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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 27, 1912)
THE OREGON DAILY TOURIJAE, PORTLAND. WEDNESDAY EVENING, NOVEMBER 27, 101 ilFflllFSilPl m mm W Mi IIIBIV WW I m m m Persons . Could Be " Made to f -Testify How They Cast Bal ?7 lot;-: Enough - Good " Votes Anyway, Says A. E. Clark. Two decisions b(,tlio Oregon supreme irourt with n Important bearing on the, - (legal point as to whether the discovery that 9 Illegal ballot were cast at the . Jt election could caue the entire vote jot the 28 precincts In which i they were xast to be thrown oiit, have be.n found Jby Attorney K, Clark. J Tho question is ono of unusual Inter. . st because if the votes of these Zi pre ;clncta, aggregating ' nearly Votes, (were thrown out Municipal Judge HleOrgo Tazwell would have a plurality lot 128 votes over Gorg.e N. Davis for circuit judge. If they were not thrown Jout Davis' present plurality of 128 votes on the official count, except as It might ; Jbo changed if a recount is allowed, ,would stand. '' The decisions cited by Mr. Clark, who ' is representing Davis in the contro- fversy over tho vote, establish the prin .'ciple, that where ballots have been cant , by persons not legally entitled lo vote ; these voters can be required under oath ito tell how they voted. Their votes, it Ms held by the decisions, ran then bo deducted from the totals of the candi dates affected. ; i s " " Case Is Feinted Out. f In the present case, however .Mr. - Clark takes the ground that evert this ',wouldnot be necessary Inasmuch as if every on of the 56 illegal voters had ;voted for Davis, the official count attar ".they bad been deducted would still show him S3 votes in the lead: In other words, be holds that there are not 'enough votes in question to affect the .election, and that the casting of illegal vows never Becomes material unless tthpy Influence the result, , The two cases cited by Mr. Clark appear In the Oreiron reports, as State , va. Kraft and as Van Winkle vs. Crab tree. f In the first case, which was decided '3n 1889, Kraft was a candidate for coun cilman in . the old city of Albina, now ;- rar or jurxisnn. - it was round that , f legal votes had been east, and the Jower court directed that the voters in question bo required to tell Uow they had voted. The supreme court, Jo which the esse -m miri, ujmeiu mis view, ruling that the rights of a qualified voter to - oecrecy in his ballot did not hold In 'the case of a voter not Qualified, and this procedure as a means of deter- mining the correct vote when Illegal ballots were involved, was formally es tablished. i'- In the other case there was a con ' "test between two candidates for county ,-ciera orr.inn county In 1899. It was alleged that four Illegal votes were cast. In settling the case the lower , court bad the voters tell how they bad otei-The result changed "the elec tlon, putting In the man who was first defeated. 5 ' m upnoicung mis course, tho su preme court referred back to and quoted from Its decision of 1889. ' In the present situation, there Is the fact further to be considered. point ed, out by Attorney A. F. Flegel, that ,. 11 the votes In Question were cast bv ,voters undoubtedly entitled to vote, but I Illegality of Votes. J The illegality of each of the ballots Jles in the fact that the voter had not been registered, and was sworn la by i mix freeholders. The oath was admin istered, however, not by one or all the lection judges of his precinct, as the : Oregon law provides must be done in cities of more than 6000 population, but ty a notary public or one of the elec tion clerks. In Multnomah county, out side of Portland, this procedure when followed was entirely legal. , Attorney Clark, in his petition to an fcul Judge Tazwell's application for recount, makes the additional lnterest- tag point ttnit the Oregon statutes do ; not make any provision for a reoount of the vote for circuit Judge, or for any ' Mr. Clark declares that the law, which was passed many years ago, provides oniy ior recounts for county, district, township and precinct officials. There was no circuit Judge at that time, and as we circuit judge Is a state official, ; and no provision Is made for contest In ! Jhe'electlon of a state official, he main tains that no recount can be ordered. guilty to not guilty, Ba'ttell, fW spending alt morning explaining to the court the situation In which he pleaded gu'ity without the advice of counsel, asked for probation. He said heWould provide and that he had given his wife ample means for her support and had paid her boardat a San Franalsco hotel up to the P8nt time. Batell's trial before a Jurywaa set for January 21.: OREGON CITY C0(lNClL . . DEMANDS FREIGHT YARD (SpeeUl te,be JoaronU ; Oregon City, Or Nov, !7. City fa thers waxed warm Tuesday at their regular meeting; in discussing the pro posed freightfranchise for the Port land ItattwajTT Wsht & " Power company, A heated discussion in which Council man. Hn! man. Albrleht. ToozA. Beard and Horten took an active part, finally resulted in passing an amendment to section7 of the charter, requiring the corporation to maintain a freight yard In thn rifv The matter nf lnroM.in which was largely tho cause of the ev;mngs argumo'", was not agreed, upon by the council. , BATTELL CHANGES HIS '. PLEA TO NOT GUILTY (Onttefl Ptmi L-d Vrr.. Oakland. Cal., Nov. 27. Charles Bat .' tell, former steamship agent of Seattle, - " K " J ..... " nu f UH SAllUTQ to provide, wa allowed by Judge K1U- Worth to rhonffrt v.f Telegram Arrives Just in Time to Keep J. E. Hudson From ; v Being Released. Three minutes before John K. Hudson, allas-Blnglingr-who was arrested 14 days ago py 'Detectives Hyde, and Vaughn on a charge' of .attempting to swindle, was tot be released from tho city jail at 4 o'clock . Monday after noon, because there was no charge here that the police could further hold him on, Detective Hyde received, a tele graphic communication from Denver that a warrant had been issued for his arrest on a charge of obtaining money under false pretenses. He then re-ar-rcsted iludaon in his cell In the jail, again thwarting his attempt to gain his liberty. He la now being; held as fugitive from Justice. When the case came up for trial Mon. day - morning in the municipal court on a Charge of vagrancy Judge Taswell gave the police until o'clock in the afternoon, and If a further charge were not obtained by that time Hudson would be released from custody. Immediately after hearing this order Hyde, - who expected an officer from Baltimore, Md to appear and take charge of Hudson, decided to get him oh a charge from Denver. For over an hour and a half tho wires between here and that point were kept hot, Hyde tell ing them that he could only havo Hud sori held uhUT.4 o'clock. T Three minutes of 4 o'clock Hyde rushed into the police station with the telegraphto warrant and re-arrested him on the complaint of the Chief of Po lice of Denver. ' In the police court yesterday morn ing Hudson's attorney waa slightly taken back when he heard that the Den ver authorities had issued a. warrant for Ma client. Judge Taswell gave the police Until Friday to hold Hudson on the fugitive from Justice charge, and it the Denver officer la not here by that time Hudson will be released for good. Nearly a dozen telegrams have been sent and received by the local police to establish beyond a possible doubt that Hudson, alias Rlngling, is wanted in other cities. , BURY AVEEIVIS BODY IN POTTER'S FIELD -------- (United Frees- Leave W!r. . Reno, Nev.,; Nov. J7,--AUhough ' of wealthy parents, the remains of IL B. Weems. who shot and killed Mr. Ea teljo Bag got at Moana Springs hero last week and then committed suicide, were burled yesterday in potter's field with out ceremony. The body waa placed in a plain plna box and the, only persons at tho burial wro tho coronet and an undertaker,, Weems' father Is a furni ture manufacturer in Baltimore. Tho body of Mrs. Baggot was shipped to St. Louis, . ' WO EXECUTIONS IN CALIFORNIA C .6 (tTalted Prees Letted VlrO '' ' r Sacramento, Cal., Nov,,87.Two exe cutions are scheduled for Deoember t f-those of tdward Delehante, a negro murderer, who klUed "St Loul Fat Kaufman, a - fellow .prisoner, to be hanged at Folsomrand Willt-lAil,'T6 Chinese, to be hanged at Ban Qpentln for tho murder ,of hlalather' . wlfo. Luis was reprieved a few days ego, the stay expiring -Doceraber 6, Jake Oppenlielmer.. following , tho de nial of his sppeil to the supremo court to have his death sentence tor attacking a fellow prisoner set aside, Is awaiting the neceBsary resentence " beforo : the Marin county superior court - SUBIMT FINAL BILL FOR TROUTDALE BRIDGE Tho final bill in connection with the construction of the Bandy river bridge was received by the county commis sioners: Yesterday and, turned' over to ' County Road Supervisor IL B, Chap man' for approval, v it calls for tho pay ment of 1648,94. The bridge cost tho county approximately $20,000,' and was completed recently, ? - f Permission was granted Ben Blesland H, to lay a two Inch water main on the north side of tho county road between Buckingham and Clinton streets, . Put -It in -Your Hat- "tput this notice in your hat, and when you. start coughing; let it recall to you that "Rum and Pine'" cures cough and oolds while other remedies merely think about it Ask your neighbor If you don't .believe it. 60o tho bottle, at Tho Clemenson Drug Co.t corner Front and Morrison streets, " . Journal Want Ada bring result. Pry Fuel : MIXED HARDWOOD REDUCED PRICES Holman Fuel Co. ; Mala 3C3, A-33S3. -a Tlie final i i EUOQId WORCESTERSHIRE Its Country Glub Spirit What is a modern city without a Country CTV a Every pretentious city has one, enjoys one, uses ono for special social functions and most cities, without a Country Cluh, fall in the estimation of those who most highly appreciate their worth. Portland has a Country Club, the Waverly Country Club. It is a recent development of the Waverly Golf Club, which, now assumes the splendid proportions of a genuine Country Club, about to occupy a magnificent new home and patronized by the leaders of social and commercial affairs in the Pacifio Northwest. -i Golf Park, until recently, a part of the celebrated Waverly Golf Links, stands to the residential dignity of the city of Portland in the same position as the Waverly Country Club stands to the other clubs. Golf Park is owned by the members of the Waverly Golf Club. . ' . "When this beautiful tract was purchased by the club members, it was definitely and finally decided to develop a residential district that would, in all respects, reflect the same general spirit that the Waverly Golf Club has always stood for. The improvements were installed with that idea in mind; the property was platted with that idea, is being sold with the same idea, and, to the greatest degree possible, purchasers are being selected, rather than otherwise. The proximityof the links, the Country Club and tho Waverly Polo Club, sur rounding Golf Park on two sides, carries the spirit of the Country Club right into the heart of Golf Park. Tho fact that many members of tho Golf Club are preparing to build homes in Golf Park lends additional color to tho idea. To thoso who are fond of residing in the midst of such an atmosphere, Golf Park' is exceptionally inviting. p rxc e Including AH Improvements $5000 C Director oTSalea, 818-823 Spalcling BI3g, Viz