CITY EDITION
Ife All Her and it's All True
THE TVEATHER Tonliiht ant Tuesday
rain, mostly turnlna to now; colder.
V Minimum TVm per at urea Sunday : '
Tampa. Fla. .'.... Portland ..
New York a Havre, Mont... ,.1
St. Paul 10 Loa Angeles..... 54
rie Babies Love 'Em
Yity a pare n today't , Journal ; . It's
11 their, own and if they like It they
can have on In, tha mu place very
week. The peg features Information
of value to all mothers.
Knfertd M Seond-CU ; VOL XVIII NO 277
PORTLAND, OREGON. MONDAY EVENING, JANUARY 26, 1920. SIXTEEN PAGES,
PRICE TWO CENTS.
United States Supreme Court Re-j
fuses to Revjew Case, All Per-J
mitting Conviction to Stands
1
Seditionist Must Serve Three
V-
Years i1 Penitentiary an"- r i
Hne of $500, Asserts Court.
t
OPPOSING FLASHES Ilf EQT1
SEPITION CASE
Pr. Marl fjqul "I am as g-ulltlesa
nr. an unborn babe. Meanwhile I'd
lika to knew what't become of the
I Wlllard Jonee cm, which waa In
court the ram1) time mine was.
Barnet H. Goldstein, former V.
8. attorney, who proeecuted the
esse "She'e as gooA as In the peni
tentiary now. Only an executive
pardon can save her."
William n. Bryon. XT. S. aecret
service agent "God still reigrns."
Washington. Jan.- 26. (U. P.)
The supreme court today, by de
," rlinlng to review the caae, allowed
decisions of lower c6ufta to stand
: holding Marie Equl. I. W. W. advo
cate of Portland. Qr., guilty of vio
lating the espionage, act.
She must pay a fine of $500 and serve
three'years In the penitentiary.
MARIK KQUI STICKS BY
HER CLAIM OF INNOCENCE
; . "Just what I expected." Dr. Marie
-., Kqul today declared when she waa ad
t vised of the United Statea supreme
- court's aatlon. "I am made to suffer j
- lor aometniTis; i never bbiu. mm jiv
more guilty of the charges that take me
to prison than Is an unborn babe.
ja I aid not expect 10 rei my cane wion
tha nunreme court on a writ, and antlcl-
v .. ka Ait Inn frtl 1 vann't
"AU I can do now, I suppose. Is to
; await the arrival of the mandate and go
V to prison for the three years my sentence
calls for.
' AHD M ATM 19 WOT
'I doubt that I will be sent to McNeil's
- Inland, but wm probably . go t' some
other federal prison. Meanwhile I
i would greatly like to know what haa
- become of the Wlllard Jonea caae, which
waa fn the courts with mine. Maybe
, ' money has quaahed It."
Dr. Equl, who la , a guest at a Port
land hotel while practicing her profee
' ion of medicine, was considerably af
fected by news of the failure ot her last
appeal from the decision or reaerai
Judge Bean, which held her guilty of
violating the espionage law and exacted
a fine of $500 plus a three-year prison
entence.
"There waa not a word of truth In the
charges against me." she said, "and the!
fact that my prosecutors were forced to
' write out three statement of charges
' before they produced one that suited
ihem. Is indlcatfve.
"It appears there p nothing left but
. , prison and I shall resign myself to that
,k: fale, I suppose, guiltless as I am."
Former IT. S. District Attorney Bert E.
Haney and Barnett H. Goldstein, then
' assistant attorney, conducted the pros
ecution of Dr. Equl In the federal district
ourt.
CASE HELD IMPORTANT
"She's just as good as in the peni
tentiary now," Goldstein said today,
when informed of the eu'preme eourt'a
action.
) "Thla case was of extreme Importance,
not only because we felt Dr. Equl waa
a disturber, but because of the Import
unes of determining to what extent se
dition and seditious utterances could be
allowed to go.
"The only recourse Dr. Equl now haa
" is an executive pardon."
"God still reigns." cried William K.
rsryon, special agent for the department
" of Justice, on whose Investigations Dr.
Kqul was arrested, when he was tn
, formed of the supreme court's action.
Bryon said Dr. Equl has been re
markably docile of late and Intimated
1 that at lat she haa discovered the dan
ger of unbridled utterance.
' Dr. Equl was arrested on an Indict
ment returned in June, 1918, waa tried
. November 8 and was sentenced by Judge
Bean In December. The circuit court of
' - appeala refused relief October 27. 1319,
followtn.T arguments In May, with United
States Attorney Bert E. Haney and
Goldstein arguing for the government.
Colonel C. E. S. Wood interested himself
In Dr. EquTe behalf at that time, filing
an unique brief.
Other counsel for Dr. Equl Included
' James Fcnton of San Francisco and
George Vanderver, the I. W. W. at
torney. -S
,The case agalnat Wlllard Jonea, re
ferred to by Dr. Equl, haa been In the
hands of the circuit court of appeals
since early autumn, when the appeal
- waa argued by counsel for Jones and by
United States Attorney Bert E, Haney.
A Jury found Jonea had obtained cer
tain lands by fraud and fixed $16,000
aa the sum owed the government, figur
ing Interest at 6 per cent. The chief
point In contention en appeal apparently
'la the reduction of thla sum, aa 'the In
terest would account for about half -the
. totaL
A decision In the case Is expected at
. any time, Haney said today.
ARM
iES OFSOVET
V . ..
,t
E
i London, Jan. 26. (I. K. 8.) A
. Russian wireless dispatch from Mos
l cow, this afternoon stated that the
. soviet army In Siberia has reached
, the 'Mongolian frontier at Kobdo. .
- Kobdo' la an important town and trad-
Ing post In the western part of Mon
, goUaS, - . ' - , . , .
PAD
MONGOLIA
Lenin Abandons
Vorld Revolution
Idea,SovietAg
ent
Tells Committee
Russia Now Able to "Stand
, Alone' It Is Said; Russia
to Buy Supplies.
By Raymond Clapper
Washington, Jan. 26. (U. P.)
j Tnin has abandoned his Idea of
"tor'd revolution. Ludwi c. a k.
Martens, soviet representative In the
.i nttcd Statea. told the foreign rela-
Uons "-committee today.
"There wan a time when the Russian
Socialists believed that revolution In all
other countries waa necessary," Martens
aid. "The Idea Is disappearing now,
becaure Rula has demonstrated that it
can exist against the rest of the world.
Russia Is now strong enough to defy the
other governments. That Is the reason
t.enln wrote the Italian Socialists, ad
vising against revolution. He believes
this is a-perlod of reconstruction."
Tentative contracts for American
goods totaling $7,000,000 have been made
by the Russian soviet government and
will be executed when trade Is opened
up. Martens asserted.
Commodities purchased Include food,
largely tinned meat and milk ; medi
cines, shoes, machine tools, rubber
boots and a few automobiles, he said. .
Clerks and Proprietors Admit '
Footwear Was Bought for
$1.29 and Sold for $8.
Providence. Ft. I.. Jan. 26. (I. N.
S.) Three Boston men who operate
a chain of retail shoe stores in New
England cities, were fined S1000
each today and their local managers
$500 on the charge of profiteering.
The rhen, who pleaded they had no
defense, Jfjirji
A. W.; Coftlna and O. M. Goldsmith,
alt of Boston, and Joseph Fredberg,
the local manager.
Accdrdlng;', to the government, the
men bought some shoes as low as $1.29
a pair and sold them for more than $8.
It was said that seven salesmen were
given 20 per cent of all money received
above the regular asking price, and that
InObne month these men collected $414
In commissions. The firm was alleged
to have done business totaling $16,500 in
one month, of which $7900 was profit
America Plans !Big
Mame Statue for
Hun Defeat in 1914
Xew York. Jan. 26. A colossal utone
statue nearly as large as the statue of
Liberty and to be known as "America's
Gift to France" Is to be erected at Meaux
on the Marne. to commemorate the vic
torious stand of Joffre's armies against
the German thrust toward Paris in
1914.
A oommlttee headed by Thomas W.
Larnont of the firm of J. P. Morgan St
Co. has already completed plana for
the mcnuroent. which is to be the work
of Frederick MacMonnles and which Is
to cost abcut $250,000. A campaign for
funds Is to be started early in March.
Each state of the Union will have an
opporiunuy to conirioute tn rough a
state chairman to be named by the
committee, Myron T. Herrlck. ambas
sador to France in the early days of the
war. Is chairman of the executive com
mittee. '
The site of the memorial is to be
selected by Marshal Foch and Marshal
Joffre.
Profiteering Denied
By Grocer; Another
Groceryman Demurs
L. F. Eckert. grocer, entered a plea
of not guilty when arraigned in federal
court today. He is chaqged with vio
lating the food control act by selling
sugar for more than 13 cents a pound.
His trial was set for March 3.
A. W. Anderson, another grocer sim
ilarly charged, filed a demurrer to the
Indictment. He alleges that It Is Im
properly drawn, in that it accuses him
of selling at an unjust price without
presenting facts to show what' a Just
price should be.
Eckert. through his attorney, will
plead that the food control act was not
enacted to reach small dealers who make
only a scant profit.
Influenza Gases
Fewer in Chicago
Chicago. Jan. 26. (I. N. S.) A
marked decrease In the number of new
cases and deaths from pneumonia and
influenza for the 24 houra ending at
noon today was announced here by the
Chicago health department.
Kenyon's Bill Is
Passed by Senate
V ' . ' ' A
? Washington, Jan. 26. (tVP.) The
Kenyon Americanization bill passed the
senate today by a vote of 36 to T14. It
carries an appropriation - of V $6,500,000
to be distributed among states on a 60-60-
basis. - s - -.t
SHOE MEN FINED
FOR PROFITEERING
FLOOD TEARS
WIDE GAP IN
SANDY ROAD
Torrential Rain Has Sent Creeks
d -f TL D-l.-
Duunuing uui ui ineir panics
and Much Damage Is Feared.
Hole 100 Feet Wide Ripped
Through Paved Boulevard at
Cedars; Traffic Is Detoured.
Heavy downpour of rain which kept
up all Sunday and Sunday night has
overflowed the banks of numerous
country streams, and caused consid
erable damage to country roads. So
serious la the flood conditions that
traffic on some of the highways has
hpon hlnrknri and In othnr aectlona I
, , , . , . i
travel is rendered dangeroua by the j
until wsitn. inai are Plunging acroos ,
the roads. Railroads are seriously
affected in some sections and trains
are delayed.
Commissioner Mann reports that a gap
100 feet wide was torn through the
Sandy boulevard by the , water which
burst out of the culvert at a point near
the Cedars. Workmen tolled last night
and today to put up barricades. Mean
while traffic on the Columbia river high
way was forced to detour by way of
Troutdale and the Twelve-mile house.
Back water which was unable to es
cape through a blocked culvert flooded
the basement at the Cedars detention i
home for women and Drevented the oo-
rlior th heating plant, water also
tages which Is near the main building.
Koadmaster Eatchel left thla morning
to Investigate reports coming Irr about
the bad condition of roads.
Three or more washouts and land
slides are reported along the Columbia
river highway. The Sandy river Is
swollen to twice its normal else, and
travel along the road between Trout
dale and the Automobile club is re-
i ported as being extremely hazardous be
cause of falling rocks.
Hill. WUSiClOHBl?'-:' V . j
The hill road west of the Automobile
r. rato-oad
near Troutdale la said to have three
feet of water, and to be rising rapidly.
Alarming reports, are comings from
Bridal Veil and beyond. Rushmar moon- i
! tain torrents are tsarina across the hurh-
(way and doing serious damage. Many
j washouts and floods are feared.
I The Foster road, east of Lents June-
i tlon- covered In many places with
( water fur 't deep. The water flows
in vast, sireicnes across tne nignway
and into Johnson creek on the south
side of the road. Residents of. the dis
trict are fearful that the creek will over
flow and flood the vicinity.
The heavy rains have caused a big
rise In the Willamette river.
Serious dirt slides have been report
ed on both the Terwilliger boulevard
and on the Cornell road.
Railroad officials have rushed men to
the threatened areas and have them on
constant duty patrolling the lines.
RAILROADS ARE AFFECTED
Streams and creeks on both the north
and south banks of the Columbia river
are causing no end of trouble to the
O-W. and S.. P. & a railroads. Slides
and washouts have occurred and con
tinue to threaten communication from
the East today.
On the S., P. & S. a slide occurred at
Mount Pleasant, Sunday night, which
delayed trains upward to six hours. All
the small creeks between Vancouver and
Fasco are overflowing, according to re
ports received by local officials this
morning.
Another slide occurred at Crooks
e'arly this morning, but trains are be
ing detoured by side tracks and service
is uninterrupted. Patrols are on the
lookqut for other slides.
On the O-W. a number of small wash
outs and slides have occurred, put op
eration is being continued on a delayed
schedule.
Heavy rains Sunday caused a big rise
In the Willamette, river. However, Dis
trict Weather Forecaster Wells believes
cold weather will prevent high water
damage.
MORE RAIX PREDICTED
The forecast for tonight and Tuesday
predicts rain, possibly turning to snow.
It will be colder, with northerly winds.
The Willamette river at Portland at
10 o'clock this morning was 8 feet above
xero. a rise of 4.4 feet from Sunday
morning. Rainfall here during the 24
hours preceding 7 a. m. was 1.0 Inches.
A big drop in temperature was noted
this morning. The reading at 5 a. m.
was 39. compared to 63 degrees Sunday
mornini. It got colder later this morn
ing, tOOi
River readings this morning were:
Eugene 8.6 feet above sero. rise of
6 feet in $4 hours. Rainfall, 1.0$ Inches.
Albany 7.1 feet above sero, rise in 24
hours of 4.2 feet. Rainfall. 2.08 inches.
Salem 10 feet above sero, rise of 8.S
feet. Rainfall. 1.87 inches.
Oregon City 6.6 feet, rise of 3.6 feet.
Rainfall, 3.67 inches.
It was warmer In Central Oregon than
In Portland. Roseburg reported a tem
perature today of 62 ; Marshfieid, 60 ;
Baker. 44, and North Head. 26.
If You're Not In,
Why Not Get In?'
Census Needs You
Census -Inspectors are Checking up
residence districts today to find out
whether enumerators thoroughly can
vassed Portland.
If you have not been counted in the
census, you must hurry, warns William
D. Bennett, supervisor in Multnomah
county. ,.
Telephone the census bureau (: Broad
way 3940, or, better yet, call personally.
Its Office 1s on the fourth floor of the
Fenton building. Sixth and Oak streets,
Shipmgnts of enumerators reports are
now being sent daily to Washington
Pershing Thanks
Oregon for Fine
Reception Given
Him on Late Trip
General' Writes Governor State
Should Feel Proud of Record
of Soldier Boys.
Salem. Or., Jan. 26. In a letter
received by Governor Olcott this
morning General John J. Pershing
thanks the people of Oregon for the
warm welcome extended to the com
mander In chief of the American
expeditionary forces on the occasion
of his recent visit to this state.
General Pershing's letter follows :
-'"The warm welcome to tha state of
Oregon which you extended on th oc
casion of my visit to Portland is deeply
appreciated. It was an honor and a
pleasure to have had this opportunity of
thanking the people of your state for
their loyal and wholehearted support
of the army during the war. Tou
should indeed be proud of your young
men who rendered such splendid service,
both In the camps of America and on
t6 battlefields of Europe
..j wa very ju, t0 have had the prlv.
ilege of meeting you and desire to thank
you again for the many personal eour-
te fries which you accorded me and the
officers of my staff.
10 DEATHS FROM
FLU ARE REPORTED
Conditions in State Show 450
II I jLocal Legislation Is
Planned.
The first two deaths from influ
enza, one in Portland and the other
In Yankton, outside of St. Helens,
were reported this morning by City
Health Officer George Parr ish and
State Health fflcer David N. Ro
fcergvj; - ' '!v' :' .' 5 -r-
Mrs. Ueasenger, 895!) Rodnajr vnuV
died -Sunday night at 6 o'clock,- -Uter a
day's Illness, which Dr. Charlea B. Fria
ble diagnosed as Influenza. Dr. Parrlah
will ask that post-mortem examination
be held, as Mrs. Messenger was 111 but
one day and the fact that she was about
to become a mother. Her body is at the
F. S. Dunning undertaking parlors.
Martin Breggs. a student at the high
school at Yankton, died Sunday from
hejnorrhagic pulmonary Influenaa, ac
cording to word received from County
Health Officer Dr. L. G. Rosa, by Dr.
Roberg.
Dr. Ross reports that Breggs showed
all the symptoms that characterised the
influenxa wave of 1918-19.
Influenza over the state showed a big
advance over Saturday and Sunday,
with an outbreak of 160 cases reported
from Harney county. 19 additional cases
from St. Helens and nine cases In Hood
River. Close to 450 cases are prevalent
Over the state.
Fourteen positive cases of Influenza
are now quarantined over the city-, ac
cording to Dr. Parr ish. The majority
show intestinal dlsturbancee, while four
have been diagnosed as pulmonary in
fluenza. A call for nurses at Burns was an
swered Sunday night by Portland chap-
ter, American Red Cross, who dispatched i
four nurses to care for Harney county
cases, which are showing an unusual
virulence. Blankets and linen, suffi
cient to equip SO beds, were likewise
forwarded. Dr. B. F. Smith, county
heatth officer, is the only physician
available to combat the disease, accord-
(Concluded oa Psc Two. Column Six)
Government Would
Dismiss State's
Attack on Dry Law
Washington, Jan. 26. (U. P.) The
government In the supreme court today
moved to dismiss Rhode Island's bill at
tacking the validity of constitutional
prohibition.
Argument of this motion is expected
to determine whether constitutional pro
hibition will stand.
The solicitor general said the motion
could not be argued until March, be
cause Rhode Island attorneys are not
yet ready. A recess of the court durmg
February 'rill delay It until that time,
so that a decision cannot be expected
before April.
The court agreed to advance the ap
peals from Ohio courts which will deter
mine whether states, by referendum can
override the action of state legislatures
In ratifying the constitutional prohibi
tion amendment-
School Enrollment
Larger at Beginning
Of Mid-Winter Term
Early reports from Portland school
principals indicated a general Increased
enrollment for the second term of the
year which opened thla morning. While
the figures showed no startling changes,
with few exceptions the Increases ranged
from three or four to 25 or more pupils.
Eastmoreland school haa more than
doubled in Its enrollment over a year
ago. Fern wood has 60 more, Kennedy
shows an increase of 66, Lenta shows 47
Increase and Thompson has 78 pupils
over a year ago, Albina Homestead,
Buckner, Central. Holladay, . Hosford.
Ladd, Hudson, James John shew .slight
alence of smallpox. -?: .'. ',',.;-.-.. , . ., .j
5 None of the high schools had report-'
ed. their enrollments tip to noon today.
COURT ROOM AND CENTRAL FIGURES IN L W. W. TRIALS
AT THE top, from left to right, are F. P. Christerwen, assistant attorney general of Washing
ton ; C. D. Cunningham of Centralia, special prosecuting attorney, and Herman Allen of
Centralis, prosecuting attorney in the trial which opened at Montesano today. In the cen
ter is the superior court room, of Grays Harbor county courthouse at Montesano, in which the trial
is being held. Below, at the left, is Judge John Wilson of Olympia, the trial judge, and at the
right is George F. Vanderver of Seattle, attorney for the accused men.
I -- j
li
If If .l?sr' - Upf-
f -f .i-jS ' " .1 f? ' - ' ' " ''' ,' ' ' , ' ' P""t- ty a:' c. ointrd.
f SSfflD
1
LEASING PROJECT HOUSEBOAT MISHAP
MEETING DELAYS ENDANGERS COUPLE
. I .
Interior Department Not Expected
to Proceed With Doak r
Brown Application.
Washington, Jan. 26. (WASH
INGTON BUREAU OF THE JOUR
NAL.) Further discussion of the
Klamath lake land leasing project
between Secretary Lane, Represen
tatives Slnnott and Baker, reclama
tion officials, W. K. Brown of Doak
& Brown, and Alexander Rosborough
of the California-Oregon Power
company, practically reached a de
cision today that the department
will not proceed with the Doak &
Brown leasing plan, over which so
much protest has arisen. This will
result In continued Inaction so far
as public lands are concerned, there
being no prospect that congress will
take up additional reclamation pro
jects at this time. Secretary. Lane
will forthwith prepare a statement
of his) views.
Art Treasures of
Great Value Are
Stolen in Vienna
London, Jan. 26. (I, N. &) A bold
theft of $4,000,000 worth of art objects
from the government museum In Vlenpa
was reported in an Exchange Telegraph
dispatch rotn JVlenna today. - ' - -'i
(A recent movement waa initiated in
Austria to pledge east lea and art works
for money and foodVeupplJeg.)
Man and Wife Forced to Flee
When Structure Loses Pon
toon at Night.
When the government houseboat
in which the U. S. customs Jaunch
H. W. Scott is tied, dropped a: pon
toon shortly after 'midnight Sunday.
Mr. and Mrs. Clifford Glover, oc
cupants of the upper section of the
housebor.t, found themselves forced
to flee for their lives.
The pontoon dropped from the struc
ture, which is tied to a west side wharf
at the foot of Salmon street, and the
houseboat promptly listed, with the gov
ernment launch Inside. Early this morn
ing efforts to keep the structure from
complete submersion were attempted.
with partial success. The launch Scott
w fnrcf nrnrtimilv uruW w.t k.
fore noon today. -
. Personal effects of the Glovers" were
saved, bnt tha interior nt th rnnma In
the houseboat, including the furniture.
is being badly damaged by water, it is
said.
Contracts to Pay
Railroads Signed
By Director Hines
Washington, Jeiw 26. ( I. N. S.) Di
rector. Hines today signed the following
contracts for compensation for rail
roads during the "period of federal con
trol : ' --
Chicago, Rock Island A Pacific rail
road. $16.60,41.- :
Northwestern Pacific 'railway. ' f Lilt,-
8an Antonio A Arkansas Pass
rail -
'road. fe,6l ,
Nothing Heard From Jefferson,
Due in Port Sunday Morn
ing From the North.
Scuttle, Jan. 26. (I. N. 8.) No
word had been received this morn
ing from the Alaska Steamship com
pany's steamer Jefferpon, which was
due to arrive here Sunday morning
from Southeastern Alaska. No wire
Jess reports had been received by
any of the Canadian shore stations
during yesterday or last night.
The last report from the Jefferson
reached the company's offices here Sat
urday. The vessel was then entering
Mlllbank sound, a short stretch of open
water off the British Columbia coast.
It Is possible that the vessel may have
been compelled to await a more favor
able tide through Seymour Narrows, but
that would not have caused a delay of
more than six-hours, steamship men de
clared. " Weather-reports do not Indicate
other than the usual winter weather In
these watera
Claims of Workers
Given Preference
Bv Supreme Court
v I Judge Wilson and Vanderver agreed
this morning that the defendants should
Washington Jan 2S. U. P.) By re- be ranfe,i n, a semicircle facing the wlt
fualng to review the case, the supreme nes-,tand and Jury. Apparently Van
court today allowed decisions of lower derver wl b alone for the defense In
covins vo utnu. upiioium w.e rnis i
laborers under the Oregon laws to prl
ority of claims against a bankrupt com
pany for which they worked.
The suit was brought by James G.
Wilson, trustee in bankruptcy, for the
the Western Condensed Milk company,
Newberg, Or., who refused to pay the
labor claims first.
"That settles our case," said James
G. Wilson, Portland attorney, when he
read of the refusal of the supreme court
! to review the case he took to Washing-
ton trustee in bankruptcy for the
i S"'" Cmamstd Milk company of
v..
"Laborers under the defunct company.
Wilson said, "sought preference in pay
ment of their claims and their demands
were sustained by the lower court and
the circuit court of appeals. We took the
matter to the supreme court on a writ
of certeriorl and the action announced
today, perforce, terminates the litiga
tion." Bridge at Cascade '
Approved by House
Washington. Jan. 26;-M WASHING
TON BUREAU: OF THE JOURNAL.)
The house has passed the bill of Sen
ator jonea of Washington, granting, per
mission for construction of a high toll
bridge over the Columbia river near
1 Cascade Locks, t The measure now goes
COURT DENIES
RED WRIT FOR
VENUECHANGE
I. W. W.'s Appeal on Ground of
Prejudice Refused by Judge
Presiding at Montesano Trial.
Chamber of Commerce Center of
Vitriolic Attack by Man Who Is
Defending I. W. W. Members.
n Fred H. McXHl '
lOtr Tho Jrmrn!' Special lMUrd Wtr
Court House, Montesano, Wash..
Jan. 26. (I. N. P.) At the ronelu
slon of the opening session today
of the trial of 1 1 defendants charged
with tho murder of Warren O.
Grimm In connection with the Ar
mistice day shootings at Centralia.
Judge John M. Wilson denied the
motion of Attorney George F. Van
derver for a change of venue from
Grays Harbor county. J
The place of trial had previously been
changed from Iewls cqC-nty. In which
Central! is located, on motion of At- -torney
Vanderveer. i "
Judge Wilson said that the shewing
made was not sufficient to Justify an-
other change and that the law would not
permit a change on the matters produced
as evidence to show prejudice. The de
fendants were protected, he said, by ap- :
peal power and his error, if made, could
be rectified by the higher court.
Vanderveer noted an exception, the
first of the case.
The ruling followed arguments that
consumed the two morning hours of the
opening session. Following and refut- '
IngVanderyeer'e contention that public. .
opinion had been set against the defend-'
anta by newspaper publicity in Gray
Harbpr county. Attorney W. II. Abel of
the prosecuting force cited 10 news- "
papers and circulars that had been cir
culated In "thousands," he asserted,
throughout the county by raldcal in-
terests.
OTHER SIDE BEST, TOO
Admitting Vanderver's contention ef
Influencing statements having been pub
lished against those on trial, Abel main
tained that the matter on the other side
had been "far more Intemperate - and .
calculated to influence workmen Against ' !
the court."
Quoting from the Industrial Worker. .
published In Seattle. January 17. Abel '
declared the matter should be. the basis
for a contempt action. In that It had ae
cused Judge Wilson nf 'somersaulting"
in at first declaring that the trial should
jnot be held in Montesano, but later plac
ing it there.
Abel, maintained that the propaganda
campaign - was originated by the friends
of the defandants, and that a campaign
of rebuttal was started by partisans on
the other side merely in the interests of
fair play,
"New Solidarity," an I. W. W. publi
cation, was extensively quoted by the
prosecutor, together with advertise-'
ments published In the Seattle Union
Record and other alleged radical print
ings. BIAS IS CITED
"One would think from perusing these .-.
articles that they (the defendants) were
Justified In killing these people." Abet
aid. "Not one thing haa been published
here to show that the men here charged .
did anything wrong."
The affidavits submitted by Vander- A
veer, Abel charged, came from a draft
dodger and a member of the I. W. W..,
and that no statements had been mads -by
anyone not employed by the defense. r
To this Vanderveer replied that while.
the prosecutor might Impeach -his affi ants
and himself, the fact of vicious
propaganda of p rejudlce against his cli
ents had not been refuted.
Another plea to transfer to Tacoma
was made In concluding the matter.
The American legion has opened a res
taurant In the Zeebyth building, whictt
will be open to all visitors, and at th
same time steps have been taken to nee
that the food supplies for the regular
inhabitants are not curtailed by the al
most doubled population.
Almost a score of newspaper corre-
spondents are here to report the trial, '
and the telegraph facilities have becu
increased ten fold. Sheriff Jeff Bart el Is
or drays Harbor county haa installed
irnrthe60.'.
deputies to service dur-
the arTB.y of legal talent assembled. Ar-
rayed against hltn are Herman Allen,
prosecuting attorney of Lewis county
W, II. Abel of Montesano; C, P. Cun
ningham, ex-prosecutor of Iewls county ;
Frank P. Cunningham, assistant attoi
ney general of tha state; John Dunbar
assistant to the attorney general's office,
and J. H. Jahnke of Centralia, assistant
prosecutor under Allen.
CHAWGE OF TESTE ASKED
Attorney George Vanderver opened
the case this morning with a demand
for another change of venue. f
"In the editorials in these newspapers
not the slightest admission of a poestbl
defense for these men has ever been
made." declared Vanderver.
"I will prove beyond the question ef:
a doubt that an attack was made on the
L W. W. ball on the day thla affair e
curred. I will prove It by more than
75 witnesses, some of them marchers in -that
parade. I will prove it by somr
of the witnesses whom the prosecution
will splace on the stand." ,
Vanderver's statement thus 1neats
the nature of the defense to be made.
but it was evident that the extent-of
the testimony to be produced on the
(Coadodcd en P Two. Column Fwarl
Teachers' Pay Raised f
Chicaco, Jan. 26. (t X. 8.) A 66 to
76 per cent increase In salary for the
teaching force of .North western - unlver-
lty waa announced' today by William:
A Dyehe.. business manager of the uai-.
v.-