The Oregon daily journal., July 29, 1909, Page 13, Image 13

THE OREGON . DAILY JOURNAL PORTLAND,. THURSDAY. EVENING, JULY 29, 1909
AORIIOTTTD"
I iiiuuiiii.il i i vr
Appeal Before the Supreme
Court in J Thorbura EoSs
Case Will Be Argued at
- Length'- Law Designat
ing Depositories Attacked
(By Journal Leased SalfiS Wire.) C
: ..Salenv Or. July t.--At ths tto th
argument' la the J. Tnorburn Ross ap
peal ! proceedlnjt lit will take two to
three days to complete It W. M.
Kaiser, a Salem attorney, bpened for the
state at 10 o'clock and will a till talking
when Chief Justice Moore declared
recess at noon, Kaiser continued . hie
argument at 2 oclocK.. ,
' Should Kaiser complete his argument
this afternoon he will be followed by
ex-Justice wuiiam f. jora ior me ap
nollunt anri defendant... Judse Lord is
not physically able to make an extended
argument ana ms appearance win os
felt most -strongly through his written
. brief r - - - - - "
For the state. District Attorney
George Cameron,' Judge Martin I
Pipes and Thad W. Vreeland are ap
pearing. For the defendant Wallace
McCammant will make- the principal ar
gument nerhaDs tomorrow afternoon.
It ia expected Judge Pipes will make
the strong plea on the behalf of the
state for affirmation of the conviction
of Koss.
Deposit of mate grinds Discussed.
.Tudffft Kaiser's ars-ureent this morn
' Ing wandered over considerable ground.
H took iin the Question of whether the
state treasurer could make a lawful de
posit of the state runas ana wnemer a
general deposit of me funds In any sol
vent bank would transfer the legal ti
tle of those funds from the state to
the hank mirl authorize the bank and its
officers to use the funds the same as
the money of the bankMn the manner
banks are authorized to use funds of
other depositors held under a general
denosit.
T..e contention of Judge Kaiser was
that the state treasurer is not autnor
Izpri to maka a eeneral deposit of state
funds or to authorize the bank or its
officers to use the' money for any pur
pose or even to deal with in in any
manner except to pay It over to the
state treasurer upon demand.
State Fundi Special Deposit,
According to the laat act of the legist
lature passed in 1907, the treasurer was
authorized to designate depositories for
state funds and to deposit with such
depositories, beta banks and trust com
panies, moneys In the keeping of the
stare treasurer.
The powers of the state treasurer un
der this act are carefully limited, ac
cording to Judge Kaiser. An application
to he appointed a depository la required,
and the antilioant must file a sworn
statement of the financial oondition of
the bank. Every depository was re
quired to keep accurate accounts of the
moneys deposited with it and show at
-stated periods daily balances of - the
state's, deposits. A bond from a surety
company was required, no personal
bonds being accepted, and the state
treasurer Was, made punishable by the
law for failure to comply with these re-
auirements.
Judge Kaiser argued that from this
art the legislature intended to safeguard
the state's money by prohibiting the
state treasurer from making a general
deposit of the funds subject to the gen
eral uses aeposus or omer persons are
made.
Numerous authorities and cases are
cited by the attorneys to bear weight
on both sides of the case. Much of
the argument before the supreme court
is of- this character. There are emi
nent authorities In behalf of both the
n ......) 1 .... . .1 M.nnAnAn
Stats Treasurer Kesponsible.
Judge Lord and Wallace McCammant
will contend that the state treasurer
Is responsible alone for the funds placed
in the Title Guarantee & Trust com-
Kanv's hank and not their client. J
Tho'rburn Ross, who was president of
the institution at the time or Its failure,
on the ground that under the law the
Indictment was obtained no person other
than a public officer may be held liable
for the loss of state money.
- The first brief of the appellant In the
Ross rase was filed exactly one year
ago today in the supreme court. Ross
was convicted in the circuit court for
Marlon county, having obtained a change
of venue from Multnomah county, and
was sentenced by Judge Oeorge Hv Bur
nett to five years in the penitentiary
and fined twice the amount he was
found to have converted, which was
$288,426.87; The fine was Imposed by
law and was not at the ODtion of the
court, koss was convicted under a pro
vision of the criminal code making It a
crime to convert state money to pri
vate or personal use.
PERSONALS
''Julius Kruttschnitt. director of con
struction and maintenance of ways for
the Harrlman system, returned from
Seattle over the Northern Pacific this
jnornlng. He waa met here by a private
train in which, accompanied by J. F,
O'Brien, general mabager of the Har
rlman system In the northwest, ho
started for San Francisco, Mr. O'Brien
expecting to go only as far aSyAshiand.
Mr. Kruttschnitt left no announcement
as to whether he had succeeded in set
tling the date for the operation of Har
rlman trains Into sound -cities, and h
seemed In a great haste to reach Ban
Francisco. .; ..:
R. V. Holder, general agent of the
Chicago ft Northwestern, is making a
tour of southern . Oregon towns stimu
lating business for his company. - -
Rev. A. Eugene Bartlett of Chicago
will arrive in Portland in time to preach
Sunday morning at Union hall, corner of
Grand avenue and East Jliie street. Dr.
Bartlett Is the popular tid eloquent
pastor of the Unlversalist Church of
the Redeemer, :. .. '
Party From Los Angeles.. ,
The Los Angeles board of trade, con
Blstlng or a party oi ioo, is expecxea to
arrive In Portland August t. A stop
of only three hours is expected ror
Portland. The party will go on to the
exposition In Seattle. r.
U- ' . B3
TRY THIS FOR ,
YOUR COUGH
Mix two ounces of Glycerine, with a
half ounce of Virgin Oil of Pine com
pound pure and a half pint of straight
Whisky. Shake well, and take In doses
of a teaspoonful every four hours. This
mixture possesses the heeling, .healthful
properties of the Pines, and will break
a cold - In twenty-four. -hours and cure
any cough that is curable. In having
this formula put up, be sure, that your
druggist uses the genuine Virgin Qii of
Pine compound pure,, prepared - and
guaranteed only by theLeach Chemical
Co., Cincinnati, O., find supplied through
the Skfdmore Drug Co., and all Other
first class drvatorav I 'i v V
1 After your wife's mother has come Ttor a visit and brought heir pet dog
2 and the pet dog has growled and barked at you
8 and has kept you awake nights by Its howling
.4 If tho pet dog Is captured by a dog cather, aren't you filled with heartfelt
wife's mother and her pet dog?'
MRS. COLLINS IS
Dr. PattoniSays Woman Is
Clearly Insane, Not Fit
' for Court.
The condition of Mrs. Kate Collins
was so much improved . today that.
lr tne lunacy commission does not con
sider her case before. District Attorney
Cameron will insist upon her appearing
in. ponce court not later man vvednea
day of next week to answer to the
charge of murder in the first degree,
ror snooting ner husband. ur. Roy A.
Miles Collins.
.Dr. H. M. Patton. who. actlnr under
orders from the district attorney. In
vestigated Mrs. Collins' condition to see
ir sue waa rit mentally and Dhvslcallv
to appear in court lata yesterday, was
most emphatic In his statement to the
eriect tnat she was in no condition
to appear.
"it not necessary ror a otlvsician
to examine Into her condition to see that
Mrs. Collins Is In no condition for court
proceedings of any kind," said Dr. Pat
ton. "A layman could tell that She is
unquestionably Insane and has been 'so
for some time, although it is not likely
tnat ner axrnction Became so acute un
tu a wees: or so as-o. -
'Tier abnormal mental condition hAS
been smouldering- and gaining strength
ror a long time rrom prooding over ner
troubles and sorrows, and tt onlv-re
quired the packing up and the nearness
or a separation rrom - ner nusoand to
break: the cord that bound her as an
apparently sane woman. As the time
approached to say goodbye the string
snapped, ail reason new to the windi
and she sought what her disorders
brain considered as the easiest and
quickest war out of the difficulty.'
Deputy District Attorney Fitxgerata
states tnat ne neneves Mrs. Collin
should hare her sanity determined be
fore a Jury, and Is averse to having the
county Doaro aecioe tne case,
"In anv event." states Mr. Fltcsrerald.
"Mrs. Collins wilt still have the charge
of murder hanging over her head. If
she is sent- to the asylum it will be be
cause the county board decides that she
is insane now,. not that she was Insane
at the time the fatal shot was fired. If
she is sent to the asylum and is later
adjudged sane and released she will
have to dc Drought here Tor trial on
the charge of murder, and then it will
be that her mental condition at the
time -of, the shooting will be decided,
oven If she should not be released from
the- asvlum ror zo years or mora
- ,l?L hear tfiafly say that she is 'faking
now and others say that she is really
insane. At present she Is In 'the hands
of the police, and- they state that she
is not in a nr condition to tie brought
to court. Until the chief of DOllce de
cides mat sne- may oe Drought to court
tne state naa no power to tane action."
SEA' COAST TRAVELERS
HAVE SPECIAL RATE
Announcement of a special summer
seaside - servioe Detween rortiand and
North Beach resorts was made this
morning by J. M. Scott, assistant gen
eral passenger agent of the O. B. as N.
A Joint schedule with the Ilwaco rail
road company and the O. R. & N. has
been arranged. - Thirty day round, trip
tickets are being' sold for $1.75. . .. The
steamers Potter and Hassalo on this
schedule leave from the Ash street dock
morning and evening, respectively.
.-The beauties of Oregon receive- spe
cial attention In the HaMgman display
of. "The Golden West" Being made in
Earl's- court, London. In the exhibition
the - most remarkable scenery of the
state, has been pictured so attractively
that the Portland chamber of commerce
as well at the local (railroad officials
have received it number of inquiries
about the country and -Its advantages
for, Incoming settlers..
The' We stufgeon In the fountain tank
at Paradise 'farm la the largest fish
in captivity we know of, says the Hood
River Glacier. The fish was caught by
the late Dr. Adams and placed in a pond
on the farm In 1870, - JO years ago. It
was then about two feet' long and-it has
grown about two feet since that time.
AIN'T YOU SORRY-
3 ::JT7Z.vjp--
WOMEN'S TEARS
ARE SHED III VAIN
East Seventh Street Will Be
Paved With Asphalt,
Despite Protests.
At an adjourned session of the city
council this morning an ordinance was
passed ordering the payment, of claims j
against the city by W. P. White. The
claims are in the shape of unpaid war
rants for Improvements made on East
Yamhill street in 1899. A SDecial com
mlttee appointed by Mayor Simon re
ported tnat tne city is iiaoie ror tnese
claims, as the supreme court has held
that the assessment made for the im
provement was illegal and that the costs
were not coiiectioie rrom property own
ers.
The mayor asked the council to defer
passage or the ordinance until a com
mlttee appointed by him yesterday could
pass
upon ail ciatr
on all claims held against the
ity. H
e tbinas all or these snouid oe
acted upon at the same time. For this
reason he may possibly veto the ordi
nance.
1 Ordinances were also passed this
morning providing for the creation of
the Johnson creek sewer district, and
for. the Installation of a water main on
Everett street between Mineteentn
aaseet and the Cornell road.
In spite of the repeated trips of work
ing .women to the city council and their
tearful pleadings to have East Seventh
street surfaced with macadam instead
of asphalt, the city council finally set
tled the matter today by passing an as
sessment ordinance providing for the
paving of the street with asphaM from
Tillamook street to Fremont. Yester
day afternoon the lawmakers had al
ready voted to quash proceedings for
macadam on East Seventh from Thomp
son to Klickitat, and to go ahead with
new proceedings for asphalt. On this
portion of the street dwell a number of
property owners who are paying for
their homes on , the Installment plan,
and who belong to the laboring classes
Councilman Menefee, who represents
these people, declared that toe homes of
many would practically be confiscated
if the owners were obliged 'to pay for
asphalt .
But the majority of tke council raised
ths cry of proarress, and refused to
listen. Those who voted to grant the
reauest of the women were Councllmen
Drlscoll, Rushlight, Concannon and Men-
eree. councilman unacoii announced
that he is In favor of hard surface
streets and progress, but that he could
not vote to pavs a street with women's
teara -:
BEST PEOPLE PLAY
PRANKS AT A.-Y.-P.
(United Press I Mod Wire.)
Seattle. July S 9. The sovereign of
California committed - grand larceny
irom tne coramonweaitn oi unenans,
Wash., yesterday. It happened at the
exposition, and Colonel J. A Filcher.
California commissioner to the fair,
called a practical Joke on Colonel Chap
man, the Chehalis county commis
sioner. Colonel Chapman had two handsome
stuffed elk on his veranda, decorated
for Elks' day at the fair. It occurred
to Colonel Filcher that California ought
to welcome the B. P. O. B. with an elk.
and. anyway, he felt that two elk were
more tnan uoionei tnapmaa needed.
Bo he casually Instructed R. It. Leak,
the - Santa Cms representative, to "take
as many men as was needed and bring
our elk over from the Chehalis build
ing." Colonel Chapman arrived at his of
flee - about half an hour after four
strong men had removed one of Ms elk.
He traced the culprits to the California
building, where Colonel Filcher. Mr.
Leak, Harry Lane of Alameda, Tom
Scadden of Grass Valley and Harry
Spea of Sacramento wer exulting over
their capture. . '
It took a great deal of persuasion to
make Colonel Chapman see the Joke,
but In the snd heleft the elk on the
California building veranda for the day.
A fine good- roads meeting was held!
In Rainier Saturday. . : . 1
11
sympathy for your
IS SUSPECTED
Endicott Authorities Believe
They Have Assailant of
Gertrude Lucke.
A man giving the name of Hamilton,
who is believed by theofficers of iOhdl-
nt Wob), i. U ,
auited Miss Gertrude Lucke at a lonely
spot on the road near Sylvan on the
evenlug of June 24, is under arrest at
Endicott. A message from the town
marshal to Sheriff Stevens this morning
stated that Hamilton answers the de
scription In every detail, even as to
the clothing worn by the miscreant
The message also stated that Hamil
ton admits that he was in Portland
about the time the crime was commit
ted, but refuses to make any statement
that would clear up the suspicions connecting-
him with the case. For this
reason the belief of the officers that
they have the right man has been
strengthened. i
On the advice Of Deputy District At
torney Fttxgerald, Miss Lucke herself
will go to Endicott to see if she can
Identify the prisoner. She says she
will know ths guilty man, and the sher
iff Is convinced that she will be able
to Identify the right man If he is
caught Some officv from the sherlf's
office, probably Sheriff Stevens him
self, will accompany Miss Lucke and
bring the suspect t Portland If he is
identlfed. Miss Lucke and the officer
will leave at S o'clock this evening.
Endicott is a small town -on the O. R.
&. N. this side of Spokane.
Ths registration for the first term
of ths summer quarter at the Univer
sity of Chicago reflects a growth In
every one of the schools of the insti
tution. The total number registered,
July 10, was 2817, as compared with
2693 at the end of July, 1908. This
increase of 224 over last year is dis
tributed throughout the graduate, under
graduate, and professional colleges and
schools, each one of the .various depart
ments showing an Increase In some
cases a larger one over 1908.
Marvelous Prescription For
All Stomach Distress
Rejoice and be glad, ys army of nerv
ous wrecks and dyspeptics. '
No more will you need to exclaim in
that hopeless tone, "Oh, my poor old
stomach."
For Woodard, Clarke A Co. have a
prescription that turns old stomachs
into new ones and sour stomachs Into
sweet ones in a week.
There's happy days ahead for you
and for your poor old flabby,- tired out
stomach if you Just won't bs obstinate.
Just go to Woodard. Clarke Co. to
day, lay down 60 cents and ssy I want
a box of Mi-o-na tablets made from the
most successful prescriptions for indi
gestion, catarrh of ths stomach and all
stomach distress the medical profession
has ever known. -
And Just take one or two tablets with
or after meals for a few days and then
if you don't agree with us that Mt-o-na
is a marvelous prescription tell Wood
ard, Clarke A Co. and they will give
you-your mdhey back.: We'll leave it
to your sense of fairness whether that's
a square deal or not,
Ml-o-na tablets promptly- relieve
belching, - heaviness, pain in stomach,
heartburn, sour stomach, foul breath.
and coated tongue. Give them a trial
and chuckle with pleasure. Ml-o-na la
sold by leading druggists sverywhers.
Ootm catarrh or money back. v Jnst
biwtha It in. Oomnleta outfit, InclndiM
Inhaloxtl. Extra bottles 60a reggiatav
ANOTHER MAII
uu
TIMBER MEN TO
TALK Oil FORESTS
National Irrigation Congress
' at Spokane to Have Many
Notable Addresses.
: Addresses by well known authorities
on ' different subjects will- be made at
the . Irrigation congress at Spokane,
August , and' will continue until Au
gust -14.
Many Portland lumbermen who' are
going to Spokane to attend the West"
ern Fine Manufacturers' association's
semiannual meeting will remain to par
ticipate in the National Irrigation con
gress. ...
On August 10 Bailey Mills of the geo
logical -survey,- who- is a world -wide
authority and has studied conditions
In Europe and Asia, will talk on ths
relation of forests to water flow.
George 8.' Long of the Weyerhaeuser
Timber company will talk on the atti
tude of lumbermen toward forestry
Other addresses will be given by Gil
ford Plnchott, United States forester;
E. T. Allen, district forester; George
M. Cornwall, editor of the Tlmberman,
and P.' W. Mulkey, president of the
Oregon Conservation? commission.
There wlU also be a special meeting
on August 11 by the lumbermen of
Montana, Idaho, Washington' and Ore
gon to discuss among themselves and
with the government officials the bus
iness and technical aspects of such sub
jects as fire prevention, taxation of
(mm
The Hotel Portland, Portland, Or.
JULY 29, 30 and 31
From 10 a. m. until 10 p. m., with duplicates
of the Winchester Arms which will be used by Jr f ;
THE ROOSEVELT-SM iTHSONI AN EXPEDITION
Sportsmen cordially invited to call and meet Cap
tain Laudensack, who will be pleased to answer ' ' :
a any question regarding guns or ammunition, , etc. "
)h If Isn9t a tpuCK
r Did you ever see a 5c cigpr ad that talked? They : Vs,ftw ,
don't Most 5c cigars can't' be talked about j
THE 1 I
I WJTH THE HAVANA TASTE .
Hi is worth describing and stands it. No hot air smoke but a carefully , fl
A . blended aroma-ran imported Sumatra wrapper and a well seasoned
binder with a long leaf filler free from fire checking stems. A 1
pz narrow profit but wide sales. '
An imported shape that adds to the quality. Aripe jLpi- j
jsQpr smoke in a green box. Buy a box and keep them by. 17
MASON, EHRMAN & CO.,
forest lands and conservative logging
methods. ' The government methods on
national forests will . be given special
attention with a view to recording any
differences between - h government
and purchasers of National Forest tlm
ber. . . . .
- Under the auspices of the Oregon
Conservation - association a meeting
sometime between August -1 and 31
will be held at which Gtfford Plnchott
will, make the principal address. This
will be held to encourage conservative
logging and care for a second crop of
timber. A similar meeting will be held
In Seattle in 4he auditorium of - the
Alaska-Tukon-Paclflc exposition, ' Aug
ust 28, under the auspices of the Wash
ington Conservation commission.
19 NEW INDICTMENTS
OF CHICAGO GRAFTERS
"Chicago "July ti. Nineteen new in
dictments were returned against resort
keepers in the levee' district of South
Chicago today by the grand Jury now
g robing the allegations that corruption
as existed for years.
With the announcement of ths names
of those Indicted It has become known
that the Jury is looking into the dis
appearance of. over SO witnesses wanted
by the state In ' connection with the
west side levee Investigation.
It is expected also that additional
indictments will be returned against In
spector Edward McCann and Detective
Jeremiah Griffen later 'today. -
Just where the next bombshell will
strike is not known. State's Attorney
John E. Wayman is very reticent -and
refuses to talk about the investigation,
other than to remark on the indictments
already made public.
Though the principle of the screw
propeller was demonstrated In- 1681. it
was not put into practical use until
John C. Stevens launched a boat thus
driven on the Hudson river in 1804... i
A.TA
kw
The Rifle Expert Who Inspected and
Sighted the Arms to Be Used by ex
President Roosevelt on His African Trip
WILL BE AT
DISTRIB UTORS, Portland, Seattle and T: f
QBL.
TO BE ARRESTEE
City Auditor , Barbur Will
Force Collection v of ,
. ' Vehicle Taxi '.
City Auditor Barbur directed the city
attorney this morning to prepare war
rants for the arrest of 21 draymen who
are operating in defiance of the vehicle
tax law.- These draymen Include all
the large companies and they propose
to fight the law. v.
Since the people at the last election
repealed the last vehicle license law
passed by the council, the old ordinance
has been declared effective by the city
attorney-, -but a- number - of - the - large
draylng firms have refused to take out
licenses under it They believe they
can successfully resist the present law
and prove that It is Illegal. , f ,
Lynchers In Contempt of Court, '
From the"New'Tork "World.
' Most of the lynchings which se shock
ingly disfigure our records are in con
tempt ' of - some--eourt-which- has -ths
power of punishment In Its own bands.
Contempt proceedings in all such, esses
would not only do much to strengthen
respect for courts; they would have
a wholesome influence upon the law-
they would expose to public execration
and ridicule, bravados who now . too
often assume the role of heroes. -
ENSAd
0
LI -