IE AGUE ACCUSED OF SEEKING TO CONTROL ILK ' Affidavits by way of return xn tbe ( order to show, cause why a perma nent injunction should not Issue against the various creameries and individuals cited in'the petition of the Oregon Dairymen's Cooperative league, were filed in the circuit court Tuesday by practically all of the de fendants. The matter was-passed by Circuit Judge Kavanaugh and a con ference was to be held during the day, between the parties at Interest to determine on a definite date for hearing. - -... r AFFIANTS AEF..5AMED One of the affidavits was signed by A M. Work. Charles Eckelman, F. W. Ilazlttt. F. M. White, J. O'Donnell, F. T. Wi'.cox, A. G Kendall, C. M. Gregory, F. I- O'Donnell, Clara Knecht and R. Jlfr. t i ; This affidavit denies conspiracy to cpue members of the league to break their contracts with the , league.; but ad mits that the defendants, as milk dis tributors, maintain a publicity head quarters in Portland, with Gregory in charge. It declares that the purpose of the advertisements of the milk: distrib utors wns to Rive the true facts of the milk business to the people and to coun teract the propaganda of the league. FRAUD IS ALLEGED i It charges that members of the league were fraudulently misled into becoming members -and- elfrning agreements to 'have the lcatrue handle their milk. . It also charges that the league's pur pose was to control the milk supply of l oruana lor me purin -j fixing the prices of dairy products, and that the efforts of the distributors have simply been to protect their own huBlneas, setting up the declaration that they have mOre than $750,000 invested. A separate affidavit is filed by Greg ory, In which among other declarations he avers that Alma V. Katas issued a call for a meeting June 18 to discuss the raise in the price of milk gto become ef fective in Portland , July 1, but that Katz i at this meeting - admitted condi tions In the country did hot Justify an advance on July 1. but it was necessary for him to pacify members of the league by announcing some slight advance at I VOICE STILL rpHREE-YEAR-OLD ; Roy . I. McElhaney, : whose life was s crushed out by a recklessly driven motor truck in charge of G. Oki, a Jap anese furniture , dealer Mon day afternoon. ', Witnesses said Oki could not stop with in 60 feet after ; striking - the child. -: - II CONFESSES ora 4' that .time. ZOLLEIT WILL IS FILifcD FOR PPfin TV- -KShTATR ! S20.000 The will of John Zoller, -w ho died in Portland August - 2,' was filed I for . pro bate Tuesday. The will is dated June 12 of this year, and Albrlcht Streiff Is named as executor. The estate consists 1 mmakjiv. In DmtlBn4 tn thA approximate value of $4000, and real es tate in Multnomah and Washington 'counties of the probable worth of $26, 000. Tho next of kin and heirs are the widow. .Mrs. Josephine Zoller. 1206 East Couch street, and three children, Anna, Helen and John Zoller. iff. ' t v, 1 ' ' - r '' t ' ' ' ' r NnHir Lrr' y THAT HE F RELEASED ON BAIL Following , a ; reported confession of George Mulr that hi had fort:e4 the indorsement of Aljx P. Dudley to four checks. Gus Schneider, father-in-law of the man who was cap tured I Monday after a! wild ; ! chase through the down townj street after j fleeing . from . the bank. Tuesday morning put up the necessary $1090 bond and obtained the jyoung 'man's liberty from Jail. , - . i Schneider is owner of jthe Kose,Clty dairy farm. He sajd hist daughter had met Mnir when he was a soldier at Van couver! barracks in 1919 and married him soon after his discharge fromj service. Muir had been drafted at his home, town. New Haven, Conn., Schneider said. Since the couple's return from a visit to New Haven on money advanced by Schneider, the father-in-law said Muir has done nothing, though he has had every op portunity to work into the; dairy business with him. . !' -, .L i-- -.1 Muir waived examination in muncipal court and was held to the grand jury. Cashed checks totaling $202.58 have been accounted for, according jto Lieu tenant: of Inspectors P. K Maloney. who said Muirad admitted reteponsibility for these. Two were cashed at the First National bank and two -on merchants. Burns detectives say the foregeries were clever.) They are now trying to connect Muir with other forgeries so :far not cleared up. . . h ! By a coincidence, Alex P. J?udley, whose i name- was forged on two checks which ! Muir was trying Ho cash when Teller Foreman Monday 1 called for his arrest J was in the bank at the very mo ment, talking to Vice President A. O, Jones about a previous forgery j of $10. George Mord Bound Over to Grand Jury For Having Liquor George Alford. a resident of Portland for nine months, was bound over 10 the federal grand tgr? Tuesday when he waa identified by federal prohibition agents as the man in t whose car they founds Intoxicating liquor , June 14 United States Commissioner : Irake or dered Alford held under $300 bail Al ford waa arrested at a: garage at 264 Davis street. r. . . Ziva Popovich and Mike Milimlnkow were bound over to the federal grand jury when they weived hearing before Commissioner urake on charges oi manufacturing' intoxicants. Bail was fixed at $500 ach. f s 1 1 FIRE RAGES SOUTH OF MOUNT HOOD (Continued From Page On) Divorce IIII Suits filed : ; Howard . W. ! Bascom .apainBt Beatrice ' Bascom, desertion : Cora p. Hamlttn against OedrgerT.' " JoHeph F. Slater asainst Wary A. Sla ter, desertion : Charles Crider asainst Millie Crlder, desertlan. t ;, - rTn.rrv Pih inrn an nf PortlandDead at Hospital in Albany Albany. Or... Aug. 17. Harry ifver ett Chipman- 63, . of .Portland, superin tendent forVthe Warren Construction company and representative of the local hospital!, following art-. operation. He and Mrs. - Chipman ': Arrived hpre three week ago, en rout to Newport, i when V the illness from wh1h Chipman had ; been suffering for many j years be came 'acute.. .; V,,.- He was born at Wetland. Canada. De cember 7, 1S37, but movecf to Buffalo, N. Y., when he was a year old. He had been a resident of Oregon for 35 years. Mrs. Chipman survives. Their " onljf -son was drowned near Albany four years ago. Chipman waa master me chanic on the Oregon Central railway, . now the Southern ' Pacific branch to Yaquina. from 1892 to 1899. j The funeral will be held here Thurs day and the body will be sent to Salem for burial. ! Dr. Lovejoy to Be ; Guest at Reception ; On Friday Evening i .V A ' I A reception for tr. Esther Pohl Love joy. Just returned from New York to take part In her campaign for election to congress, will he held at the South Port land home of Dr. Mae Cardwell, 182 Bancroft avenue, Friday evening, under the auspices of the Medical Women's club and, the reception will be public. Dr. Lovejoy will tell, "It is promised, of some of her overseas experiences. Solo .dancing on the lawn will be intersperced with musical numbers, including sorigs by Dr. Stuart McGuire and, piano seljjc tions by Miss Dorothy Cox. i . . ? Explosion Destroys Threshing Outfit ; Walla Walla. Wash., Aug. 17. A sta tionary threshing outfit on the Parker ranch. 10 , miles north of Prescptt. Wash., was destroyed by fire Monday as a result of a smut explosion, de bits the fact that it was electrically quipped to; guard against Such a ca tastrophe. The explosion blew one' of the members of the crew off a header box he was driving. Quick" work by the crew prevented the grain In the field from burning. The loss from the fire is estimated at $2000.' BABE CRUSHED TO DEATH BY AUTO r - tr - . Another baby life has been crushed out by ..the .wheels of traffic. Little Roy McElhaney, 3-year-old' son of Mrs. Bonnie" McElhaney, Parkview hotel,' 386 . Montgomery street, 'was struck and: fatally Injured at .Harri son and West Park streets Monday afternoon at 3 i4& o'clock by an auto mobile driven by G. Oki, 168 V4 Front street. Oki, a Japanese, operates a furniture store at 209 Second street. i The accident occurred when the child attempted to cross the street immedi ately in .front , of the car. according to tBie driver's -report. There were chil dren on ', the other Hide of the street. Oki claimed to have been . going only 12 miles an hour. Relatives declared, however, that the driver whirled around the corner with out -warning and that the youngster was struck unawares. - :pAn -emergency hospital ...doctor , was called. The child was taken to St. Vin cents hospital and died about 30 min utes later. The base of his skull was fractured and his chin badly bruised and one arm cut. , ' . t Oki was arrested, by Motorcycle Pa , trolman Stiles - and wag held , for $1000 ball on a charge of reckless driving, j The body -will be taken to. Bozeman. Mont., the family home, for burial, the party leaving Wednesday. Roy was a great avorite among all the residents of the Parkview district, ' and every dinner table Monday was saddened by the news ef the accident. : ' I Other relatives are: The father, W. 8. McElhaney j aunt. Mrs. J. W. Har rington. of the Northampton apart ments, and grandfather, R. C. Bates, of Three Forks. Mont., a visitor in the citv. ' When i Evelyn Mason, 6, attemptea to be first to board a streetcar with her mother- and : two sisters at Missis sippi and Killingsworth avenues Mon day night, she ran Into a. motorcycle ridden by.G. D. Heartwell. 119 East Lombard street, and was thrown to the pavement. Witnesses declare the mo torcycle s was moving slowly. She' was taken to the Good Samaritan hospital, where she was -found to be badly cut about the he&d and suffering from a possible i f racture-r of- the , skull. !! Hospital attendants reported Tuesday morning tfeat she had a fairly , good night, and hild out hopes ; for recovery.- The girl is the daughter of Mr. and Mrs. W. D. Mason, 3707 Seventy second street southeast. Ice Shortage Brings Joy to the Wood Man; Takes Off His Hat Harry Duff, he who idelivers ice, was unloading a few small pieces jit a down town market. Duff has surierea aunng the last few days and was not in tne most religious frame of mind. . A truck laden with about two coras of wood ranged alongside. Hey ! Ice Man, quotn tne wooa man. What Til." said Harry. I wants to lift me hat to you," from the driver of the fuel cart. "Now whatTy from the venaer oi cool ing Joy. . i - p - - : "There's a shortage in ice. : Albany1 Woman tq Wed Chehalis. Wash., Aug. 17. The Lewis county auditor Monday Issued a l mar riaee license to A. W.i Lewis of Seattle nii Theola Leverich of Albany, Or DR. LOVEJOY RAPS : HER OPPONENTS "I; wonder why my opponents were so eager to rush an interpreta tion of the law into the press when tbe fact that I had been nominated by the Prohibition party waa her alded to them?". Thus did Dr. Esther Pohl" LveJoy, Democratic candidate for congress, re ceive the news that the Prohibition nartv must be rehabilitated before It can place a. candidate in the field.' "It does seem odd to me . that they are so much concerned about these In1 dorsements, coming in , increasing vol ume dally." Dr. Lovejoy said. '"I shall not attempt to pass Upon the contention made, but I shall .expect to warrant the Prohibition vote as an ex ponent of prohibition.. By ' exactly. same token I shall expect to merit the indorsement of the newspaper, that dis approves the '. Democratic presidential candidate because they allege he Is a wet, and still campaigns .for a con gressman who is notoriously wet,' openly and avowedly. -.- i' "My own opinions on the issue are well known. Prohibition is the great est public health measure ever adopted by a nation. Rapid evolution will lead to the establishment of an economic de mocracy : practical education . woman suffrage: prohibition mental health measures. They work to gether against poverty, illiteracy. essary for "them' to make a great hub bub about the matter 7" - DRYS MIST LEGALIZE TO I i MAKE DOMINATION GOOD Salem. Auk. 17. -Before the congres sional nomination tendered Dr. Esther Pohl Lovejoy, Democratic candidate for congress, by the Prohibition party of the Third Oregon district, can be made ef fective the Prohibitionists must- rirst, re habilitate themselves as an organised party within that district, according to opinions expressed In state house circles today. This rehabilitation, according to Secretary, of State Koser, can only be accomplished at this stage of the game through, the filing of a petition contain ing signatures equivalent to 5 per cent of the total vote cast In that district at the last general election. The petition must be filed -with the secretary of state's office before September 7 or 55 days before the election date. Although the Prohibition party Is still a valid and subsisting party in the state of Oregon, according to an opinion ren dered bv Attorney General Brown under date of July 29. it Is not 'entitled to recognition as a oolitical party in the Third congressional district-In which it had no candidate for congress in . tne last general election, according to an opinion of the attorney general dated March 8, 1920. vice and disease. "I should like a know who is so concerned and "worried about this ad ditional nomination. Why is it nec- Mariano Fernandez . Must Pay $100 Fine Light Fantastic to Be Tripped "Friday By Press Club Men v Members of the Portland Press club with their friends will waits and fox tsot down the Willamette river Friday night on board floating palace Blue Bird. Captain William Souls announces that the capacity of th Blue Bird Is limited to 1000 passengers and news writers are.'asked . to make reservations In advance., j First Mate Fred White will leave the dog watch in charge of Lieutenant Com mander Saye while he sings "Asleep In the Deep" with encores.. There will be other music. No admission will be charged,- but club members are pre sumed - to present . their , membership tarda, . j The steamer, will leave the west end of Morrison streer briUge at t p. m. Stops will be, made ad Swan Island and other Way points. Itj la said that re freshments will be served. Man Lost 30 Hours In Forest . When Mariano Fernandea, arrested at 290 Everett street, regains : from the United States commissioner's court the money he posted as bail for his release pending trial, on a charge of manufae- these are fundaf turing intoxicants, he . will pay to the United States district court a $100 fine assessed against him Tuesday, v1 Judge Bean heard Fernandez" plea, of guilty and exacted the fine which; for want, of funds, cannot be paid . until , the - ball money is repaid. Is Found Salem, Or., Aug. 17. Richard Reiley of thi city spent 30 j hours .wandering alone through . the dense forests near Mehama ' without a bfte of food before he was located by si searching . party late Sunday evening. Reiley lost his way in the woods when he became sep arated from camping! companions. - Everett : Pa per Sold Seattle, Aug. 17. -ij N. SO The Ev erett Morning Tribune Is owned, today by the 'Post Land company, which pur chased It at a receiver's sale for $10, 750. .E. E. Beard of yancouver, Waslu, was the only other bidder. WARM WEATHER i PERIOD IS PAST, SAYS U.S. BUREAU Portland!s brief hot weather spell is over, j This welcome news was given out by T the weather i bureau. Tuesday morning when the official records confirmed the personal observation of all that a decided coolness had su perceded the relative torrldltj; of the previous week. Monday's "hottest" was at 3 p. m. when 81 degrees was recorded. 4:30 tho mercury had dropped sharply to 75 and It kept going down until 4 a, m. When It reached 67. The rise during the morning was grad ii a I n n1 a 11 r' r . 13 a rr ' . 1 Early pedestrians Tuesday were non plussed by the strange cooling "feel" of raindrops. Enthusiastic that the "dry spell" ; was about to be broken, they called on the weather bureau, only to discover that the rain was not rain at all.-. .-.; "It was i a high fog." said the fore caster. "We have no record of any riin fall. The drops you felt must have been a little mist from tb fog." "Fair and warmer" Is promised for Wednesday. No Indications of rain were seen anywhere in the Northwest. Tho cooler weather, however, should have the effect of retarding the forest fires though a heavy "drenching is required to extinguish them entirely. 1 4 control. Jt is burning over an i old bum ana aeairoyinp hu cnance oi reprouui: tion and making the land utter waste without artificial reforestation j methods. The Colville fire situation has im proved and Assistant Ddstrict! Forester Fred Ames, who has been pressed into service . fighting the. fire while on a mission of -looking over timber sales. has returned to Portland. While It is still hot and dry. said Ames, the fire is ' nretty 1 well under control, f- Most of the flames were of lightning origin and 14 started in one day. Crews at all the sawmills Ames visited were put jto work fighting forest fires. j j CONDITIONS IN SANTLfVM HELD RIPE FOR BAD FIRES Albany, Or., Aug. 17.-f-Althoug:h con ditions in the Santaim forest are ripe for bad fires, only one has reached, serious proportions at any time) this year, and none of the , 39 reported bas i been the cause etf serious damage, said O. A. Wan a, assistant- district forester, and C. C. : Hall, San tiam supervisor,; Who re turned, .Monday from ja week's trip through tho forest. They . visited the Duffy Prairie fire, the largest Of all. and report that the 18 men fighting this blaze have apparently controlled it.' just as it reached for the first time standing timber. j. : ! i A fire on Blue river covers 75 acres, but is still confined to an old burn, and will probably be curbed i immediately by a crew of eight men senit to fight It, the foresters report. Two smaller (and less serious fires are burning at Little Mead ows and in Jefferson park. They are ex pected to give little trouble, j I , 2 FOREST FIRES SWEEPING NORTHEASTERN WASHINGTON Spokane. Wash., Aug. 17. (Li N. S.) Two big forest fires are sweeping over Northeastern Washington at I Valley and Diamond lake today.- The flames have destroyed buildings at the Bluebird mine near I Valley and the lives of j many set tlers 'in that region, are endangered. At latest reports the settlers are fleeing. Twenty thousand dollars damage has been ; done near Diamond lake, where uncontrollable flames are sweeping to ward the great tracts : of saw timber Three new unchecked 'blazes i are ' also reported in the Selway .forest in North western Montana. ; ; .j . ' -f -. ' Company Head Resigns - Spokane. Wash., Aug. IT. After serv ing in command of Company K of Spo Vane of the Washington National Guard , Tor the last year. Captain George Doug las has tendered his resignation to Adju tant General Thompson. Miller & Tracey Adult Caskets $30 to $1000 Main 2691 578-85 S. P. Official Is Here To!Corif er on Oar ; Speeding Movement Conferring with passenger and freight officials and . interviewing ; shippers on ways of further speeding up car move ment and improving service, R. K. Kelly, representative of the executive depart ment of the Southern Pacific, is a Port land visitor. Kelly arrived Monday and spent most of the day conferring with John M. Scott, general passenger agent. Kelly says that the. public is cooperat ing remarkably well In the heavier load ing campaign, and that traffic officials are now endeavoring - to increase the daily mileage of cars from 24 to 30. Larger tonnage is being handled by the S. P. than ever before. , Mother Sinks Trying To Rescue Children Seattle, 1 Wash.; Auk. 17. (L N. a) In attempting to save her children, Bertram, . and John, 7; Mrs. Marie Gilaon, 31, lost her life in Lake Wash ington late .yesterday. A third boy. .Robert, and daughter, rather, were rescued by their father, who was um able to save hfe wife and two otiier sons. Neither the father; nor mother could swim. FOREST FIRES REPORTED j t TO BE UNDER CONTROL Roseburg. Aug. 17; The ' forest ' fires of the Cascade forest are all I completely under control. : The Diamond lake fire, next to the largest In the forest this sea son, , is being rapidly extinguished. The Red mountain fire 'on COw creek is com pletely out, and the forestry office has bo far had good luck in stopping all the fires before they got beyond - the rang ers' icontrol. This is credited largely to the air patrol service, j - pi Two Ivory Incense Camels Presented To Local Rotarians j j Symbolic of the gratitude of the Ar menian people for the kindness shown them by America and American organi zations, two Ivory incense Camels were presented to Estes " Snedecor, inter national president, and J. L. Wright, local president of the Rotary club, by H. O. Cartozian In behalf of his brother Pilos, who recently arrived; In Portland from the Near East. ' Presentation Was made at the Rotary noon luncheon Tues day. ' . '- 1 , Cartozlan told of the years of horror during the great war when thousands of Armenians were slain.1 - Hf told of the manner in which his older brother was saved and : introduced ; hint to the Rotarians- Cartozlan also exhibited three rare ruga which .his brother brought to America with htm. The rugs are mar velous examples of art and : contain the portraits of George Washington, Theo dore Roosevelt and the caar of Russia woven Into the center,;. j, , ! h, , i ' ui i 111 ' r,'" LuL V , A - Ji 2 :1- 11 !':!!!.'. W : -- ; "pi fetef f i i!ld iqJo JU rf. . J . I OW0SiMeatCempar. r:; '--MV-;. .'-.V;: " , ;- ." ; ;. ':'; I f "rliatch" the rest .of the furniture. i t. Receivership Suit Against C. Ppnzi Is i Started at Boston Boston. Aug. 17. IJ N.I S- Receiver ship proceedings against I Charles Ponzi and his S 15.000.000 get-rich-quick com pany began in the United States district court today before Judgej Morton.. The appointment of a temporary receiver is sought by Attorney John Crowley, chair man of the committee: named by State's Attorney General Allen to look after the interests of speculators in Ponzls notes. How manyibeds in really invite At Your Dealer's SIMMONS METAL BEDS ! Buitt for Sleep , i ' :l ' ' ! Your i choice of beautiful and authentic Designs, in j colorings to harmonize with I each of your bedrooms. I Twin Beds, Cribs, Day Beds and I Simmons Springh in every way worthy to go with Simmons Beds CONSIDERING how the aver age bed is selected it is a wonder people sleep so well as they do. There is the bed bought to "match" the rest , of the furniture. And the bed that "has always been in the family." And the metal bed bought for its sanitary quality or because "a cheap bed will do for the children. " Never a thought about sleep. So there are many people who never get wholly friar. Always just .a little disturbed by rattle creak or feeling of unsteadiness. Never com pletely rested, 'Go to your dealer's store and .see the Beds Built for Sleep! These fine Simmons Beds, four square, firm, noiseless inviting re' laxation and deep, sound sleep. 1 The "SHERATON" Viga 1967 in Twin Pair your home Beds for your cnildren and guests, as well as. yourself. Twin Beds, by all means in the interest I of undisturbed rest and perfect health. THE SHERATON" Design 197 In Twin Pair Dettiatd in the Caett spirit el thtt woa' derml period ef wkieh Saeratea waa tbe ekaewledged leader. Sinaeas new Square i Steel Tebiaf; eeeile. saaootb. , ; besetlfn'ly eaaaieled ia the aeeepted deeeratfra eelora. Siaeieaa pateated prerted steal mitUa Ctrmtr Lk. Easy i rellief Meters. Year ebeiee oi Twia Pair ead Demhle Width, Specially pfeasiaf ia Tmtmfttr, h If ypurj dealer does not show you the Simmons line, you needonly write to ns. We will see that they are shown to you. Free Booklets on Steep Write us or "What Leading Medical Journals and Health Magazines Say about' Separate Beds . and Sound Sleep" and "Yours for a Perfect Night's Rest." - , ! " i-: '. ' ; SIMMONS COMPANY , ELIZABETH - ATLANTA KENOSHA SAN FRANCISCO - - ' 'Eftocutio. Offices l KenoehaJ Wis.) MONTREAL L- " V V - ... . ... r ; : ; - ; "-Muiltjor Sleep ; ";.'; , ' : .