The Oregon daily journal., January 27, 1920, Page 3, Image 3

LOCAL BANK CASE
Supreme Court Holds State Bank
Superintendent Legally Given
Right to Discretionary Power.
Salem, Jan. 27. The Btate bank
ing laws, making the granting of a
charter for a new bank discretion
ary with the state banking board,
based upon the needs for the pro
posed institution, are upheld in a
supremo court opinion by Justice
Johns today in whtoh the decree of
Judge Oeorgo A. Hingham of the
Marion county circuit court, order
ing the Btate nuperlntendent of
banks to lwue a charter to S. A.
Mulkey, L. A. Bass and others in
terested in the organisation of a
,new bank at St. Johns, is reversed.
The case dates back severnl months
lo the original application by Mulkey,
Bass and associates for a charter for a
nnw hank at St. Johns, to bo known as
the Bank of ''ommcrop. The applica
tion was .refused by wni H. Bennett,
State superintendent of bank, on the
around that the needs of St. John were
already well supplied with the two
banks then In existence and that con
ditions did not JiiHtify the institution
of a third bank.
An appeal from the declHion of Ben
nett was taken to the state hanking
hoard, which upheld Bennett. Mulkey,
Bass and their .associates then filed
mandamus proceedings In the Marion
county circuit court to compel the Is
suance of the charter, alleging that the
refusal to ttrant the charter was "an
abuse of discretion, partial, arbitrary,
discriminatory and unjust."
BANKING LAW I7PHF.LD
A demurrer on the part of the bank
superintendent, on the ground that the
court had no jurisdiction over the mat
ter, was Overruled and Judge Bingham
upheld the contention of the plaintiffs
in a written mandamus, which ordered
Bennett to Issue the charter for the
new bank as asked for..
In his opinion, today, reversing the de
cree Of the" lower court, in which he Is
incurred (n by Chief Justice McBride
and Justices Bean and Bennett, Justice
Johns declares that the state banking
law, the constitutionality of which was
being aMucked in the mandamus pro
ceeding, "is not class legislation" and
that until such time as the applicants
are able to allege a strict compliance
with all the requirements of the state
hanking law. "no constitutional question
Is presented and they have no legal
right to-complain."
I'ENDI.ETON C.ASF. I'PHGLU.
' The richt of the Commercial associa
tion of Pendleton to the proceeds from
the J5000 trust fund left by the will of
the late Samuel P. Stitrgis Is upheld by
the supreme court today in an opinion
by Chief Justice McBride and concurred
in by Justices, Harris, Benson and
Johns. The right of the association to
the trust fund bad been contested by
the Pendleton public library, which al
leged a misinterpretation of the terms
of the will. In his opinion Chief Jus
tice McBride declares:
"If there is an ambiguity In the terms
of the will, it is latent and not apparent
on the faco of the Instrument. Anyone
Ignorant of local conditions and con
troversies would, upon reading the clause
in dispute, at once conclude that (1)
there was at the time an organization
known as the Commercial Association
of Pendleton. 2) that It had a library,
(3) that its habitat was the city of Pen
dleton, Or., and (4) that It was the in
tent of the testator that the trustees
named In the will should expend the. In
come of the fund so bequeathed for the
benefit of that library. If the first
iliree of these conditions actually existed,
Ihe fourth necessarily followed as a mat
ter of law."
(WOMAN WINS WIM. CASE
The opinion of Chief Justice McBrifle
affirms the decree of Judge Gustave
Anderson of the Umatilla County circuit
court, except that the opinion of the
lower court is so modified as to elimi
nate the recovery of the costs from th
defendant, and directs that the accumu
lated surplua of the trust fund be di
Reductions Reach Remarkably Low Level
For This Last Week of Our Big v
Reeoinisitruictioini Sale
t ' '
Coats selling to. $37.50. Silvertone, velour and
tweed (without fur trimmings) in styles good for
early spring.
A Real Dress. Event!
: Dresses selling from
$37.50 to $59.50
Price
Now$18.75 to $29.75
Smart dresses of silk,
wool-, and combinations.
You. always need a new
Driepiece dress. This spe-
ciai manes it easy lor
i you
rected to the puropses of the library of
the association. r.v ;.,- "--.;. . ';
In an opinion writen by Justice Ben
son, the supreme court affirms the de
cision of Judge George O. Bingham of
the Linn county circuit court in a suit
involving the will of the late Samuel O.
Collins, and Ada O. Long, the bene
ficiary by the terms of the will, is up
held in her claims upon the property in
question. Allegations to the effect that
Collins was not competent to make a
will and that undue influence was ex
erted in order to include Ada G. Long
In the terms of the will are not sup
ported by evidence offered in court, the
opinion states.
Other opinions were handed down to
day as follows:
Theodore Miller vs. William Bindshad
ler et al, appellants; appeal from Ben
ton county ; suit to foreclose on con
tract; opinion by Justice Johns; Judge
O. V. Sklpworth affirmed.
Clatsop county jvs. Marlja Gustava
Wuoplo et al, appellants ; appeal from
Clatsop county ; action to recover upon
undertaking of ball : opinion by Chief
Justice McBride; Judge J. A. Eakin af
firmed. Frank j. Martin, appellant, vs. John
Weiss Sr., et al ; appeal from Tillamook
county ; suit to recover money ; opinion
by Justice Ben non ; Judge George H.
Barley affirmed.
Mattle May Tyler, administratrix, vs.
Peter Obiatrue et a I, appellants; appeal
from Harney county ; contest over water
rights; opinion by Justice Burnett;
Judge Dalton Kigga reversed.
John 8. Beall. appellant, vs. Charles
A. Foster, appeal from Multnomah
county ; suit over terms of written
agreement; opinion by Justice Burnett;
Judge Kobert Tucker affirmed.
George A. I'almlter et al. appellants,
vs. Nelson Hackett et al ; appeal from
Hood River county ; petition for rehear
ing; rehearing denied in opinion by Jus
tice Burnett; former decree modified
by adding declaration that plaintiffs
are the owners of the personal prop
erty to which they formerly field title
and that each party shall return to the
other all pernonal property received from
the other in the exchange or account
for the value thereof In the settlement
to be made by circuit court.
Katharine M. Thimsen vs. Charles
Treigard et al, appellants ; appeal from
Coos county : suit peeking to have de
fendants declared to be trustees for
plaintiff of a portion of certain lands
and nhares of stock standing in their
name ; opinion by Justice Bean ; Judgo
John K. Coke affirmed.
William Frlberp vs. A. O. Bjelland,
appellant; appeal from Multnomah
county ; dispute over rent of a houne ;
opinion by Justice Bean ; Judge George
W. Ktapleton affirmed.
They Pressed It to
Their Lips and Then
Declared It Brandy
A virtuous grocer was A. Lavagno of
40 North Third street. So averred A.
Checclnl and Albert B.. Ferrera, leaders
in the Italian colony.
And then, according to revenue offi
cers, their idol fell.
Lavagno was arrested last week by
city police, charged with violation of the
prohibition laws. Extracts, rectifying
paraphernalia and more than 400 gal
lons of wine were alleged to have been
discovered.
"He Is innocent. He didn't have
liquor in violation of the law," Checcini
and Ferrera chimed.
They invited a revenue officer to see
for himself. The three repaired to La
vagno's store. And there, in plain sight,
the revenue man found a bottle.
"Taste it," he commanded.
"Brandy," said Ferrera.
"Brandy," said Checcini.
"You bet it's brandy, and you two
may be government witnesses against
4hls man," the officer snapped.
President Sproule
And Party Due to
Eeach City Today
William Sproule, president of the
Southern Pacific railroad, will arrive
in Portland shortly before S p. m. today.
In his party are five other Southern Pa
'cific officers, all coming on an inspec
tion tour.
In his party, which is traveling on a
special train, are W. R. Scott, federal
manager of the Southern Pacific ; J. H.
Oyer, general manager; F. L. Burck
halter. assistant general manager ;
! Charles S. Fee. passenger traffic man
! ager. aod G. W. Luce, freight traffic
i manager.
California Rank Robbed
Martinez, Cal., Jan. 27. (U. P.) The
Byron bank at Byron was robbed last
night of $3000 in silver, and bonds and
securities to an . unknown total. The
robbery was discovered today by E. C.
Abel, cashier, when he opened the bank.
Entire Stock of
In 2 Big Special Lots
Tailored, semi-tailored and novelty models, many
in the much-favored navy blue, suitable for pres
ent and early spring wear. Remarkable savings
are yours on any suit.
Astounding Coat
Group of Handsome
COATS
One Half Price
Models selling from $79.50 to
$150, now $39.75 to $75.00
Beautiful fabrics and linings,
many with rich fur collars.
C h o o s e
From Taese
Extraordinary
Specials While
Assortment
Is Goo
IS
II IS REPORTED
Captain John Alwen, of Steamer
West Munham, Accused by
Members of Vessel's Crew.
John Alwen, master of the
steamer West Munham, and charged
by members of his crew last year
with failure to provide proper food,
in violation of the federal penal
code, in consequence, it was re
ported, that several men were
stricken ill, is under arrest in Seat
tle, according to word received to
day by ' Chief Deputy United States
Marshal Mann. lie has been released
on bond, but efforts will be made to
bring him to Portland for trial.
Alwen was named in a secret indict
ment by the federal grand Jury here
last October, but before he could be ar
rested he had left Seattle for the Ori
ent on a steamer. On his return Mon
day he was arrested, it Is said here.
According to the Indictment, between
May 3 and September 8, 1919, while
master of the West Munham on a trip
to the Far East, he failed to provide
suitable and proper food for his crew.
Unwholesome and tainted meat was is
sued, it declares, as well as sour and
improperly cooked bread and filthy
water.
William Glover Jr.. son of William
Glover, secret service agent here, died
shortly after the trip, said to bo because
of the impure food.
The alleged complaints regarding the
food were made on the first voyage of
the West Munham In the Portland-Oriental
service of the Pacific Steamship
company.
INHERITANCE TAX ARGUED
Attorneys Ordered to Submit Briefs in
Mallory Case.
After hearing arguments on the Mal
lory inheritance tax case. Judge Staple
ton Monday ordered both sides to sub
mit briefs. The case is on appeal from
the .decision of Judge Tazwell. who,
when county judge, upheld the conten
tion of the heirs that an inheritance
tax should not be paid on the estate of
the late Elmer Ellsworth Mallory, as
well as on that of his father, Rufus
Mallory. ,
Elmer E. Mallory was made chief
beneficiary of the estate of the late
Rufus Mallory, but he died before the
estate had been admitted to probate.
The present heirs object to paying two
inheritance taxes on the ground that it
does not Involve two estates, and that
Elmer E. Mallory did not .derive any
appreciable benefits from his father's
estate. The estate is valued at $400,000.
1UTERT ESTATE IN PROBATE
Milan A. Rupert, a Son, Is Chief Ben
eficiary of Broker.
Paper in the estate of Arthur J. Ru
pert, valued at approximately 150,IH0,
were filed in probate court late Monday
afternoon. Most of the stock in the A.
Rupert company, merchandise brokers.
was left to Milan A. Rupert, a son, who
will come into control of the concern
when he is 25 years old.
Other bequests were made to Letha
V.. Rupert, the widow ; Josephine Rupert,
mother of the deceased, and Mrs. Emily
liupert Cranford and Alice Rupert
daughters. Edgar 11. Sensenich of the
Northwestern National bank is named
cis Milan Rupert's guardian.
Foot Valued at $10,000
An amended complaint was filed by
Elmer O. Underwood this morning
against the Grant Smith-Porter ship
yard and the National Hospital associa
tion. The man claims that while he was
employed as a laborer for the ship com
pany on October 3. 1918, he received in
juries to his foot which were worth
$10,000.
Schmidt Sues for Divorce
Suit for divorce was filed Monday by
Martin Schmidt against Adela Schmidt.
They were married in 1912. Schmidt
names Peter Loose as corespondent.
SUITS $9C
$35
Special $20
HP
MASTER
UNDER
ARREST
- J
m
Commissioners Say
Influenza May Find
City Almost Broke
Unless the heavens rain a few dollars
into the city treasury Portland will be
a financial invalid, according to Com
missioner Barbur, in charge of the bu
reau of public works.
In fact, if influenza gains a grip on
the city, it will take every available
dollar in the general fund to combat it,
city commissioners believe.
Barbur points out that construction
of the concrete smallpox hospital on the
land adjoining Kelly Butte rock quarry
may be halted entirely for a few months
by an epidemic of influenza. Although
little, if anything, has been done on the
hospital. Barbur Bays it 'will cost more
than $34,000 to erect and equip it.
Commissioner Pier is preparing a
financial statement showing the state of
the city's fiduciary affairs. It is cer
tain, state city officials, that less than
140,000 remains of the prlginal general
fund of J 100.000 that Was appropriated
in the budget. -v:
Barbur states that the city is run
more economically than other cities of
its size. If the present $ per cent tax
limitation law continues in existence,
he points out that it will be necessary
to go before the .people each year by
special election to seek funds to run the
municipality.
ACTION TAKEN TO
CURB FLU CASES
Reports Must Promptly Be Forth
coming From Every Quarter
to Combat Spread.
With 571 cases of influenza re
ported over the state up to noon
today, including 10 additional over
the city, and 116 from outlying dis
tricts, city, and state health officers
have thrown all their energies into
combating what may develop into
un epidemic. All cases so far re
ported are much less virulent than
the wave of 1918-19.
Twenty-eight cases are now reported
In Portland, although all have not been
definitely diagnosed as irifluenza. Four
deaths have been recorded since Sun
day, one in Portland, two In Pendleton
and a fourth in Yankton, outside of St.
Helens. An autopsy over the body of
Mrs. W. R. Messenger, 985 Alblna ave
nue, performed by Dr. Robert L. Ben
pon of the city health bureau, showed
pneumonia in both lungs and hemor
rhagic pulmonary Influenza symptoms.
Mrs. Mes3erger died Sunday night after
an illness of a day's duration.
LEGISLATION EXACTED
Legislation drawn up by H. K. Mcln
turff. attorney for the state board of
health, which makes it imperative for
all employers of labor to report cases
of influenza to health officers, as well
as keeping afflicted patients from work
ing, was passed this morning by the
city council to cover conditions In Port
land. Every physician, surgeon, prac
titioner and healer over the state must
likewise place Influenza placards on any
home where influenza cases are known
to exist. "Suspects" must likewise be
quarantined by physicians and reports
must be made to the state health bureau.,
Temporary influenza headquarters are
ready for occupancy in the barracks ad
joining the Multnomah county hospital
in South Portland, Dr. Parrlsh reported
this morning. Pr. Harry Cliff, county
health' of ficer. will hare complete charge
of the hospital. No patients had been
placed in the hospital up to Tuesday
noon.
First outbreak of influenza was re
ported from Heppner this morning.
Twenty-one cases have been quarantined,
according to word received by County
Health Officer C. C. Chick. Six cases
have broken out In Madras. Fifty ad
ditional cases were reported from Pen
dleton which brings the total to 100.
Roseburg showed a flare-up of Influ
enza during ihe past 24 hours with 40
new cases diagnosed as "flu." Four
teen of these are among raliroad em
ployes. RED CROSS TO HELP
The Red Cross pledges its aid with
the announcement made this morning
by Earl Kllpatrlck, divisional director
of the Northwest for the American Red
Cross, that all Red Cross nurses would
be enrolled immediately to meet any
emergency. All women of experience
who aided in the first wave of influ
enza will likewise be enrolled for duty,
according to Mrs. J. E. Callahan, presi
dent of the state organization of the
Federation of Women's clubs. Dr. Ro
befg, state health officer, reports that
these volunteer workers will be In
structed by competent physicians of the
care of influenza patients.
The record of cases over the state up
to noon today, as given out by the city
and state health bureaus, is as follows:
Portland, 28; Pendleton, 100: Burns,
150: St. Helens, 49; Roseburg, 104;
Hood River. 9 ; Baker, 25 ; Forest Grove,
6 ; Heppner, 21 ; Madras, 6 ; Klamath
Falls, no authentic reports rumors of
25 cases ; The Dalles, no authentic re
ports 25 cases rumored to exist.
Jackson Club Names
Six Committeemen; 3
Women Are Elected
Six executive committeemen for the
Jackson club were elected Monday night
when 150 members gathered in Library
hall.
The committeemen are : AHce Mac
Neught, Edward J. Wood, Seth Rlggs,
Walter B, Gleason. Mrs. L. Palmer
Weber and Mra M. L. T. Hidden.
Dr. J. W. Morrow, national commit
teeman from Oregon, described- the
scenes in Washington when San Fran
cisco was named an the next conven
tion city for the Democratic party.
It wasn't a slur on the club when
Jack Littel, chief deputy of the internal
revenue force, spoke on prohibition en
forcement. Littel substituted for Johnson S.
Smith, prohibition director for Oregon,
who is ill. Smith has outlined a speak
ing campaign to acquaint Portland-clti-sens
of their duties under the national
prohibition act.
So the Jackson club happened to be
but one port on the call list. All civic
clubs will be visited by Smith and hts
deputies.
LAST TIME, Thursday
and Friday,
$1.00 a Pair
MIGHT'S DOWN STAIRS DEPT.
SOCIALISTS TOLD
COLT IS REVOLT
T
Famous Little "Red Book," Writ
ten . in Yiddish, Is Read at
N. Y. Unseating Proceedings.
By G. Shepherd
Albany, N. T., Jan. 27. (I. N.
S.) The tapestry of socialism in the
United States is being defty un
woven today by lawyers for the New
York state assembly, which is trying
to unseat five socialist assemblymen
on the grounds that they are social
ists and believe in overthrowing the
government by revolution.
The most sensaUonal evidence intro
duced during the morning was to the
effect that there are black and red
threads in the Socialist fabric. The
famous little "red book," written in
Yiddish, having been translated in full
over the recess, was read in its entirety.
Some of the phrases were :
- "The Socialist must understand that
socialism is not a reform movement. The
Socialist movement is a revolutionary
movement He must cease to become a
preacher, but must become a fighter.
He must know that the Socialist move
ment is a Red movement, a movement
with blood in its veins, which knows
that nothing in life can be won vlthout
a struggle.
"The Socialist movement in America
must be more cautious than the move
ment In Europe."
Julius Gerber, secretary of the So
cialist party in New York, was called.
John B. Stanchfield, for the assembly,
showed that at Chicago the Socialists
declared by resolution against Socialists
who voted war credits.
A copy of the New York Call of No
vember 6. 1919, was Introduced with an
advertisement for an "all-star celebra
tion of the second anniversary of the
founding of the Russian soviet repub
lic," Parkview Palace, New York city.
Russian revolutionary songs were ad
vertised for the occasion.
The night of November 7 in New York
city must have been an exciting one for
thousands of Socialists. Stanchfield
read a speech by Alexander Trachten
berg delivered at an advertised meeting,
in which he said there were dozens of
meetings in the city celebrating the Rus
sian soviet anniversary.
Stanchfield quoted Trachtenberg as
saying that a soviet republic was a pos
sibility In the United States. The Rus
sian soviet government was highly
praised.
Hardware Dealers
In Annual Meeting
At Imperial Hotel
A general review of the. hardware and
Implement business In Oregon is the pro
gram before the annual convention of
the Oregon Hardware and Implement
Dealers' association, which opened at
the Imperial hotel this afternoon with a
general reception to members.
The big annual banquet on Thursday
night is to be the feature of the conven
tion. President H. B. Van Duzer of the Port
land Chamber of Commerce welcomed
the hardware dealers at - o'clock this
afternoon and A. S. Jamieson of Mc
Minnville, president of the association,
responded.
Delayed Steamer Arrives
Seattle, Jan. 27. (U. P.) The steam
er Jefferson docked hero today, having
arrived over 24 hours late from South
eastern Alaska.
Fined $500 for Makinfj Still
Chester B. Frazier, Salem plumber,
was fined J30Q today when he pleaded
guilty in federal court to a charge of
manufacturing a still.
A Story of
Dolores, the
Summing Girl
of the Canadian
Wilds!
AND NO
REFORM
Thrill.
Trees Along Oregon
Highway Should' Be
Saved, Says Shelor
"What is Oregon doing to save the
trees along her highways?" asked
Douglas Shelor. manager of the Auto
mobile Club of Western Washington
and former Journal man. who arrived
at the Benson Monday night from Se
attle. "Washington is hot on the trail
of tourists and others who chop down
the young trees along the highways of
the state, and is doing everything in
Its power to prevent damage from fire
and axe.
"Anyone who has been in France and
has had an opportunity to see the mu
tilation caused there in the war lone
and the beautiful stretches of highway
where the trees are still growing, is fa
miliar with the contrast between no
trees and an abundance of shade.
"Every civic club in Washington is
interested in the campaign."
VALEDICTORY PARTY
GIVEN 10 MEMBERS
OF JOURNAL FAMILY
Thomas Mullin and Harry Ely
Honor Guests at Happy Ban
quet Monday Evening.
Forty members of The Journal faip
ily laid aside the hurrying duties
newspaper publication and gave I
"valedlctoryiparty" to Thomas J. Mi lliSl
and Harry Ely, at the Hotel Portl md.
Monday evening. Mullin, who for nine
and a half years has been advert. sing
manager of The Journal, is going to
Salt Iakc as business manager of the
Herald, where he will be associated
with A. L.. Fish, former business mana
ger of The Journal. Harry Marcus will
succeed Mullin as advertising manager
of The Journal. Ely, who for some
years has been assistant circulation
manager of The Journal and for 1.'.
years attached to the circulation de
partment, is to become circulation man
ager of the Portland Telegram.
Newspaper men live lives so tensely
devoted to duty during working hours
and see so little of each other off duty
that both the departing members of
The Journal family learned for possibly
the' first time bow highly they have
been esteemed by their fellows and
what an impress they have made upon
that daily product of efficient harmony
and harmonious idealism known as The
Journal. Tribute was given the depart
ing men by representatives of the vari
ous divisions of the advertising, circu
lation, composing, press and editorial
departments. Fred Ixckley served
happily as master of ceremonies. David
H. Smith and Harry Marcus were the
committee on arrangements.
Auto Underwriters
Formed in Portland
Pile Incorporation
Salem, Jan. 27. The Oregon Auto
Underwriters, capitalized at $5000 and
with headquarters in Portland.' filed ar
ticles of incorporation with the corpo
ration department here today. The in
corporators are A. M. hppstein. V. J.
Schmankowsky and 1$. A. Ewers.
Articles were also filed by the Met
ropolitan company of Portland, capital
ized at $5000. G. J. Burton. W. II.
Masters and James L. Conley are the
incorporators.
The Portsmouth Mercantile company
of Portland filed resolutions of disso
lution. Celebrates Golden Wedding
Colonel A. A. Morse, with the safety
deposit department of the Northwestern
National bank, celebrated his golden
wedding anniversary Saturday. Prior
to going with the bank he served 30
years with the O-W. R. 4 N. Co.
Big Double Bill ! J
"Sic 'em, Wapif
and Wapi, the
Killer, tore
at her
enemy! I
James Oliver CurwoodCs
"BACK TO
GOD'S COUNTRY"
AND
FATTY ARBUCKLE
IN
The Hayseed
BETTER COME AND
BRING THE FAMILY I
She Had Black Eye,
But Not From4 Blows,
She .Informs Judge
Did he "black your eye?" asked Judge
McCourt this morning of Emma Brim
mage, one-time complainant against and
now appealer for leniency for Herbert
! 1
, r Vvl MfetJ.
fa W &rMk V
i . win 'u-m-
i v levari 'iz'&ts;siu .
Smart Overcoats "and Suits
for the Younger Men
I am showing some recent arrivals for late
whiter wear. Young men will admire greatly
their smartness of fabric, pattern and color.
They are very fairly pricedat
$35 $40 $45
The Second Floor
en
irlson
My Store Closes at
t
Now
Playing!
a
99
1
Brimmage, who was Indicted on - th
charg of assault and battery. : V " '
"No, sail, youah honah, he couldn't do '
that" '
The reason' was apparent, i . '
Brimmage pleaded guilty.-' lo.' lhe
charge and acknowledge that on January
5 .he had slapped his wife... As he had
been in jail since that tlms, JudgeTMc-
Court imposed a 90-day jail sentence and
naroled him durinc sood behavior. v
Street
6 o'Clock Every Day
You'll Lanch
Your Head Off
at Fatty
At buckle as
an R. F. D.
Mailman
I t. s.4 i'r i,,S-i4.l