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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 13, 1919)
3 THE - C:ZZDti DAILY JOURNAL, ; P ORTLAND. v TUESDAY, I.IAY 13, 1210. ,1 s i SPEEDERS TO GET ; 10 RESPITE WHILE LAWS ARE ARGUED i t i During Clash of, City Ordinance and State Statute Municipal ! ' Judge Can Continue Penafties, ! s . PROTECTION 'IS AFFORDED Violators Will Have No; Appeal f ' , D ............ CSn&A AaiA ImnMtA When Flaw Was Not Known, 4 -Portland is not without protection asait speed maniacs, pending: un J tangling: of the legal muddle f lUti i and municipal traffic laws, according J to statement from .the city attorney's efflce. Portland police and Judge Koss I man -can enforce the stats laws, It is declared, which assert that drivers must J operate their machines "in a careful and prudent manner and at a speed not to I exceed 30 miles an hour." ' The municipal Judge is to be the i judge of whether or not automobiles I are operated carefully and prudently. It Is pointed out, and the speed does not necessarily have to exceed 30 miles an i hour, or 20 miles an hour, or 10. Ade 1 nuate protection is therefore insured Portlanders by the elasticity of, the stats law, attorneys' state. . .The same la can be applied to those V now awaiting Tflal' for violation of the - speed ordmaneeSifcH--ts claimed. Al ii though it is suggested that theyfmay be dismissed by Judge Rossman because- of J failure of the city ordinances to apply, - the elastic state law can be invoked, according to city attorneys. Speeders t can not be prosecuted under any city ' ordinance enacted after their arrest be- cause such a law would be ex post facto, f. lawyers state, and unconstitutional. Therefore. ; those now under arrest must be either dismissed or prosecuted under i laws of the state. I AUTHORITIES HATE TWO COUESE8 . There are two courses open by which the present legal debacle can be escaped, it Is explained. Either the city can test the legality of the present ordinance by an appeal to the supreme court, or it ; must enact a new ordinance with minor t changes to coincide with the state statute .The latter is an old law, it is declared, i and was made a part of the bill passed , by the recent legislature of Oregon, al- though It had been on the books for .. eight years. It applies largely to the 3 question of municipal home rule. law- yers argue, which has been decided by the supreme court on several occasions. . In the cases of Kallch versus Knapp and Branch versus Albee municipal bom' rule was upheld, and in the cases of ,, nose versus Port of Portland and Colby s versus Medford. It was handed down as ':. an opinion of tne court that a general, j law of the state would supercede . city 'ordinances. city attorneys .explain. . Changes in the personnel of the court -account for the varied opinions, they' . -say.' ' The hy attorney's office would- not tail this -morning whether -the supreme court would f be appealed, to. or a new ordinance enacted to make the city ordi nances applicable to Portland speeders. A sufficient study has wot been made of the case, it was asserted The opinion was advanced, however, that a" new law would likely be drafted because of. the saving in expense. If an ordinance could cover the case. .1 According to District Attorney Walter Evans If the , city would,' stand pat on Its present ordinance it would be fully justified, unlees the : supreme . court should reverse Itself. f . The supreme - court 1 In the case of Kallch vs. Knapp has already held that a municipality can make lawe regulating speed even in contravention of a. state statute declaring against such action. -This case came up before Judge .Henry McGinn and his. decision was that the state law prevailed.; The supreme court, however, held otherwise.'.' - - JTOT ITBW. piSCOTCKY The provision in the 1919 state auto mobile law which prohibits municipalities from enforcing speed laws which con travene the state law, Mr: Evans points out. is not a new discovery. The same provision, word for word, has existed in the state traffic laws since 1911. . It Is because, of the decision of the supreme court on that very point that no action has been taken, before in. num erous cases which have come up. The state law, section 33, provides that the maximum penalty hall be $400 fine and on year iri jail. The city law reads $500 and six months. The city will have to cut down $100. . ' ' - Section 20 provides that 1 no person under 1$, unless accompanied by some other person competent tor operate a motor vehicle and who is over 'the age of IS, shall be permitted to operate a motor vehicle on the public highways. The city law reads IT years as the mini mum age for auto- drivers and specifies no age limit for. motorcycles. "Kids" under accordingly can't drive motor cycles in the city now. - The city can have semaphore officers under section 25, provided they at all times display their star. r.-. SPEEDERS PAT HEAVILY Section 27 reads that all accidents must be reported within 12 hours. All motor vehicles must be under con trol at , cross roads," which Judge Ross man says includes street crossings. Judge Rossman said this morning that In . his opinion persons fined under the city traffic law could not collect the amount of their fine, as all had neglected to see the flaw In the law and failed to appeal the case to the circuit court wit hi" five days after being sentenced. Judge Rossman believes that since he foend the flaw, and-since the law was not chal lenged in open court, that those fined, possibly illegally, .have no further re course. - "It is merely a point of law and does not involve aoy.-polnts of fact," he said. '. All traffic cases brought $2243 In fines during March and $2387 during April, k. large number of these fines were im posed upon persons driving their ma chines over 30 miles per hour, so they have no complaint to make. I. W. W. Convention Opposd By Legidn ' Milwaukee, Wis.. May 13.-rU. ?.y A written protest i against permitting members of. the I. W. W. to meet here May 17. .- addressed to Mayor Dan W. Hoan. was delivered at his office by a committee of eight members of the American Legion of Wisconsin." . Mayor Hoan previously bad announced the "constitutional rights of .freedom of speech and . assemblage" would not be Interfered -"with In Milwaukee. Can You Reed Fremclhi? it . Ml; mm Here are two things, written in plain Eng lish in the language of the good old U. S A., that we want you to know: . FIRST We have just received a ship- ment of brand-new, beautiful Columbia Grafonolas, and we want you to have one of these in your home. Here's how I easy it will be for you: Co- -'lumbia 90 model, with twelve double disc records, three hun- -dred needles and record brush, all' for $100.20, You pay for the records only when the machine is delivered and start paying ori ' the ma chine later on. , SECOND' A few dollars down and a little each month, will place one of our beautiful pianos in your home. Prentice (used), dark case, $147.50. Pay $15 down and $7 -per month.; . ; . . , , . Willard (used), mahogany case, $229.00. Pay $20 down and ' $9 per month. : ' Starr Piano (used) , walnut tase, $279. Pay $25 down and . $10. per month. ISN'T THAT EASY? , . These are only afew of the many bargains in new and used pianos to be found on' our floor. .Give. us, a call arid let us show you. You will re-i ; ceive courteous personal attention, whether you ' buy or not. ' ; -I Out-of -townf customers,, write us for caialog and further-particulars:about these bargains. Lib erty Bonds accepted at full value:. , ; ;.;v:vi; . Vtrhitiston at 12th Sti BTOdway.7Sb CHILD STRAYS FROM a J HOME; FALLS ASLEEP; POLICE SEARCH LONG , . ' r - - - i Efma . Stilwelli 9, Found Far From Home on Front Porch ' Of Stranger's Home. SUty bis" policemen worked four boars over time. -the- rest of-the department was kept' on the jump for a number of hours, posses of citizens and neighbors searched several square miles , of the city's territory, and 9-year-old SUma Stilwell, anconscious cause of all tne ac tlvlty on the part of the gruardians of the law, wandered about at will in Up per Alb in., and when tired and hunTy. found a convenient front porch, and made herself at home. - Elma, very small for her age, started out on her venture about noon.. Her mother, who lives at 1517 Eat Nine teenth street north, telephoned to the police, and requested their assistance In firkin her. At 4 o'clock, when the day relief was ready to go, off duty,? no trace of the tiny wanderer had ? been found, and the policemen volunteered to keep -up the search, and let their sup pers g-row cold at home. Until 8 o'clock, the day relief scoured Albina. Led. by a report that the child was seen walking' in the direction of the Columbia slough, a number of policemen began searching that locality. A number of neighbors. led by H. Kubik. took up the search. At S o'clock, 'a- family living at 1571 Albina avenue telephoned to the station that a strange little girl was asleep on their door step. Policemen hurried to the house, and there, tiny little Elma, dressed in her pink dress and , grax coat, was fast asleep. She was carried to her home in an automobile, too fa tigued by her journey, to tell of Iter adventures. - Sixty big policemen re turned to their homes, and picked ' the remnants' of their supper from whatever cold dishes remained in the kitchens. School Clerk Will - Attend Educational J Convention in East School Clerk R- H. Thomas will leave Wednesday for Cleveland, Ohio, to at tend the national convention f the asso ciation of accounting and bwinessxjf fl eers -of public schools, to be held May 20, 21 and 22. Mr. Thomas has been asked to give an address on "Evaluation of School Prop erties," a subject on which he has writ ten an extensive article for the American Public School Journal, which will ap pear in the June number, and has agreed to give the talk-If a gap should appear. in the program., Mr. Thomas was previ ously asked to speak on "School Bonds," when the man scheduled for this subject, went, back en the association, . but Mr. Thomas declined to attempt to handle such a vast subject in the short time at his disposal. Director George M. Orton, who was to have accompanied Mr. Thomas, has found it impossible to leave his business. Mr. Thomas expects to return May 29. Wasco's Convention Attendance Largest The record of - largest attendance at the opening session of the county Sun day school conventions held throughout Oregon during the past few months goes to Wasco county, according to the an nouncement of the state secretary, Har old F. Humbert. Wasco county even exceeded Multnomah oounty. Two nun dred and twenty were present at the opening meeting, which was Held at Mosier. Almost every Sunday school In the county was represented, says Mr. Humbert. The state convention opens Thursday at Corvallis and lasts over Sunday. ;. - t ""i' - - Alleged Auto Tire Thieves Are Held Comolalnta - Aiirrlnr hrunT war slsrned this - morn in ar in tha munfoinal court against Earl J. Dower and Chester . wneeier ny r. ireiana or Tlgard. Both, men were arrested . Monday night at the Columbia River ShlDbuildinr cor. i poratlon's plant by Inspector B. P. Smith. ' According to Smith. Dower and Wheeler entered the shipyards as if to work and after the other men had im to work .they slipped; out and robbed automopues or weir extra tires. A, guard witnessed the theft but was un able to catch the men, so he notified the Klamath Indian Is Held! for; Shooting Willartf- Latches, , an Indian of the Klamath reservation, charged- with shooting and seriously wounding Delford Lang, another Indian, on- the reservation a few days ago, was brought, to Port land today to await trial in. the county Jail, In custody of Deputy United States Marshal S. F. Pace. , t Hun YputhKUled - ; Six "Arrested in Movie Show House - Amsterdam, May 15. KL N. & After murdering six persons! at' Dortlund, a l-yar-cld German, youth named FriU Bitter, went to a-rooving picture theatre and was enjoying a show called Tender Mercy" when the police arrested him. ..The first victim was Herr &enkmann. bread card controller, who was slain with an ex. After steeilnr -eH the bread cards and 17.60 in money the youth at tacked Frau Lenkraann. killing her. Then the murderer dispatched a "servant and choked two children to; death. He wound up by. shooting the eldest sou of the Lenkmenns. "I was out of work and hungry," was Bitter's defense when; arrested.. ; ( Au thori t rest S ee k Man 'Who Shot Down Big: Racipg Balloon Pittsburg. Pa.. May 13-rO. N. S.) Government agents and -troopers jof the state' constabulary j today were scouring Beaver county In an effort to apprehend the persons who fired upon the S-1S. one of the balloons in the race from Akron. Ohio," to the Atlantic coast, and7 forced U to eonte down just east of this city. - -According to. Pilot Richard Hewarth, the S-lt was flying at a height of about 00 feet, .when a . fusillade of . bullets whissed - by the basket, one of them passing through, the cap worn, by En sign White, who was accompanying Ho wsrth. - The ' gas : bag was . penetrated, but the aviators covered several miles before tfeey were, forced to Und. Tie Purchaser Opens Office in Portland R. I t-"rance.: tie and lumber, purchas ing agent of the Southern Pacific com pany in Oregon, has opened offices In the Fenton building and will spend much time in Portland to keep In closer touch with the tie situation. The federal rail road administration is attempting to purchase 450.000 ties from Willamette valley mills, through the Southern Pa cific purchasing agent, but owing to dif ficulties in adapting specifications to lo cal producing conditions Mr France has succeeded in placing orders for only ap proximately 110.000 pieces so far. " End of Textile Strike Seen Z Iawrence.'THass"May 13- tl. N. S-) Textile strikers, - through their general L committee this afternoon made concee- sions which are expected to bring about arbitration and end of the three months Industrial struggle. ! - Falsification in vV Auto Accident -Is ' i:-Being Looked Into - j ii - ....- .",'. Oakland, Cal, May llI. N. a) Po lice are today attempting to ferret out the reason' for falsification of names -In the AlUmount canyon automobile acci dent that resulted in the death of two people and injury of several others. The young woman who died Monday la Miss Minnie Oulknecht of Pasadena, -and net Miss Millie Bayne of Detroit,' the name she gave .when taken partially conscious to the Alameda sanitarium. Mr. and Mrs. W. R Smith, with whom Miss Gulk pecht wasi visiting in Alameda, Monday night attempted "to get In touch with the young woman's brother, Otfo Gulknecht. In Pasadena. Miss Gulknecht was 2S years old. t H. N. Click, also one of the injured, gave his name as Glick at the sanitar ium. Clicit says he is a representative ef the General Motors company! of De troit.' ' . .which was seised by the alien property custodian,' was dismissed r by Supreme Court Justice Seeger In Brooklyn today. The complainant was Peter D. Milloy, who sued the company for $60,000 for services alleged to have, been given In connection; with the proposed organiza tion of the Oriental alliance,' a Pacific coast steamship- line. - I aria Does Not ect Red Uprising Salonika, May XX. CI. N. &) Reports that Bolshevism has broken out in Bul garia -are premature, but if the peace terms are harsh an outbreak: might Be expected in the -raining regions. The peasants, however, are expected to op pose a wave of communism in favor of an orderly republic .The Bulgarian min ing district la around Permok. - ; Steamship Company Suit Is Dismissed New York, May 1J. (U. P.V-A eult Involving i $1,000,000 against the - Ameri can Trans-Atlantic Steamship company. Treaty Rights Wity Holland Discussed Paris. May 1J.I. N. S.)(By French Government Wireless) .Negotiations with Holland with reference to the re vival of the treaties of 1 $39 will soon be commenced by the allies it was stated today. vTbe treaties relate to territorial matters mainly. French, British, Dutch and Japanese delegates will take part.: Portuguese Says His Country Should G e t Indemnity; Debt Big - " H . , " . Paris, May IS. (U. P.)-."The peace treaty, aa It now etands. wH leave f. Portugal ; ruined,' Juan Cages, former premier' and member of the Portuguese peace-delegation, said in an interview today, " ""' -.. ; -, ' "The war , cot Portugal $400,000,000. Economic losses attributable to the war were over $1,600,000,000, or more than 50 per cent of the total public fortune, estimated at $2,750,000,000. As the treaty does not recognise that Germany owes us anything whatever, and war debts will remain saddled on Portugal, how can the-country recover?" Belgium to Cut Her Army to 100,000 Men K.c:"';-- . . . f : Paris. May 13. By French Govern ment Wireless.) (I. N. S.) Belgium has' demobilised 156,000 soldiers but re tains 210.000 under arms, said a dis patch from Brussels today. The Bel-' glan war minister has promised to do his utmost to reduce the army to 100,000 men without any further delay. . " , SAVE MONEY ON -SHOES FOR THE WHOLE FAMILY Fran Foochow, China, comes this letter from R. E. Gardner, Foochow College: "Neelin Soles have solved the ahoe problem forme. Other sotet wore out quickly on- the rocky roads here, and I had no end ot trouble with them, he writes. 1 Where other soles fail. Neolin Soles always stand the test of hard wear and rough usage. This fact points the way to economy. Buy Neelin-soled shoes : for the whole family, and So save shoe money. And have Neolin Soles put on your old shoes, too. - v -. ? :- v t. U : i These durable, flexible, and water. ..proof soles are scientifically made by ine Goodyear Tire -Kubber Co., ( Akron. Ohio, who also make wlcgfoot ; Heels, guaranteed to outwear all other heels. - - ; : y- , . - Two . More . i - - : - - i - , : - iNew Hotels Adopt S iinmoiis Beds 1 1 ZJTERE it fmir tf tit ekarmimg Simmtm Twn Bti' , X7 nrw fstttrn niu btinf thtubn by the Sitnmint dttltrt twrywktre. ' Tudtr dtiif. Mad if Simmtm Seamiest Squirt mnd Rectangular Tubing thnughtut. Artittie etnter tfttti dectratitnt in relief. Eaif running tmtttrs. ' Ytur ihtict tf Dtuble width and Twin Pain and tpecially pleating in Twin Pairs. . - , Hat the Simmtnt patented nenu fretted tteel VOUI'-SSS COKNEK-LOCKI, - Enameled i the accepted Decerative Ctltri, Ask for No. 1963 f . m n rSisJ 1 . tit A f Hi '. j -XI THE the new Hotel Pennsylvania W (New York) and the Hotel Washin6tpn ' JFaihinston, D. C.) opened their doors to the traveling public- they offered as one of their primary attractions, bedrooms fitted with Sim mons Metal Beds beds built for sleep. In face, of the keenest competition, these two contracts were awarded to the Simmons Company because of the well-known character of Simmons Beds and Springs and the fine good-will they have made for themselves with the patrons and management of prominent hotels all over America, EVEN more than an item of news there is a hint here for the housewife whb is thinking of buying. beds. ;V It, may never have occurred to you that you can Jiave for your home the same luxurio'us sleeping equipment as 'you find in the famous hotels. You have xmly to. go to your leading furniture" dealer orxlepartment store ask for Simmons Beds and Simmons Springs and make sure that each piece shown you bears the name "Simmons." There is a good bit more in this name"Simmons" than merely" a trademark. '. ; - It signifies metal beds not wooden beds. It signifies the highest-grade metal beds ever pro duced. Beds that stand four-square, firm and strong. Quiet bedsnot a rattle of squeak. Beds that invite complete relaxation and deep, calm sleep. It signifies Springs that yicldto every contour of j the body yet never lose their elasticity. Your dealer has these beds or should have .them the new designs now. If not, he can get them in a few hours from the Simmons Ware house or wholesale distributor, Cost is little if any more.than for ordinary beds; Simmons Beds and Springs - built for sleep San Francisco, Cal. Newark, N. J, i Montreal, Canada SIMMONS COMPANY Kenosha, Wisconsin Portland Ore. . JJ