The Oregon daily journal. (Portland, Or.) 1902-1972, April 01, 1920, Page 2, Image 2

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    I:
IN LINE WITH LAW
AHORNEY ASSERTS
fteno, Nov., April 1, I. N. 8.)
"There Ja "no more collusion or fraud
in" the Mary1 Pkford-Owen Moore
divorce case than there Is in prac
tically every divorce tried in courts
In Reoo. , .Neither is there any ex
cuse for an investigation- of the film
; stars' divorce."
' This was the statement. In substance,
made by Attorney Gray Mashburn. be
fore the Waahoe County Bar associa
tion when that organization was being
presented with farts dealing with the
, divorce .
"I m opposed to an Investigation for
the pure and simple reason that there
is no more fraud or collusion la this
Vase than in any other tried In Reno,'1
was the manner "In whith Attorney
Mashburn declared today. He spoke be
fore the association.
Attorney Mashburn represented' Mary
: Plckford in the proceedings at Mlnden,
where she was granted a divorce from
Moors.
MAitr denies AirrrinxG is
WRONG IN DIVORCE CASE
Los Angeles April 1. U. P.) De
nials of any irregularities In the pro
ceedings by which she was given a di
vorce from Owen Meore were made to
day by Mary Plckford, who last Sun
day bfcame the bride of Douglas Fair
banks. According to Information received
here, the- Inquiry Into the re-ord of the
proceedings at Mlnden. Nev.. la based
on allegations of collusion between Miss
Plckford and Moore, regarding the sftrv
Ice of lummoniby whiofr Moore was
- brought Into court. The period of resi-;
dence in Nevada of the principals is
also said to be under Investigation.
"There in certainly nothing to It.was
the only remark Douglas Fairbanks
would make today, declaring he knew
nothing of the divorce proceedings.
( Conttnued From . Pg One . )
Portland, 20 Oregon . reportB, 580, the
constitutionality of taxation vested in
I the commissioners named by the ioglsla
i tlve SHsemby was upheld.
! "The committee of fifteen has care
j fully considered as an alternative to
the plan the placing of the port com
( mission under the authority of the city
of Portland, presumably by appoint
ment f rom -the muyor or the elty com
missioners. The committee has also
considered the alternative of vetoing
the appointment of the commissioners
under the governor of the state.
PLAJf IS ASOMALOUH
"There appears to be insuperable ob
jection to either of these plans. As
you know, the territorial boundaries
of the city are not coterminous with
the boundaries of th port. Further
more, the port commission has Juris-r
diction With respect to navigation, sub
ject to federal control, not only of the
Willamette river, but, of the Colum
bia from the Willamette to the spa.
It would therefore seem highly anoma
lous to commit to the city or Portland
or to a body answerable only to, the
city Jurisdiction of the territory out
side the city's boundaries and Control
of navigable waters beyond the limits
of -'the city,, and In whicti all of the
people of the state are concerned. In
deed, the . adoption of such leglHlation,
even If proper -and constitutional,
would be highly problematical.
'"Ifyrthermore, it seems reasonably
clear that legislation would be invalid
which should attempt to delegate the
power of taxation to a commission ap
pointed by the mayor or city commis
sioners or by the governor, for by the
magna charta. the bill of rights and
our own constitution the levying of
.taxes has been declared to be solely a
legislative power, which cannot be ex
ercised by executive officers or dele
gated by them. These principles are
so fundamental and so a part of our
institutions that in the solution of the
present problem of consolidation of
these two agencies of government the
committee of fifteen has 'felt compelled
to submit the plan in the manner pro
posed." E
TARGET ON DECISION
(Continued From Put On
perienced a similar contention there, and
was familiar with the legal phasea of
the" question, wherein, the supreme court
Upheld the city of Grants Pass under
THE VALLEY
PHD
DIM
KERR UPHOLDS PORT
SUGGESTIONS URGED
CITY COUNSEL
MAD
. Mary Thurman and Bill Russell in
a red-blooded romance of the hills.
C OLU MB I A O R C H EST R A
SPECIAL CONCERT TODAY AT 3 P. M.
The kind .of, music you like i to hear,.
25c
conditions analogous to those prevailing
In thle-ease. - - ' - '- -
It la probably fafr to assume that
the 'opinion of the city attorney of Port
land, t- recently- rendered, presages' , the
action ' of the . councllmanlc committee,
appointed by Mayor Baker. In the course
it wilt ultimately foliow. - -:.- .
. "Primarily the Newell tri-party plan,
heretofore very fully presented, may
also be In contravention of the consti
tution, if the city attorney Is right; al
though during these previous discussions
and investigations the point waa never'
raised. :
Thia same constitutional question. It
appears, might also have been pertinent
to the recent St. Johns terminal exten
sion case, wherein-It was stipulated; by
the' city, through Attorney La Roche,
that the city of Portland, through its
dock commission, would, if necessary,
construct the track 'and negotiate an
operating' agreement During the hear
ing Of this case JLa Roche, for the city,
made statements from which we quote:
La Roche : Now, if there I ft, any pos
sible way that we can help to this so
lution by constructing the line with otu
money . We hsve the money
and we can spend it with some provision
for its return at some future date.
Chairman Buchtel : Under that
thought why the company, of course,
would provide the service, as I am as
suming, and under that thought you
intend or express a willingness to ad
vance the money to permit the construc
tion of the roadway and roadbed and
physical end of it?
La Roche : Yes. sir.
I "The constitutional question remained
dormant.
DISCISSION IS EXTENSIVE
"In the final hearings on the P. R.. L.
h P. company's application, the 'pur
chase of the rails' by the city waa ex
tensively discussed, and although the
city was ably represented by the city
attorney's office, no constitutional ques
tion was injected. In fact, the city's
only witness testified rather fully on
the subject and stated that the owner
chip of rails was the remedy 'more sim
ply and easily applies'.
A portion of hia testimony follows :
Chairman Buchtel' If the
city of Portland waa the owner of the
car tracks, in any working out of a gen
eral scheme such as this, would tt be ad
vantageous or otherwise, or would you
care to say?
Newell : That is a matter I have been
cogitating on somewhat myself. I have
never discussed 4t with the city officials
to know what they would think of it at
all, but it appears to me that really the
proper solution of the city transports
tion question is to be found tn the
ownership by the city of the tracks just
as they .own the pavements. I don t see
any reason why the city should not as
well furnish the tracks for street car
riders to move on as to furnish the
pavement- for automobile riders to move
on. It would reduce the expense consid
erably and enable you to give a cheaper
fare and it would throw a nart of the
burden of cost on the general public of
the city which Is greatly benefited by
the transportation system and which, in
fact, must have It in order to do busi
ness effectually. A good system of street
car transportation or transportation of
some kind ts'fcist as necessary to Meier
& Frank as it is to any of their em
ployes, although the members- of the
firm may never ride on the cars at all.
Chairman Buchtel : Do you
know of any better method than through
ownership of tracks?
METHOD TERMED SIMPLE
Newell: -1 don't see anything that is
simpler and more easily applied than
that. There is now a joint maintenance
of the street as a whole by the street
car company and by the city. They have
to work conjointly. It would be Just aa
simple for the city to maintain the en
tire tracks and pavement and all as the
present arrangement. And the benefit,
as I say. to the city, from a good trans
portation system is very great.
"Certainly we can not assume that
there la any desire on the part of the
councilmanic committee to evade a re
sponsibility but in. view of the many
1 times in the past months, both at hear
ings and at conferences, matters have
been discussed wherein Attorney La
Roche's recent point, was Involved, the
eleventh hour opinion came as a distinct
surprise.
"However, our recommendations con
template neither tribute nor subsiay to
the company nor the advancing of
moneys for Its benefit but we advo
cated a plan designed to relieve the car
rider and distribute the burden equit
ably among all Who share the benefits
thus assuring a maximum service at a
minimum fare.
WOULD INCREASE F4RE8
"Nevertheless If the councilmanic com
mittee appointed by his honor the mayor
desires to support the testimony of their
witness in the recent case, and recom
mend that additional revenues be pro
sureti by increasing fares, time and en
ergy will be saved to all by frankly
saying so.
"On the other hand, inasmuch as the
opinion, in effect, technically discredits
the commission's recommendation?, we
know of no reasons to prevent the city's
committee from advancing such solution
of the problem as they roust shave In
mind and presenting it to the electorate
tn lieu of- ours at the May election and
with their endorsement.
"Finally, may we direct their atten
tion to a paragraph In the report of
their witness, which was offered in evi
dence to the commission In the recent
case, and which perhaps in their inves
tigations they may have overlooked.
"Additional suggestions will Uoubtless
be made, but none of these measures
for the reduction gf the cost of service
or for a more equitable distribution of
the burden of; paying for it can be put
Into operation by the company In the
face of serious public opposition. The
approval and cooperation of the, repre
sentatives of the city must first be se
cured, and tt must be made plain to the
public that any changes iroiowl ;r
to be made, not for the profit of the com
pany but for the benefit of Its
MATINEE
CONCERT
Columbia Orchestra
V. C. K3TOWLE8, Director
AT 3 P. M.
TODAY
a
TODAY AND
FRIDAY ONLY
OF TOMORROW
ff
OREGON LAND FOR
AMERICANS. LEE'S
SLOGAN ADOPTED
Salem. April
1. "Oregon for
Americans. If you can't be one, go
to
is the
unique and some
what significantly pointed slogan
under which M. J. Lee of Canby will
seek support for
hia candidacy for
the Republican 'nomination for state
representative from the Sixteenth
representative district.
In his nominating petition filed with
the secretary of state's office Wednes
day. Lee takes Kstand for "Oregon land
for American citizens only. No Orient
als or Japanese to either own directly or
through stock corporations Indirectly,
any American soil. Neither shall they
directly or" Indirectly lease American
soil."
Declaring for tlfe nationalization of
the initiative, referendum and the rail
roads and the taking of all annual land
values for public purposes, Alfred D.
Cridge, Portland newspaperman. Wed
nesday filed his nominating petition as
a candidate for delegate to the Demo
cratic national convention from the Sec
end congressional district
Other; candidates filing Wednesday
were:
John-R. Nickelsen. Hood River, candi
date "for Republican nomination for
state senator from the Sixteenth sena
torial district.
J. M. Blank, Canyon City, candidate
for Republican nomination for district
attorney for Grant county.
H. J. Mclnnls. Albany, candidate for
Republican nomination for representa
tive from Second representative district.
C. VS. Woodson. Heppner, candidate
for Republican nomination for repre
sentative from Twenty-second repre
sentative district.
David M.I Dunne. 40 North Seventeenth
street," Portland. Republican candidate
for delegate, to the national convention
from the Third congressional district.
Ben S. Fisher. Marshfieid. Republican,
candidate for nomination for district at
torney for Coos county.
J. W. Knowles, La Grande, Republi
can, candidate for nomination for circuit
judge of the Tenth Judicial district.
K. 8. Ivanhoe, La Grande Republican,
candidate for nomination for presiden
tial elector from the state at large.
The 'Wichita Sand Gravel company
of Portland has filed application : with
Percy A. Cupper, state engineer, fbjr
T-ermission to appropriate water from
Johnson creek for use in washing sand
and g'rayal near Oregon City.
Other applications for- water rights
have been filed as follows :
By H. vV. Bradley, Estacada, water
from a tributary of Clear creek for the
irrigation of a 20-acre tract in Clacka
mas county.
By Domingo Sabala of Denio, Harney
county, water from the North Fork of
Willow creek and springs for the irriga
t'on of 37 acres.
n 1 William fi Schnahel. Rockville.
water from a small spring for domestic
! use and the irrigation of a small tract
In Malheur county.
By Ella T. Hyde, Grants Pass, water
from an unnamed aprlng for the irriga
tion of a small tract in Josephine
crunty. '
By Henry iL. Corbett, Portland, water
from Jack creek for the irrigation of
40 acres in Jefferson county.
Man Wanted Is in Jail
Hnlem: April 1. E. A. Hearitt. alias C
H. Harris, who is wanted in Salem on
a charge of obtaining money under false
pretenses, is under arrest at Sidney,
Mont., under information from South
Dakota, where he is said to be wanted
It eehneetion with - a murder case, ac
cording to information reaching officials
here.
(Continued gram Past On.)
dent Wilson's uncompromising position
and in his letter to Gregory of San
Francisco, Just made public, the former
food administrator practically draws
himself away from what he calls the
president's "extreme view on participa
tion In European affairs."
This is even more clearly emphasised
in the letter written by Hoover in Paris
a year ago, which was "inadvertently"
made public 10 days ago.
JOHNSOX DUE TO LOSE
Hoover is neither Prsiden' W:'on's
choice nor --in the good graces of the
White House. He mid cuiu,nittvu the
unpardonable sin of differing with the
president on the peace treaty. He has
been, of course, supported by the-,lead-ing
administration newspapers and by
some influential administration meti.
But that support has ' not been of his
seeking.
Nevertheless there was keen gratifica
tion in White House quarters today be
cause of the fact that Herbert Hnnvxr
had entered himself in the Republican
primaries or California on the League
of Nations issue. This means he will
fight it out against Hiram Johnson, who
wants neither league nor treaty nor
reservation a
Politically this part of the Hoover
letter is the most important ; it means
that Hiram Johnson1 will probably lose
in his own home state. For under Cali
fornia laws anybody can vote In either
Republican or Democratic primaries
without regard to previous affiliations.
So Democrats can vote; for Hoover. A
combination of Democrats who favor
the league and Republicans who think
likewise is enough to defeat Hiram.
Johnson.
ASPIRANTS RELIEVED
Many of the supporters of avowed
Democratic nominees like Palmer and
McAdoo were glad Hoover had written
a letter saying he was "naturally affili
ated" with the Republicans. This re
moves their most dangerous competi
tion ; at least, they think he has been
removed.
But the most significant fact of the
whole business la what la happening
under the surface in both parties name
ly, a demand for Hoover irrespective
of party. Here is something that shows
which way the wind blows.
Several members of congress, who
have "been home' sounding out hlr
constituents, have come back to Wash
ington. A man who went to Tennessee
in the interest of the McAdoo candidacy
came back with the story that the Dem
ocrats want Hoover.
LEAGUE OPPOSES HOOVER
A man who went to California for
Hiram Johnson ii back with a confi
dential report that "it's all Hoover In
California."
A man who knows the situation to"
Minnesota and Is himself supporting an
other candidate, saya scores of newspa
pers are coming out for Hoover.
Only one returning observer--- mem
ber of congress, who looked into the
situation in North Dakota for his ow
candidate sys the Nan-partisan league
la against Hoover, - 1
The burden of the tiles brought back
la that the nation la ck and tired ef
the political maneuvering of both par
ties and that the etfefct of the fmnv
HOOVER ANDTHIRD PARTY
of the treaty : In the senate is to hold
I present officeholders responsible for be
. , - . ; ..... ,
i
HIGHWAY DEPARTMENT GETS BIG SUM
- v
Pav MTV
TO THW
,KTATE TREASITHEtt
SALEM,OHEOX
Factdmile of largest state warrant
Salem, April 1. The largest state
warrant ever drawn in the history of
Oregon, calling for the payment of
$1. 144.645.97 from the general fund to
the credit of the state highway de
partment, was issued by Sam A. Koser,
deputy secretary of nate, Friday. The
amount specified represents three
fourths of the motor vehicle registration
department receipts for 1820 licenses
up to March 15. on which date the
distrubution of the receipts is made ac
cording to the state law, one-fourth
ing guided by politics rather than the
national Interest.
That is something independent news
papres throughout the country have been
telling congress for many weeks, but
the. truth Is only now being' realized.
And the name of Herbert Hoover has
been seized upon as the one means of
expressing the resentment of the coun
try against both the Republican and
Democratic machines in the government.
The professional politicians in the Re
publican party are already ridiculing
Hoover's announced appeal for a liberal
platform and - progressive nominee at
the Republican convention. The Demo
cratic politicians have been- doing it
at the mention of Hoover's name for
their ticket.
This will not hurt Hoover's prestige
but help it, for the friends of Hoover
would like nothing better than a denun
I ciation of Hoover by the reactionary ele-
ments in both :the Democratic and Re-
publican parties, for they believe thts
i will not effect the rank and file who are
! ready to support a progressive leader.
' On the contrary, they are sure it will
! mean millions of Independent voters, no
matter on what ticket Hoover eventually.
makes the race.
New Company to
Operate Sawmill
On Fork of Lewis
Vancouver, Wash., April 1. Opera
tion of a sawmill on the north fork of
the Lewis river, employing aporoximate
ly 200 men, will begin as Boon as the
weather permits, as the result of the in
corporation of the North Fork Lumber
company, capitalized at $100,000. The
ground at the. mill is covered with snow
at present. '
The Incorporators of the new com-
i pany are N. E. Allen. C. W. Ryan and
T. F. Wall, and, with George McCoy
ana .1. ti. Harvey, comprise the board
of directors. All ' are Vancouver men.
Construction of a resaw mill at Wood
land later is planned. The north fork
i nilll has a -capacity of 700,000 feet of
lumber in eight hours.
Have
Kl - ..::...-::..:..... ' -x ' '
$ qg. kill, to:;1 , ,Cg KwrgftEg -fq
18 r k
f .1
Wc sell Walk-Over Shoes built upon more lasts
than any other make. The variety of shapes enables
us to fit every normal foot Come in and secure
your exact fit Remember to name of that model,
and you have your own last. Notice how reason
ably priced this stylish oxford is. tou can buy it
with or without that rubber heel, but that rubber
heel is so good that it bears the Walk-Over name.
t
OF TJIK . OErEttAI. PtlNB
drawn in history of Oregon, transferring motor vehicle liceifte funds col-
lected prior to March 15 to road funds.
to counties of the fctate in proportion
to their contributions to the fund, and
three-fourths to the credit of the state
highway department for the improve
ment and maintenance of highways!
Previous to this warrant the high
mark In the auditing department of
the secretary of state's ' office was
reached In a warrant for .$200,000
drawn in favor of the United States
government on May 3, 1812, in partial
payment on the Oregon City locks. On
Ociober 6, 1913, a warrant for $100,-
IS
FOR ARTISTIC PLAYING
By J. L. Wallln
For many years Jacques Tribaud.
French violinist, has been acclaimed
as one of the great artists in Europe
and Thursday night Portland had the
privilege of hearing him for the first
time. That he was known, to musicians
who keep in touch with doings outside
of their own sphere was Indicated by the
large number among those present. And
the patronage was altogether encourag
ing, although Thibaud should play to
capacity "houses. This he will do no
doubt should he elect to come this way
again. The reclptal waa at the" Hellig.
Thibaud Is a mature artist, reminding
one a great deal of Fritz Kreisler. es
pecially bo when he played the Krelsler
srrangement of. Pugnsni's Prelude and
Allegro, a work calling for whirlwind
finger and bow technique. It aroused the
audience to the high pitch of enthusiasm
that one felt must follow after the vio
linist had drawn the first few bows In
Lalo's Spanish symphony, which opened
the prorrRm.N
Thibaud's tone is light in color but
tremendously penetrating, of much vel
vety quality and soulful, snd hin
nuances are delightful. As an inter
preter he has few rivals, and no won
der that such eminent musicians aa
Pablo Casals, the cellist, aad others
have coached with him. In building pro
grams be selects the very cream of vio
lin literature. -Thursday night he chose
for encores works that most violtnists
would consider very excellent program
mHterial as, for Instance, Saint Sans'
"Hav-anaise." which he gave .for the
third encore after the Wientawsky"s
Polonaise, the final number on the
printed program.
Thibaud delights In drawing a lus
Yqttr Own
JACQUES
TH BAUD
APPLAUpED HEARTILY
.' " "' r - .--
7"he DEVON " ;
BOOT SHOP
342 Washington St.
and
125 Broadway
. SXx, em MAR 2fi 1920
TO TltK",6IlC OF
4-
J
000 was drawn by tne department in
favor- of the United States government
on the same account
During the years 1917 and 1918 a
total of I12.64S. 285.60 was disbursed by
the secretary of state's ofSece in 114,
982 warrants. T'hts amount will be ma
terially exceeded by the disbursements
of 1919 and 1920. which for the 15
month period to date totals Slt,s8,
980.35, a large portion of this amount
being derived from bond aales for high
way: construction.
cious tone on the G string and In doing
so raises the elbow of his bow arm to
a higher level han his shoulder. Teach
ers would not grant students such free
dom of action.
Works that appealed particularly,
aside from those already mentioned,
were "Intrada" by Desplanes-Niches
and the Rondo Capriccloso by Saint
Saens. More beautiful playing than the
andante of the Spanish symphony; and
"Intrada" has not been heard in Port
land. I
L. T. Orunberg was the very excellent
accompanist From here Thibaud, who'
appears under the direction of the Etli-son-White
Musical bureau, goes to
Boise. Idaho, and thence East. He has
already played 115 concerts on the pres
ent tour and Is booked for several In
France and England in May. After that
he Intends taking a much needed rest
before resuming teaching in Paris. The
past three years he has made New
York his headquarters.
Slabwood as Fuel
Is Held Cheapest
At Present Prices
Sslem, April 1. Slabwood at $6.60 per
cord is the cheapest -Ciiel availtthle at
current prices, according jto atuut of
heating qualities just complete at the
Btate hospital, here. This test, rhlch
Involved the evaporation of 1000 pounds
of water in the heating plant at the
hospital, shows the following results
with the various fuels used :
Coal at $7.50 per ton, 69 cents.
Blabwood at I&.60 per cord, -47 cents.
Second growth fir at $8 per cord, S3
cents.
Oil at $2.26 per barrel, ,85 cents.
Stewart Speaks for Bill
Albany. Or.. April 1. Representative
James S. Stewart of Corvallis delivered
an address in Albany Tuesday night
urging the passage of the 4 per cent
road bond limit bill.
Last
000
;3
MAY IN AUTO
Kansaa City, April 1. (I. N." S.
Armed bandits today held up mes
sengers carrying the payroll of Swfft
& Co.. packers, from the Drovers
National bank to the packinjj plant,
and escaped, with $15,840.
'The robbery took place on the' In-ter-Clty
viaduct, the bandits . hold
ing up . an automobile carrying the
messengers with the payroll.' ,
jrhe payroll was in charge of C. A.
McCabe and Fred Kaken. assistant tell
ers of the Drovers' bank, and- as the
money had not been delivered to Swift
& Co.. the loss falls upon the bank.
The holdup waa witnessed by nearly a
hundred pedestrians. A taxi carrying
the. bank messengers was forced to stop
to prevent a collision with another car.
This machine carried, the bandits three
in number. One forced the messengers
to throw up their hands with a sawed -off
shotgun, another removed the bags
containing the payroll . and the third,
at the wheel of the automobile, drove
the car at high speed when the holdup
was accomplished.
Women Denounce
Britain on Banners
Carried to Capitol
Washington. April l. (I. N. S.) A
score and more of .women, sympathisers
of Ireland, today marched up Pennsyl
vania avenue to the capltol bearing ban
ners and placards denouncing England.
.They declared they were going to pe
tition the senate to cable the British
government in protest against the
"massacres" In. Ireland.
Miss Amelia Rosser. one of the lead
ers, granddaughter of Thomas Rosser
of Virginia, i , Confederate general, de
clared today'f procession waa the begin
ning of a thr se-days' demonstration and
that the Bmtish embassy might be
picketed.
MESSENGERS
DASH
7Z ' ' I i .
TODAY
AND FRIDAY
D. W. GRIFFITH'S
Newest Master Drama of
Evil and Good Dark
ness and Light
Mil M 1
And Don't Overlook Thla
"GEE WHIZ"
It's the. Newest From
Mack Sennett's Incom
. parable Fun Factory.
Coming
Saturday
Norma
Talmadge
over a
i ' - V
"j1
folks do
Today
Every
and
One hundred nd "ninety
one women in Delineator
farrtilies are buying sewing
machines today -and every,.
day!" Among the whole.;,
million they are buying fif
teen thousand cans of tal
cum powder today! , For-'
rvn!rti tVirticonrl notrc nf-
stockings today ! One mil
lion and fourteen thousand
dollars' worth of food to
day! And these are 6nly a
few of the many articles for.
personal and household use
they buy everyday! Every,
one of them reads and is in
fluenced by the contents of
The
11
Delineator:
The Magazine In
One Milltbn Hornet
I i
U
"THE GREATEST QUESTION"
million
V
1