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