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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Nov. 30, 1919)
TIIE SUNDAY OREGONIAX. PORTLAND, XOTE3IBEK 30, 1919. 11 H T TO TEST E BY OLCOn Jackson District Attorney to Institute Proceedings. BROWN GIVES OPINION Second Request for Settlement of Governorship Question Brings Promise of Action. and Glen R. Watson of Fife request permission to enlarge the McGilchrist reservoir for the storage of 80 acre feet of water and the appropriation of this water for the irrigation of sev eral small tracts of land. C. L. Holliday of Klamath . Falls asks for the approprition of water from Klamath river sufficient to ir rigate 231 acres of land near Klamath Falls. The Plevna District Improvement company of Klamath Falls also asks appropriation of water from Klamath river to irrigate a tract of land esti mated to contain 570 acres. Nellie M. Boss of Marshfield has filed application for permission to ap propriate water from three small streams for irrigation purposes. Zella McMullen of Drewsey has also filed an application which asks for the appropriation of water from the middle fork of the Malheur river for the irrigation of a small tract of land. T BARES PLOT OF Governor Exposes Effort to Oust Commissioner. ROSEBURQ, Or.. Nov. 29. (Special.) Mandamus proceedings to settle the question as to whether Governor Ol cott is to serve out the unexpired term of the late Governor Withycombe or to hold the office merely until the next regular election will be insti tuted at once by G. M. Roberts, dis trict attorney of Jackson county, ac cording to an announcement made by Attorney-General Brown tonight. The step to settle the maUer was announced, as the result of a written opinion submitted by Mr. Brown in substantiation of a former request to District Attorney Roberts that the issue be put before the supreme court for final decision. The opinion given by Mr. Brown in advising the proceedings was as fol lows: "The purpose of this letter is to confirm in writing a request I made of you recently to institute proceed ings in the supreme court of the state r,r nrftrnn for the Dumose of settling and determining the question whether or not there is to be a governor elect ed at the next regular election. Mandamus Previously Asked. "I had hoped that the question as to whether or not a governor was to be elected in 1920 would be settled in the case of Olcott versus Hoff, an original proceeding in mandamus in stituted for that purpose. "in a. brief that I filed in the su pre me court in that case I said: 'It this court does not at least pass upon the question now, it must do so later. At least 45 days before the next pri mary nominating election it becomes the duty of the secretary of state to . furnish to each county clerk a state ment showing the several state and district offices for which candidates are to be chosen. In the event that it has not been determined by opinion of this court that Governor Olcott is to fill the unexpired term or gover nor Withycombe, the state will insti tute mandamus proceedings aB in the case of State ex rel. versus Ware, 13 Oregon, 380, for the purpose of set tling the question by decision of this court.1 "On November 4, 1918, the late James Withycombe was duly elected gover nor of the state of Oregon and there after qualified and entered upon his duties as such governor, which office he filled until the date of his death. On November 7, 1916, Ben W. Olcott was duly elected secretary of state. "He duly qualified and became and now is the duly elected, qualified and acting secretary of state of the state of Oregon. On March 3, 1919, Gover nor Whithycombe, Oregon's great war governor, was removed by death from the executive office, which he filled with great credit to his friends, him self, he state and. the nation at large. t' . Slier?-.. Ion to Office Viewed. "Because of the death of Governor Withycombe and. by virtue of the constitutional provision, section 8 ot article V of the constitution of Ore gon, the office of governor devolved upon Ben W. Olcott, secretary of state. Governor Olcott Is now serv ing the state of Oregon as a de jura governor as well as its de jura sec retary of state, and is performing the functions of the two separate of fices. "In the case of Chadwick vs. Ear hart, 11 Oregon 389, it was held by the supreme court of this state un der the provisions of said section 8 of article V, that when the governor resigns, the duties of the office de volve upon the secretary of state, who continues to fill the remainder of the unexpired term of the outgo ing governor. "The attorney-general's office In advising Governor Olcott, as well as deputy Secretary of State bam Kozer, was guided by the holding of the supreme court of this state in Chad wick vs. Karhart, supra, and there fore we advised that Governor Olcott is governor in fact and that he is entitled to kerve the full terra for which Governor Withycombe was elected. Court Opinion Is Cited. "As the interpretation of the provis ions of section 8 of article V now stands, it not having been overruled. Governor Olcott is entitled to fill out the unexpired term of Governor Withycombe, but the opinion of the court in Chadwick vs. Earhart. supra. has been questioned by two of the justices. "Whether Governor Olcott Is to fill out the unexpired term of the late Governor Withycombe, or whether he is to serve until a successor is elected in 1920, is a matter in which the pub lic is extraordinarily interested. It is a public question and it is the duty of the law officers of the state to take the matter into the courts and have it determined. The office of governor is the most important of all state offices, and there should be no question concerning his legal hold upon the office. "The deputy secretary of state is certifying, as provided by statute, a list of the officers to be nominated at the primary election next May, and sending such list to the county clerks of the state. "I will add that such certification is in acordance with an opinion I have rendered the office of the secretary of state, and the proceedings that I am advisiiy? you to institute are not contrary to the wishes of Governor Olcott. Upon the other hand, he has often expressed himself as not only wiling but anxious to have the matter of his tenure of office as governor adjudicated by the highest court of the state." EARLY SIGXIXG OF AMERICAN- CAXADIAX PACT EXPECTED. HEW FISH TREATY READY Agreement to Run for 15 Years With Privilege of Renewal; Closed Season Is Fixed. OREGONIAN NEWS BUREAU. Wash ington, Nov. 29. A new American- Canadian fisheries . treaty has been prepared, following recent sessions of the joint international fisheries con ference. Early signature is expect ed by both governments. While the draft of the treaty is held secret, its general effect has become known. The treaty is to run for 15 years, with the privilege of renewal, accord ing to information which toenator Jones has been permitted to divulge to the fishing interests. It atfects halibut fishing and reciprocal port privileges in the north Pacific and lobster fishing In the north Atlantic. Its provisions are to be enforced under the direction of the interna tional fisheries commission created by the sockeye salmon treaty, which is now pending in the senate. An an nual closed season for halibut from November 16 to February 15 is pro vided, beginning November, 1920 The closed season does not prevent Canadians or Americans fishing in the north Pacific for other fish dur ing that period, but it is provided that any halibut caught incidentally must be sold fresh at the landing port., or canned or cured at such port. Another provision prohibits the ship ping from any port of fresh halibut during the closed season. The treaty binds both the United States and Can ada to levy no customs duties on ship ments of fresh fish, including froz en fish. STORMS DELAY TRAINS HREATS PART OF PLAN Drifting Snows In Mountains Pnt Schedule Out of Kelter There was no serious impairment of service on the railroads in the Pacific northwest because of the storm period of the past week, but 'transcontinental trains were delayed in the Rocky mountain region and on the great plains. Reports received at local of fices of the railroads were that con siderable delays were caused by drift ing snow in the Dakotas, Montana, Wyoming, Colorado and in Kansas and Nebraska, in the first phase of the storm, followed by intense cold. Owing to the low temperatures that have prevailed during the week, un usual caution was necessary in the operation of trains and the delays were largely incident to the resultant effects. Train No. 17, of the Union Pacific system lines, due in Portland at 7:30 P. M. Friday, did not arrive until noon yesterday and No. 19, due Executive Tells 'Financial Return' Is Intimated by Men Who Ap proached Ilim on Subject. TACOMA, Wash., Nov. 29. How Governor Hart was approached with an offer of "strong financial return' if he would discharge State Highway Commissioner James Allen and how the proposal also carried with It a threat fi he did not, was disclosed In letter from the governor to the Automobile Club of Western Wash ington, made public tonight. The governor in his letter mentions highways in this county on which paving contracts amounting to (2,500, 000 are to be let from a fund created by a bond issue recently voted upon tavoramy oy the taxpayers. Not once, but upon different occa sions the governor was approached, he writes, and charges that the same persons who made this "intimation declared that the reasons why such a cnange In the highway department waB desired were given as "it would mean a change in the specifications for state highways and permit the use of a certain type of paving. Governor Tells of Pressure. Governor Hart's letter in part says "Supplementing our conversation of a few days ago, I beg to advise you that on different occasions several of my acquaintances and more or less close friends have intimated to me. In rather forceful language at times. that the personnel of the highway commission ought to be changed and that such a change might reasonably De expected to result in strong nnan cial returns to me; particularly if it wouia mean a cnange In the sped ncaiions lor state highways. Threats Are Recounted. "I also have been advised on several occasions as to what I might expect in tne way or propaganda and news paper publicity in case I refused to act upon these suggestions. "That I in each instance promptly closed tne interview when these sug gesuons were maae ana declined comply with their desires, is a fact patent to anyone who knows me. Pos sibly when I retire from office my iormer menus may feel somewha chagrined at the weakness and in efficiency of my governmental noil cies, but none of them will ever have reason to question my integrity doubt the honesty of any appointe of mine." COAL DEALER ARRESTED Federal Authorities Hold Spokane Man as Profiteer. SPOKANE, Wash., Nov. 20. Frank H. Benton, a local coal dealer, was arrested today by federal authorities and bound over to the federal grand jury on a charge of profiteering In coal. It Is alleged that after the be ginning of the soft coal miners' strike Benton jumped the price of coal i sacks from 50 cents to 70 cents i then to 75 cents. If the purchaser furnished the sack, and 85 cents if the dealer furnished the sack. Witnesses at the hearing before at 3:30 P. M. yesterday, did not arrive , United States Commissioner Dirks icaiuiea cne sacKB neia only su pouna of coal. until 7:30 last night. CARLISLE LEAVES CARD Train Robber Drops Line to Chief Anounciug Arrival. . A letter purporting to have been written by "Bill" Carlisle, daring hold-up man and train robber, was received yesterday by Chief of Police Jenkins and announced the arrival of Carlisle in the city. "Seattle is quiet; Portland is dead," the letter, written in a good hand, declared. . Whether or not Carlisle is or was in Portland, however, is speculation, as it is the belief of many that prac tical jokers are at work. Carlisle became famous because of daring hold-ups of Union Pacific trains in Wyoming after an escape from prison. A man signing himself "Robin Hood" and declaring himself to be a crook also wrote a postcard to Chief Jenkins. "I am leaving town. Thanks for the rest," he said. HIGHER CARFARE GRANTED Lewiston-CIarkston Company Per mtted to Raise Rates. BOISE, Idaho. Nov. 29. (Special.) The public utilities commission today granted the Iewlston-Clarkston Tran sit company permission to increase it: fares from 5 to 7 cents to all passe gers and charge 6, cents for tickets in blocks of four or more. This line does an interstate bust ness between Clarkston, Wash., an Lewiston, Idaho. Five Below at Cove. COVE, Or., Nov. 29. (Special.) After a series of fine autumn days in Cove and vicinity a violent all-day wind storm from . the north ran the mercury down to 12 degrees Wednes day and down to 5 degrees below Thursday morning, which means all non-protected fruits, vegetables and plants are frozen. The few head of stock that were snowed in in the mountains perished within 48 hours. Seattle to Observe Founding. SEATTLE, Wash., Nov. 29. Pla for elaborate exercises to be held De cember 2 to observe the 50th anni versary of the incorporation of Se attle, were announced today by special committee of the city council. The chief feature of the celebratio will be a mass meeting of citizens which a number of the pioneer foun ders of the city will be present, it was announced. or - . - . w -v y - ..g&u v I l 1 1 f' '"' " " " The finest violins in the world were made in Cremona, Italy, three years ago. Mountain spruce was used the same kind of long-fiber spruce that grows in the mountain forests of Oregon and is used to make the sound chamber of the Cremona phonograph. This Cremona sound chamber is not a new invention; it is the application of an old, proven principle of harmony. The resonator is built entirely of spruce and attaches directly to the tone arm. There is no metal in the sound chamber to give out harsh tones. ' . ' Cremona plays all makes of records. Call and make the "blindfold test" let your ear and your sense of harmony select your phonograph. Place an order today for your Christmas Cremona, if you would be sure of your favorite model, and we will arrange for Xmas delivery. WAKEFIELD MUSIC COMPANY 427 Washington St., Portland, Or. USE OF WATER SOUGHT PORTLAND MAX HAS PROJECT OX ZIG ZAG RIVER. Slate Engineer Receives Several Otber Applications for Appro priation From Streams. SALEM, Or.. Nov. 29. (Special.) Joseph K. Keep or Portland has filed application with the state engineer here for the appropriation of water from Harney creek for the develoD- ment of 1034 theoretical horse power at the headwaters of Zig Zag river. Squire S. Aiken of Prospect has asked for the appropriation of water from-Mill creek, a tributary of Rogue river, for the irrigation of a small tract of land and for the operation of an hydraulic rani. Tom C. Wataon, David C. Watson . J Dancing TODAY Columbia Beach - 6:30 to .11:30 BUTTERFIELD ORCHESTRA Fine Floor. Beautiful Pavilion. Take Vancouver Cars. 5th, Broadway, Washington St. Every few minutes. z The Phonograph that Sings The Columbia Grafophone Co. Suceeds in Producing the Clearest Words on the Phonograph. Understand the Words of. Your Records. sg"The Columbia Grafonola Guarantee I Twenty yaars experience has Perfected the Grafonola beyond any doubt Grafonolas $25 and up Terms if Desired Select Yours Today! 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