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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 30, 1919)
Till: CIIZGO.t DAILY JOUHIIAL, PORTLAND, WEDNESDAY, APIUL C J, i:io. JUDGE 1.1 L PIPES-; ill BRIEF-SUPPORTS GOVERNOR OLCOTT Portland Attorney Says Constitu tional Provision Not to" Fill but to Prevent Any Vacancy. SUCCESSION INSTANTANEOUS Says Clause Fixes Erid of Term as That for Governor and Not That for Secretary of State. Balera, r., April SO. One of, the most forceful briefs yet presented, in manda musy proceedings instituted .in the su preme court by Gf vernor Olcott against i mate Treasurer noiz to- aeiermino m governor's status as chief executive, was filed today by Judge Martin IPipes of . Portland. ' . -' - ',' '- ' ' - He quotes a- section of the constitution Which says in case of removal or death of governor the office shall devolve upon secretary of state. . . . . He-says: T'" "Our fundamental contention is. that the object of the clause Jn question jWas So insure always the continuity of the office and functions of the chief execu . tive, the head of the state. Its object was not to provide for filling a vacancy, - but to prevent a vacancy. i" COSTIJIUITT ITT OFFICE - ' ,-It was Jnever 'intended that Oregon should ever be. and she never baa been ' and fiever will be without a goa-errior. charged with all the powers, entitled to 'all the emoluments and endowed with all the dignfty of the office pf governor, including tho official- name and 'title thereof. . - ' ' -: ."'V "In other words, tthtL section .provides for a succession. Instantaneous and by . operation of law. ; It admits otnotnter - val, suffers no delay, requires no cere mony, awaits no consent,' demands no sctlon. i When tho governor dies, the , ' governor lives. .The political power and function comprising the office are to be continuous, .uninterrupted and perpetual. 'The idea of the continuity of the of-! flee of chief executive of a state or na- i tlon is not new or strange.' It is history. The most' important ' and ? fundamental I notion in all governments, of whatever , .form and everywhere, has always been tp - provide a succession of the executive power, instantaneous, automatic and ef fective by the sole force of -antecedent . law." , . , t ' LITERAL MKAXIN3 PUESKSTED . Judge Pipes discusses the succession of 5 kings and problems before the colonies before the republic of United States was t formed, . in providing for succession, to ' office of the chief executive : of - state and nation, and points out the provisions made in' ail states to guard against a ; hiatus occurring in the office . of the chief executive, for a single moment. ; ' He hI so discusses the literal meaning of the language, used in the Oregon con stitutional provision relating to suc cession in the office of governor and in sists that TNot only logically and upon historical,' political ; and Judicial prin ciples, ir. Olcott is governor, but grammatically speaking he is the suc cessor; of Governor Wltbycombe." v "The contention seems to be made f&nd this seems to ' be ' the '. principal hope), that the secretary-! of state," says Judge Pipes,; "performs, the' governor's duties hy virtue of being' secretary , and'there fore when he shall ceaseto be secretary ho wilt cease - to perform, those duties.' Even granting the premise, .the oonclu- slon does not follow. The insuperable objection to that view Is that the clause itself fixes the duration of the duties and fixes, not at the end of the secretary's term, but at-' the end'of the governor's jterraX'r f ';'s..,-i.V-;''..,'i;. :vf'C''-' , -. V - - - ., " .I ii ' . ' Higher Prices for Lumber Predicted . ...- ''.,-. ' ' . s " Milwaukee, April 30. (I, N. a) That lumber prices are going up was the de claration Tuesday at a conference of sales managers of Wisconsin sawmills -at a preliminary conference of the Northern 'Hemlock and Hardwood Manufacturers' association The demand is Increasing, ' the lumber production decreased because -of an open -winter - and , prices cannot go - lower, There was nearly ; a 20 per cent decrease in production last 'winter over normal,' it . was reported. :.. .-,; Hptse of Morgan.;. Boosts ;Loan Fund , . ; . . r K. y-.- ". New York, April 30. A Wlost Jn ,the sale of the Victory loanVWas made here Tuesday when J. - Pv Morgan as Co ' purchased . $25500,600 worth of bonds. - - " . v Now, she AT-thctinrung of Spring -TX ttde cg fading heath. UT Qudea aVaM-&lansaWll. resuia. Som coior crept back lWlh wan cheeks, the Uadesa ey e -took o the tparkte of renewed health, mui' body and' fcraia f. - umm m M. J. BXSmNBACH ' . ! COMPANY , . r- 'Supports1 Needed : For World League ToTJe Successful Paris.' April -" 'N. S.) The League of Nations constitution, which was adopted without further amendment by the plenary session of the peace con ference Monday. likened today by Leon Bourgeois to "a house that Is open to every wind." - ' - M. Bourgeois., who Is the League of Nations expert on the r encn peace delegation, savs that "supports" are needed. The French statesman pointed out that President Wilson bad won four vic tories. One on the exemption of the Monroe doctrine from the operations of the league and the others In the capitu lation of Japan, France and Belgium on amendments they were supporting. Welcoming Throng 1 Swarms Onto Piers New York. April 80. (L N. S.) Sev eral thousand men, women and children from New Tork. Pittsburg and Philadel phia gathered outside the Hobokeh piers Tuesday to greet the 77th division vet erans returning aboard the Agamemnon and Pennsylvania 'troops on the Kroon land, -stormed , the guards and swarmed out on the piers as the troops began to disembark. - The Pennsylvaniahs led the drive. After threats of army guards had failed the debarkation was stopped until the guards received reinforcements and drove the crowds,back. Man Leaps in Front - Of Engine and Dies Pendleton, April 30. Harvey Hamby, an inmate or tne state nospttai nere for more than a year, committed' sui cide Tuesdajr'by throwing himself on the track in front of an O-W. switch engine. Hamby, with a . number of other pa tients of the Institution, was digging dandelions from the lawn and as the en gine was passing he suddenly dashed forward and ran In front of It before it could be stopped. ;. Hamby had pre viously : shown ' signs of despondency. He was killed instantly. Colonials Wounded In Winchester Riot London. April - 3t). Twelve soldiers were wounded and had to be sent to a hospital as a result of a disturbance which .broke out among troops wait ing at. Winchester for, transportation overseas, the war office announced late today. ' 0. . The jfrords - "transportation overseas" In the above dispatch would imply that the- troops in question' were colonials. Corijgfess Blained . By Senator Borah Washington. April 30. (U. P,) Blam ing congress generally- with Postmaster GeneTa Burleson -for alleged evil's uirder the Burleson regime. Senator. Borah Tues day said that repeal of autocratic laws Is as vital as the removal of Burleson to restore American 'rights. He voiced his intention to attempt repeal of the. espionage laws immediately upon the re convening 'of congress. : : f i - Sunday School Body . Of Umatilla Meets Milton. April 30. The UmaUlla Coun ty Sunday School association met Sun day "-at -JColunibl - college .with "County Secretary Bishop of Pendleton to dis cuss problems In connection with the Sunday . school work, of the county. Teachers, and workers from Milton, Freewater and TJmapine were present. Alabama Keymen . : ' Support Walkout Blrminiham,' Ala., April 80. (I. N. S.) Sentiment among ' telegraph operators In Birmingham and' vicinity favored the proposed nation-wide strike, 25 to l , according to. a tyote being taken among the 150' operators employed in this dis trict local, union .officials stated - today. Ex-Kaiser Still Has : His Hun; Following 'Amsterdam.-April 30. The ex-kalsers frlendjr ln Germany-Still number legions. An address of homage has Just -been re- ceived by 'TUn , at Amerongen bearing can romp' J-W - J Ti tk father was Worried aboW hit VankUn waSTSSl p. "U"ea a A bnaiacaafrfoad dtiacd iiim to 1 .. did ao. rt reafiy rtnuthU seal r W mmm inr i tfcet te.O-ade't. .HswTeak- MSK ssm mmwm eff B ease aad oendiUoai. ., - HilHMT VaJUMCt - Ttaaaa h asAr ' ' M'Nary Is Behind Big. Cutoff Scheme In Klamath Region Klamath Falls, April SO-Captaln O C Applegate, secretary of the Klamath Chamber of Commerce, who has been fn correspondence with Senator McNary of Oregon regarding the completion of the . Natron cut-off, from Kirk In this county, tdtOakridge in Lane county, has been assured by Senator McNary that he Is unqualifiedly behind the move ment. He states that "Klamath has been out of Oregon too long- already, and X want to assise In bringing it back into the family," and advises that he has seen the : railroad administration and that they are. favorable to the -movement if the f consent of the Southern Pacific system can be secured for the expendi ture of the necessary funds.. The senator has been requested to communicate with the board of directors of the Southern' Pacific company at New -Tork.. - Bar Association to Feast in Honor of v fie turned Fighter s The Multnomah Bar association, Tues day night at the courthouse, elected new officers and planned for a banguet in honor of the returned soldiers a&d sail ors who belong to the organization. The following officers were elected: Barge E. Leonard, president; Milton U. Klepper, first, vice president; Major, Lester Humphreys, second vice presi dent ; Judge T. V. McDevitt, third vice president: J". A. Beckwith, treasurer; James W. Crawford; secretary ; John Manning, counselor, and Clarence H. Gilbert. "W. S, Asher and J. B. Offner, chancellors. It was decided to hold the banquet during May. One hundred and twelve members of the association were In mil itary service. Kiwanis Club Aids Campaign in Behalf Of Roosevelt Road To arouse interest in the proposed highway, the.. Portland Kiwanis club Tuesday evening held a Roosevelt high way meeting, in charge of S. C. Pier, city commissioner. The meeting ' was held at the Benson hotel, beginning with dinner, and included besides the talks on the proposed highway, a musical pro gram and dancing afterward, wives of the members being present. The proposed highway was advocated by Mr. Pier, not merely on the grounds that it would be a fitting memorial but also on the grounds that, beintr located where It is now proposed. It would open up much farm country and be of value for transportation. Miss Marion Ben nett and Charles JCamana Dimond gave musical . selections, as well as the Kiwanian orchestra under the direction of W. A. McDougaL Red Cross Branches Hold Umpn Meeting '- ."1Sj- I. " iST- mil ! " '4'-" , " "-;' .'ft. - Milton, April 30. A union. Red Cross meeting If the different branches in this vicinity "was held in the auditorium of Columbia college Sunday at which Cap tain: Royv Jtltnen i who saw. ,actlve R. X Cross service in France, gave interesting details of the Red Cross work among the soldiers. Mrs. Jasper Olinger, 'vice presi- aenc or tne Milton Red Cross, presided over the meeting, and the following pro gram was given : "America," audience ; facripture reading, Rev. Alan McRae; prayer. Rev. Floyd A. Ross: trio. Miss Compton, Mrs. McQuary and Mrs. Mun sell s reading, Mrs. Howard ; duet. Miss Compton and Dr. McQuary ; reading, Miss Rowena Thomas. , x Bad Check Given To Pay for Auto Marshfield, April 30.-r- Awarrant has been sworn out against Archie V. Ar nold, a discharged soldier, who is al leged to have "given Miles Richardson or North Bend a check for $650 for an au tomobile. The check "proved to be worthless, Arnold not having an ac count at the bank tin which it was djrawn. in company with several other young men. Arnold is said to have left Coos Bay in the automobile.- : Messages have been sent to places on all roads to have Arnold stopped If he passes with the machine. Will Present Facts as To Teachers Salaries One hundred members of 'the various fraternal organizations in Portland have been asked to attend a luncheon at the Portland hotel at noon Thursday to hear .presented facts in support ' of the re quest of Portlajtd school teachers for higher , salaries. - Circuit Judsre .Kavn. naugn, will1 preside. Henry B. Reed will be one. of the speakers and a, novelty ;iH be evidiiico in support of the teach- Bids on $735,000 ; Issue Are; Opened Pendletqn, April ao. Bids were omnA 1 by the Umatilla county -court TuesdafM ior roan improvement bonds voted " in March. , Seven, hundred and thirty-five thousand dollars' worth ' of bonds are to be- Bold , and the highest bid isv for par plus a premium of 1 13,478, and was made by Detroit and St. Louis trust companies. Twenty-five bids were made for the boivts, six of them being- local bidders. The bonds draw 6 per cent Interest, and are issued' in series to be retired- In four? to ten', years, 1105,000 to be retired each 'year. Ked-ting Resigns as5 ; Eastside Recorder - ' .1 . . .. . i . - - . - - s. Marshfield, p April : SO. Resignation of C. P. Keat jig as city recorder of East side has bee accepted by the city coun cil. Mr. Keating has been recorder f Eastside for 10 years.- N. N.. Nelman, who conducts a grocery store, has been appointed to fill his office. - - ' 1 . . "'. - Marcola Besidentf Dies Marcola, 1 April 0 Charles Rlemen sohneider died at the home of his parents, near Marcola. April 2 L He is survived by his parents and one brother. Frank Riemenschneider of North Bend. GRAZING LANDS TO BE PRESERVED IN FOREST RESERVES BY ROTATION Service and Stockmen Adopt Plan to Prevent Overgrazing in National Forests. To prevent the national forests from becoming overgrazed and thus-rendered useless for several years, a plan of ro tation baa been adopted by the forest service and the 'various stock associa tions, according to J. Lk Peterson, eras ing examiner of the forest service. This plan Is carried out by dividing the grazing areas according to altitude or by streams. In the first instance the stock are grazed first on the lower altitude where the spring grasses are earlier, moving up the "slope as the season advances. The highest altitudes are reached during" the summer months and the stock work downward again with the oncoming of autumn. Move ment of the stock is directed through the distribution of the salt troughs. STREAMS FOBM BOU5BABIE8 In cases where the topography of the country is marked by streams, the stock is rotated ' along the different water sheds, the mountains between forming a natural barrier to their wandering. Special attention to grazing prob lems has -been given In the Mlnam and Wallowa forests in Eastern Oregon. Here the forest is apportioned off to the various cattle and sheep growing associations, common use areas where both cattle and sheep may graze and small allotments for individual stock raisers. To show the methods of grazing, the effects of overgrazing, salt distribution. and plants that are poisonous to cattle and sheep, the grazing" department of the forest service has prepared a set of enlarged pictures, mounted plants and graphic diagrams and maps. LABKSFUB IS DEADliT The total cattle losses due to poison larkspur- In 1918 amounted to $15,850, according to Mr. Peterson. During the year 1933 acres -were' grubbed out at a cost of about J5.19.per acre. Death camas causes the greatest sheep loss. In one locality alone, 900 sheep out'of a total flock of 2000 died from the effects of the plant. Lupine, while poisonous, is not so dangerous as the others, since it is more widely scat tered and not concentrated in small areas, as are many of the other poi sonous species. E. N. Kavanagh. who is In charge of rrazinc at the forest service, and M. Peterson took the pictures to the recent Cattle and Horse U rowers association at Bend, where they - attracted much attention among the stockmen. Smoot Is Pleased With Amendments Covenant Carries Salt Lake City, April 30. (U. P.) ivrnct nf the amendments demanded by the Republican senators has been ade quate." said Senator smoot toaay, ex pressing pleasure at the disposition of the League of Nations covenant. ."The specific recognition ' of the Mon roe doctrine should be clarified, and I think article 10 is dangerous and should be amended." Smoot will express no opinion as to whether the covenant would pass the senate until he has seen the official draft and considered it carefully. Snappy Wrestling Matches to Be Given Thursday Evening Snappy wrestling matches will feat ure the program Thursday night at Optimism Square, Sixth "and Yamhill streets. Arrangements for the bouts is in the hands of Arthur M. Grilley, acting' secretary of the T. M. C. A., and he -promises that several fast grapplers will participate. In addition to the wrestling there will be.mdtlon pictures, singin and speaking. Another attractive program will be staged at the square Saturday night, but there will probably be a program Frida- night. - . President Wilson Cables to Gompers New Tork, April 30. (U. P. Presi dent Samuel Gbjnpera of the American TTWlAmtlrm of rfabor. who in reeovnrlnff from an automobile accident, today re4fh President Wilson : "Deeply grieved to hear of your accident. Hope everything: goes well with you. Warmest sympathy and regards. : : Rrmr Wholesome, Cfeaastef I U OUIr fUlresfelif art Beallis 'it iillta Murine for Re iLyCiJ nes Sorenesa, Granul. 1 r. fJm.ItdhlnffariiiBnrnIni9 Of (he Cyetor Eyelids: "2 Drooa".After IthaMoriea, Motoring r Golf will M your bonfidenecb Ask Your Jbraggist for Murine rarateBftr r&yes neea ma. awf vxnrtsM sura cxnsur wa. wnicea rfWOID COUGHiT end COUGHERifi 34 DKOPS-STOPS OfTUGrW HAUr.TKLT.rQS CrOD!i t ' -fBa!vea Smilc. ; yV when stomachs do their 1 Trttfal. crylM babies nel. Mn5.WIMSl.OW5 toaaaze the atonurk diest foed. ' A and bowels' to am aa tlwy V f-rtnaislrohet. m - epiafa.wfcattcaTCthsr jf - aarmfBHasruliiiata.- F . , Tragedy Stalked ; The Footsteps of : - Young Hotel Clerk i' i Grants ' Pass. April SO, Considerable mystery has surrounded the antecedents ef John Lawrence Ooodell. crippled night clerk who- was shot and killed at the An gela hotel In Portland April 25 by . A. B. Foster, a - druggist. It was variously said that young Ooodell was an orphan, was born la Salem and was tne son of an Alaskan judge. According to George M. Esterly, min ing man of Waldo and who also has min ing interests in Alaska, the lad's father went to Alaska a few years ago as dep uty collector of customs, practiced law at Valdex, Alaska, and later became United States commissioner at Cooks Inlet. In 1896 he was' county clerk of Josephine county, Oregon. His health failed and five years ago he committed satctde at Sitka Hot Springs., Alaska. John Lawrence Ooodell's mother was a daughter of Frank W. Benson, once secretary of state of Oregon, who be came ex-offtcio governor in 1909 when Governor Chamberlain was elected to the United States senate. Benson was governor from March 1, 1909, to June 17, 1910. ; Daring Fireman Braves Ammonia To Close Pipes Donning a smoke helmet. Second Lieu tenant Elmer Balsiger of truck 4 of the fire department, braved the poison ous fumes escaping from a leaking am monia tank at the Tru-Blu Biscuit com pany plant Tuesday afternoon and hut off the pipes before hundreds or dollars' worth of pastry was ruined. The fumes were so penetrating that employes were forced to quit the build ing, Before Balsiger could reach the shut off . valve he had to find his way uraided .through the basement and then through the sub-basement. The captain of his company says Balsiger deserves considerable credit. Submarine Chasers Arrive at Seattle For Loan Campaign Seattle. April 30. (L N. S.) A flotilla of nine submarine chasers, uneer com mand of Lieutenant Ernest Gregory and direct from service with the American navy in the North Atlantic, arrived here at 10 o'clock Tuesday morning to take pari in the Victory loan campaign. With them came the United States coast guard- cutter Snohomish, wnich is acting as "mother Wilp." Twenty-four officers and 150 enlisted men from the flotilla took part in a pa rade in honor of men of the Ninety-first (Wild West) division, who arrived today. Benefit Association : Closes Its Sessions ' The state convention of the Women's isenefit association of the Maccabees closed Its session at noon today in the Masonic temple. Mrs. Ella. Feller of Donald. Or., was elected delegate from Oregon to th-snpreme review in Port Huron in July, and Mrs. Beatrice Little of Portland alternate. A class of 100 candidates were Initiated Tuesday night. Mrs. Minnie W. Aydelotte, deputy su preme commander, of Oakland, CaL, pre sided. Miss Bina M. West, supreme commander, of Port Huron, Mich., was a guest of the convention Monday and Tuesday. Pneumonia Claims Englewood Woman Marshfield.. April 30. Mrs, Andrew Lasslla of Englewood died Tuesday of pneumonia, following, influenza. The body will be taken to Hancock, Mich., for burial. V Although several cases of influenza have been reported In the past week., this is the first death since the disease , broke out following the putting down of the first epidemic Anti-Semitic Eiots Reported in Vienna London, April 0. (TJ. P.) Twelve persons were killed in antl-Semetlc riots in Vienna, according to an Exchange telegraph dispatch. Tuesday. , . STUFFED UP WITH "A BAD COLD? Gif busy, with a beUM of Dr. Kf tog's Hew Diacovery v at once . .they are all likely to result in dangerous aftermaths unless checked in time. And hew effectively .and quickly Dr. King's New Discovery helps to do the checking work I Inflamed, Irritated mem branes are soothed, the mucous phlegm loosened freely, and quiet, restful sleep follows. . . . - '-"; All druggists nave it. Sold slaoe 18C9. 0o and $1.20. Constipation itmancipation No mora lazy bowels, yellow complex Ion, sick headache, indigestion, embar rassing breath, when you use as a cor rective Dr. King's New Life Pills. They systematize the system and keep : the world looking cheerful. 26c Adv. Roaring- into Portland at 112 Miles an Hour. : PROPOSES THAT RANGE WEST OF MOUNTAINS BE OFFERED TO SHEEP Jamas S. Stewart Pofnts Out That : the " Animals Would Be . .. ..... . . ,', - Nearer Market in Fall. Sheepmen of '. Eastern ' Oregon and owners, of , logged-off ' and timber lands in the western part of .the state are being urged to get together' on , a sum mer grazing proposal which prominent men of both sections believe would be decidedly beneficial to the industry, and to all parts of the state. This matter was recently brought to the attention . of Secretary George Quayle- of, the State Chamber of Com merce by, James S. , Stewart, recent member of the bouse of representatives. "Twice as many sheep would be raised in Eastern Oregon if enough summer range were available." says . H. IL. Hendricks, an attorney of Foasjl, Or., in a letter to the State Chamber of Com merce, urging the organization to adopt a campaign to bring the eastern and western sections into closer harmony. Timber and logged-off land skirting the Willamette valley would be readily adaptable as summer , grazing ground for sheep.' according to both Mr. Hend ricks and Mr. Stewart, who say . that only aiittie Is In use now and prac tically none but a few pastures are fenced. , Mr. Hendricks says that sheep raised in the' valley are not usually the kind that' can be herded in the timber, but says that experienced sheep' herders of certain breeds of Merinos would not hesitate to lead their flocks over this land, as they are used to this type of territory in Eastern Oregon. - The advantage of this class of graz ing, according to letters from promi nent Oregon men Interested in the proposition, lies in the fact that when the sheep, which would be brought to the western section tn the spring, were ready for mutton in the fall a market would be nearby. 'A great number of sheep are being shipped to the mountains of Idaho to be fattened for the eastern "market, accord ing, to the communication from Mr. Hendricks. These sheep are sallowed a stay in the mountain district by the railroad company and are carried On a through consignment to the eastern market after they are ready for mutton. Mr. Hendricks believes that it would be more profitable for the ' Eastern : and Western Oregon . men to cooperate in keeping this industry at home. . ... . ! . . ' . ' i TO Jiri ITTTH III III III ifHlHIl III IJLiMM WiGSk. 1 sw ar-- r sn . .a- . m mv waw .s iinrtT . z ; Eastern Oregon sheep" would have to be shipped la : the spring' to the Wil lamette, river by rail or water, as the snow on the Cascades would not permit the . safe conduct of . the herds. The sheep are usually moved from - eastern to-western sections about May 0. . , When educated up to it. Mr. Hend ricks says, the Willamette valley man , who has a summer range would be In the : market for Eastern Oregon sheep himself and ' summer them : under his own Supervision. ' ' ! -i Price of Coal Reduced Salt Lake, April 0. W. P.) The cost of coal to consumers was reduced . 50 ceLts a ton today by the Utah CoalPro ducera . '. -r, ia?Ti7r?7?7rrrM'i nmn iTflTrrrrMTittrrMrrrr"7MTrrriT says People dorrt change from' But those who have eaten other corn flakes change to loasues wnen they discover how -different they are; Post Ibasties are Americans Most Popular . Corn Flakes MiittttiittitM7Ti7M7777TrrT7TM77MMTi7iT Brother Murdered, ! Marshfield Message : , ; K j .Marshfield.-April 80. rNewman Moon, a T prominent local contractor, received a message Tuesday saying his oldest brother, Charles Moon, - residing ;a Yreka. Cal., had" been found 'dead and presumably was murdered. No partic ulars were given, ' Mr. Moon has left for Treka. " - ' A patent has een Issued for I garter for men with a snap button pocket to hold valuables. : - lmW c n?t Irr. - rl n J 1iriM I I II t m rimw Cmrvt 1 1 i aj 3 J