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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 13, 1920)
ALLEGED ' LOSE BY RULING AT LOCAL TRIAL When the first three main lines of defense upon which he attempted to enter were ruled out by order of the court, W. 8, ITRen, attorney for the three members of the Commun ist Labor party charged with crimi nal syndicalism, became suddenly ill :Frlday afternoon and the case waa postponed until Monday morn ing. Karl W. Oster, state secretary for the party, was on the witness stand when the recess was called. Oster. whose "historical black spot" is the fact that he was bom in the United States, ac cording to Watklns, Inspector In the immigration service, refused to take the usual oath before the clerlt of court, and was allowed his right to "affjrm" that ha would tell the truth. AGAIIf.T DEFENSE Claude Hurst and Fred Frye, the other defendants, are expected to succeed to the stand following- Oster. Severe blows were dealt to the de fense when 11 proceeded to open Its case, when Judge Morrow decreed that the first three publications offered could not be lnfroduced as proper evidence. The irst-ef these came when the Judge ruled tfaat ITRen could not read excerpts from President Wilson's hook, "The New Freedom." j Because of the frank expression of tills book It has been very popular with defense attorneys In trials of the so r ailed radicals, but ft has lpn invari ably ruled out because It is simply the cplnion of an Individual, and hence not proper evidence. The book would no doubt be deeply interesting-." commented the judge, "but Mr. Wilson's opinions are not competent as evidence in the case at Issue. He does not mention the Communist Labor party and whatever opinions he might have on certain subjects could make no difference with the Jury." "ECOJfD JOLT GIVE Under the rules of evidence, personal opinions cannot be Introduced into a t!ial. The second Jolt to the accused came when the Judge refused to allow IT'Ren to read from William C. Bullitt's report on conditions In Russia, as given before the United States senate. The defense attorney argued that he wished by that to show the real conditions in Russia, but the court upheld District Attorney Evans in his contention that the comment of Bullitt was but hearsay and incompetent. Judge Morrow also ruled against U'Ren when the latter began to read from numerous old party platforms, which he had condensed in a book. U'Ren stated that he wished to show that fiery language has often been used in -party platforms. The court decided that they were not proper evidence. Two copies of "Soviet Russia," a weekly publication issued by represen tatives of the Bolshevik! in New York, wtre accepted In evidence after much argument. ATTORNEY VA5DEETEER COMISG When U'Ren first announced that he ran suffering from acute throtat trouble and desired to have the case postponed nitvls Attnriuv IT.vana nnnnne.d th Dlan. George Vanderveer, attorney for the 10 I. W. W. on trial at Montesano for the murder of Warren O. Grimm In the Centralia tragedy, is due to arrive In Portland on Tuesday to take up the cudgels In defense of the 26 I. W. W. un der indictment here for criminal syn dicalism. Evans argued that It would be ab solutely necessary for the trial to pro ceed without delay so that it could be completed by that time. U'Ren sprang a surprise when he stated that the case would be finished by that time anyhow. It is supposed from this that he will not put up a long defense, but will depend iipon his former assertions that the prosecution has proved no overt act on the part of the defendants. EBERT REGIME TOPPLES; KAISER'S MY GOES IN (Continued From Put Ona) holy declaring that any change of gov ernment In Germany would be sure to endanger tha treaty of Versailles. XOSKE'S HOLD WEAK Ebert depended for support largely on the troops of Oustav Noske, his min ister of defense, who crushed the, Each Flake of POSTTOASTIES tastes the same and every one is great Foot Made hy Poatum Cereal Co, battle Qwk.IvcH Fpartacan and ether radical outbreaks. While Noske had full control over the rclchswehr and volunteer troops, his hold oh the regular army was weak. The dis affection of this element, headed by officers who retained, secretly at least, their allegiance to the former kaiser, probably forced Noske to give up his post without fighting. Reports that the revolution was crow ing have been current for months. Pan Oermanists and monarchists recently have been gaining power. Revelations in the Erzberger-Helf-ferich trial weakened the confidence of the people in the Ebert administration and gave the reactionaries an oppor tunity they did not miss to crystallise pinion against the government Ebert always has been considered an Interloper by the aristocrats of the old kalserlst regime. His lowly birth and unconvincing personality have been held up to scorn time and again Dy me mil itary clique. The government practically toia tne allies' premiers that surrender of the accused Teutons including many pow erful figures In the old kalserlst clique -mMnt Its downfall. Allied Investi gations bore out this statement and the premiers finally agreed mat me ac cused might be tried before a German tribunal at Lelpslg as the Ebert govern ment had suggested. HIXDE3BLBG 18 CENTER Th Q(.tinTiftr!M throughout Ger many, however, had seised the oppor tunity to hurl charges at tne govern ment. Rallying around Von Hinden burg they declared the accused never would be surrendered. Army and. navy officers Joined in oaths to prevent sur render of the accused by force. When the premiers finally decided to alter their demands the hold of the Ebert government had been weakened and a agreat wave of monarchists move ment was sweeping over Germany. The Ebert group, however, continued to fight for Its power and it was not until the Erxberger-HelfU-lch trial that It became apparent the government was in grave danger. The attack of Otwig von Hlrschfeld, a young student and former army lieutenant, upon En berger, then minister of . finance, was one of the straws showing the trend of sympathy. 1VHT HE SHOT HIM Von Hlrschfeio shot Erzberger as the finance minister was leaving the relch stag building after a session of the trial .He said ho did It for the good of Ger many and because he believed Ers berger was a "British sympathizer." This incident wa4 followed by the resignation of Erzberger, who had been under fire for alleged use of his public post for private gain. At the time he resigned, newspapers of the reactionary group attacked the entire Ebert ad ministration bitterly. It was apparent, correspondents wrote, that the govern ment's position had been weakened greatly. The monarchists and Pan-Germantsts generally. Including powerful figures of the Prussian aristocracy, had made the most of these opportunities. They worked apparently to secure firm hold of the army. The support of the military lead ers probably was what enabled the i evolutionary coup to be carried out with the apparent ease indicated by dis patches. RESTORATION OF KAISER. LOOKED UPON AS PROBABLE Bf J. W. T. Mason New York. March 13. (U. P.) The ease with which the revolution In Ger many was accomplished suggests the radicals had been losing public confi dence quietly for a considerable time. Germany is naturally not a. radical coun try. Its Instinct for conservative gov ernment control of the national life is undoubtedly being counted on by the new Kapp ministry to rally the people to the support of the revolution. The) overthrow of the republic will probably follow if the conservatives con tinue In power long enough. It Is doubt ful whether this will occur, however, in the Immediate future. The conserva tives may well see the advantage of not arousing the resentment of the allies by too strong a policy of reaction at first. If the republic Is overthrown, the pos sibility of a Hohenzollern restoration will be strong. Polygamy Charge Follows Release Of Man at Salem Salem. March 13. John A. Hess, ar rested here Sunday on a charge of lar ceny by bailee and released Thursday, was returned to the county Jail Friday in default of $500 bond, to await trial on a charge of polygamy. Hess, who has a wife in Salem, is said to have been living at Stayton with Miss Nora Dennis, aged 26, who has been passing as his wife, although both now. accord ing to local officials, deny the former story that they were married at Van couver, Wash., about a month ago. Hess' wife here Is said to be preparing a suit for divorce. Miss Dennis, or Mrs. Hess No. 2, is reputed to be wealthy, owning two sections of land in Texas as well as an Interest in sev eral oil well, That's why everyone round where I live worit have any com flakes but NEW YORK DOCK WORKERS SHE New Tork, March 13. (I. N. 8:J Longshoremen, checkers and stevedores at the piers of the Mal JOry, Clyde, Morgan, Old Dominion, Savannah and Fall River steamship lines went on strike here today, as a result of refusal of the steamship owners to grant their demaada for increased wages. Un'on leaders predict that practically all longshoremen, stevedores and check ers at the port of New Tork will Join in the strike. Union officials declared that a strike vote Is being taken at all porta alongv the Atlantic coast and that the result will be known some time today. It is estimated that the strike In New York will affect between 6000 and 7000 men. The longshoremen are demanding a wage scale of SI per hour with $2.50 per hour for overtime. They are now. paid 65 cents per hour for a basic eight hour day and $1 per hour for overtime. The demands of the checkers are for a re duction of the working week from 41 to 44 hours and an Increase in weekly pay from $25 to $38.30. At present only workers affiliated with the marine unions are Involved but it is understood that 6000 union harbor workers have demanded that the railroads take action on their re quest for a SO per cent wage increase by Monday. S ARE STILL OUTjNRED TRIAL fContinufd From Pftff One.) basis for the new complaint, was slain by a high power rifle bullet fired, the prosecution Insists, by Loren Koberts from Seminary ridge. The calibre of the bullet was .22, and Roberts was the only one of the defendants using a gun of that type. STATE'S ARGUMENT FAILS TO DEMAND DEATH PENALTY By Fred H. McNeil (Otct The Journal'! Special Leased WirO Montesano, March 13. The fate of 10 I. W. W. defendants on trial here for the murder of Warren O. Grimm In Cen tralia on Armistice day, November 11 test, was placed in the hands of the Jury at 10:20 o'clock last night. The final argument of Special Prose cutor V. H. Abel lasted less than an hour. In it he briefly answered Vanderv veer's closing, and reviewed some of the evidence that had been lightly touched by his colleague in the open ing argument. The argument was wound up with a plea to the Jurors for a first degree verdict in the case of each of the 10 defendants. The omission of a particular demand of the state that the death penalty be inflicted was considered significant, since the penalty la determined by the Jury. Abel, In his argument, first attacked the Eugene Barnett alibi, saying that It was absolutely riddled by the evidence. The testimony of the McAllisters, be averred, was contradictory, and there was no proof that he sat in the Roderick hotel, adjoining the I. W. W. hall, while the shooting was In progress. FABRICATION, SAYS ABEL "He tells you," said Abel, referring to Vanderveer, "that Grimm was In a raid in Centralia in 1918, and he knew that It was not true. Grimm was In the army at that time and not in Cen traLla. It was a fabrication by counsel to protect his friend Edmonds." Abel referred to Rev. Timothy K. Edmonds, Seattle, a defense investigator. Abel read from the record where Ed monds said in his famous letter to Van derveer that Grimm was not implicated in the raid at Centralia on Armistice day. The defense In the case, Abel de clared, waa outlined in the Edmonds letter. "That Grtmm was shot from the Ava lon there is no doubt at all." said Abel, "Feturning to the Barnett alibi again. , , "And counsel was finally driven to admit, that the men shot from the hills," ,the attorney continued. "Vanderveer tried to evade proving that Grimm was In front of the hall, but finally was forced to do It. "Driven with his back to the wall, there came the perjured testimony." "Counsel said that the X. W. W. could not be left out of the case," said AbeL "The I. W. W., on the other hand. Is not an issue here. It is not a shield of de fense for murder. Behind that organi zation no man can say he has the right to shoot down men In the street." Arterwaras tne four bamrrs were summond and sworn to watch over the Jury during Its deliberations. JURY TAKES SLEEP A. R. Johnson of Aberdeen, the alter nate Juror, was discharged Just before the Jury left the courtroom. He had been retained to hear the evidence and take the place of one of the regular jurors should he become ill. Special Prosecutor C. E. Cunningham, before Vanderveer spoke, had asked the extreme penalty for the 10 defendant members of the I. W. W., who are ac cused of slaying- Warren O. Grimm. In a courtroom packed far beyond any capacity for , which tt was intended, while hundreds awaited in the corridors outside, Cunningham, who himself was in the Armistice day parade and under the fire that rained on the es-soldiers. claimed that each of the 10 men on trial was equally guilty ; that each had guilty knowledge of the planned events that did take place and each sought to take a hand In the slaughter, even though all of them did pot manipulate a firearm. A few minutes before he began, Su perior Judge John M. Wilson had start led the courtroom in his Instructions with the ruling that the law did not authorize men to go outside of a build ing in order to protect it in self-defense; and that if any of the defendants had shot from the Avalon or from the Arnold or from Seminary ridge, claiming self- defense, their acts were unlawful and-J they were guilty of murder. ALIENIST IS DEXOUIfCED Vanderveer took the position In his argument that he was defending the under dog, and he said that by so doing he had been subjected to bitter perse cution. Of Loren Roberts, the man for whom insanity has been claimed as de fense. Vanderveer said ; "I am con vinced that he is crazy and has been crazy since before Armistice day." Dr. William House, Portland alienist who testified for the state in rebuttal, was attacked by the defense attorney, who said that the physician had re fused to examine Roberts and had branded him as a "faker." '"He believed I was the man whom he hated," said Vanderveer. describing Roberts' condition. "He thought I waa Colonel Dlsque, whom he hated above 1 all other , men. because he bad intro duced the military regime into the labor ill camps and bad forced the man to work at the point of bayonet." CONFESSES EARLT MISTAKE T am forced to admit that Z was wrong, said Vanderveer, commenting upon the fact that in his opening state ment, when the trial began, he had said that there were no shots fired from the Avalon hotel But when they say it waa -Gene, Bar nett who fired those shots they' are wrong," the attorney continued. "He was a courageous, manly witness on the stand," Vanderveer continued, in his comment on Barnett. "If I had nothing but that boy's manhood to offer in his defense the defense would be perfect" "If men planned deliberate murder would they do It in their own hall, where they would be trapped like rats"? asked Vanderveer, in commenting on the motive for the shooting. DEIVEJT TO BETAIIATE Continuing on this theme he insisted that the ex-service men rushed the I. W. W. hall before any shots were fired. He deplored the inability to prove any of the evidence that the I. W. W. In Cen frjalia had been threatened by the busi ness Interests. But speaking of previous occurrences leading up to the shooting, the attorney declared that the I. W. W. dog had been kicked around too much, and that it had retaliated. The I. W. W. in Centralia did everything humanly possible to pre vent being driven out, he said before they were finally driven to the desper ate measure of self defense. "Every Investigator that I've had has been arrested and I've been arrested," he said. And why?" "Because I dared to fight for the under dog." Grimm knew there was going to be a riid on the hall, Vanderveer averred, and Casagranda and Watt, two of the victims, one killed and the other wounded, were not shot on Second street as proved by the state, but in front of the hall. "It is unbelievable," declared the de fense counsel, "that an agreement among men to act like men to defend their rights their right to free speech should ever be set up as a conspiracy." Tom Morgan, who was arrested in the hall with the others, but who turned state's evidence, was a miserable exam ple of the Justice being dealt out in the case, Vanderveer said, a man who was held in Jail bat with liberty always star ing him in the face a man whose life had been offered him In return for his testimony. LABOR WATCHES TRIAL "The eyes of the labor world- are on you today as they will never be on you again in your life," he said. In closing. "The eyes of the people of the world who are looking for better things are looking to you tonight to see if freedom still exists. They are looking to see whether or not you are true Americans to see whether America is a better place than Germany. "You have got to stand up and be counted, if you love the cause of the under dog. Say so now, or hold your peace forever." MCALLISTERS LIED, HE SAYS . - Although a claim of insanity had been set up fpr Loren Roberts, Cunningham averred, all of his statements had been corroborated in minute degree, except as to the preconcerted action on the part of other defendants. "And that they win never admit" declared Cunningham, "If there Is any thing to the credit of thepe men. It Is the fact that not one has squealed on the other. Their lips are sealed forevet as far as to what actually transpired In the I. W. W. hall." The inconsistencies of statements of numerous of the defense witnesses were pointed out by the attorney and the testimony of the McAllisters, who oper ate the Roderick hotel In Centralia, and who said that Eugene Barnett was in that building throughout the shooting, was declared to be absolutely false. SMITH CALLED BELL-WETHER "I am biased In this case because I am convinced beyond any doubt that these defendants are guilty as charged." said Cunningham. "I waa the intimate friend -and legal associate of two of the men slain on November 11." Britt Smith, secretary of the I. W W. organization In Centralia, was brand ed as the bell-wether of the plot. James Mclnerney, the attorney said, knew of the plans and remained over, instead of going to Tacoma as originally planned, In order to take part In what occurred. Britt Smith and Elmer Smith, the at torney, knew, said Cunningham, when "John Doe" Davis (who has never been apprehended) went to the Avalon hotel with a Winchester rifle, that he had gone for the purpose of shooting into the parade. ALLEGES FALSE TESTIMONY Reviewing the testimony that identl fied Eugene Barnett as being in the Avalon, he said that the testimony of the witnesses for the prosecution had never been Impeached by the defense, Point after point was driven home on the subject of falsified testimony from defense witnesses. "But Vanderveer ia not to blame; shouted the prosecutor. "He had his back to the wall and fought desperately for he knew his was a losing case." O. C. Bland had admitted on the wit ness stand that he went to the Arnold for the purpose of "shooting men In the back," said Cunningham, "should there be a raid on the hall." 'To shoot men in the back !" said Cun ningham. "That statement alone ought to damn him In the eyes of God and men for ever." -SIE5T XOT NEAR HALL Not one of the men who died wals shot In front of the hall, he continued. "Warren 0. Grimm never took one step towards the hall. How could he have been killed from the I. W. W. hall with a 38-55 rifle when none, was there? How could McElfresh have been killed In front of the hall with a .22 high-powered rifle when there was none in the hall?" Cunningham asked. "Grimm never made a move nor lifted a hand against these men. He never knew who his assassin was." Elmer Smith knew of the Dre-arraneed plans and approved of them,- said the attorney. He knew what Britt Smith meant when he pointed to the buildings across me street and Indicated that they were to be used for "defensive" pur poses. MINISTER DEIfOtJCED Ray Becker and Mclnenefy, Cunning- nam accused of being armed and of snooting from within the hall. Becker was arrested "fairly with- a smokine revolver in his hand," the prosecutor aeciarea. . , "The defense of this case is camou flage," he said. "The court has not recog nised It even in the instructions." jne Kev. "Timothy" T. Edmunds of Seattle, investigator for the defense, was scathingly alluded to in a long excoria tion In which Cunningham said that he was so Interested in trutrVand Justice that he conceived a plan whereby all of menss oerenaants could be acquitted." This plan, the prosceutor charged, was followed out in the trial of the case. "This gentleman of the cloth in his letter suggested a subterfuge to blind your eyes to JusUce. He should be condemned for. ever and ever." WOtTLD TEACH I.KSSO!? "If these men are turned loose It means sane government In the United States is at an end." Cunningham con cluded, "and. that red anarchy will ore- vail as I saw it prevail on November U In Centralia. But if you return verdict of guilty it will be such a lesson that them will never be a recurrence or this thing In the nation again." Any evidence relating, to the killing of Ben Casagranda or Arthur McElfresh must not be considered by the Jurors, Judge Wilson said in hi instructions to the jury. Only testimony relating actually to the killing of Warren p. Grimm was to be taken. In his forty-fourth Instruction, the court said: x. vr. w. 3fOT nrvoLVED "You are Instructed that under the law of this state no person can be con victed of any crime merely because of the kind or quality or character of his private opinions: that here in this case the organisation, whose official title is the Industrial Workers of the World', commonly known and referred to as the 'I. W. W. is not on trial, and that the economic and social theories of that organisation, whether subscribed to or not by the defendants, must not be al lowed to prejudice you as against the defendants." The truth of the matter was not to be determined solely by reference to the number of witnesses who had testified for either side, the judge said, but rather by the weight of the evidence they gave. In his fifty-eighth instruction, the Judge charged the Jury that It must either find Attorney Elmer Smith guilty of first degree murder or acquit him. MUST DECIDE ON ALL "If you find any pf the defendants or any one guilty of murder In the first degree, you will, in a special form of verdict, write In the name or names of such defendant or defendants - against whom you find that the death penalty shall be inflicted, and the name or names of such defendant or defendants against whom you find the death pen alty shall not be inflicted," said the Judge. The reading of the court's .instructions toolt 45, minutes. There were frequent interruptions by the attorneys, who fol lowed the Judge very closely from their own copies, and at the conclusion argu ments began in regard to the various points on which the Judge had not touched. For Instance. Vanderveer asked an In struction to the Jurors that a verdict might be returned finding some of the defendants either guilty or not guilty, even though they could not agree on the balance of the defendants. Judge Wilson said he would not so instruct at that time. HEIgF DEFENSE ALLOWED Then Vanderveer asked that the Jury be instructed that no coercion or threats should be employed in the Jury room against men who might refuse to agree with the majority. This also was de nied. "If we are going to argue about Jhese things, we might as well take a recess," Judge Wilson suggested. The Jury was sent out and the defendants went back to Jail for a few minutes. The attor neys accompanied the court to chambers for more discussion. "You are Instructed that any person or persons has or have the right to de fend himself or themselves or their property from actual or threatened vio lence or from the commission of a felony by one or any number of persons, and to that end to arm themselves, but this right does not go to the extent of sta tioning armed men in outside places for the purpose of shooting the persons, real or apparent from whom force or vio lence la expected," said Judge Wilson, in what is considered the most signifi cant and important of his Instructions. SHOOT1SO FROM K1DGK UNLAWFUL "The collection of arms to be used in self defense Is of itself proper and lawful', but the law does not authorize the collection of arms and the placing of armed men at outside stations in the defense of persons, habitation or prop erty Inside the habitation." "If you find that any two or more of the defendants in the manner and form described in the Information planned to defend the I. W. W. hall or the property therein by the stationing of armed men In the Avalon', the Arnold or on Seminary Ridge hill for the pur-, pose of shooting from these points all persons engaged in a raid on the hall, the placing of such men and the shoot ing from said outside points would not be lawful acts of defense of person or property, but would be unlawful." PARTY NOT ON TRIAL "If you find that two or more of the defendants so planned and carried out said plan, and that as a natural result Warren O. Grimm was shot and killed as charged, then such killing would be unlawful and would be murder, and each and all of the defendants so planning or participating therein would be guilty of murder. But I advise you that the mere collection and presence of arms Is not sufficient whereon to base an Infer ence of guilt of the defendants or any of them, nor a proof of conspiracy." A special form of verdict was also ordered In respect to Loren Roberts, the defendant for whom insanity was inter posed. Regardless of whether or not Eugene Barnett fired the shot which killed Grimm, the Jury was instructed that he should be found guilty if it was shown that he entered Into any conspiracy with the other defendants. Barnett was specifically charged with kflHing. Grimm by firing from the Avalon rooming house. ONLY ONE MURDER CHARGE "I. Instruct you that the defendants cannot be found guilty of the murder of Grimm merely because you may be lieve that they. were identified In shoot ing Arthur McElfresh or Ben Casag randa," said Judge Wilson, in comment ing on the killing of the other two men in the Centralia Armistice day tragedy. "The defendants are not accused of killing either of these men. nor are they on trial for that charge," he con tinued. "Evidence of the shooting of these men was admitted only because it was all a part of one transaction and it was considered necessary that you should understand the entire trans action in order that you might correctly decide that part of it which is now under consideration." Allied Commissions Will Go to Russia To Learn Conditions Paris, March 13. (I. N. S.) The al lies have decided to send two missions to Russia for an investigation of con ditions. A. J. Balfour, former foreim secretary of Great Britain, announced today at the meeting of the council of the League of Is'atlons. It is expected iney win leave m about a month. .Albert Thomas Of tha interna Hnnol labor bureau Of the League of Nations expressed the belief that the investiga tion of the missions will result in for mal recognition of the Moscow soviet government Credit Men In Session Spokane, Wash., March 13. The an nual convention of the Northwest Whole sale Credit Men's- association Is in ses sion here.- Montana, Idaho, Oregon and Washington are represented. Several credit women from the coast are ' at tending :, mm VOTERS REGISTERED Salem, March IS. Of the 268.584 registered voters In Oregon on March 8, as reported to the secretary of state's office by the county clerks in the various counties, 65 per cent, or 17 4,464, are registered aa Repub licans; 27 per cent, or 74,464, as Democrats; 8194 as Prohibitionists, 5336 as Socialists, and 8906 as mis cellaneous. Registration for the primary elec tion closes April 20. The total regis tration for the primary election two years ago waa slightly In excess of 302,000. The total registration by counties follows : Baker. 7363 ; Benton. 4792 : Clackamas. 13.697; Clatsop, 4474; Co lumbia, 4493 ; Coos, 7523 ; Crook, 1670 ; Curry, 1709 ; Deschutes, 3264 : Douglas, 73J4 ; Glilia'm, 1912 ; Grant 3117 ; Har ney, 23E5 ; Hood River, 2537 ; Jackson, 8084 ; Jefferson, 1014; Josephine. 30S4; Klamath, 5146; Lake. 2006; Lane, 12. 817; Lincoln, 8802 ; Linn, 11,890; Mal heur, 4924 ; Marlon, 14.671; Morrow, 2361 ; Multnomah, 76,131; Polk, 7464; Sherman, 1906 ; Tillamook, 3529 ; Uma tilla, 8747 ; Union, 6757; Wallowa, 3400 ; Wasco. 6149 : Washington, 9963 ; Wheel er, 1481 ; Yamhill, 8118. The only fatality included In the list of; 410 accidents reported to the state Industrial accident commission for the week ending March 11, was that of James Pollhranls, a Portland railroad employe, who died as the result of In juries received when run down by an auto truck. Of the accidents reported, 378 were subject to the provisions of the workmen's compensation act, 17 were from firms and corporations that have rejected the provisions of the act and 15 were from public utility corporations not subject to the provisions of the act The mandamus proceedings through which P. M. Bloom of Portland Is at tempting to compel the state board of examiners to Issue to him a license to practice dentistry In Oregon, waa argued before the supreme court Friday. The case of the Berkshire company against H. E. Plummer, city building In spector for Portland, another mandamus proceeding, was also up for argument before the court Friday. In this case the Berkshire company seeks to feompel Plummer to issue a building permit for the erection of an apartment house In a section of Portland in which, according to Plummer, such buUdings are barred by city ordinance. J. A. Churchill, state superintendent of public instruction, left Friday morning for Moro, Sherman county, to attend a session of the county teachers Institute. Ei F. Carleton, assistant superintendent is attending a meeting of the Washing ton County Teachers' association at Hillsboro today. A check of the Items entering into the expense of the special legislative ses sion of last January reveals the fact that two and only two solons failed to draw down their per diem and mileage allowances. These were Representative Joseph G- Richardson and Senator Rob- AD i IN STATE MARCH 8 r I now 0)nytQJm Y0U'LL playing M k; (ihi4 LIKE IT t. ...... A FERRARI Wm, ! ' f FLAME OF I Wvfll V1! DESERT" r x II harp, n. tran ; ceuo, w. roou i - , - I I ft- Massenet 'And for I . . V II Sextet- (from Lucia -di Ummer- I I7....f V X l! mwr) .Donlsettl If DDI7UIA "iii fcni ' ii Poet, and Peasant (ovartijre) II II COMEDY il lU-JitJ Encore--Venetltn SSSb topics (I r WEEKLY ; if r ert 8. Farrell,. both members of the Multnomah county delegation, - Richard son, who is serving-: the state as deputy state treasurer, donated hut time as a legislator and Senator Farrell had pre viously declared his. readiness not only to attend at his own expense but his willingness to pay the mileage and. ex pense of any other member who did not feel able to attend on the same terms. A total of 811.522.7S has been paid out of the legislative account to date, with the printing bills for the house and sen ate Journals and ' other incidental ex penses yet to pay; Of this amount $5567.40 represents mileage and per diem expenses of the legislators. II. N. Ely of Salem has been awarded the contract to complete the two dormi tories at the state uchool for the feeble minded. The last legislature appropri ated $11,000 for thle work, which will be done by day labor under Ely's direction. Francis V. Galloway of The Dalles is a candidate for reelection as district attorney for Wasco county, filing his nominating petition with the secretary of state's office for a place on the Dem ocratic primary ballot. OF LF Chicago, March 13. (1. N. S.) Henry Anthony Marsh, the young son of the late Henry Field and Peggy Marsh former London chorus girl, is not en titled to a share In the Marshall Field millions, according to a ruling handed down today by Superior Court Judge Sullivan. Judge Sullivan denied a petition' filed in behalf of the r,boy by his mother, asking that he be permitted to share In the millions left by the late Marshall Field to his grandsons and .their chil dren. The case largely centered around the court's interpretation of the phrase "lawful Issue" contained In the Marshall Field will, and In reaching his decision Judge Sullivan set forth: "Henry Anthony: Marsh is not In the class of persons who were, contemplated by the testator (Marshall Field) as be ing one of the heirs to the estate, and isnot such an. Issue of the grandson, Henry Field, as mill be permitted to share In any part jpf the share of Henry Field under the terms of the will." The $100,000 contract between Henry Field and Miss Marsh still exists, how ,ever, so that the t boy and his mother will be provided for. The decision of Judge Sullivan thus leaves Captain Marshall Field III and Gwendolyn Field Sole heirs to the Field millions. f i, School Boird Bars All Union Teachers St. Louis, Marck 13. (I. N. a) Fol lowing the announcement that the High School Teachers' association, comprising approximately SOfiper cent of the high school teachers ot St Louis, had agreed to unionize and affiliate with organized labor, the board of education announced today It would not employ teachers af filiated with labor organizations. Ask for imported Pompelan Olive Oil, and be sure you! get It. Adv. GRANDSON IS DENIED SHARE M1LL0NS MARSHAL ILD 11 JWl picture. If the .tar's the At B VAX thig and the play', the 1 I 1 I thine, we nave cm ootn. - n ' I CUTERSON-S 1 11 Poef and Peasant (overture) H!: ..!.. By Suppe J V Prelude By Rachmaninoff V Elegle (trio violin. M. Guterson ; . - , iiliele f trio violin. M. Outr"PP NAVY LEFT Hi IN By Raymond Capper Washington. March 18. (U. P.) Rear Admiral William S. Sims to day declared that the navy depart ment left him in the dark as to vit3 naval operations during critical days of the war, thereby leading to delay naval officials in Europe to loss confidence in the American naval head there. ' Resuming his testimony before the senate naval affairs sub-committee. Sims declared that he first learned of at least a dozen Important naval move ments. Incidentally, through British or French naval officers or through pri vate letters from friends In America. Sending of surplus antl-submartne craft to European waters would have greatly aided the sllies at a "danger ous period" of the war, Herbert Hoover testified today, supporting contenttona of Sims as to the critical allied situa tion in the spring of 1917. m Submarine sinkings were so great" In this period as to endanger the outcome of the war. Hoover declared." Whether the navy couW have done, more to meet the situation In Burope, Hoover declined to state. Seattle Elks Coming To Help Big Class In Seattle Elks will be given generous hospitality this evening by Portland lodge. A procession Is expected (o start from the t'nion station on their arrival at 6 o'clock. There will be 300 candi dates In line, and many of them will be conspicuously displayed by a num ber of strange devices. Initiation will be at The Auditorium. The Seattle guests will Btop st the Multnomah hotel. The Columbia Hlver highway will be viewed Sunday. Miss O'Connor Seeks Phone Agreement Julia S. O'Connor, department presi dent of the Telephone Operators' union, will be In Tortland Monday for an ad dress at W. O. W. hall. Kleventh and Alder streets, at 8 p. m. Miss O'Connor was here a year ago during the labor controversy with the telephone company. Her mission, it is announced, is to work for a contract wage agreement between the operators and the company. She will be In Tortland two days, with head quarters at Selling-Hlrsch building. Predict Frequent Eain in Northwest Washington, March 13. (T. N. S.) The weather bureau today Issued the following forecast for next week: Pa cific coast states Quite frequent rains north and central portions during ihe week. Generally fair weather south ern portion ; nearly normal temperatures. DM SAY SIS