THE OREGON DAILY JOURNAL, PORTLAND, OREGON
FRIDAY, JULY 1, 191.
EXTENSION GIF
OF TERWILLIGER
BOULEVARD MADE
Donation of a right, of way to the
eity and county for tp? extension of
Terwiiliger boulevardso it ultimate
ly will Join the Iron Mountain boule
vard at Dunthorpe, was offered this
morning; by F. L. Shull In behalf of
he Palatine Acres company.
The donation extends for three-quarters
of a mile and a width of 150 feet
from a point Just south of the Boone's
Perry road southerly along the west
lope of Palatine bill to within a short
distance of the Clackamas county line.
It is the first important gift under the
Campaign suggested by the city plan
ning commission of "making 1921 s
year of gifts to Portland."
OTHER GIFTS COMIX G
The offer was accompanied by a
strong recommendation that the city
planning commission accept the dona
tion as an important link in the city's
needed boulevard and traffic street
system. It is understood that a con
siderable number of gifts of a similar
nature are being planned and that
deeds are even now being prepared for
transfer of right-of-way property to the
eity and county.
In detailing the importance of the
gift, Charles H. Cheney, consultant
engineer for the city planning commis
sion, explained that Terwiiliger boule-
' vard now extends from the city limits
to the Capitol highway; and that from
that point south it is planned eventual
ly to extend it along the ridge all the
Way to Oswego lake.
OFFER IS MADE
Last year, Cheney said, a formal
offer was made for the extension of
the highway, from Fulton Park to the
Taylor's Ferry road, and the land do
nated by the Palatine company extends
. to within half a mile of the latter con
junction. From the other end of the
Palatine donation it Would be only a
few hundred feet to Dunthorpe and the
Iron Mountain boulevard.
,oJra F- POwers, vice president of the
Commission, has recommended that the
county commissioners accept the offer,
and says that the proposed route has
been surveyed and found to average
less than 3 and not greater than 5 per
cent grade.
DR. MORRISON INS
VERDICTJN LAWSUIT
( Continued Tram Pas One)
thought the property was worth the
126.000 asked for it. The property was
in good condition then. In 1915 Bishop
Sumner took office, and be decided that
it was was not worth that much.
PRECEPTS ABSEST
"This is an appeal from Bishop Scad
ding, dead. to Bishop Sumner,
alive," Gatens declared,. "Dr. Morrison
acted as an honest man would," he
stated as hip conclusion from the evi
dence. ;
"The practical application of Chris
tian precepts have been noticeably ab
sent in this case, instituted by the rep
resentatives of one of the most power
ful churches in the world." he said.
The decision follows:
, g commenting on the decision after
the reading by Judge Gatens, Charles E.
Cochran of counsel for the defense made
the following statement:
EXPECTS REVERSAL
"We axe going to appeal to the su
preme court for our justice and since the
learned judge has seen fit to comment
on the quality of Christianity practiced
by all parties connected with the case,
it is sufficient to say that we do not
take our religion from such a source. I
may add that in my opinion Judge
Gatens' decision will be reversed on ap
peal, which' will be taken promptly."
The opinion was as follows:
. In 1908 the defendant was one of the
trustees of the' plaintiff board and sold
to the , plaintiff 100. acres of land in
Yamhill county for the sum of $25,000.
The plaintiff claims that defendant made
, a profit in the sale of the land to the
You Know You Can Pay
$10 Monthly
(As Before the War)
For This $525 New Piano
When We Now Sell tt to You
17 4QQC$15 Sends It Home
$6.00, $8.00 and $10.00 Monthly
Buy. Used $75, $19S, $295 to $395 Pssnoe
$10.00, $12.00 and $15.00 Monthly
Buy. $355, $495, $545, $595 Pkyers
lowcan snore to pay $15 cash. $. $8 and
nis r " " wsary saie. -
organ.
or city lot
101-JOt Teats SU
Schwan
board, which he should not in good eon
science be permitted to retain.
INDORSED BT SC ADDING
Prior to and fan 1918 the then board of
school trustees were looking for a Site
for the purpose of reopening Bishop Scott
academy. They desired to locate the
school away from the city and Bishop
Standing had requested his co-trustees
and others to keep a lookout for such a
Piece.
The defendant's attention was called to
the 1015-acre farm of Mr. Bland Her
ring in Yamhill county. Dr. Morrison
proposed to Mr. Herring that he sell to
the board 100 acres of his farm upon
which were located valuable improve
ments. Mr. Herring refused, for the rea
son that he would sell either the whole
farm or none at all.
During the early spring of 1908, be
fore leaving for Europe, Bishop Scad
ding visited the property and was much
impressed with its beauty and its ap
parent availability as a school site.
CONTRACT MADE
There is evidence tending to show that
he became enthusiastic regarding it, and
piror to his departure for Europe di
rected some of the trustees to secure the
same. Accordingly, on June 23, 1908.
the board entered into a contract with
Streeter a Morgan for the purchase of
the hundred acres of the 1 Ola-acre tract
upon which were located three large
barns, four small barns, one gristmill,
a modern 14-room dwetlina house, an
electric power plant with dynamo and
full equipment for eleetric lighting, in
cluding a targe gasoline engine, an ade
quate sewer and water system, a con
crete dam with necessary piping, a
blacksmith shop and other improve
ments, together with a 12-year-old Eng
lish walnut orchard of about 20 acres,
and an orchard of assorted fruits, for
the sum of 925.000.
TRACT TAXES' OYER
The defendant then organised, to
gether with E. E. Morgan, the Walnut
Grove company, which took over the
entire tract of 1015 acres, paying there
for the sum of $40,000. It then sold
and conveyed to the plaintiff the said
hundred acre tract for the sum of $25,
000. It is contended by plaintiff that
the defendant withheld the fact that he
had any personal interest in the sale of
tnts iana to uie Board. There is no evi
dence to support this contention. On
the contrary, all of the trustees testi
fied that they bad some information to
tne eiiect uiat Dr. Morrison had some
personal interest in the sale of this
land, with the exceDtion of Mr. Ganone.
who was advised of same within a short
time after his return from the Orient.
The testimony shows that Bishop
Scadding said that the property was
worth $25,000 and to go ahead and buy
it. Bev. P. K. Hammond, one of the
trustees, testified that the first infor
mation be had as to the exact amount
paid by Dr. Morrison and his associate
for this land came from Bishop Scad
ding, who informed him that Dr. Mor
rison And associates had paid $40,000
for the property.
FOltOWS ADVICE
The board of trustees followed the
advice and wishes of Bishop Scadding
in the procurement of this property, he
being the head of the church and more
interested than anyone else in carrying
out the purpose of the, trust. Bishop
Scadding is dead ; and for 13 years no
one has questioned the good faith of the
trustees who, in 1908, procured this
property at his instance and request, or
Dr. Morrison's connection therewith.
It is contended by the defendant that
the present board of trustees at the
behest of Bishop Sumner directed this
suit to be brought for the purpose of
humiliating and degrading him la the
eyes of his parishoners and the public
generally.
On March 20, 1918, the present board
of. trustees adopted the following reso
lution :
Resolved, That this committee recom
mend to the bishop of the diocese that
he submit the conclusions of counsel to
Dr. Morrison for his consideration, and
in the event that Dr. Morrison falls with
in a reasonable length of time to make
reparation in a manner satisfactory to
( the bishop, then legal proceedings to re
cover damages snouw be instituted and
prosecuted vigorously."
BISHOP PLEASED
i From this resolution it is apparent
that Bishop Sumner was made the sole
judge as to what reparation should be
demanded Of defendant in order to pre
vent the institution of legal proceedings
against him. At the time this property
was acquired. Bishop Scadding was
more than pleased with it, and was
anxious to secure the same. It seems
to be a difference of opinion between
Bishop Sumner and Bishop Scadding as
to the desirability and value of the land
for school purposes. In 1908, when this
property was purchased by the board, it
was in excellent condition. It had been
well cared for, and undoubtedly present
ed a most beautiful appearance. When
Bishop Sumner viewed the property in
1915 it had been sadly neglected and
presented an entirely different appear
ance. Bishop Scadding had voiced the
opinion that the property was worth
$25,000. Bishop Sumner does not think
that the property is worth what was
paid for it, and the present board of
trustees has delegated to him the sole
power to say what reparation, if any.
Dr. Morrison shall make in order to
satisfy, not the board, but Bishop Sum
ner. This is an appeal from Bishop
Scadding, dead, to Bishop Sumner,
alive. The board of trustees in 1908
and 1917 deferred to the wishes of the
bishop, as head of the church, and a
court of equity should not lend its aid
$10 monthly. You can
afford
Tour
rears in the Plane
taken as
payment
Piano Go. -jSE
that the
of Bishop Sumner are superior
: of Bishop Scaddina. The evi
dence is conflicting as to whether the
wopsrty is worth the sum paid for it.
BO CHRISTIAN PRECEPTS
There is no evidence in the case to
show that Dr. Morrison acted in a secre
tive manner as to his interest, or fraud
ulently withheld from the board or any
other person Information as to his real
interest in the land, or misused the trust
fund of the plaintiff to his own personal
benefit. Had Dr. Morrison and his as
sociate purchased the 1015 acres for $25,-
ow ana sold tne lw-acre tract lor me
same sum to the board, an entirely dif
ferent situation would have arisen : but
such is not the case. .There is no evi
dence to show that Dr. Morrison acted
other than any honest man would have
acted under all the circumstances and
conditions.
During the concluding arguments of
this trial, counsel for the respective
parties quoted Holy Writ, applying same
to their respective opponents. All the
parties to this suit profess Christianity;
they are officials of one of the most in
fluential churches in the Christian
world th Protestant Episcopal church
teaching brotherly love, humility, and
charity toward all. The practical ap
plication of these Christian precepts
have been noticeably absent in this case
CITES HEATHEN'S PRECEPTS
The court commends to some of these
Christian gentlemen the words of one
who has often been referred to as a
heathen Confucius, who was born -500
years before the time of Christ, as their
future guide. This heathen said: "A
heart set on love will do no wrong."
Again he said : "To breed no wrong in
the state and breed no wrong in the
home : not to do unto others what we
would not they should do onto us."
Speaking of Tsu-Ch'an. he said, "His
own life was modest; he honored the
man whom he served; he was kind in
rearing the people; he was Just in his
callings upon them.' And, again, this
heathen said, "There are three duties
which a gentleman prises: To banish
from his bearing violence and levity ;
to sort his face to the truth; to purge
his speech of the low and unfair."
If some of the parties here had fol
lowed the precepts of this heathen, and
had entered Into the consideration of
their apparent troubles with a "heart
set on love" and bad been "just in their
callings" upon others, this case would
never have been brought into court, and
much of the ill will now apparent among
the parties as well as lay members of
this good church would have been avoid
ed. They would have been following as
well the teachings of Jesus Christ. Some
of the parties have failed to practice
that which they have been preaching,
and in this case have been laughing the
teachings of Jesus Christ to scorn ; and
as the Christian people throughout the
world spend millions of dollars annually
to Christianise the followers of this
heathen, Confucius, in conclusion permit
the court to say : Go thou to the heathen
and learn Christianity.
HUNDREDS OF FAIR
SEX TO SEE FIGHT
(Continued Tram Pace Ons)
out and $5000 even that Dempsey Will
win in the fifth by knockout.
Several houses reported having Car-
pentier money, odds of 1 to 3 being de
manded. It was said that Dempsey
backers were holding out for J to L
The last move of the reform league
to stop the fight will come today when
its complaint will be presented to the
Hudson county grand jury. Promoter
Rickard was not worrying this morning
and indicated it as his belief fhat the
grand jury will not take any action.
The Hudson county prosecutor has
stated that he will not make any recom
mendation in the matter, but will simply
file the complaint with the grand jury.
SOCIETY Vf ILL BE OUT .
Governor Edwards has handed down
his last word which was to the effect
that there will be no interference with
the fight.
Rickard's office has issued a list of the
box holders at tomorrow's event. It in
cludes names of men prominent In the
world of finance, noted actors and act
resses, writers, society leaders, state
and federal officials
From the advance ticket sale it is
known that at least 5000 women will
be among the spectators. It is believed
that there will actually be several
times that many. Miss Anne , Morgan,
Mrs. Harry Payne Whitney and Mrs.
Nicholas Long-worth (formerly Alice
Roosevelt) are some of the leaders in
the feminine world who will be present
J. Pierpont Morgan. Percy Rockefel
ler, Harry Payne Whitney, Attorney
General Daugherty, Assistant Secretary
of the Navy Roosevelt, Mayor William
Thompson of Chicago, Governor Ed
wards of New Jersey and United States
Senator Shortridge are some of the
noted figures whp have engaged reser
vations. EX-CHAMPS SCARCE
The fistic world will be well repre
sented. Virtually every present-day
champion, with the exception of Benny
Leonard, will be on hand as a guest
of Promoter Rickard. Leonard's ab
sence is due to the fact that he de
fends his title July 4 in Benton Har
bor. Mich.
Of the past heavyweight champions.
James J. Corbett probably will be the
only representative. He will be at the
ringside to report the battle for the
International News, Service. He was
also invited to be s guest of the pro
moter, as were an other past cham
pions. Jeffries declined, as he could not find
time to make the trip.
WUlard also replied that he was too
engrossed with business affairs.
Jack Johnson wanted to come, but
his sentence in the Leavenworth fed
eral prison has not yet expired and the
attorney general refused to take any
action to bring about his release ahead
of time
TO FLASH SEWS
The stage probably will have the
largest representation of any class out
side of the newspaper profession.
Douglas Fairbanks is heeding a big
crowd coming from the motion picture
studios of Southern California. Charlie
Chaplin will be among those present.
The New York colony of thespians
will move on Jersey City almost en
Rickard set aside 700 tickets for active
working newspaper men. There prob
ably will be that many more, also active
ly working, who bought tickets when
they found out the free supply had run
out. Wires at the ringside will flash
the results all over the globe. The cable
companies have arranged to put fight
flashes ahead of everything else and the
result of the fight will be known in
London "and Paris one minute after' the
battle is over and in other parts of the
globe almost as quickly.
About 700 ushers have been employed
to guide the ticket holders. These ush
ers were assembled in the Jersey City
hall last night and given their final In
structions on how to act. A jam is ex
pected at the gates, as ft is known that
hundreds of spurious tickets have been
circulated. Rickard has advised every
one who is in doubt about the ticket
they hold to present it at Madison Square
Garden today and officials there will
examine and advise whether it is genuine.
The engravers who made the genuine
tickets win be on duty at the arena
and whenever two tickets are presented
for the same seat they will be called
upon to determine which is genuine.
A "dead line" will be drawn four
blocks around the arena early tomorrow
morning and no one win be passed in
side of that line without a ticket . The
admission gates will be thrown
at 9 odook. Rickard hopes In that
way to get a great many seated before
CHY HILL HOP
BERRY GROWERS
MARKET BIG CROP
The city council and Market Mas
ter Eastman are to cooperate with
the berry growers in territory adja
cent to Portland for putting crops
on the local market without the aid
of the middleman. The purpose is
to aid the berry growers in saving
their crops and encouraging house
wives to do extensive canning while
sugar is at a low price and berries
are plentiful.
ITis planned to open Yamhill street
between Front and First streets as as
exclusive berry market.
COOPERATION" PROMISED
The matter was brought before the
council this morning by the agricultural
committee of the Chamber of Commerce
and E. E. Toul of the Gresham Coopera
tive Berry Growers' association. The
spokesman for the chamber committee
was Judge George E. Staple ton.
The committee asked that the eity pro
vide a special marketing place and that
it encourage the banks to aid the pack
ing plants in handling berries.
Members of the council assured the
committee of their desire to aid in the
plan, but declared they would require
positive assurance that a berry supply
would be available to guard against
such a fiasco aa was created in connec
tion with the Hubbard strawberry grow
ers' proposed marketing.
PRICES' FIXED
Assurance was given by Toul that the
association would supply all the berries
that could be used. Later, in conference
with Market Master Eastman, the fol
lowing schedule of prices was agreed
upon : Raspberries, $1.35 a crate ; black
caps, $1.50; loganberries. $1.10, and
blackberries, $1.10.
It was stated that these berries will
net be available for sale at the new
market place before next Tuesday.
CURB MAY BE CUT BACK TO
ASSIST TRAFFIC MOVEMENT
As one means to aid the more speedy
movement of traffic the city engineer
will cause a survey to be made at Sec
ond and Madison streets to determine if
it is practicable to cut back the curb
on the south side of the street to allow
the passage of automobiles toward the
bridge when street cars are turning onto
Second street. - At present the swine of
the street cars prevents passage of other
J vehicles until the turn is completed.
TRUCK DRIVERS DISOBEY
LAW, COUNCIL IS INFORMED
City Commissioner Mann called atten
tion of the eity commissioners this morn
ing to the fact that no attempt is being
made by motor truck drivers to comply
with provisions of the state law requir
ing that their trucks shall be equipped
with mirrors to give a rear view, and it
was declared that steps will be taken to
see that this is strictly enforced.
Several recent accidents, it is said,
would have been avoidable had such
equipment been carried, one of which
was the wrecking of a large street clock.
New Bus Rule Adopted
An ordinance regulating the loads that
may oe carried ny lor nire cars was
passed by the city council this morning
oh recommendation of Commissioner
Mann. This provides that not more than
two persons besides the driver may oc
cupy the front seat in automobiles with
bus bodies and not more than one per
son beside the driver in touring can.
Fight Planned for Kerby
Yakima. Wash., July L A petition for
a rehearing In the case of Elvie Kerby,
Wapato youth sentenced to die for his
share of the murder of Sheriff Til Tay
lor of Umatilla county, will be filed, ac
cording to Kerby's attorney, C. F. Bolin
Of Toppenish.
Positively
get in at
ana n:ia r.
lure Players
NEW
SHOW
The first issue
showing scenes
and edited by
Driver Whose Auto
Ban Down 3 Persons
Is Still at Large
Traffic patrolmen and city detectives
have been unable to find any trace of
the unidentified driver of an automobile
which ran down three pedestrians
Thursday night at 11 o'clock on Eighty
second street near Seventy-third avenue.
The victims were thrown to the ground
and momentarily stunned. No one got
a description of the driver or the num
ber of the automobile.
Miss Ha Gee, 17 years old, suffered
severe shock and bad eats and bruises.
She was first treated at the emergency
hospital and later removed to the home
of her sister. Mrs. O. J. Celorle, 8054
Sixty-third avenue, who was herself
badly bruised. Philip Drake. 21, $024
Eighty-ninth street, was cut about the
back, legs- and head.
The three were walking along a strip
of dirt road beside the pavement, when
the automobile ran VP behind them and
struck them down without warning, ac
cording to reports made at police head
quarters. Witnesses stated this morning that
there was ample room for the automo
bile to pass without striking the pedes
trians, who were entirety off the paved
section of the road.
S. P. Co. Employes
Load Swan to Limit
Many employes of the Southern Pa
cific Railway company who had intended
to Join the dancing excursion of a P.
employes aboard' the barge Swan
Wednesday evening, were unable to Join
the party because of the crowd which
attended. The maximum accommodation
of 650 people was reached long before
the vessel was scheduled to depart. The
excursion was held to obtain funds for
the formation of an employes' dub. A
mass meeting of employes will be held
soon so that an organisation may be
perfected.
Boiling Log Kills Boy
While at Play in Surf
Seaside, Or., July 1. Robert Taylor.
6-year-old son of Mr. and Mrs. Leslie
Taylor of Port tend, was killed Thursday
while bathing in the surf at Sunset
beach. A log, on which he was playing,
rolled over him, crushing his body.
the moot unique film von have v
the start 11 A. M, 12:30, 2:15, 4i00,
M. If. a Paramount and
will play a special score.
ADDED ATTRACTION
I BostmGarter I
gaBB! " ' 1 11 JS1 !
(to
LLLj
SCREENLAND
of
of
Zach
J. You'll get
MAN HURT IN AUTO
WRECK RECOVERING
Nurses at St. Vincents
hospi
re-
ported this -morning that G
Trost Jr. of San Francisco, w
badly injured Thursday afternoon
when an automobile he was driving
ran over an embankment near Scap
poose "on the lower Columbia high
way, killing one passenger, was im
proving slowly and had a good
chance to recover. Trost was crushed
about the chest and has internal in
juries. An operation perfi
Thursday night was successful,
nurses stated.
Mrs. Gusto v A Trost Sr., his mother,
is also at St. Vincents with slight lacer
ations and bruises. She was much bet
ter this morning. The body of Mrs
Clara Kremm Trost, 30 yean oik. wife
Of Carl Trost, and a sister-in -lawof the
Injured man, will be taken to San Fran
cisco, it was announced.
Mrs. Clara Trost was fatally injured
when the automobile skidded over the
embankment pinning the five occupants
to the ground. She was placed in a
ing truck and rushed to Portland but
died before she reached a hospital.
' Dr. Karl Smith; county cor oner, an
nounced that the coroner of Columbia
county, where the accident oocured, said
no inquest would be held, since there
appears to be no criminal negligence
entering into the accident
Two other brothers, Carl, the husband
of the woman who 'was killed, and Ar
thur Trost escaped without injury. The
party of five were motoring from Brit
ish Columbia to California Gustavo A
Trost Jr. is the manager of Fleisch
hacker Co, a paper box manufacturing
firm. .
Lime Shipments to
Be Made Available
Oregon is again prepared to supply its
agricultural Interests with lime, accord
ing to a message received this morning
by the department of domestic com
merce of the Chamber of Commerce from
A. B. Condley, secretary of the Oregon
state lime board. Condley says that the
board's plant at Gold Bill is again in
operation and that lime is now available
for immediate shipment
5:45, 7:30
id the Pic-
NEW
SHOW
NEWS
e in Oregon,
by Sandy's
a kick out of it!
lU8
am i
Bobby Evans of the
Boxing Commission
Accused of Larceny
Bobby Evans, matchmaker for the
Portland boxing commies ton, and Bert
Hughes, formerly of some local note aa
a boxer, were arrested this afternoon
on complaint of Mrs. C. C. Culp of 1$0
Hoy t street, en charges of larceny. Fed
eral authorities have been notified also
to investigate reported fraudulent use of
the mails.
Mra Culp alleged that she had pawned
a valuable diamond rina in Seattle.
Some one stole the pawn ticket, she
said, and when she undertook to redeem
ie ring, the pawnbroker told her it had
ready been redeemed by G. T. Cum-
minga Cummings lives st the same
boarding bouse as does Mra Culp. Po
lice questioned Cummings and found
him innocent, but also discovered clues
that led to the arrest of Evans and
Hughes.
Police said that Hughes had con
fessed to stealing the ticket and turn
ing it over to Evans, who, according, to
the charges, forged Cummings' name to
a letter and sent for the ring. It is also
alleged that he signed Cummings' name ;
to tne registered letter receipt wnea tne
ring was received from Seattle.
CHARLES
Last Times Todays KM
JACKIE COOGAN I
I 55Sa!!!::5a!! "PECK'S BAD BOY" I
11 THE GREATEST OF ALL k jlfj
J SATURDAY EVENING POST YARNS ffm
HAY
.'Scrap
m
A laugh, a thrill or a
mob in ivut mnmant
of Charles E. Van
Loan's great boxing
story.
A First Ifatieaal
AttraetloB
1. Cosert m
Tomorrow
SATURDAY O.IC
EVENING O. 10
FOB EIGHT BATS
Witt Two Shew Daily
Thereafter at It IS
and 8: li P.M.
"Hew Sharper
Than a Serpent
Teeth Is to
Bare a
Thankless
Child."
'fcr. ijMpejSBPv ifc4fmm mm m
mm mm
THE PREMIERE PRESENTATION OF THE
WORLD'S GREATEST SCREEN CLASSIC IN
NORTHWEST
WILLIAM
OVER
ADAPTED FOR THE SCREEN FROM WILL
CARLE-TON'S FAMOUS "FARM BALLADS"
THE BRIGHTEST SPOT
YEAR NOW IN ITS 40th WEEK
IN NEW YORK CITY
GET YOUR
RESERVED
SEATS
NOW!
HEILIG
to Newport Is
Newport, Or July 1 Although
rates la this section have made the
muddy in spots, motorists with
need have no fear and with 4
summer weather the roads will be
oughly dried.
iroB
-
houUl
nu
ONE-gJVIN 1
O efl
UcidaieaesrY
r- H
STARTING l
SATURDAY
FOX Presents
IhS. nsnnsnQsnl
ismA tm mm
w ' mm
Mr M
mmm
I
THF fl
M. A J.JLl 11
HILL
OF THE THEATRH
50c, 77c
THEA'
BBOADWAT AT TATl
the big rush begins Pout noon.
FHOSE ails I