The Oregon daily journal., December 21, 1911, Page 3, Image 3

THE OREGON "DAILY JOURNAL, PORTLAND, THURSDAY EVENING, DECEMBER 21, 1911.
WEST'S CRITICS DO
NOT UNDERSTAND
THE PAROLE LAWS
Legislature Gives Governor the
Power to Use His Own Dis-
J cretion, Declares Former
Supreme Justice King.
Failure to understand the provisions
of the state parole law Ih to blame for
much of the criticism aimed at Gover
nor West. Such Is the conclusion of
Will R. King, former Justice of fh?
state supreme court, in discussing the
policy of the governor.
"The last legislature established a
parole board,'' he said, "and defined tne
manner in which prisoners serving inde
terminate termB may be placed on good
behavior. This board reports to the
governor and the governor Is given dis
cretion to grant a parole bn such condi
tions as may be deemed proper.
' "The governor is being blamed by
many for using, the discretion which la
placed in his hands and which It be
comes his duty to use, if he believes he
can thereby benefit the state and the
prisoners themselves. The fact that
Governor West has not used this power
Just as some of the raet of us might
have used it is another matter.
Acting Within law.
"The Idea of many people has seemed
to be that the governor Is acting out
side of the law, and is doing something
unheard of or unauthorized. As a mat
ter of fact, he is only doing what the
law makes it his duty to do. He has
been given the discretion to act or not
to act, and he would be something less
than the right kind of a governor if he
failed to exercise the discretion vested
In him and which the law contemplates
he should use, in such manner as he
may deem best for the state.
"By declining to exercise this power
he would escape much responsibility,
but It will not be seriously contended
that he should, In face of the law, shirk
his duty in this manner.
"At the session of 1911 the legisla
ture passed the parole board law. Its
provisions apparently are not generally
understood. It Is found on page 172
of the session laws, chapter 127. It
creates a parole board of three, one of
Gill s Gift Certificates
Solve The Problem
Issued In Any Amount. Good In Any Department
THE J. K. GILL CO.
Boots, Office Supplies and Furniture
3rd And Alder , 3rd And Alder
T' ilVf 50c Down XlfV
' CtX 50c Week jyifL
-
whom shall be th superintendent of
the penitentiary. '
"It is made the duty of the board to
investigate cases where prisoners, are
confined In. the penitentiary under in
determinate sentences, and .to report to
the governor with recommendations for
parole when such action is deemed
proper.
"It Is made the duty of the Judge and
district attorney In the district where
the prisoner was convicted, to furnish
data to the parole board on request. It
Is provided that the courts shall, unless
they Impose a sentence other than a
penitentiary sentence, pass an Indeterm
inate sentence.
"The governor may grant a parole
upon his own motion or upon recom
mendation of the parole board, and fix
such terms and conditions as may seem
expedient. No argument or petltlpn df
attorneys for a prisoner shall be con
sidered In the parole of a prisoner, but
the governor shall consider the prison
record of the man and the recommen
dations of the parole board, and mako
such further investigation as may aid
him In the matter.
Revocation of Parole.
"The governor may revoke the parole
at any time, and no parole may be
granted until the minimum sentence
has' been served. No person sentenced
twice before shall be entitled to parole,
and if sentenced once before the pris
oner must serve twice the time of the
minimum sentence before he can be en
titled to Its benefits. The, pardoning
power of the governor la not changed
by recent laws.
"In addition to parole by the gover
nor, parole may be granted In' the cir
cuit court In the case of a person not
previously convicted of a felony and
who is sentenced not to exceed 10 years.
The prisoner may be permitted to go
under supervision of the court or any
prisoners' aid society.
"Some question has been raised as to
the right of the trial Judge to parole In
a case where the law provides a mini
mum penalty of say two years, and a
maximum of 20 years. The circuit
Judges in Multnomah county have held
that where a person Is not actually
committed to the penitentiary a determ
inate sentence of say two, five or 10
years may be given.
"This is because of the construction
given under the last section of the pa
role law, which says, 'Nothing in this
act shall be construed as impairing or
restricting the power given by law to
the Judge of any court to parole any
person who is convicted of a orime be
fore such person is committed to serve
Bontence for the crime.' "
Buy a Player
$20 will place a Piano Player In your
home. Plenty of time given to pay the
balance In small monthly payments.
Prices range from $275 upwards. Kolt
ler & Chase, 375 Washington street.
11 0
ASKS ACTOR WHEN HE ;
DONNED LONG PANTS
-
i ' l1 1 ,
!'-V ''A
h -A
yl mUyAAl
Harry Puck.
When Harry Puck stepped through
the gate at the Grand Central station
Monday morning he momentarily
imagined he was being assaulted by a
wild and woolly western holdup man.
After his grip had been yanked from
the hand of the young Orpheum per
former, his traveling cap tossed back
over the Iron fence, and he had ex
perienced a bear-like hug Puck heard
somebody shout:
"Say Harry, when did you get Into
long pants?"
When the actor got a glimpse of the
hugger he recognized Lew P. Roe, an
employe of a local hotel. The boys are
cousins, and It was their first meeting
after nine years' separation. Mr. Roe
has been at the Oregon during the past
two years, coming to Portland Just after
Puck and Puck, the latter a sister of
Harry Puck, made their first appear
ance in this city. Harry Puck has
since discarded knickerbockers, and Miss
Puck has retired from the stage as the
wife of a prominent New York theatrical
agent. Just now Harry is said to have
his ear glued to the ground for news
from the big burg on the Hudson that
may indicate that Father Stork Is not
taking a Christmas vacation. The cous
ins are planning a great Christmas din
ner for next Monday afternoon and the
table decorations will consist of cherubs,
and figures of uncles, cousins and grand
mas. Washington Street Public Market
open Friday evening till 9:30 o'clock.
Friday and Saturday for Shopping Then CHRISTMAS
Generous Assortments of Holiday Merchandise Coupled With
Removal Sale Prices, Make This Your Logical Store for Holiday Gift Buying
Final Reductions on All Christmas Things Means Profit ' Sharing Pure and Simple
JlHake a Jote of tfje jfollototns jfactg
Final Reductions on All Jewelry Final Reductions on All Art Needle Work
Final Reductions on All Leather Goods Final Reductions on All Fine Fur Sets
Final Reductions on All Stationery Final Reductions on All New Dolls
Final Reductions on All Pictures Final Reductions on All Infants Novelties
Final Reductions on All Cut Glass Final Reductions on All iMen s Handkerchiefs
Final Reductions on All Handkerchiefs Final Reductions on All Men's Furnishings
Final Reductions on All Neckwear Final Reductions on All Xrnas Aprons
Final Reductions on All Scarfs Final Reductions on All Navajo Rugs
Final Reductions on All Marabou Sets Final Reductions on All Indian Blankets
Final Reductions on All Xmas Ribbons Final Reductions on All Framed Pictures
Final Reductions on All Silverware Final Reductions on All Russian Brass
Final Reductions on All Table Ware Final Reductions on All Smoking Sets
RED CROSS STAMPS
Booth in charge of Mrs. Henry Metz
ger. Assistants Friday morning, Miss
Minnie Fleischner and Miss Marion
Citron. In the afternoon Miss Emma
Baurri and Miss Gertrude Hersch.
Store Opens 9 A.
Store Closes 9 P.
WOMAN WITNESS
IN COLE'S DEFENSE
Former Wife of "Mysterious
Billy" Smith Star in Civil
Service Inquiry.
Mrs. A. B. I-iOomls, former wife of
Mysterious Billy" Smith, the pugilist,
who is suffering in a hospital from four
bullet wounds inflicted by A. B. Ixiomls
In a gun duel over the woman, Jumped
into the limelight yesterday afternoon
again as the star witness for the de
fense In the hearing of former Police
Sergeant E. W. Cole. The first session
of the city civil service commission on
the cole appeal lasted from 2 o'clock
yesterday until long after dark. It was
featured by numerous attempts of
Cole's attorney, J. H,at Hltchlngs, to
introduce what ho called court pro
cedure in conducting the appeal.
Cole Is charged with having violated
one of the rules of the police depart
ment In asking Mayor Rushlight to
abrogate an order of Cole's Immediate
superior. Chief of Police Slover, the
order having transferred Cole from his
beat In South Portland to a less con
gested one on the east side.
Cole Testifies.
Cole testified yesterday that he
visited Mayor Rushlight at the sug
gestion of David E. Otis, a close friend
of the mayor's. "I met Otis one day
after I had been transferred," said Cole,
"and he told me to 'see' Mr. Rushlight.
I called on the mayor and asked him
why my beat had been changed. The
upshot of the conversation was that the
mayor told me he had been informed
that I was a grafter and that he had
decided to dismiss me. I asked him
when the dismissal would become ef
fective. He said 'right now.' "
Cole, in attempting to prove that he
was not dismissed "for the good of the
service," seeks to show that his removal
was brought about by a woman named
Allle Bell, who conducted a lodging
house at 328 Front street.
Mrs-. Loomls testified that Allle Bell
called her upon the phone and told
her that she had caused the removal of
Sergeant Cole from his beat and that
she sold $40 worth of beer the first
night after Cole had been transferred.
XJe Is Passed.
Mrs. Loomls said that Allle Bell told
her "I have got Al 'Somebody' back and
am doing a fine business."
Mayor Rushlight, who presided over
the commission when the hearing be
gan, resigned th- chair to P. L. Willis
and requested Attorney Hltchlngs to
cut out his nonsense and submit his
evidence.
"Such evidence as this vls not rele
vant," declared the mayor, "but It would
not be ethical on my part to rule it out,
because I have been attacked. I want
tpglve the defense all the latitude in
the world."
Attorney Hltchlngs in the course of
his remarks, made the statement that
AlHe Bell had ' been living with a
brother-in-law of the mayor's. Mayor
Rushlight Interrupted him by saying
"that's a lie."
The hearing was not concluded yes
terday. The commission will hold an
other session to permit the defense to
make its arguments.
Afternoon skating popular. Oaks
Rink. ,
Visit the Hojiday Bazaar
Second Floor
No Gift Over One Dollar
M
M
MULTNOMAH GRANGES
HOLD A BIG MEETING
Two hundred and fifty members .of
the granges of Multnomah county met
yesterday at Woodlawn In the semi
annual Pomona grange. The program
opened at 10:30 o'clock and closed after
a very Interesting night session. A
clasr, of 20 was Initiated in an exempli
fication of the floor work.
Literary programs Interspersed among
Victor-Victrola VIII $40
$15, $25,
$40, $50, $75,
$100, $150,
$200, $250.
Victor-Victrola XVI
$200 and $250
Wholesale
and
Retail
ffpl
''Bpl
Ox
the papers and addresses furnished va
riety to the entertainment. A paper on
the "Alaska Coal Situation" by J. J.
Johnson was an able elucidation of a
problem that Is of Intense Interest at
this time. A. P. Davis delivered an
able address on "Orange Cooperation."
Features of the literary program
were a "colored" quartet, consisting of
Mesdames Patton. Green, Foster and
Stout of Woodlawn grange; two songs
by Miss Lola Foster; readings by Mrs.
David Nelson and Mrs. George Hall;
snnnn by Mrs. J. Pollock and Miss Vir
ginia Hyatt.
At noon luncheon was served to all
delegates and visitors In the banquet
room of the Woodlawn hall. At 6:30
supper was served to 300.
No matter how much
or how little you want
to pay for a Christmas
gift, you won't get any
thing that will give so
much pleasure as a Vic
tor or a Victor-Victrola
There's one of these
instruments at a price
to suit every purse and
we'll arrange easy terms
if desired.
Stop in any time and
we'll gladly play any
Victor music you want
to hear
Store Open Tonight
Sherman may & Co
Morrison at Sixth. Streets
mini
Give a Merchandise Order
MERCHANDISE BONDS Good all
over the store. Issued in any amount.
You get the benefit of removal prices
an advantage not offered elsewhere.
fz&zttft
.Take Them Home.'
Arrange to take a few box of
choice candles home for Christmas.
Treat your friends- to the best candle
In America. We are sol agent for
Park & Tllfords Halliard' and All,
grettt bon-bons; also for Mallane' taf
fies, Plg'n Whistle . and other leadlna?
confections. 8lg. Slchel tt Co. Three
stores, 92 Third, Third at Washington
and Sixth at Washington.
Rent, a Piano
Rent a piano, $3, $4 per month; Kim
ball. Chlckerlng, Fischer, Kohler, and
many other good makes. Kohler A
Chase, 375 Washington street.
Victor I $25
$10, $17.50,
$25, $32.50,
$40, $50,
$60, $100.
Steinway
and Other