The Oregon daily journal., June 13, 1919, Page 2, Image 2

THE OREGON DAILY JOURNAL, .PORTLAND, FRIDAY, JUNE 13, 1019.
OLCOn'S STATUS '
STILL PERPLEXING
: IN STATE CIRCLES
Five Judges Out of Seven Opine
. That He Can Resign as Sec
retary and Name Successor.
DIFFERENT ' OPINIONS GIVEN
Others Declare Tfcat When Elect
ed to Former Office .He Was
Also Elected as Governor.
(Continue From Psaa 0)
i aplenty for support of their contention.
For,, they lay end Attorneys General
- Brown,' himself, has so remarked, on
several occasions sinee preparing his
opinion for the guidance of Mr. Oloott
'. until the constitution is chanced or the
supreme court reverses Itself in. the
; .IvarwKrK v ciarnart case, we anarney
. general is bound to follow the holding;
of. the court In that case.
' .Atorney General Brown's opinion.
prepared for vfrnor Okrott was based
upon the state constitution and thde-
- ci-uon or int uregon supreme court in
, "Chadwlck v. Earhart and the annota
tion " of Judge Lord to section 8,
article V of the constitution, which
annotation reads : "Under this provis
ion, when tlTe governor "resigns, the
".-- duties of the governor's office devolve
. upon th secretary of state, who con
tinues to perform them for the remaln
der of the term of the outgoing gov-.-
rnor."
PEBKORMF.D BT CWISSKKIV .
Failure of the court to "get together"
In a predominating opinion, it la con
tended, means that they have failed to
- nullify the effect of this opinion by
. which the attorney general and In turn
(tot governor munt be guided. Thus.'
they point out.: the court has performed
by its omission what it failed to per
form by commission.
Further satisfactloti is foundlby those
who support Attorney General Brown's
- view of the case .in a summary of the
i five opinions. For. they declare, stripped
J of "ifs," "ands," "buta" and evasions of
the issues raised by popular clam6r.' If
not by the case made, the court has
" said in effect:
That Ben W. Olcott is governor of
Oregon in fact to serve out the unex
pired term of the late Governor vVithy
: .comb.
That Ben W. Olcott can resign as sec
retary of state and appoint a succes.or
. without in any way impairing hts right
to th governorship.
MrBRlfrE AGItEED - WITH
Three judges McBride. Bean ,and
. - Johns it is pointed, out, have declared
unqualifiedly that Olcott is governor in
i wrT, tor ine r.mainqr or T fir
unexpired term of Governor Wlthycombe.
Justice Bennett, although refusing to
express any opinion on this phase of the
.'. . question, because he claimed it was not
' properly before the court, did say that
If he should don his official robe and at-
v f i.v- tv unci ante ly fiau
baked street , opinions" he would agree
with Mr. Chief Justice McBride as to
" th result. Thus. It is contended. In ef
' feet if not-In actuality, four members
- of the supreme court have expressed It
as their opinion that Governor Olcott
j", fcal serYo out the unexpired term of
Governor Wlthycombe.
Three judges McBride. Harris and
Bensonit is again pointed out, have
saiC, unqualifiedly. r that Olcott can
resign as secretary of state and
continue to hold the office of rover
nor. . At the same time Justice Johns,
while declaring that Olcott is governor
.In fact for the unexpired term of the
, - late Governor Wlthycombe. refuses to
express an opinion as to his right to
, resign as secretary of state and appoint
a successor on the ground that this mat
ter "is less a public and more a per
" sonal question to Mr, Olcott." thus leav
, ' Ing a very plain implication that, as
governor In fact, he can do aa he pleases
with reference to the other office with
out affecting his status as ' governor.
This -opinion of Justice Johns is con
curred, in by Justice Bean.
FIVE UNANIMOUS
. Thus, it is contended, five judges of
the seven., have in effect if net in
actuality, declared that Olcott can re
sign as secretary of state and appoint
' a successor.
All five of the opinions handed down
in this case are based upon, the law as
. construed by the supreme court in the
Chad wick vs. Earhart case in October,
; I$8. The difference of opinions arises
from a difference of interpretation of
the result of that case as applied to the
r
i
fW1
... Last Times Today i r
Monroe Salisbury in "The Blinding Trail"
W"
i jt Jf
Coming Tomorrow
FATTY ARBUCKLE IN I
"A
ELMO LINCOLN
"ELMO
Foctlaad's
present . case. 5 - In - this connection , two
widely divergent views expressed in the
opinions of Justice Harris and Justice
Johns, are highly interesting.
Although inclined to 'question the wis
dom of the construction placed upon the
constitution by the court in the Chad
wick cae. Justice Harris accepts that
construction as law and declare that
by reason of i this Interpretation Olcott
is merely filling a vacancy In the office
of governor occasioned by the death of
James Wtthycombe, being "appointed
to that office by reason of bis incum
bency in the office of secretary of state,
and for that reason can hold the office
of governor only until - the people shall
have ihad an 4 . opportunity of electing
Witirycombe'a successor at the next gen
eral election in November. 1920.
JOHfS TAKES KXCjEFTIOjr y
. Justice Johns, on th other, hand, con
tends! that no vacancy has ever existed
in the -office of governor ; that Immedi
atelyj upon the death of Wlthycombe.
"by reason of the fat that . Olcott was
then secretary of state, he automatically
became governor, andt when he took the
oath las such the office of governor and
the title to. that office were trust upon
him. and that - - - ,ne Be
came! and la now governor in fact and is
entitled to hold that office, perform an
of its? duties and .receive Its emoluments
for the full period jot the unexpired wrro
to which the late. Governor Wlthycombe
was Elected." . .. i
Justice . Harris contends that Olcott
was "appointed" to fir.; the vacancy In
the office of governor..
Justice Jones contends that a vacancy
never) existed, in the office of governor,
but tihat the i office automatically -devolved"
upon Olcotti as secretary of
state immediately upon the death of
Wlthycombe. !
"When the - people lelected Mr. Olcott
secretary of state." b declares, "by the
very i terms of the i constitution they
elected him to become governor upon the
death; of G-ernor Wlthycombe. There
was ho vacancy In that office as the
people. Bpeaking through the constitu
tion, mave made theitr own selection."
CQ5SOLATKTX WOT COMPLETE ?
An4 thus do the aerial proclivities of
the supreme court Jend themselves to
the consolation of both the "pros" and
"cons" in state house circles. However,
this consolation is by ho means com
plete.! The court, it Is, frequently pointed
out, should have gone the whole length
in the case and determined definitely
Oloott's status as governor rather than
leave it "up in the air," subject to the
none too accurate speculation of the lay
mind.! These, and they are in the over
whelming majority, are inclined to lay
considerable stress uRbn that part of
the opinion f Chief, Justice McBride,
in which he declared that:
"With - the question undecided ' and
perhaps a large majority of the voters
under the Impressio-t that Mr. Oloott's
term Will not expire jat the next general
election, the jprtmary election for that
office will be clouded with uncertain
ties not conducive Jo intelligent selec
tion. I ! '
"It Is true fhat each ef these questions
could be presented later by two or more
additional law suits ; jthat, to use a homely
slmllei we could 'cut the dog's tail off
by Inches' instead 'Cif making one slash
and finishing the business once and tot
all., I ,-..-,
TWO jGROUFS
"It ! is true the progress by Inches
would I finish business for attorneys and
capita) fro petty politicians, but it, would
not promote the interest of Ihe public
whlebj at before shown. Is to have these
questions- settled now." '
interest in statenouse circles oivioe
Itself jnowinto two general groups.
In the- one group are those who be-
Llieve that Govern Olcott win seek a
oeiini to opinion rrom tne court tnrougn
another cae. ;Two; avenue are open
to this end. It is pointed outi one by
means of another.: mandamus suit in
which i the "moot" j questions would be
'brought directly before the court ; the
other ;br means of the intervention of
some outside party who might be in
duced i to file a nominating petition for
the office of governor and thus force a
definite decision as to the length of Ol
cott's I term. ! j
In the ether group are those who
incline to the view i that no further ac
tion is necessary, ,that Governor Olcott
will be Inclined to let well enough atone
and continue In the administration of
the affairs of the i governor's office un
til the end of the trm for which Wlthy
combe was elected, unless , the court
should in the meantime, rule adversely
on that phase of the- question on the
initiative of som other party.
However, in the? absence of any state
ment i from eithetf Governor Olcott or
Attorney General- Brown, the anxious
public! fnust needs hold its curiosity In
check 'until time shall have brought out
further development. The governor baa
been too busy since the court spoke to
give time to the! digestion of the vo
luminous documents bearing on his sta
tus asi the state's): executive, and Attor
ney General "Brown, with the usual war
iness of a lawyer, refuses to express
any views until he shall have had time
to thoroughly study the five separate
Opinions and get his opinion en paper.
However, or. one point state house
..' ft.-: '
i -4
DESERT
(Tarzan) IN
THE "MIGHTY '!
I hero- : mystiwitH s7fe V( ; s. . : ' V ;
Cesy Tbdtre f
circles ' are tairly well agreed .V That
Governor Olcott, as governor in fact
so declared by five members of the su
preme court will resign aa secretary of
state, and appoint a successor in order
that ' the state board of control shall
nave three member and that highly im
portant state business now pending
shall not b endangered by reason of any
shortcomings In that direction.
Bobbers Overpower
.Storekeeper on. His
Way Home at Night
While on his way home from his store
at IS East Twenty-eighth street Thurs
day night about 10 :J0 o'clock. , W. G.
Wilson of 959 East Bumside street was
overpowered and robbed by two men at
aat Thirty-first and Burnside street.
The men walked up- behind Mr. Wil
son. One of them jumped on his neck
and held him, while the other ransacked
his pockets. As they held his head high
in the air, Wilson was unable to get a
good description of the men.' The high
waymen secured about 13.50 In cash, a
gold watch and . valuable papers.- but
overlooked a cigar box full of money
which he was carrying under his arm.
Motorcycle officers searched the sur
roundings but failed to locate any, sus
pects. -. ,
. This morning Captain Circle assigned
Inspectors Enow and Tackaberry to thje
case. Several months- ago Mr', i Wilson
was held up by two men. From the
sound of their voices he believes the
same men robbed him both times.
Destruction of Mill
By Fire Entailed a
Loss of $215,000
Ioss of approximately $315,000 re
sulted from the fire at the lumber milL
of the Standard Box & Lumber company
at Scofield. two and- a half miles from
Buxton, which was destroyed Wednes
day afternoon, according to S. B- Cobb,
secretary of the company. Insurance
amounts to $120,000. said Mr. Cobb. .
The mill employed 200 men and was
cutting 100,000 feet of lumber dally. The
fire is presumed to have started from
a hot box In the resaw department at
about noon Wednesday and gained such
rapid headway that efforts, to extin
guish it were unavailing.
Mr. Cobb stated this morning that his
company has not yet determined
whethen the mill will be rebuilt. Four
years ago the company's box factory in
Portland 'was destroyed by fire and has
not been rebuilt.
Government Fears
Bomb Outrages on
Independence Day
Washington. June 13. (I. N. S.)
Department of justice agents throughout
the country have been instructed to take
every precaution against possible bomb
outrages on July 4, it was learned today.
While officials of the . department
that plans have been made by radicals
to renew their campaign of terrorism
on that date, they admitted that there
have been 1 frequent, although vague,
rumors that Independence day might be
selected, for an attempt to carry - out
further bomb-plot, -. r ' -
MM I I I I II ,1 I l,
f$pS v iFhe Screen's Greatest Production no I I
HritV.'i : Dramaof 1 The Star of y t " '':' . 'V :
telgify S T A RTS S D A Y tt ill W L ;
? . in the triumph,. 157 ''.S. T - J - ' i!
GRAYS HARBOR TO
SEND OUT 10 SHIPS
San Francisco Firm Charters Ves
sels for Lumber Trade to
; United Kingdom.
Aberdeen. Wash.. June 13. That 10
Emergency Fleet steamers, under char
ter to Christenson. Hanify A Weather
wax, San Francisco, will com to Grays
Harbor to load lumber cargoes for the
United Kingdom was the announcement
made byr C. M. Weatherwax, of, that
firm,' who Is here for a visit. Each
vessel will carry 1,400.000 feet of lumber,
taking In all 14,000,00ft' feet from Gray
Harbor mills, most of which will go to
England, v The firm ' of Christenson.
Hanify & Weatherwax has charter for
25 ships to load lumber for England. The
cargoes will consist entirely of tie and
dimension lumber.: - ,
The outlook - in the -lumber ; market
for the next year or two is especially
promising. Mr. Weatherwax said he
believe th Pacific coast will get more
offshore and European . business than
It ha ever before enjoyed. 7 The fact
that ships will be available will make
possible the filling of many orders
which lt; was impracticable to take
heretofore, owing to the lack of means
of transportation. 'The emergency fleet
steamers, Mr. Weatherwax 'says, are
most suitable to the lumber business,
not being adapted especially for dry
cargoes. ; Besides European trad
growth, Mr. Weatherwax expects to
vfltness a revival of South American
business.' 'A.:
HELLO GIRLS OF COAST
tContinead From Pat On.!
electrical workers will be held tomorrow
night her.
Th Western Union reports but one
employe on strike.
KONENK AMP SAYS COM PLETE v
TIEUP TO BE IX EFFECT MONDAY
Chicago- June 13. (I. N, S.) Com
plete paralysis of the telephone a well
as the telegraph system of the country
will-be a reality by Monday, according
to s. statement made by S. J-Konen-kamp.
president of the Commercial Tele
graphers' union, today. Konenkamp de
clared that telephone operators through
out the United States are preparing to
join in the electrical worker' strike al
ready fixed tor Monday.
The strike of the electrical worker
and the telephone operators. Konenkamp
declared, will deal all forma of wire
service a -- staggering blow and make
victory certain in the strike of, operator
which began three days ago.
Konenkamp estimated the number of
Western Union -and Postal employe on
strike today at 22,000. -
J. G. Luhrsen, president of the Amer
ican Train Dispatchers association, said
today that 5000 members of that organ
ization will support - the telegraphers'
TO QUIT WORK MONDAY
strike In every way. Means of aiding
the strike' will be discussed at a conven
tion which meets in Chicago Tuesday,
- Canadian railway - operator. It . waa
announced today, have followed the ac
tion of th railway operator In the
United States ;tn refusing to handle
commercial message from, this country.
Konenkamp also declared - that the
broker operator In New York, Chicago,
San Francisco and other large cities un
doubtedly would be called out if it was
deemed necessary to win the strike.
Th contemplated action of the broker
men and the almost certain prospect of
a strike of the International Brother
hood of Electrieal Workers on Monday
are factor counted on strongly by the
telegraphers in their- fight against the
telegraph cmpanies. . ; -
Meanwhile reports sent out by offi
cials of the 'Western Union and Postal
companies declare that many men who
went out when the strike began ' three
days ago are returning and that few ad
ditional employes have gone out since
the beginning of the strike. . Both com
panies claim to be operating very nearly
on a normal basis. . . . -. , ,
KEYME.VS STRIKE INDORSED
BY CENTRAL LABOR COUNCIL
The Central Labor council at Its meet
ing last night gave It unanimous and
"hearty indorsement to the telegraphers.
in their trik for. better wages and
for recognition of their organisation by
th Western Union and Postal Tele
graph companies. y
With this support the trklng: keymen
enter upon the third day of their con
test with renewed hope' of success. Re
ports from outside points are extremely
ncouragtng. according to Vice Presi
dent Preston of the national union of
telegraphers. Mr. Preston stated this
morning that two mor Western Union
operators, Miss Wheeler, formerly 't
the Benson tel. and A. H. Nelson an
operator in the central office, have joined
the strikers.
'These two are in addition to th list
ef three already acknowledged by Mr.
Robb a having truck." said Mr. Pres
ton. ' "and w haveylnformation from
operators working lu the Western Union
office that the men are decidedly blue
and about ready to walk out in a body."
POSTAL SITUATION UNCHANGED
The situation at the Postal Telegraph
company is unchanged. The messenger
re still out and only' one operator, a
girl clerk in the central of fee, has been
secured to take the place of the strikers.
Manager ohn Annand and the two chief
operators are handling whatever busi
ness passe through., the Postal - office
and its branches in Portland. a
According to W. A, Robb. manager
of th Western Union, trouble is ex
pected in handling telegraph business
with small town in Oregon and other
Northwestern stales. The operator at
Pendlton, Boise and other point are
PAINT NO
WHILE THE ROOF IS OR
W offer Roofing Paint at th fol
lowing price
15 price ;
k. psr gallo., ..80e
per galioa ......f l.OO
r galioa. ..........,fl. OO
BiacK, per
Ked, pe
Brows,
Gray, per gallon .,1.25
Oreenper gallea .............. 1.25
uooa ui ynx JTlBt uiib, per
traUoa e04 &0
Roofing Paints in less than barrel'
lots, 10c extra to pay for can.
VICTORY OIL & PAINT CO,
, KKXTON, OREGON "v
raoa Woedlawa 1H '
-Drylsg Fatat on, per
W
Y .
out and' railroad telegraphers refuse to
handle commercial messages front 'the
Western Union and Postal companies.
W. TJ. OPERATORS WKAKEX
With the prospect of s strike of tele
phone operator and electrical worker
beginning Monday and the refusal of
railroad keymen to handle commercial
messages, th eoperators in th Western
Union office are beginning to weaken,
according to Mr. Preston.
"From reliable sources I am informed
that dissatisfaction Is general in the
operating room of the Western Union
offices," declare Mr. Preston, "My in
formant is an operator for the Western
Union and he state that plain clothe
detectives are stationed in th operating
rvora and at the entrance to the com
pany offices. Th men are restless jind
dissatisfied- and I have, reason to believe
that they wilf alt be out by Monday
morning," -' .1 - I
-.- - .m v;-y-:;
Indiana Willing! to .
Call Extra Session
Indianapolis, June IS. (U P.) Gov
ernor Goodrich announced today he
would call a special session of the leg
islature to vote on the proposed woman
suffrage amendment to the federal con
stitution provided enough state Indi
cate they wHl take similar action.
iimmmiinmimiiiimmitiimimiiii!
ICare of
I Eyes J
S Should tie of the utmost imp or-
S tance to . every man ' or woman, ss
You can buy glasses ! anywhere. S
Sltiis 'not ray ajm to just lU5
5 classes, but to fit you sgtenti&H
slcally so as to preserve your eyes S
n4 correct errors. I spare hb-g
s pains in giving you the very test
results. . : :
Guaranteed Satisfaction v 5
. in Every Respect H
I Dr. TiL P. Mendelsohn I
I OPTOMETR1ST-OPT1CLVN
I 41415 FaiUBc Bldx.
3. E. orvThir! and WaskiogtonE
Phone Main 3630 5
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TWO DAYS MORE
TODAY-TOMORROW
V TO SEE THE GREATEST
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