Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 11, 1916)
MOTIVE MAIN ISSUE IN LIBEL QUESTION, . ; : ASSERTS THE COURT Judge McGinn Presents His Opinion of the Law Govern i ing' Cases in General. , '.INSTRUCTIONS ARE GIVEN 1 "Inrr tm Jndra of law fta Wall aa ' of rcta," Sajrt Jndft; Cm Are Cited. 1 Th$ inction of motive 1h tlie prln Clpa! tlllntf to lm tMkon Into consid eration by the Multnnmnh nminty lK rand Jury in its invalidation of , i lmrneii of crlinlim' lihel, ac-cordlnf Hto lnntnictlnriH jclven the Jury today by Judge MoGlnn. ' It ! preminipd tliat the grand Jury lie InventlKatinic the charso of libel i made ly (,'onrchinii McArthur ! again. t R. P. Hutton, mtpprtntendent (of the Antl-Haloon leaKue. Tlie grand I Jury- nuked Hi court for instruction. Judfre Mcfilnn Ha id the law of libel , evidently wan paHd by a lot of peo , pie who wti j afraid of adverne crlt I KlMm. , "My vlevra of the law of libel." he I aald, "are tliat the Jury In the Jndxc 1 of the Itiw mi well as of the facte, i and that Hip dfrflon of the supreme l court f Kaimna ,n Stale vh. Iltich, , '31 KanMHH. and Coleman vm. Mcl-n-; .nan, 78 Kaiina, correoly state the I, law of prlvllfRP, whether the circular I ,tu previously aervel on the candl- I date or not. , "All lawn and the Orrpon law of libel Mfm to luiVti "jvien inur.f'tl 1 1 y lot .of people afrni.1 of ei'verne crttl t -Cllm. They must he construed wnh J Tference to the l.nhilr welfare. Did i the accused, In wh;it he did, act In I the hionent belief that hn vos doing I rlrht? If ho. he Hh'iuld not ., I - tile ted, though what he a ys ' may not !Bot hove lx ri ntih tIy tru";.l U'lmt nald Is untrue, I he otoer element 1 of lllwl belnx present and the uiothe I n bad, Im xhovild be." j ( JUDGE clki;to reversed lavl Sets Aside Action in Rut j ' Instate Case. i 'y Holding Hint County .Indue Cleeton I had ..exceeded, JiIn jurisdiction and I .exercised lil function as the Jiulgo I Of the county court erroneously. Cir ri cult Juris linvla reversed the order of 1 Judge Cleeton in the W. K. Iiu.st estate ) Property valued n .tljniit $17,000 Is I the. wuhject ot a controversy between I Mary Benner and her brother, William Wallace Runt. The property was con- Ve-yed to Mrs. Benner by her brother, ( "W. B. Rust, some time before he was 4 "taken to the state hospital for the ln- iMQe, wnere be died. Mrs. Benn"r was appointed adminis tratrix of her brother s estate, chiefly for the purpose of executing certain contracts and mortgages. Her brother. William Wallace Rust, petitioned Judge Cleeton to have her removed as administratrix Rnd also filed, ault to have set aside the trans fer to her of the property Involved. j tiharg-lnK that he fraudulently induced i Iter orotner to convey her the property i hen he was mentally lncomrjetent i "W Judge Cleeton entered an ordar TWnrch 22 removing' her as adminis tratrix and appointing In her place George II. Keene. This was the ordr tnat .Judse Uavts reversed and an ttulled, the matter having come before him on appeal from the county court. Attorney James (. Wilson Is repre senting Mrs. Benner and Attorneys Oglesby Young- and W. M. Gregory are representing William Wallace Rust. dissolved- the temporary . Injunction that had Ueen heretofore Issued. Attorney for the motor company argued that Boone & Co. were acting only as an agent, that the contract under which retailers handled Ford machines was a consignment contract and therefore the Ford company had authority to control the retail price. Judge Gantenbein accepted the view of Attorney Robert F. Mag q ire, repre senting Boone & Co., that-tlie contract between '. the Ford company and the dealer "who handle tt-c&ra la a con tract of sale and not a contract of consignment. VERDICT DIRECTED BY COURT Contractor Wins Claim for Extra Compensation. Holding that a contractor should be paid a reasonable value for the work he performs. Judge Gantenbein today directed a jury In hie court to return a verdict in favor of the plaintiff In the suit brought by Columbia county, ex rel Harry B. Johnson, against the Consolidated Contract company for It was brought out In the evidence that Johnson was a sub-contractor on highway work In Columbia county and that the line tor the road was changed, necessitating a jcreater amount of work. Johnson eued for extra compensation. Stevenson Is Barred. A candidate for presidential elector is not eligible to serve on an election board, acordlng to an opinion given by Deputy IMstiict Attorney Hindman to John 11. Stevenson. Mr. Stevenson is a candidate for presidential elector on the Democratic ticket and he was named as chairman of the night elec tion board In his precinct, lie asked the district attorney for an opinion. District Attorney Kvsns holds that. Hot only candidates, but deputies in the office of candidates, should not be permitted to serve on election boards. Railroad Company Sued. Alleging that he suffered damages through the careless and reckless man ner in which the Great Northern Rail way company handled a. carload of cat tle shipped from Mount Vernon, Wash., to North Portland. G. D. Burdick filed suit today against the railroad com pany for $600. The stock was shipped last Augtist. Burdick alleges that one calf was killed and the other ani mals were bruised and injured. REGULAR NFANTRY A VANCOUVER WASH JS SENT TO BORDER LINE Second Battalion and Com pany C of First of Twenty first Leaves for Arizona, IORD COMPANY liOSKS SUIT ,PIan to Control Retail Price of i Cars Defeated. .v The plan of the Ford Motor company to control the retail price of Kord au tomobiles sold by local dealers was knocked out In this county by a decis ion of Circuit Judge Gantenbein today. V Judge Gantenbein denied the Kord Motor ' tnanent Injunction" restraining Benja min c Boone & 1 o. from selling ma chines at less than the list price and Vancouver, Wash., May 11 The sec ond battalion of the Twenty-first In faitry anj Company C, of the first bat talion, left here today for border points, in compliance with orders received yes terday, ordering them to proceed at once. The second battalion is destined to go to Yuma, Aria., and Company C will go to Norales, where it will prob ably be joined by the other companies of Its battalion. The Ninety-third company of Coast artillery la atatloned . here, arriving yesterday, and will assist the 80 mem bers of'-Company F, United States En gineers. )nvdoing guard duty at the lo cal post. The special will consist of more than 20 cars. Nine escort wagons, 36 mules and 11 saddle horses for the officers are included in the equipment to be taken. There are 374 enlisted men and 17 officers. U. S. Asks Nature of German Punishment Washington. May 11. (I. N. S.) American Ambassador Gerard was in structed by Secretary of State Lan sing today to ask Foreign Minister von Jagow bow the commander of the German submarine, responsible for the attack en the channel packet Sussex, was punished. SENAT! U I OR CUMMINS IS el pniwrn ILLUUIIILU WARMLY AINKblUKtuUNblUM Roses Greet Him When He Crosses Boundary and Grants Pass Is Hospitable, MAKES KEYNOTE SPEECH dire Z.nd to Koaeat Settlers In His Flaa; Advocates Cheaper Money for Farznerg. Grants Pass, Or., May 11. United States Senator A. B. Cummins, of Iowa, candidate for the Republican nomina tion for president, was given a rousing reception on his arrival in Oregon to day, his first stop, at Grants Pass, be ing .marked by a noisy demonstration. Hundreds of citizens were at the train on Its arrival at :30, and the visitor was escorted to hia hotel, where for an hour an Informal reception was held. At 11 o'clock Cummins spoke at Rail road park. The state grange, in ses sion here-, adjourned to attend the speaking in a body. Cummins will go to Ashland by auto, where he will spak at 4 o'clcok this afternoon, and in the evening he will address the citizens of Medford. lowans are taking a central part in the reception being tendered the sen ator, and. as he first stepped upon Ore gon soil this morning, he was present ed with a great bouquet of Oresron roses by a delegation of former lowans. Gives First Address. "Unlock the doOrs of the west and give to tlie honest settler every till able acre. True prosperity cannot come till the public domain Is given into the hands of the men who will use It for development." This was the challenge which Sena tor Cummins today flung at the con servation policy thut has now tied up 74 per cent of tlie area of Josephine county, in the first address of his western campaign! Water power, said Senator Cummfnj In his address, cannot be conserved by the state, but by giving of rights of way through the public domain wher ever it might be needed, water power could be developed as required. Speaking upon the question of pre paredness, the ; senator advocated ample fleets upon both the eastern and western coasts, with an arrny suffi cient to repel any force that might at tempt to Invade. He said that the trtubles along the Mexican border hsd exhibited the pitiable weakness of the array.- Wants Cheaper Money. Cummins said that the present rural credits bill in congress does not jut meet his views, but he advocated such legislation as woold give the farmers of the country cheaper money. Tlie prosperity of the east, said the senator Is based largely upon the war condition of Europe: and he said that a readjustment of tariff must come to bring a prosperity to the United States based upon peace conditions. J. U. Sammis of Lemara, Iowa, ac companies Senator Cummins on his western tour, and made the opening address here today. The crowd in Railroad park to hear Cummins was estimated at 3000 people, including the members of the state grange. Youth Is Missing; Drowning Feared Johnson Creek Dragged la Belief That Oliver Johnston May Have Met With a Fatal Accident. Oliver Johnston, 15-yea-old son of Mrs. Jennie Kaye of Wichita, has been missing since 5 o'clock Tuesday after noon. The neighborhood between Wichita, I-rents and Miiwavkle has been thor oughly combed and today Johnson's creek is being drugged in fear that he mav have been drowned. Young Johnston, who Is a pupil at the Milwaukie high school, returned home from "school Tuesday afternoon and was chided by his mother for neg lecting to perform some small duty. She later "made tip with him and it was thought all was well. After don ning his working clothes to cut some wood, he disappeared. The lad is said to be Unusually sensitive. He is 6 feet tall, has blue eyes and is fair in complexion. WORTH IL CITY TO VISITS INSPECT HIS BUSINESS INTERESTS Founder of Chain of 5 and 10 Cent Stores Predicts Higher Prices for Goods, F. W. Woolworth. builder of the tallest business block jn the world an 1 founder of the great chain of and 11 cent stores that are located in many cities and towns in the United States, has passed through Portland on his first tour of the Pacific Mr. Wool worth is tall and dignified in appear ance, with a gray mustache. His ha been a remarkable career, so- far as business goes. He has visited Kurope 21 different times. He is accompanied on his trip by a sttihII party of business associates. After a short trip on the Columbia river highway yesterday. In company with John B. Yeon. he went to Seattle, where today lie is inspecting the busi ness district. Efforts to induce Mr. Woolworth to remain over here until today so that the retail merchants' bureau of the Chamber of Commerce might accord him some attention proved unsuccess ful. He starts east tonisht and will be back In New York Monday. Mr. Woolworth said business pros perity has returned. The public may expect higher prices, however, because of the advance in cost of the goods lie sells. If further agitation along wel fare lines is carried on in Oregon, he prophesied that the public would find added burdens. Girl employes of the local branch of the Woolworth institution yesterday wore "welcome" badges in honor of their chief. SUBJECTS OF SOCIAL AGENCIES MEETNG SPEAKERS CHOSEN Prospects of Revision of Ore gon Criminal Code to Be Discussed at Length. PROGRAM IS ANNOUNCED What to Bo With Those Hot Efficient Enough to Earn a Living Wage, One of the Topics. What to do with the people who are not efficient enough"to earn a Jiving wage, and the need and prospcts of a revision of the Oregon criminal code will be considered at the first two sections of the annual meeting of the Oregon State Conference of Social Agencies at Reed college tomorrow afternoon and evening. The subjects of the addresses and the speakers will be, for the afternoon session : "Society and the Inefficient, " bv President C. J. Bushnell of Pacific Lni versify. "The Social Problem of Inefficien cy in Industry." by O. B. Coldwell. general superintendent of the Portland Railway. Light & Power Co. "The High Grade Infective." by George A. Thatcher. ..ill . . . I. mi , 1 z-... nnm ig no v nn i nose v no tun not Earn a Minimum Wage," by Ed ward W. Olson, commissioner of labor for the state of Washington. "The Social Function of the Pc-hools in Relation to the Inefficient." by Ed ward O. Sisson, commissioner of edu cation for the state of Idaho, and "What Institutions Are Needed to Handle the Problem." by George P. Putnam, secretary to Governor ithy combe. For tUe evening session: "The Development of the Oregou Criminal Code." by Dean Calvin VS. Gantenbein of the Northwestern School of Law, "The Work of a Psychopathic Insti tute." by Miss Eleanor Rowland, pro fessor of psychology at Reed college, "The Inadequacy of Criminal legis lation," Dr. Henry V. Cope of Chlcasj secretary of the Religious Education association. "Defects of the Present Criminal Code." by Walter II. Evans, district attorney for Multnomah county, and "Suggested Changes In the Oregon Criminal Code." by George M. Brown, attorney general of Oregon. On Saturday afternoon and evening two more sessions will be held. Tomorrow afternoon at 5 o'clcok, If the weather is fair, there wlll.be May pole dances on the campus by the women of the college, for the enter tainment of tlie visitor at the college. ! COAST LONGSHOREM FOR MAY ASK OF FIFEN A PER EN E CENT RA1S Question Is Put Up to Con vention in Session at Seat tle After Committee Report J. J. FOLEY IS PRESIDENT Action Expected to Follow Afternoon Session on Labor Temple ; Fortland Men Tics Presidents. retary-treasurer with headquarters In Seattle. J. a. Madsen of Portland: vice presidentfw J. Mtiber of -Portland.' for Oregon: P J. Marten ,(f Everett, for Washington; .1 Taylor of Victoria, for British Columbia. Executive board members J. Kelly nd I.. Sullivan for California: T. Meyei, and C. Bennett for Oregon; H C. Smith and Connors for Washington; G.ndun .1. Kelly and It Howard for British Columbia. This Is the ninth annual gathering of the association. Violation of Law Alleged. John Kaiser of 661 Hood street was arrested by Patrolman J. J. McCarthy this morning charged with circulating liquor price lists and advertising. Kaiser was discovered selling vials at i cents each, six for $1, which, whet' analyzed by city chemists, were found to contain burnt sugar and extract. Kaifcer said he had been asked to act as an agent by a company, and did not know he was violating the iaw. Seattle, Wash., May 11. ( X ' j Demands for a liberal advance in wages may be made by the - Pacific ' coast disiri.t of the International Longshoremen's association in conven tion hem today, following the after noon meeting at the l,alor Temple. Following the report of the commit tee on wage s-;il,. at Wednesday's ses sion, the matter wa placed before the convent Ion. The advance to he asked will aer age 15 per cent for the entire Puriflc coast district. New officers were elected as follows: J. J. Foley of San Pedro, president, to succeed Jolin Kean of San Fran cisco, who declined renomina tlon ; sec- Caplan Denies That He , Was Conspirator aecnaad li Times Dmamltlnr Out Says Was Vever in Los Angeles Un til Brought There to Jail. l.os Angeles, May 11. (U. P.) David Caplan went on the stand today and denied emphatically tnet he had ever conspired with any person ar persons to wreck the Times building in this city. He usid? "1 do not believe I have read the Time once In my life.. I never bought dvnamite; never was In tha launch last iine' ; know absolutely nothing ol' any plot ngalnst the Times; was nl home during the month of Sep tember every d;iv and every evening with mv wife and children. I never came i ,os Angeles In September, ISl'i. nor In my life, until I . was brought here n prisoner." Caplan declared Unit -he was never at tlie home of Mrs Belle Davln. where the allege,! i-otisplracy is said to have been hatched. He denied he knows J. B. McNamara, and entered specific denial against every hare. inn Jo by the prosecution. His examination will be conn lined this afternoon. MISS ABBIE WRIGHT -sir- f 55 $ & xaT ' Jr j MO. 134 OH BALLOT. Republican Candidate for SCHOOL SUPERINTENDENT MUX THOMAS COUJTTT. Republican Primaries May 19. At present teaching m a Portland school. roucrx albaitt teaches can didate AT PORTLAND. Miss Abble Wright Banning- for Super intendent of Schools of Multnomah. Miss Abbie Wright, a former teacher in the Albany schools, is a candidate for superintendent of schools in Mult iiomah county, on the Republican ticket. She is a graduate of the O. A. C. woman of splendid attainments. It is about 20 years since she taught in Albany, and she has been teaching ever since, a talenred woman. Tne Democrat started to say young woman. Miss Wright is just the right age for superintendent .of Multnomah county, and certainly has a good platform; true to trust; threefold education, heart, head and hand; promotion ot civic centers: breadth of vision; assist ing pupils to make definite choices: development of club work and better forms of recreation: enforcement school laws; promotion of child wel fare: standardization of schools ana the making of every minute aial every dollar count. (From the Albany Democrat. Fri day April 14. 1918). iPaid advertisement. Miss Abble Wright. 325 E. 44th.) New Chinchilla Coats $15.00 The season's most popular striped and plaid patterns, as well as plain white. Clever styles, some belted, others flaring from the shoulders all suggesting new ideas for Spring and Summer wear $15 and up. Just In! Novel Stripe Skirts New", canvas cloth, cotton gabardine, and otjiqr-wash materials, as well as clever wool patterns. The, most complete assortment in the city $3.00 up. A Charge Account Your Privilege - .' I Washington St. at Tenth Clever Suits Both in silk and wool, as well as combinations. Hundreds of pretty styles to select from at exact ly the price you want to pay. Lingerie Waists Special $1.00 Friday and Saturday The new, bright colors in cape collar styles, dainty white rice cloth, marquisettes, lace and embroidery trimmed, etc. iMany of these are worth $2.50, but are offered special for Friday and Saturday only at $1.00. Other, Waists Handsome Georgette, laces and crepe de chines up to $15.00, . Wash Dresses Daintily effective styles are arriving daily a pleasing assortment now on display. THE BELTSAC-illustrated is the most popu- OLDEST BHANO Von (pilars IN AMERICA You men who know Lion collars will need no second invitation to get yours here. Other men will soon learn how good they are. Here only in Portland. All the new styles just here at lac or 2 for 25c. lar Styles of the many designed this season by Kuppenheimer. It has sott roll front, belted back, patch pockets, and is unlined. Athletic cut vest and straight trousers, tailored beyond criticism by The House of Kuppenheimer This smart style is but one of the many Clevel and exclusive models-we have for you in all the rich new mixtures, pencil stripes, banjo stripes, etc. See the special window of Beltsacs and the oilier new models at $20, $25, $30 ana $35 BOYS' PINCHBACK and Norfolk suits just here in handsome new grays, tans, blues and fine mixtures. Some have two pairs of pants. All are made of .sturdy, serviceable materials for boys of G to 18 years, at $6.50 upward. Tub suits of fast color fabrics in all the new styles at $1.00 up. Dependable Wearables for Men and Boys Morrison at Fourth S. & H. Stamps Grren on Requett mmiiiii iiiiniiiiiiiiii JUST THREE MORE DAYS OF THE SPECIAL PRICES 'V I: -'f r: ' ' i i it a T- f ' W A - . Doesn't the clean, cool appearance of a kitchen like this appeal to you? The additional comfort and convenience mat it means to the housewife is at least worth investi gation. Such a kitchen costs no more for fuel and can bd purchased on the easiest of easy terms, in addi tion to a special 10 discount from usual prices this week. National Gas Range Week Salesroom open until 9 P. M. Free Demonstration by our cooking expert in your own home. Main 6500 PORTLAND GAS & COKE CO. Salesroom Fifth and Yamhill Streets A-6274 iiiuiiiiiiuja,,