TIIE SUNDAY OEEG ONIA2T, POKTLAXD, XOVE3IBER 30, 1919. STATE PROSECUTORS OREGON'S PROSECUTING ATTORNEYS BELIEVE RESTORATION OF GALLOWS A NECESSITY CHANCE FDR POETS HERE TO CHECK MURDER WAVE. OF E CONTEST FOR TOtXG VERSI FIERS AXOUXCED. 14 Walter H. Evans Calls for District Attorneys' Opinions. 1 OUT OF 26 IS OPPOSED Sentiment Throughout Oregon Now Calls for Capital Punish ment In Murder Cases. When Walter H. Evans, district at torney of Multnomah county, said yesterday that he was convinced he had made a grave mistake in voting for the abolition of capital punish ment in Oregon some years ago, his convictions were echoed by 25 prose cuting attorneys of the state in let ters lying on his desk, in at least one of which was the admission that the writer, also, had voted with the sentimentalists. Believing his own experience in the handling of criminals since the gal lows, was abolished to be typical, Mr. Kvans sought confirmation by writ ing a personal letter to every district attorney in the state asking views of the proposal to restore hanging. Twenty-six replies had been received yestenday, in which but one prosecu tor doubted the advisability of a con stitutional amendment restoring cap ital punishment and even he "admitted that his feeling against the death pen. alty was not as strong as it had been in the past. These expressions from state prosecutors familiar with crime and criminals add weight to the stand taken by the American Legion, Ore gon btate Bar association and other organizations which seek the return I the supreme penalty. Average Term Short. From five to eight years is the' average "life imprisonment" in Ore gon, pointed out air. ttvans in ex plaining his changed position on the question of capital punishment. Ha does not believe this to be sufficient penalty to pay for the taking of hu man life in cold blood. He thinks society is entitled to protection from early release of murderers following sentences or uie imprisonment. Hanging unquestionably would de ter the commission of murder in numerous cases, declared the district attorney. The Claremont tavern trag- eay ana tne Johnson slaying were cases in point. "When a man wantonly murders his benefactress or cruelly slays two citizens when on robbery bent, there is no penalty proportioned to such an offense except that the offender shall forfeit his life to the state," commented Mr. Evans. "The state ment in our constitution that all pen alties shall be proportioned to the offense is almost a paraphrase of the old Mosaic doctrine of an eye for an eye, and both of these rules are founded on the experience of centuries of human activities. "The highwayman whose code of morals is so slack that he can per' suade himself to undertake a career of robbery can easily satisfy his mind that in the emergency of the moment it is no worse for him to kill than for him to rob, the penalty in both in stances being life imprisonment. have no doubt that the highwaymen who held up the Claremont tavern recently so reasoned. Sensual Type Timid. 'The man who murders because of the influence of sex no doubt would be deterred by the dread of hanging. Ho usually is of a timid type, is sen sual in the extreme and the thought of cutting off his physical pleasures forever would go a long ways toward staying his hand. And finally, the man who murders in cold blood for felts his right to a station In society, because by his act he has shown him self to be a person who cannot exer cise the degree of moral self-control to entitle him to be at large in the community." Referring to the brevity of "life" terms in the penitentiary, Mr. Evans said, "We condemn the murderer to life imprisonment because he has for feited his right to mingle with the rest of his human kind, and we lose sight of the fact that in a compara tively short period of years the mur derer is again restored to his sta-l . tion in life, little benefited by his confinement and with no more power of self-control than be had when he committed his murder." A great deterrent force against murder was lost when the scaffold was abolished in Oregon, declared Mr. Kvans, saying that experience had clearly convinced him that he made a mistake In casting his ballot in favor of the amendment. Discretion Is Debated. In opinions which follow, state prosecutors are about evenly divided on the question of whether or not the discretion as to death penalty or life Imprisonment should be left to the jury in first-degree murder cases. The only officer heard from not in favor of restoration of capital pun ishment is District Attorney W. T. MUler of Josephine county, who de clared that he has not yet changed his mind regarding the need of death penalty though not so strongly opposed to it as he had been in the past. A district attorney who has ex perienced a change of heart since voting for the abolition or capital punishment is J. J. Barrett of Clat sop county. "While I voted for the abolition of the death penalty, I am very anxious to see it restored," he writes. "I am heartily in accord with the movement to initiate a constitutional amend ment for Its restoration, even in the modified form suggested, to-wit. leaving it optional with the jury to say whether it shall be inflicted in any particular case. I believe that we would have more likelihood of passing the amendment in this modi- tied form. Eugene and I-anc for Gallows. Sentiment in Eugene and Lane county is strong for the return of the gallows, in the opinion of District Attorney L. L. Ray. "X am of the opinion that the senti ment in this community is in favor o re-establishing capital punishment for first degree murder, and if the mat ter were put to a vote in this county at the next election it would carry, he says. "Personally I am, of course, decided in favor of such legislation." Francis V. Galloway, district at torney of Wisco county, woirld like to see capital punishment on the statute books but does not favor al lowing the Jury to determine whether or not a deah penalty be enforced. "I am in favor of reinstating capi tal punishment on the old basis," he writes. "Not being able to say how the federal law allowing the Jury to incorporate the death penalty as part of the verdict of guilty works out. I can only reason it out that such a provision would seldom be enforced by a Jury. My view is that the old arrangement, which made first de gree murder always include second degree murder, and consequently gave i - - i ?-.- ; y t Vs - t-r,.-,- hJ-Ph- WW ; -'M - mt . i i if i '4 3 Casla and Mercliandise Prizes Of fered for Best Productions of Local Students. School children of Portland are asked to co-operate in the "Universal Holiday Season" by participating in a prize poem contest for which cash and merchandise prizes aggregating more than 9300 are offered. Details of the contest were drawn up yesterday by the Greater Portland association. The Portland Parent- Teacher association has promised to co-operate. Mrs. Ed Palmer, president of the Portland Parent-Teacher association has named the following committee to have general charge of the judging: Mrs. J. F. Chapman, Miss Valentine Pritchard. Mrs. Lena Flaherty, Mn George G. Hoot and Mrs. George Downey. In addition to the cash prizes an nounced there will be many "honor able mention" prize awards In the contest. Following are the rules governing the contest: Poems muit not exceed 50 lines, legibly written or typewritten on one side of th sheet. On the first page at the head must be name, aye. grade in school, address and, if possible, telephone number or. contestant. Poems shall ba mailed to the office of the Greater Portland association, 502 Sell ing; building;, plainly marked on the out side of tha envelope "Universal Holiday Contest," Not more than one contribution from i Ingle person will be considered. The contest continues from now untl midnight, Monday, December 15, when U will be closed for judging;. Contributions received after that data cannot be con sldered. Prize awards will be made not later than Friday. December 19. Information ' concerning the contest can be obtained from the office of the Greater Portland association. Main 3603, the Unt versal Film Exchange, Broadway 5171, the local Parent-Teachers circle, or any store displaying the Greater Portland associa tion seal. Contestants will be in three classes Grade pupils op to the fifth grade lnclu sive; grade pupils above the sixth in elusive; and high school students. Prizes will be awarded as follows: Upper High Lower Grades. Grades. Schools. 1st prize, $20.00 cash $30.00 cash SAO cash 2d prize 12. ou mda 15.00 mda 20 mds. 3d prize 7.50 mds. 10.00 mds. 15 md 4th prire 3.r0 mds. 5.00 mds. " 10 md 5th prize 2.00 mds. 2.50 mda. 5 mds. the Jury the option of imposing death or life Imprisonment indirectly by its verdict, answered ail of the purposes of a law which gave the jury the right of assessing the death penalty directly as a part of their verdict." Hedges Favors Hansons;. "I am in favor of its restoration to our statute books,' and I think it was a mistake in repealing the capital punishment provision," declares Gil bert L. Hedges of Oregon City, dis trict attorney for Clackamas county. Jurors desire, the gibbet restored, according to T. S. McKinney, district attorney for Lake county. I had occasion to interview a number of the jurors in attendance at court on the subject of capital punishment and I find that there is considerable sentiment in favor of the enactment of such a law with the provision as suggested in your letter. Personally 1 am etrongly in favor of such a law and I believe all of the attorneys here feel about the way I do about it. From Sherman county. District At torney C. M. Huddleston writes: "The initiation of an amendment to the constitution to restore capital pun ishment will meet with my hearty approval." Roswell L. Coner, district attorney of YamhiH county, would leave the death penalty to the discretion of the jury. I have always felt tnat capital punishment should . not have been entirely abolished, but that there art many cases in which that penalty should be inrilctea ana am, 01 course, in favor of an amendment such as suggested in your letter," he asserts. Pardons Objected To. T would not object to keeping a man confined in prison the remainder of hi life for such a crime, if we were sure he would stay there, but the custom of pardoning and paroling of criminals has become so pro nounced that we cannot expect a man to remain in confinement any great length of time." T. A. Weinke, dlstrlcx attorney 01 Gilliam county, asserts that he be lieves sentiment has changed so that people are anxious to put a stop to the many murders tnrongnout. me state, and believe capital punishment to be the remedy. Max Gehlhar, district attorney of Marion county, is heartily in favor of the Idea and says: "Experience has shown that a man will not be kept in the tienitentlary for a very long per iod of time. The circumstances of the crime are soon forgotten and the public soon overwhelms the officers of the law with a maudlin sympathy for those in jail and .they are turned loose. I fail to see how the provisioa you suggest would change the results any. but it will probably be mere popular with some of th objectors." Samuel B. Notson, district attorney for Morrow county, is inclined to fa vor leaving it for the jury to decide on the ultimate penalty, but believes sentiment in his community to be strong for the restoration of the death penalty. . Malheur Believed Favorable. R. W. Swagler, prosecutor for Mal heur county, believes the amendment would carry by a substantial major ity, for 'I have had occasion to talk to several people who voted In favor of abolition of capital punishment and I find that they regret having done so. I do not believe the jury should be permitted to fix the pen alty, but that the law should be en acted In accordance with our former statute." "The normal balanced cltlsenship of this county would favor and strongly favor the restoration of capital pun ishment," writes Glen R. Metsker, district attorney from Columbia coun ty. "I have always been an ardent believer in the necessity for capital punishment. It should never have been abolished. In my judgment it would be unwise to leave the ques tion of death penalty to the discre tion, perhaps 'caprice would be a bet ter word, of a jury." Thcmgh heartily In accord with the return of the gibbet, A. J. Derby, prosecutor for Hood River county, doubts "the wisdom of amending our constitution to conform with the prac tice in federal jurisdictions, as a jury would often hesitate to recommend hanging where deserved, though on examination they might disavow any prejudice against it." "I have never favored abolishing capital punishment and am more con vinced than ever that our constitu tion should be amended po as to re instate it," writes DistrTct Attorney T. H. Goyne from Tillamook. G. B. McCluskey, prosecutor for Lincoln county, favors the plan and believes the district attorneys should take the lead in securing such a con stitutional amendment. have not changed my mind regarding it, he writes. "I have had four murder cases dur ing the term of my office, but in none of these cases have I felt that society would have been more amply pro tected than by giving the defend ants life terms in the penitentiary. I might say, however, that my feeling against capital punishment is not so strong as it has been in the past, as cases like the one which recently happened in Portland are almost enough to make me change my mind. but individual cases should not be considered in matters where the peo pie as a whole are concerned." Old I. aw -Best Bet." "I believe the law, as it was in this state prior to the enactment of the re cent constitutional provision abolish ing capital punishment. Is the best bet," writes District Attorney E. B. Tongue from Washington county. "If you leave it to the Jury to decide no body will ever hang. They will use that opportunity to shirk their re sponsibility." Though much in favor of hanging. District Attorney J. S. Hodgin of Union county would not leave any thing to option of the jury for he is "afraid that it would be, like the ju dicial parole, abused, Those with fam ily. pulL or with relatives would un questionably to a greater or less ex tent create sympathy, while the un fortunate without such Influence would suffer the extreme penalty." While favoring the restoration of the extreme penalty. District Attorney John F. Hall of Coos county does not think it a wise thing for the district attorneys to father the amendment in any way, "as they are supposed to be rather blood-thirsty." R. L Keator, prosecutor for Uma tilla county, has found an increase in murder in his county since capital punishment was abolished and a strong sentiment for its restoration. He would include a provision against pardoning any person convicted of murder in any degree. Linn Man In Harmony. After mentioning that he is in har mony with the movement. Gale S. Hill, prosecutor for Linn county. points out as of passing interest press report that the ex-convicts of Hamburg. Germany, have formed a society with various reforms in view. te first of which is to abolish capi tal punisnmenc Collier H. Bufflngton, district at torney for Curry county, declares him self greatly in favor of the change and expresses the belief that a large majority of the people in his com munlty feel the same way about it. Edward K. Piasecki, prosecutor for Polk county, favors the return of the gallows. Capital punishment would very probably serve to lessen the number of homicides in the state, believes Q, M. Roberts, district attorney for Jack son county, who would leave the man ner of punishment to the jury. A. D. Leedy. prosecutor for Grant county, believes some amendment should be made to the law "for the reason that proper punishment is not carried out to those guilty of delib erate murder." Crook Attorney Sympathetic Though intimating sympathy with the movement, wtllard H. Wirtx, dis trict attorney for Crook county, does not take a direct stand on the aues tion in his reply to the letter of Mr. Evans. W. T. Miller, district attorney for Josephine county. Is the only prose cutor with whom restoration of capi tal punishment In Oregon does not find favor, out of 26 replies received. "I have thought considerable con cerning the recent agitation to restore capital - punisluncni and, as yet. I G. A. WHITE STARTS ESST EX-ADJUTAXT TO "TRANSACT LEGION BUSINESS. Conference W1U Be Attended Washington to Sign Million More War Veteras. in George A. White, former adjutant- general of the state of Oregon, who returned to Portland several weeks ago from France, where he served in he American expeditionary forces with a commission as 'a lieutenant- colonel, left Portland last night for the east. Mr. White will first visit Chicago where he will attend to personal bus iness affairs, after which he will travel to Washington, D. C, where he will attend a conference on war risk insurance and another conference on the subject of beneficiary legislation in connection with the American Legion. Mr. White was accompanied on his trip east by W. P. La Follette of Eugene, state commander of the American Legion and national vice- commander, and Harry Brumbaugh, who was associated with Mr. White In France. Following the conference In Wash ington, Mr. White will go to Indian apolis, the national headquarters of the American Legion, where he- will aid in the organization for the second million members of the American Legion. While in Indianapolis, he will also attend a meeting of the board of directors of the American Legion weekly, of which board he is the managing director. Mr. White goes east at tne request of the officers of the American Legion who have requested that be aid them In the culmination of many Important subjects in connection with the Legion." It is probable Mn White will be in the east for several montns. Mr. White has no definite plans after his return to Oregon. Governor Olcott has proffered him tne return of his former position witn tne state military forces, but Mr. White has made no decision in this connection as yet, he says. No One Remedy Is Applicable to Every Hair and Scalp Trouble I base this statement on science and 40 years' study and researc work on conditions of the hair an scalp, says Prof. John H. Austin Chicago, the country's most widely known bacteriologist; hair and sca'lp specialist. Science has proved that different ailments of the hair and scalp require different treatments. The particular trouble with which your hair or scalp is afflicted must be known before it can be intelligent ly treated. For example, one person may require an astringent, another a healing ointment, another an antisep tic for an itching scalp (which is caused by vegetable parasites), and still another treatment to relieve an excessively oily condition. Prof. Austin says that using dan druff cures, tonics, mange cures, etc.. without the proper advice, is like tak ing medicine without knowing what you are trying to cure. with the aid of a powerful micro scope the exact cause of the trouble can be determined and we will tell each one what Is best to do In his or her particular case. During the past two years Prof. Austin has made thousands of free microscopic examinations of the hair and scalp of Owl Drug Co. patrons, and has on file hundreds of unsolicit ed testimonials. Both men and women are Invited to take advantage of a free micro scopic examination of the hair and scalp. Womel need not take down their hair. Office hours, 10 to 12 and 2 to 4. Private office, balcony Owl Drug Co.. Broadway and Washington. Adv. MOTEL PLAZA SAN FRANCISCO .... .ft ,vrjc2) 54 iv;'L CAR NEED DELAYS PACK McMInnvIlle Plant Has Thousands of Boxes Waiting Shipment. M-MIKN"V"ILLE. Or., Nov. 29. (Spe-j cial.) The packing plant of the Mc- i Minnville Fruit Growers' association, i now finishing the season s pack of more than 30 carloads of first-grade apples, has been obliged to curtail the work of caring for all the fruit pro duced in this vicinity, through lack of cars. The association now has on hand several thousand boxes waiting shipment. Most of the apples have been mar- iketed through eastern connections. One shipment, however, consisting of four or five carloads, was sent direct to New- Zealand. nil r isniiwgmiini!nnrfcsMsjBjniiiliMtn AT UNION SQUARE The Plata gives the best values in the three impor tant things in hotel ac commodations LOCATION SERVICE RATES European, from $1.50 up. Wjth bath $2.00 CARL SWORD, Manager HOTEL STEWART SAN FRANCISCO Stair Street, just off Union Square Famous tor good servic, eomtert ana (xetOeat cuisine at reasonabi, price. Ratos from $1.75 a Day Breakfast 40e and 75c Lunch 60c: Sundays 76c. Dinner 1.25; Sunaajs $1.60. Mrmtcipal Car Dne direct to deor. . Motor bus meets ssins and steamers. - A 'Three-Day Sale Monday, Tuesday and Wednesday Regular 75c, full-pound tins of the famous Owl 'Theatrical Cold Cream r r 1 Eirssw U 11 dpeaal It is hardly necessary to mention the Quality features of this splendid cleansing cream for it is well known as are the Owl Drug Stores in which it has been sold for many, many years. It is prepared in The Owl Laboratory positive evidence of quality and assurance of efficiency in use. The Owl Theatrical Cold Cream is a particularly valuable toilet aid in winter time. After a day in the open it should be used in place of soap and water for, applied with a gentle massage, it thoroughly cleanses rt ery pore and, at the same time, soothes and heals the irritated skin. The purity of The Owl Theatrical Cold Cream is clearly demonstrated by the fact that it never gets rancid. The last bit in the tin is sweet as the first you take from it. The special price 59c will be appreciated by thousands. Get yours Monday. BROADWAY AND WASHINGTON . Struplere, Manager Mail Orders Given Prompt Attention Keep Your Complexion Always Attractive Tl riND, rain, and the varying W temperatures of winter days are most trying to the complexion; nob so, however, to the woman who has learned to use that delightful and soothing medicinal toilet preparation, San tiseptic Lotion. Santiseptic makes a skin of velvet; to use it is a de light. You can obtain Santiseptic at any drug or department store. Ask for it by name: NEITHER PART NOR LOT In the Matter By Dr. JAMES E. TAL MAGE Of the Couaril of the Twelve, Chnreh of Jesus Christ of Latter-day Salnta Salt Lake City, I tan. Motet For free copies ot other articles of this aeries, send request to the author. Are You Ruptured? Do You Wear a Truss? For over fifty years we've given akIU. care and experience to the manufacture and fitting of every good device for the relief or correction of bodily defects. KEEP FIT Don't risk life, health and strength with, a. misfit W guar antee satisfaction. Call Write. Price I4at an AppLlcatlem. Woodard, Clarke & Co. w"o-Lark Bldr- Alder at West Park. I'OKILA.MJ. OB. The thought of enforced banish ment from home and loved ones is inexpressibly saddening. Think of being shut out from the companion ship we yearn for, excluded from the presence we most esteem, debarred from participation In worthy activi ties that might have been ours. It is sometimes worse to be shut out than shut in. The lot of the exile may be more grievous than that of the pris oner. Banishment Is part of the doom of unregenerate souls. The Savior illus trated this fact by an expressive par able. You know the story of that little company of girls, all ready, as they thougrht, to take their places in the wedding procession, and fully expecting to enter the house of srladness alone: with the other hon ored guests of bridegroom and bride. According to the olden custom, the festivities were appointed for the night time, so that torches and lamps could be used to good effect in add ing brilliancy and beauty to the scene. When, at midnight, the heralds an nounced the aDDroach of the marriage I party, the ten virgins, aroused from drowsiness, eet about to trim their lamps. Half of them were prepared with oil for replenishment; the other five found themselves without oil. While the improvident maidens were in quest of oil, the wedding party passed into the house, and the door was shut against all tardy comers. In time' the unwise virgins arrived, and called from without, pleading for ad mittance: "Lord, Lord, op- to as. Bat he answered and said. Verily 1 say onto you, I know you not." (Matt. 25; also Doctrine and Covenants 45 and 63). Shut out in the darkness while the marriage supper was in progress! Were the incident nothing more than one of ordinary social festivity, it could be treated with little concern; but the Master's introduction to the parable shows it to be a similitude of conditions governing admission to the Kingdom of Heaven. The Jews of that day boasted or their atatus as the chosen and cove nant people of God. With deplorable Intolerance they saw no good in oth ers, and were slow to admit evil amongst themselves. They counted on ready admittance to the heaven where dwelt in bliss the patriarchs of their race. Christ had warned them repeat edly of their eruor of self-assurance but they proudly asserted their Is raelitlsh descent and held themselves sure of a place in "Abraham's bosom." When a certain Roman a Gentile, and In Judalstic eyea a heathen had come in humble and reverent confi dence to Jesus, soliciting His healing ministrations for another, the Lord granted the man's request, and, doubt less to the , surprise of the Jews, averred that many not of Israel shall be admitted to the Kingdom of Hea ven while recreant children of the house shall be kept out. We read further of the Lord's ad monishment to Jews who were intoxi cated with racial pride, and of the danger of their being eventually shut out from the heaven of their hope. "Strlv to enter In nt the strait gate" he urged, "for many, I say nnto you, nill seek to enter In, and shall not be able when onee the master of the house Is risen np, nnd hath shot tn the door." And to their desperate pleading he shall sary: "Depart from me, all ye workers of Iniquity. There shall be weeping and gnashing ot teeth, and when ye shall eee Abra ham, and Isaac, and Jacob, and all the prophets, in the kingdom of God. and yon yourselves thrust out." (Luke 13: 24-28). It is not incongruous that the Lord shall recognize chosen peoples, se lected nations, covenant races, and yet be, as the Scriptures affirm Hira to be, free from all respect for per sons. With Him there Is no favor itism, save it be the righteous love for righteous men, which is godly favor, as far above man's unjust par tiality as godly zealousness exceeds human jealousy. Israel Is the cove nant people, rich in promise of pros pective blessing, through whom the Lord has wrought much and shall yet accomplish more of His purpose with respect to the redemption of mankind. But to be of Israel carries no Immu nity from the penalty of sin, no cer tainty of salvation. "Knr hehold, I iaj nnto yont That as many of the Gen tiles ns will repent arc the covenant people of the Lord; nnd as many ef the Jews ats will not repent shall he cast offi for the Lord covenantcth with none save it be with them that repent nnd believe in his Son, who in the Holy One of Israel." (Book Of Mormon. 2 Nephl 30:2). Conversely, all who will not repent and obey the Holy One, whether Gen tile or Jew, shall be shut out from the Eternal Presence, and be con signed to the outer darkness of lost opportunity and consequent despair. Neither earthly wealth nor genius of mind shall compensate for failure to obey the laws nnd ordinances of the Gospel. Others beside Simon, the one time sorcerer, shall come asking bless ings on special plea, only to be re buked with the soul-plerclng rejoin der: "Thou hast neither part nor lot In this matters for thy heart is not right in the sight of God." (Acts 8:21). The door to the Kingdom Is open to all men. None shall be shut out but those who are. culpably unworthy to enter. Strive ye to gain admission while yet there Is time! For the Book of Mormon, etc apply to Northwestern States Mission, H1Q East Msdison St., Portland, Ore. Far book of 3HO pp., containing com pletc series of these articles, number Ing 104, entitled "The Vitalltyof Mor monlsm," apply to publishers! The Oorham Press, Boston, ilam. Adv.