THE OREGON4 DAILY JOURNAL, PORTLAND, TUESDAY EVENING, DECEMBER 3, .1912. IIE17 PAROLE Iff. FEEH Biennial Report of Supt. Curtis Explains Misunderstood Pri son Policy; 2 Jears Cost, ' $142,000, Vi& Earned Back 1 .5 ' ifhini BareiB of Tbe Journal) Salem, Oft, Dec. $.- Governor West's prlso policy M carried out under the provision, of the new parol ana ma terminate Mntence laws, is defined la the biennial report of Superintendent Frank iV Curtis of the state penlten tiarr. The report covers the two years ending September 10, 101!.; ' In addition,, the Teport makes, clear tne Operation 01 me runau, ina explains the improvements and work done at the Institution.; The report says: "Owlnf to the extension of our Inde terminate sentence and parole law by the last legislature, and Its being made applicable not only to all those who might hereafter be convicted of crimes for which the' maximum punishment was a definite term of years, but also to all prisoners of the same class theft serving: time, the governor was called upon to release, and within a short time, a large number of prisoners." Largely because of this, and the further fact that the parole law was not fully un derstood by: the public, , the Impression got abroad that the prison doors were swinging outward for criminals of all classes and without regard to the rights of society. There was therefore much unjust criticism of a policy founded upon right and Justice, , and which has come to stay. Prior to the passage of this act, prisoners were, frequently given their release through the granting of conditional pardons. A. conditional par don is similar to a parole, In that It keeps the. prisoner under the instltu tlon's control until such ft time as a full pardon Is granted. i.Xeplag String on the Convict "Before the adoption of our Indeter minate sentence and parole -laws few releases or discharges from prison were due to executive clemency: ; nearly all were due to expiration of sentences. Today, however, owing to the provisions of the aew law, practically every man must secure his release through the pa role board and the governor, and It Is. thus made to appear that unusual exec utive clemency is being exercised, when in raci ii is uie mere tuiiowing 01 me law. It Is the mere tying of a string to ' the prisoner, so that he may be drawn DacK io me prisoa 10 serve pernaps, ins maximum sentence imposed by law, should he fail to conduct himself la ac cordance with the terms of his parole, as a law abiding and useful citizen. "During the year ending , September SO, 1909, there were 171 discharges from the penitentiary. During the past year and under the operation of the Indeter minate sentence" ' and parole law and with a greater prison population, the releases were 270. . .;. - : "Table No. 11 of the clerk's report i, ,, ,., ji.'.v ,: hy ft J' 'Ml fe & ' Tfl IseSt M . . JT -' ....., ...... VfVfc. ,. .-, f Have You Seen the Coupon Now in &4 i f0 J? Liggett $ Myers Duke's Mixture makes a great pipe smokeand rolled into a cigarette nothing can beat it It is the favorite smoke of thousands of men who want selected, pure, Virginia and North Carolina brjght-leaf tobacco. It you have not smoked Dukes Mixture, made by Liggett Myers at Durham, N. C try it .at once. Each sack contains one and a half ounces of tobacco thatis equal to any 5c granulated tobacco made and with each sack you get a book of cigarette papers FREE and A Coupon That is a Dandy, 4 shows the record of 1(0 men paroled ' from January 1, 18 U, to September JO, 1J13., , Prior to that date the paroles, , owing to the narrowness of the old law, were few in number, and no such com plete record trasTlhen kept to show the movements or J-baa out on paroie, ine table referred toTshows that 12 per cent of those paroled have been returned for violation of their ' paroles, or are serving' time' In other prisons; that an additional 17 H per cent have failed to make their reports as called tor, and are therefore listed as parole violators. It appears, therefore, that but a small percentage of those . paroled failed to make good. Reports to this office show those on, parole have earned. 133,(90.70 since their release. We have made mistakes In adminis tering our parole law, but we. have lso learned many things which will be of help to us In the future and go far to make the parole system a fixture. The average dally population during this term was 437, which, compared with the previous- two years, shows an Increase of 23, The escapes during the past biennial period were 40; the escapes for the pre vious biennial period, 11. ; Monthly res Capita 113.67 "The betterment appropriations made by the last legislature, although small, taken together with the balance In the bettermen fund.', and the amount ex pended from the 'revolving fund made possible many greatly Deeded Improve ments and the Installation of a ,fw long needed industries. Of the $142,000 appropriated for- general., maintenance for the. years 1911-1012, there remains an unexpended balance of $11,(87.(7 to carry us to the first of the year. The monthly per capita cost of maintenance has been $11.(7. The per capita coat per day for provision alone has been but 1SI-J cents. ::-;,..ry :,;' "The time will come soon when the state will be In need of additional farm lands, and it would be good business to buy today, for It la only a question of time . when prices upon the tracts de sired will become almost prohibitive. A tract of about five acres lying Just east of the prison should , pa n pur chased at this time. - It cuts Into the state's lands, and Its occupancy' by an undesirable tenant would cause the prison authorities no little annoyance. atew Industries and Buildings. ' 'Many long - needed Improvements have been made In and about the main buildings, barns and outbuildings. Bet ter housing facilities for ' our farm equipment . have v been provided and model hog houses and chicken yards have been constructed. -We have made a point to remove every old dilapi dated and useless structure from the premises, and have thus greatly Im proved the appearance of the institution and grounds. Many new Industries have been Installed witn a view or utilising the surplus labor . which was thrown upon our hands through cancellation of the foundry contract. . While these in dustries must be classed at this time as Infants,, they jwlll krow.; and. in .time prove a great source of revenue lor the state.,, -k " i ' "The labor furnished state institu tions and counties has been charged against such Institutions and counties at 7t cents per day, but not collected. The amount of labor furnished for pub lic works and not collected for the two years ending September 10, 1912, amounted to $29,(16.75. The cash rev- enues from all sources amounted to $40,965.01, making a total of $70.B70.T. It will be seen, therefore, that the earn lngs have amounted to Just about one halt. oft the .Institution's maintenance cost "'. These coupons are good for many valuable presents such as watches, cameras, jewelry, furniture, razors, china, etc. As a special offer, daring No vember and December only, toe will send yoa oar Mas trated catalog of presents FREE, Justsendusyournamo and address on a postal. Cficml tram Dutt$ Wturt mmy tt iuortolwith tan from HORSE SHOE, J.T,TINSLEr3 NATURAL LEAF. irom FOUR KOSE3 uJc-trn JhnUt m) PICK PLUG CUT, PIED. M Q NT . .CIGARETTES. CUX CIGARETTES, entt Qlhtrjat 91 WW MUD OJf W, . Address Premium Dept A ST.LOUO.-MO. J. , & ' A" r HPS WILL FIGI MUD FREIGHT RATES MEASURE "Rule Impossible of Observ ance," It Is Said; Suit First . Against Any Bill Passed at & Last Election.;. M The railroads of Oregon, led by the Hill lines, will fight in United States court, the enforcement of the Medford xreigm rate oiu. The Oregon Electric will enter BUlt In federal court Immed iately to have the law declared Invalid because "impossible- of observance." une present freight tariffs will be continued although under the new law me railroads are liable for a fine of iiuo ror each carload ahlpped In viola tion thereof. This violation dates, tech nically, irom t p. m., November 8, when the ROllS ,'ClOSed. .:';. j', V The contest of the frela-ht rate bill Is the first against any measure vassed at the last election; The Hill lines are taking the lead of other roads In pro test because the tariff which was sub mltted to arovern frlrht rtrrvlncr ein the extension to Eugene of the Oregon Eleotrlo was returned by the railroad commission because It was not In con formity ith tne aew law. Damage to Cbippers. The tariff submitted to govern rates on the new line Is on the same basis as Is, and has been, in force on the Southern Pacific Technically, all llnea that have not conformed their tariffs to the Medford freight rate bill are equally violating the law, fThe bill was numbered 353-859 on the official ballot and was adopted by a vote of ((,(99 affirmative to 44.719 negative. That the damage to shippers and car riers "would be much, greater ' than a fine of $100 per car if the saw law should be sustained Is asserted by Wil bur E. Coman, general freight and pas senger agent of the Hill lines In Ore gon. The operation of the law, says Mr. Coman, ' would be , revolutionary. Business oould not be -carried on 'under it' When Ills considered that the fine of $100 on every car of freight carried on every Oregon ; line would quickly amount -to a great sum, the, hostility of railroads and shippers Is understood the better In contrast Rate experts do not come forward with explanations or defense of the law. Generally they term It "weird" legisla tion,, and aay Its term are scarcely capable of explanation. JL Give Jtoada' Attitude The attitude of the Hill lines was stated by Mr. Coman after a conference with the system's attorneys, Carey A Kerr, this morning. It follows: "While the state railroad commission has not accepted our new tariff naming freight rates on the Oregon Electric south of Albany, we will open freight service on our new extension to Eu gene next Thursday, as previously an nounced, and we will charge the rates named in the tariff which was offered to the commission, but rejected by the commission. The rates in this tariff between Portland and, Eugene and other points are the same 'as those In effect on the lines of the Southern Pacific, and as they are on the same general basis as rates now being charged on all lines within the state, there need be no question in the minds of shippers about the freight rates on the Oregon Electric, "Utterly Impossible," They Bay. I "The Oregon Electrlo , Railway com-' pany believes that the Initiative act under which the commission refused to receive the proposed tariff Is utterly Impossible to comply with. This Is the opinion generally of all the carriers and none of the railroads of the state has as yet changed existing rates. To comply with the new law would revolutionize rates and make such tremendous and radical changes as to put industries out 1 of business everwhera and create a con- uuun ui contusion , uiipuranoieu in me history of the state. The Oregon Elec tric company and the other carriers in the state, believing that the act is im possible of performance and therefore Invalid, are proceeding at once to Initi ate suits in the courts with the Idea of having the law Judicially declared in-, valid." ! L Til WILL BEGIN TUESDAY At 9:30 o'clock next Tuesday mornlntf Dr. Harry A. Start will be placed on trial, the first of the men gathered In the vice scandal to be tried. Two In dictments are outstanding- aralnst him and the second will be tried immediately following the first trial. On the mornlnir of December IT a R. Wedemeyer, bookkeeper for a manufac turing establishment, will be brought to trial on charges of a similar nature and Ms second Indictment will follow the first trial. Both defendants pleaded not guilty when arraigned before Circuit Judge Morrow this morning. . , Peputy District Attorney Frank Col lier declared he expects to try but one of the indictments against each defendant He will handle the prosecution of the cases. Start is out under bonds of 26000 and Wedemeyer is in Jail unable to raise bonds. E. S. J. McAllister was arraigned last evening in the chambers of Circuit Judge Morrow and asked to be allowed to plead next Monday. This request, as well as the waiving of the reading of the two Indictments, was granted. The arraignment of N. B. Healy on similar charges will be heard by Judge Morrow this afternoon. Ilealy Is In jail unable to furnish bonds and an early dte will be given him for trlat T. J. MURPHY HEADS PORTLAND HIBERNIANS Division No, 1, Ancient Order of Hi bernians, held their annual election of division Officers In the W. O. W. ,liall last night, with the following results: President, T. J. Murphy; vice president Emmet Dooney; treasurer, ,Andy JWeln berger, reelected; recording secretary, Joseph Brady'; financial secretary, D. J. McLoughlin; inside sentinel, J. M.. Maney; outside sentinel, R. E.; Barrett; standing committee, W. P, LIU Is, Ed ward Baxrett D. W, Lane, J: W, Ghorm- ! ley, Charles Duggan. f, ; ; gays lie Waa Itohbed of $10. On a complaint of jr. D, Ward that he bad. $10 taken from him by Ernest W. Foster, the latter was arrested last night by Detectives Craddock and Golts In the north end. Ward says Foster gave him liquor .and. lured him to a room, where v the robbery happened. Eluht years-ago FosWr waa arrested for .lar. VICE SCANDA illL BANKS' DEPOSITS SHOW NOTABLE GAINS General Prosperity, of Portland , and - Oregon Indicated by Reports From Five Financial Institutions of the City. Steady increase In deposits and . in the resources of the Ipcal banks Is seen in the published bank statements made today on the call' of the comp troller of currency for reports on con ditions at the close of business Novem ber 28. ;.."-" A. ;-v...'.':- ; Reports from the five national banks showed on the close of business Novem ber 28 total deposits of $36,991,Sllf as comparea to Je,D3,8&6.6 -on Beptem ber 4, the date of the last call, and $35,' 0(8,240.12 on December 8. 1911; ; t - comparison of the figures of last De cember with the call today shows the resources of the national banks have Incresaed from $43,940,40('.SJ' to $48, 198,2(1.44. a difference of $1,457,855.0. Cash on hand and exchange t was slightly lower than la -September. Tne neaitny condition of the na tional banks Is reflected In the reports of the state banks, which, show satis factory Increases both in resources and deposits over the figures of the last re port. .: : , .. The total deposits in the banks whose names and amount of deposits are ap pended below, amounted to $((.952,- 189.09 of November l(, according to to day's reports, while the cash. on band amounted to $22,201,287.68, and the re sources combined totaled $81,488,808.27. Merchants Savings.. ,.....$ (45,990.00 Bates 1,018,1(4.10 Ladd ft Tllton 18.877.540.87 First National 12.712.656.41 United States National;... 10,880,042.69 Lumbermens 4,781,282.88 Merchants National 8,2(8,779.72 nana or caiirornia ,. Scandinavian 4,898,850.0 95U54.84 1,414,216.98 2.864,731.67 4 I6J.867.a7 T.97M90.84 389.222.71 Hibernia Savings Portland Trust .......... Citlsens Bank Security Savings ......... Hartman Sc Thompson...,. several Dangers statea today that their deposits today are much in excess Of amounts they were compelled to re port In, which indicates that the gen eral prosperity Is much better, than the statements show. . - The Christmas Gill Deluxe In your gift choos ing, think well of the taste of the recipient of your present. Please her sense of the artistic make your kindness re membered for years. Give Her An Oriental Rug I Choose from the largest stock west of Chicago chosen for a permanent place in Portland's homes. Save, too. . For there are 1000 choice Rugs at sale prices. Atiyeh Bros. Tenth and Alder St. Better than Better Cascade is $1 so vastly superior whisky that '-'better" is too weak a word for describing its purity, richness and mellowness. It is better than better. The grain used, our scientific dis tilling method, the vtSs painstaking process !0 vi i purification and its hone it aging could produce no other kind. Original bottling - has old gold label, 10 GEO. A. DICKEL A CO. NashyilleTcnn. Kothchild Broa, v Distributors '. ' for tlie . . , fitato of Oregon mm M" i 4Ts' ,M jr tin m u ui ' r I 'mm W5S&M L W HIS IKlllfill'E Mrs. Eva G. Guinn "Inexcus ably" Waited 3 Years to , Sue, Says Court. Ealom, or, Dec, 8.- The decision of the cloult court for Baker county is af firmed -by the supreme court in the case of va Q. Oulnn, appellant, vs. Bumpter vaiioy Railway company, pavia Eocies and Grant Geddes.- This was a suit In equity for the cancellation of two deeds whereby Mrs. Guinn transferred her home In Baker to the officials of the railroad company to keep her husband front being prosecuted for larceny from the company. Her husband,, Louts A. Gujnh, was an employe of thelfcbmpiiny. The plaintiff asserts that the con veyances were mad solely by reason of foar, coercion and restraint, contrary to ner win, and upon tne demand or the defendants, in order to save her hue. band, who when accused acknowledged peculations from, the company. This suit to set aside the deeds was commenced about three years after the deeds had been given, and" the trial court, found that the two conveyances were executed under duress, but held that by reason of the plaintiffs . inex ousable delay In the commencement of the suit for an unreasonable length of time she was guilty of laches and pre cluded irom relief. . . In affirming thia deolsion the su preme oourt declarea the plaintiffs long acquiescence in tna arrangements was inexcusable. In the case of the Nevada Ditch com- pany, appellant, vs. Paclflo Livestock company, appealed from Malheur county, the .decision of the lower court is af firmed. This . was a suit ! for 110.000 damages alleged to have been sustained by the plaintiff corporation and the stockholders who obtained water from the plaintiff irrigation canal thrctagh the unlawful diversion of water by the defendant corporation. The court held that the plaintiff did not properly bring tne suit. . The circuit court for Coos county is reversed in the case of Lewis Strong vs. Coos county, appellant This was an appeal from the Judgment-of the cir cuit court sustaining a writ of review and setting aside an order of the county court of Coos denying a petition for the establishment of a county road. R. E. Baker, appellant, vs. E. P. Sea ward; appealed from Malheur county: action .to recover $760; reversed and re manded. - Frank E. Hodgkn, appellant, vs. John Boswell; appealed from Malheur; - suit to set aside a deed; reversed and a plea entered in favor or plaintiff. Big Baaln Lumber company vs. Crater Lake company, appellant; appealed from Klamath; action to recover money; af firmed. IN, WIFE-SPURNED, Boy's Head Is Cut Off While Father, Living, Moans He -Didn't Want It That Way, . (TAiUed Preea Lea"" Seattle, j Wash., Dec. $. Because his wife would not return to him, C. A. Johnson, $5 years old, a laborer, stood In front of an Incoming passenger train at $ o'clock this morning with his B- year-old son, Douglas, in his anna The train threw the man from- the track, mangled, but not dead. The wheels of the engine and train passed over the i boy, cutting off his head. Johnson and hia wife had been mar ried eight years. They quarreled fre quently, and finally separated. John eon took the boy and went to Montana, returning last Friday. He found his wife and tried to patch up their, quarrel. When she refused to return to him he threatened suicide. -; . He and Douglas visited Mrs. Johnson at :$0 this morning. "If you won't come back to us wo will both go," said Johnson. .- . . The woman did not believe he meant it end the refused. .... v The man and boy Were later seen leaving the Oregon-Washington depot going south. About half a mile from the depot they met the train. The man gathered the boy tip in his arms and stood on the track disregarding the frantic whistling of the engine. The engineer was unable to slow up in time. Johnson has cuts about the head and a number of broken ribs. "I didn't want It to turn out that way," he moaned on his hospital cot wanted to go with the boy." : Just remember $1 KEN SHAW $1. WITH SON IN HIS ARMS STANDS BEFORE TRAIN The- Aircadiao Gard Entertainment Extraordinary GUILE-' Operatic, Tenor TEXAS TOMMY DANCERS Miss Marie Tolman" . Mr. Robert Fenner " . . "'; ENGINE STEAMS OFF AGAIN .' (Rptelal te Tbe lourtmt.F- v -Oregon City, Or., Deo. i, It is a case of 'off again, on again" with that South ern Paclflo locomotive which was "ar rested" yesatrday at the Fifteenth street crossing for obstructing the streets in violation of a city ordinance. Last night the engine was once more on the "spot where the Clackamas Southern wishes to cross ths main line of the rival com pany. . it was there at 9 p. m.. but this morning at 8 was back once more on the sidetrack where the arrested train crew yesterday ran it at the request of Chief Bhaw, , who; served warrants signed by Mayor Dlmlck. ' . .'i.i'.C'iC. George C. . Brownell, who la looking after the Southern Pacific's Interests here temporarily,: said today that his company realised It could not prevent the Clackamas southern people from crossing their ' line;, but that as both THEATRES AMUSEMENTS ENTERTAINMENTS v'-v Seventh and Taylor phones Main 1 ana A-11SI. Evenings, lower floor, 11 rows, ouo; uB4iei, quu, ruy. yi-o u... juai, BEAT BALE . NIOHT3 OPENS TODAT i BEGINNING John C Fisher Presents THE With the Popular ZOH BARNETT, Liower floor. 11 rows, iz; v rows,-slow, Special price Saturday Matinee. $1.60, Main : A-1010. Matinee Dally., AT THE BUNGALOW THEATRE, Twelfth and Morrison Streets, v Mat lBc, J5o, BOo. Nights. ISo,' 80o, 7Be ffiMEIL? :TIU!FlTraiP In emotional drama, "THE WOMAN HE MARKIEO." as played by Virginia fy . Harnett. Intensa Actlnr . Bcenes GrlDdn Bltuatlona Clever Condr. Eve.. 28o. Sc. SOo. Mat, $6c. pireisa- L3 Sullivan ft Conaldlne GEORGE B. RENO eVCO, , ' in "The Misfit Army." . I MORE HEADLINE ACTS 4 SPECIAL' PRICES. Matinees, any seaflOc. Nights, 10c, 0c". MTA (ftp The Five Greens, whirlwind musical comedy Stars; in rtfil"-" M&nr and Myckoff: Three Elliott Brothers; Shaw Miiliavii nd Wilson: Frank Rodgers: Pantagesoone: Orches- r- "MATINEETAlLTtrar"The Four Cook-61str.-America's -Q u e an s. of WEEK DEC. song. Popular Drices. Boxes and first row balcony Curtain 2:80, 7:1$, . reserved. i edy Keating Flood Cov Pre-ents THE MERRY MINSTRELS tin. Two Parts) . Luncheon at The Portland We serve an appetizing luncheon every week day from 12 to 2, in the main dining room, at 50 cents. The service is prompt, giv ing you ample time to eat leisurely. Try it tomor row.' AFTERNOON TEA From 8 to 5:30 affords pleasure and relaxation to many shoppers. You will enjoy it. THE MARQUARDTS ; Every Afternoon 1 and Evening. Piano? v Organi Violin,; 'Cello, Harp. The vr;::: Portland Hotel G. J. Kaufmann, Mgr. N. K. Qarke, Asst.-Mgr. Dine At . - To -Might!: : Cuisine, Service and Surroundings All That the Most Cultivated Temperaments Could Desire . ," KONSKY'S ORCHEStRA OF SOLOISTS ' MISS MINNIE RHOADES - - - Songstress ; -Splendid Repertoire 1 H. C BOWERS, Manager s l r r , lints crossed on a distinct grade, the Interests , of all parties demanded that the local company should erect a sub stantial steel structure Intead of the wooden trestle over Which they are at tempting to cross the Southern Paclflo1, tracks. Both lines are built' about 1) feet above the street , , S, TO BUILD NOAH'S I (SjmcUI to The Journal. . Olympla, Wash., ; Cec S.George ' a Shepherd of Portland filed articles here today with the secretary of state : for "Noah's Ark." a 11,800,000 corporation, to build a big ship for "a " traveling menagerie and circus. Paul II. Broat of Portland and James P. Btapleton of Vancouver are among the incorpora tors,.,! .?:. .. .. Journal Want Ada bring results. and TOMORROW ' Popular Price Matinee Tomorrow Aft . John Cort Offers tle Big Musical Comedy Hit With CHAPINE the Charming French Prima Uonna to People p-ZO Orchestra. . j- : $10 o; 7 rows, tl.50: Balcony,-11.00. Ito. i, i oo. ouc, j oc, ioo, oeais rjow seuing. '.'5 SPECIAL PniCE MAT. SATUKUAY the Musical Comedy Success RED DHK Egeellent Cast and Production. Evenlnrs: , waioony, i, 750,- 6O0. $1. 75o, SOo, ISo, 2Sc Gallery. iOo. fiMfiora. In THB COME-BACK." Geo. U Baker. Mgr.- Main I, 'A-SS$. AH weeic Mais, wed, ana Bat Next week, "The Greyhound." MATINEE . DAILY .Home of IterinM ' Vaudeville Phones A-$288. Main 4$$. ; GEORGE SHEPHERD THE BEEF TRUST CHORUS retained for one week more only. Tbe Laughtest Corn In Motion Pictures Thursday Night, tseei itu?i unorus uontest; tTiday Wight, Rosebud's- C o n t st Two -Performances Nightly. Mats. Dally. Admission 15c, 25c, & . "The yoimla Y - - Bwvt Bhop? f j XV Or Sforrlsoa, near Sf yu' :..,.:;N ... -ronxta. ,f 1 TIRED AND WORN " FROM YOUR Xmas Shopping? Try One of Our Many ' m , ueugiittui warm ... Beverages AT THE FOUNTAIN or if you prefer la our , Luncheon, Parlors.: TMt i POPUbA JWCCT CHOP. KZ3 ' MISS GILB'ERT ; U : Entertainer ' 1? Ii !i I) It tl ti ti n 7&1 I 13 t ii 1 . -1 c-ny. l,