THE OREGON DAILY , JOURNAL, PORTLAND,'. TUESDAY . EVENING, NOVEMBER 21, 1911.
COMMENDED
' t
r
i
In Address - Before-State Bar
I Association Judge KingSug
aests 'County Courts Be
Done Away With,
v
r
I Revolutionary chance in the present
f judicial system ' in Oregon are rsoom
mended In the address of ex-Supreme
rCourt Justice Will R. King, made i
f ore' the State Bar association meet-jting-
In the federal court today. Judge
.King recommends among other things
the establishment of . a water -board
fVniirt to t rv all mutfr eaana. tha Aft t ah.
ishment of a new. appellate court to oo-
scupy : a position oetween ine circuit
f court and; the supreme ipourt and th
automatic Increasing of the ' number
, of judges of the ' circuit court, doing
'away altogether with county courts,
j The delay and expense of appealing
leases la one of the greatest evils in
J the present Judicial system, said Judge
t King. At present the cost of appeal
',1a such that It can be born only by
'.wealthy litigants who can pay the cost
of printing, and other bills and who
tctn uioro io wan several years tor a
decision. - Even then, he says, the cost
of the appeal is apt to , amount, to a
sum greater than that In. litigation. To
Increase the number pf supreme court
(judges would not solve the problem In
the opinion of Judge King. . It would
result, he says, n tha court sitting in
two -divisions aa Is tha - case . In . the
atate of Washington, and returning con
rtradlctory opinions. - ,
& Benefits of Court of Appeals.
L Judge King says the solution Is tha
establishing of a court of appeals to
.consist of three ... members, the number
' to Increase In proportion with the popu
lation of the state. Cases could then
ibe- classified .so that one class may
stop with tha court of appeals and such
.appeals as might be taken to the su
preme court should be , limited to do
clslons upon questions of Jaw only.
L At present . more than ' one half - the
'time of tha supreme court Is consumed
In reading testimony la equity oases. '-.
T" Judge King said that every county
. in the state should have a circuit Judge,
the court to be given original jurisdic
tion in all probate matters, thereby
'abolishing the office of county judge.
, He minks the present : salaries paid
'county judges would be almost suffi
cient to pay the additional . expenses
of the extra circuit Judges." In coun
ties where more than one Judge Is need
ed he thinks the number should be
increased automatically as special elec
tions for additional judges will always
be opposed by some elements. - r- :
, He suggests giving the water board
or board of control from 'one to three
addltionsl members, with Judicial powers-limited
to" the trial'-of cases In
volving water rights. He wants the
board given the standing of a court to
try such oases and enter decrees with
the right of . litigants to appeal, there
from to the proposed court of appeals,
"Within five years he say the supreme
court will be not-less than three year
In arrears In Its "work; : half the time
the - court 'being kept busy on water
cases alone. r t - , 1 ' .
Penalty for Appeals for Delay.
The paper also recommends that
Judges of the circuit court be paid not
less than $6000 a year and judges of
tha supreme court, not' less than 16000
a year.,. s- w:..'v
: Judge King asks- especially that the
statute enforcing a penalty for appeals
mads for delay be imposed, in the hope
of encouraging tha speedy handling of
cases before the appellate court and dis
couraging: the appeal of every case from
the circuit court. ' At present, he says;
where- litigants, caw afford an appeal,
they do not hesitate to take It whether
the are right or -wrong, because no
penalty attaches to appeals for v pur
poses ot aejay. , : ,v. .-i--., .
. This morning's session of the 'Bar
association meeting was not largely
auenaea, Dot an errort win be made to
have not only all members of the aeso
clation , but other attorneys as well
present, at .subsequent meetings. s Re
ports were received this morning from
the executive committee, the commit
tee on legal education and admission to
the bar and from the grievance com
mittee. & :' ' .! .'"'.; ,''; "..''..';; "; '
The reading of the last named report
aroused a storm of discussion that last
ed Until adjournment at noon and" that
win be taken ut attain after tha rear.
ular program t Is completed this after
noon. E. C. Bronaugh. aa-chalrman of
the grievance committee, reported that
tuness and press of other duties had
made it Impossible for him to perform
his duties as he should hava and tha
committee had! nothing to report ' He
stated that he wished personally to as
sume the responsibility for the failure
of the committee to wet ...'-, .' f s
Cites XJnprof essloaal Conduct Cases.
Julius gtlveetone, 'another member' of
the committee, presented what might be
termed a minority report and which
recited a number of apparently flagrant
cases of unprofessional and criminal
conduct on the part of members of the
bar , which he demanded the association
should investigate. He referred partic
ularly to alleged Infractions of an at
torney who frequently appears for Greek
laborers and of another who Is at pres
ent under indictment in the state court
for the alleged offering to accent a
bribe while acting as- Judge. No names
were mentioned in Mr. Sllvestone's re
port, but he stated the attorney Is
question Is now basking at Palm Beach.
Fla. He accused him of having taken
the 1800 savings of an Ignorant Swed
ish servant employed in bis- family, of
charging the: girl several hundred dol
lars' attorney fees when she asked for 1
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The npper picture la that of Loa Angeles, Cal., police woman. Below la th photograph of the first Jury
composed entirely of women, recently empaneled In Los Anjreles to try an editor accused of printing
story In violation of law. They 'are all married women and their, families .were Interested IPCtAtprs of
uie proceeamgs in court, xne case was tned Derore justice uassiay wno gave uie women, jurors toe pnvi
lcgo of wearing their hats. If they so desired, during the proceedings. The Jury was composed of Mrs. B. T.
Wallace, Mrs Bertha Sc&ermer. Mrs. A. H. Trimble. Mrs. Era B. Carolus, Mrs. Mary Power, Mrs. Florence
Brainard, Mrs; Nellie Mooman, Mrs. Carrie A. Ray, Mrs. N. Stelner, Mrs. A. D. Leavitt, Mrs. J. Hill and
the money and of harassing her until
she finally committed siilolde in a fit
lltJ
of despondency over tha loss of her lit
tie capital. .,. ,i.s
later to Address IteeUn&T.
Martin L. Pipes suggested that tha
grievance committee look Into these
cases, report them for dismissal from
the association if the charges were
found to be justified, and that the spe
cial prosecutor of the association pros
ecute them before the state supreme,
court If evidence sufficient were found.
He said he did not believe the commit
tee had any tight to try the men before
the association. Charles J. Schnabel
said that many trivial cases were re
ported to grlevanco committees and that
no man's name was secure. He recom
mended caution iti handling the cases.
E. Heckbert suggeated that if Mr. 811
vestone . had any evidence he try the
men In the state criminal courts, not
before the Bar association. Further dis
cussion of the report was continued until
this aftenoon.
President W. T. Slater of the associa
tion will give his address this after
noon, the election of officers will come
tomorrow, and addresses will be made
tomorrow afternoon by Harold Preston
of Seattle on "workmen's Compenaa
tlon," and by Chailes H. Carey on "The
Next Great Reform Relating to Reforms
In Pleading and Practice," The annual
dinner, will be held tomorrow evening at
the Commercial club. , : l .
Evangelist Disclaiming Honor
for Self Says Ws Plain,
Trying to Be Christian.
CHAUTAUQUA PROGRAM
READY FOR JULY 9, '12
J( Special to The Journal.)
Oreiajk City, Or., Nov. SI. Secretary
Cross of the Willamette Valley Chau
tauqua assembly announced today that
the program for the meeting at Glad
stone park, July 9 to July 21, Inclu
sive, had been completed. Mr. Cross has
arranged with Alfred E. Flude of a Chi
cago Entertainment company to furnish
several of the attractions. The bead
liner will be the Chicago operatic oom
pany, among the members of which are
John B. Miller,) soloist, of the Thomas
orchestra; Arthur Miller, Apollo Mus
ical society; Rose" Lutiger .Oannon,
Apollo Musical society; Leonora "Allen,
soprano, and Edga; Kelson, pianist and
pipe organist ' The platform work will
be In charge of S. Piatt Jones, and the
most prominent speakers will be Frank
P. Sadler, municipal Judge or Chicago;
Lou J. Beauohamp, the noted humorist;
Clinton T. Howard, temperance orator;
Fred Emerson Brooks, western poet; Dr.
Len O. Broughton, Georgia preacher,
and John Mitchell, labor leader.
Land Grant Cases Set.
United States Judge Wolverton has
assigned . November 20 to January 14
as the dates for taking the plaintiffs
testimony In the suit of the United
States against the Oregon 4 California
railroad to cancel the Oregon ' land
grant; from February 6 to March 27
for the defense to Introduce Its - testi
mony, and from March SO to April IS
for rebuttal. , : . .n,-.-
' The Royal Prussian 'Aeronautical ob
servatory has instituted;- a service to
warn navigators of the air of the ap
proach Of thunder storms. .
When the men failed to fill all the
seats at the noon Gipsy Smith . meet
ing in the Empress theatre today, the
evangelist called for a vote on whether
to let the women In. The vote was
unanimous.
The gypsy asked the men if they
mougni tney could be saved by rever
sion to babyhood, innocence or by moral
uving. . '.,. ,
"IP you can the Christ , Is super
fluous," he affirmed.
"But does any one dare ohop down,,
"Would anyone take the Bible and cross
Out the word 'atonement r Tour trou
ble Is not mental. It is not cutaneous
moral measles but the Creator . has
saia. "xou err In your hearts. Tou
try to live the new life with the old
a ear i. .,
' introduced as a "specialist In' souls
a romance or grace," by Dr. John Boyd,
uipsy amun addressed 800 mamhara
ana guests or the Rotary club vat
luncheon in the Hotel Portland this
aiiernoon.
"I'm Just a plain man trvine- to llva
ap nonesc unnsuan lire," said the evan
gelist in deprecation of the glowing In
troduction given not only by Dr. Boyd
but by Dr. Benjamin Tounr. chairman
of the Gipsy Smith executive commit
tee, wbo called him an "Illustration of
what God can do with a thoroughly con
secrated man."
"If you honestly make monev it
should be consecrated to God. He will
hold you to account for It but be sure
your money la clean," said the evangel
1st. "Be sure your life Is clean. Make
the world better for women and chil
dren for your having lived. y
"If there's anything in your business
that prevents your serving the' Lord,
get out of it God's purpose for every
man Is that he live clean, straight, TUre
nobly." ,''. ,;.', ..,i ,
MADRAS
BY I TO
1
VOTES WATER BONDS
;'-... ".'(Special -te las Journal.) ' . ,V'
Madras, Or, Nov. JL At a- special
election held : for the purpose In this
city yesterday . Madras ; voted $10 000
water. bonds by a raUo of more than
7 to 1. . Bids for the bonds and for con
struction of the water system will be
advertised for at once, and the plan
of the council Is to have actual-work
begun- before the first of the year and
the water system installed completely
by early summer, a-water supply for
the same having been already obtained,
, Journal Want Ads bring results. - '
MAXWELL CO. IN
HGHT WITH U. S.
Sale by Auction of 400 Acres
in Third Umatilla unit Is
Protested. "
(Special to The Journal.)
Hermiston, Or., Nov. 21 The case
of tha Maxwell Land A Irrigation com
pany in its Injunction against the
Hermiston Bank & Trust company, en-1
Joining the latter, v which Is the trus-1
tee for the government from selling at
publio auction any of the Maxwell land. I
win soon be heard. The Maxwell peo
ple contend that the government has
not lived up to its part of the contract
or what It stated It would do when the
project was first started, when It was
understood that the government would
bring the water to the highest practical
point of every legal subdivision. '
This was done In the first unit of
the project, but In the other unite some
of the settlers have had to spend sev
eral hundred dollars- to get. the. water
to their lands. The government also
agreed to put In a drainage system and
the i Maxwell company alleges it has
not done this. ; Settlers on. the- proleot
will give testimony in regard to. the I
promises, made by the government and
auegea noi 10, nave been ruiruieo.
- The Maxwell company has a contract
with the government tn regard to the
sale Of its land, and Is expected to sell
a certain amount of land before a oer-
tain time, and In case this Is not done
the trustee Is 'notified to sell at nubllo
auction what land Is not sold. There
Is about 400 acres of this land not sold
In the third unit of the proleot and
tne suit is to restrain the trustee from
selling It The Maxwell company has
a small army of salesmen on tha road
and has been very successful. .The land
proposed ror aaia at . auction contains
some or tne Dest on tne project.
SVEMS HE PADDED
VALUE OF JOHN D
MESABA
WOAD
Engineer Tells Stanley Invest!
gators He Was Instructed
to Overdraw Reports to
Hide JEarnings. .
' TTnltaA SMaa tal h.l
Washington, Nov. 2 L That he padded
reports of a railroad to hide Its earn
lings under the personal instructions
I of . John D., Rockefeller's attorney and
I that the oil ' king somehow "absorbud'
some valuable stock he held, was the
burden of testimony : today by C H.
Marts, an engineer who constructed ths
Duluth, Meaaba and Northern railroad,
testifying before the Stanley congres
sional committee which Is Investigating
tha steel trust Marts detailed the facts
I of Rockefeller's securing control of the
road, and .then said that after the road
was put In Rockefeller's hands he was
Instructed to make a report padded to
show that the road was valued at $,-
000,000. .S-'--; '
The report" Marts testified. was
submitted to the Minneaota state rail
road commission In order to show that
the freight,, rates charged on . ore " rep
resented a 1 reasonable return on . . the
money . Invested .and were hot exorbi
tant I padded the report " under In
structions rom George Murray, Rocke
feller's personal counsel." -"'?
Marts said ha at one time personally
owned 19 shares of the company's stock
and that he turned over his holdings
without indorsing them when told to do
so in order to raise money with which
to build a branch line when , the com
pany-was forced to use all its stock as
security. He understood that his shares
went to Rockefeller's office. But they
never came back. He was tnformd that
Rockefeller objected to his employes
owning stock in his concern. Rocke
feller offered Marts I2S a share for the
Stock. Marts sold it for $20 a share.
The same stock now pays 1200 a year
In dividends. .
HYDE DEFENSE AIMS
HEAVY BLOW AT STATE
" : (United Press Lmms Wlral
Kansas City, Mo, Nov. a 1. Attorney
Reed today continued ths opening state
ment for the prosecution In the second
trial of Dr. ; Bennett Clarke ' Hyde, the
alleged "xerm poisoner." accused of the
murder of Colonel Thomas H. Swops,
his millionaire uncle by marriage, and
numerous other relatives, by Inserting
typhoid germs In their blood.
Ths defense objected to tne roiroauce
tlon by the prosecution of statements
that Chrlstman fcwope also died with
the hands of Dr. Hyde, and i on - this
hinges what promises to be one of the
most Important points at . the t trial.
Chrlstman Swop was a nephew of the
colonel, and a legatee unaec ills wui.
who died two years ago.; ;'.'i ?''
As the "theory of the prosecution is
built around the 1 supposition that Dr.
Hyde murdered the long 11st of relatives
In order to tighter his grip en the mil
lions into which he married, the- prob
able elimination by the court of testi
mony and statements in ..regard to the
other deaths wlu prove a serious nana
cap to the state. -' ; .- .-vj. X y";y
OLD K. F
Penniless at Astoria Hotel, She
' Is to Receive Subscription v.
a , : 1 Money.
1
CHELL SAYS MINERS
PACKED
AGAINS
T HI
CRUISERS DISPATCHED
-TO
(United Press Leand Wire.) .''---'
Atlanta, Ga.. Nov. Bl.The conven
tion of the American federation of La
bor was thrown into an uproar here to
day when Vice President John Mitchell
charged that .the . convention of the
United Mine Workers of America was
packed through tha us of fraudulent
credentials when the miners forced him
to resign from ths National Clvio fed
eration. . Secretary Duncan McDonald of
the Illinois i miners demanded - that
Mitchell submit proof to 'this effect at
the next -miners convention." This Mitch
ell promised to do.' ;.. '.;:'.. V'Wr'!1.-''
The trouble arose from the adverse
' (Bperlal to The Jourml.)
Astoria, Or., Nov. U. Mrs. Mary
Fullmer, tha . "fins old lady - at , tho
Washington wreck," is confined to her
room In .' local . hotel suffering- from
nervous prostration and a threatened
attack of typhoid fever, resulting from
her terrible experience aboard the steam
schooner, ' which came so near ' to de
struction a week ago. She will not be
able to. k-esume Kef journey for, several
days and perhaps 'two weeks. She is
practically penniless ' and subscriptions
are being- circulated for her by oltlsens. -
(. i r . a i i. ',-.,; - (,
' Peritonitis Kills Tpung Rancher.'
. ' lSpeiat to The JwuaaU . 4
Oregon City, Or., , Nov. Jlv Smith
LeCroy, 94 years of age, a ranoher. who
lived near Redland, died at a hospital
In Portland Monday.' -He had been op--erated
upon for perltonltla LeCroy
lived alone on a ranch, t and when
strloken" last ..Thursday night, Crawled ,
to the home of a neighbor. He re
mained there the next day. and Satur
day; was. taken on a train to Portland.
He, rallied from. the opertftfoa and It,
was thought for some time hat he
would1 recover. Hla eondiUon, how- :
ever, , changed for the worse Sunday
sight ' XieCroy was reared in i Viola
and was a son - of s pioneer. His
mother. Is living-. v.The funeral win be
held igTBMaX:-ii'Xi
report of the committee os resolutions arranged.
Vow. Carloads to near GlpsTit
residents .of this city.: will . go to Portr
land tomorrow night to attend ths, serv
ices conducted by Gipsy Smith. Four
cars have , been, chartered. Two - cars
will ba occupied by members ,-ot ths
Baptist church and the other two have
been engaged by, members of the Meth
odist and Congregational church. 'Seats
have been reserved - tor th delegation
from this city. A reduoed f are has been
.1
SANTO
DOMINGO
fUnlted Prwa Leaatd Viral
Washington, .Nov.. 11. The armored
cruisers Washington and North Carolina
were ordered this afternoon to proceed
I at full speed to Santo Domingo to pro
tect American lives and property there
in qase or disturbances following the
assassination of Prealdant Cacerea.
Hill Boosts for Orejron.
4BMelal to The Journal. V
Chicago.. Nov. 11. James J. Hill was
the principal speaker at the land show
yesterday. He spoke of the wonderful
resources of uregon and of the possi
bilities offered for settlement William
IHanley of Burns ' and ex-Governor
Brad jr of Idaho were honored , guests
at the big exposition. -
WHERE
CERTIFICATES
EXCEL
- (no. 8).; ..'..-;
OU may, have the
whole abstract ex
amined," from the
government down
to date, and yet if an
omission or error wag :
committed by. an abstrac- ,
tor early in the history of
the title, no liability what- .
. ever could be imputed to ' :
the firm that made - the
last continuation. The Ha- .
bility is fixed In a Certifl- ..
eate of Tfcle- we take, the y
risk assuming' responsi- ;
bility for the whole title. .1
nvestigate. Call for booklet
TITLE
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Just at th present time we are making a Wg
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Two hundred sold in two weeks; Twenty
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Seventh and Alder Streets
bbbs - t . . ssbbsbv r n
I If- A - ija;., , - m " JrS v
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Specia
FOUR GOVERNORS TO BE
A GUESTS OF REALTY MEN
' Chicago, Nov. ' 1L Four srovernors "et
western states are I to be speaksrs at I
the annual banquet of the Cook County!
Real Estate board on the evening of I
Novemcer zs. : Brier aaaresses upon the I
real estate opportunities or their com
monwealths are to be made by Oov-J
ernor Oswald west or , Ore son, Gov
ernor James h. Hawiey or Idaho. Gov
ernor E. I Norrls of Montana and Gov
ernor A. O. Eberhardt of Minnesota. Be
sides the addresses by th srovernors I
the banqueters win hear remarks by m
representative of t the , Panama-Pacific
exposition of Ban, Francisco. The din
ner, at the Hotel La Salle, will be for
500 realty men sup their guests. -
Clatsop .-Assessment - Roll. '
. ' . (BDaelal to Tha JonrnaLl '
' Astoria- Or.,; Nov. 21. The work of
seirreKating th 111 tax assessment
roll has been completed and shows .a
total assessed valuation of taxable
property aa follows; '.Astoria, $J,84,76B;
Warrenton, J190.948; Seaside, $H5,9;
' We giv you an extra 10 per ceni on any article purchased at
our store this month, in order to avoid the holiday rush, as
our quarters are none too large. We give this special induce
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