providing for the
maintenance of a kindergarten depart
ment in connection with the public
schools of the state. The petitions,
which are being generously signed,
will be forwarded to Lewis County's '
legislators at Olympia when they are
completed.
35 Trains Snowbound.
CHETENNK. Wyo., Feb. 3. Thirty
five Union Pacific trains are help up
on lines in Wyoming awaiting the lift
ing of a blockade east of Laramie.
Wyo., where several hundred men are
attacking the snow drifts in an effort
to clear the tracks.
CAN
T BEAT "TIZ"
WHEN FEET HURT
4Tiz" for Sore, Tired, Puffed-up,
Aching;, Calloused Feet
, or Corns.
"Sural I use TTZ
every time) for any
foot trouble."
Tou can be happy-footed in a mo
ment. Use "TIz" and never buffer with
tender, raw, burning, blistered, swollen,
tired, aching feet. "Tlx" and only "TIz"
takes the pain and soreness out of
corns, callouses and bunions.
As soon as you put your feet in a
"Tlx" bath, you just feel the happiness
soaking in. How good your poor, old
feet feel. They want to dance for joy.
"TIz" is grand. "TIz" Instantly draws
out all the poisonous exudations which
puff up your feet and cause sore, in
flamed, aching, sweaty feet.
Get a 25-cent box of "TIz" at any
drug store or department store. Get In
stant foot relief. Laugh at foot suffer
ers who complain. Because your feet
are never, never going to bother or
make you limp any more.
BREAKS h
COLD lit
A HURRY
Tape's Cold Compound"
is pleasant and affords
instant Relief.
A dose taken every two hours until
three doses axe taken will end grippe
misery and break up a cold. ,
It promptly opens clogged-up nostrils
and air passages in the head, atopa
nasty discharge' or nose- running, re
lieves sick iieadache. dullness, feverlsh
ness. sore throat, sneezing, soreness and
stiffness.
Don't stay 'uffed-up! Quit blowing
and snuffling! Ease your throbbing
head! Nothing else In the world gives
such prompt relief as "Pape's Cold
Compound," which costs only 25 cents
at any drug store. It acts withoat
assistance, tastes nice, causes no Incon
venience. Be sure you get the genuine.
Pou t accept, something .else.