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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Sept. 7, 1921)
WEDNESDAY. SEPTEMBER ! 7, 1921. THE OREGON. DAILY JOURNAL PORTLAND. OREGON lilRISDICTION IN CHEMAWA MURDER CASE IS AT ISSUE John H. Caraon of Salem, district at torney for -Marion; county, arrived in Portland thia afternoon to hold a con ference with United States Attorney Lester W. Humphrey, when It .will be leclded whether the state of Oregon or .he government will prosecute Mrs. Alma WurUbarger for killing her husband last 8 on Any morning1 on the Chemawa Indian school grounds. v. Considerable Interest has been aroused among local attorneys and varying opin ions have been expressed as to which court has the right to hear the case. Some attorneys believe that as the crime was committed on federal property that Mrs. Wurtibarger will have to be tried In federal court, while others believe that In this case Mrs. Wurtzbarger is answerable to the state courts1 only, as only whits persons were Involved. STATE JCRISDICTIOX CLAIMED A a1tant United States Attorney John Tuesday and talked over the long dis tance telephone to Carson this morning, expressed the opinion that the case properly belongs in the state courts. "There are two kinds of federal prop esty, Veatch explained. "Property such as Indian reservations comes . in one clans and property such as ' forts, bar racks, etc., go In another. Any crime committed on the later always goes to the federal court, but in the first class it does not necessarily come to the fed eral court if, no wards of the government are involved. I have failed to find any act of congress whereby the Chemawa grounds were taken over by the govern ment, so I believe that Qhemawa occu pies the same position as any of the regular Indian reservations. If this is the case, then the state authorities have power to prosecute." GOVERNMENT BITS LAND Reports from Salem state that the land was sold to the government by the state I iv 1185. Before Carson announced he Percy Campbell, Are You Guilty?. Phillus Says So .i J .... r -v Members -of the city council and spectators at today's session got a lot of ! amusement out of the reading of :a letter " signed by "PhflJus PhuiL 452 Tenth street, relating the agonies inflicted on various and sun dry! Persons, and- the writer in par ticular, by the saxophone playing of one ! Percy Campbell. After detailing" the afflictions, the writer says have been suffered by the player's insistent ubc of "that in strument of the devil, the saxophone," it is suggested that the city take the old "castle," fit it up into small sound-proof rooms and rent it out at nominal cost to musicians for their practice hours. The communication was filed. , PEABODY FREED; FORGERY CHARGE with merchants and bills due . automo bile supply house ; f - Tom N. Klckles. residing at the Hotel Rector, also filed .& .voluntary petition in bankruptcy, giving his liabilities as $597.55, .with " no : assets- The petition states he is unemployed. ers petulantly In much the same manner whiA has characterised him whenever questioners have touched too persistently on the things he "can t remember. Fireworks impended for a moment when! one of the attorneys for the de fense t observed that Joseph L. Ham mersly, assistant district attorney -of Multnomah county, had been imported to take charge of the prosecution. That's a lie," retorted District At torney Neuner promptly. D0E8XT LIKE EPITHET The defense attorney said he didn't like being called a liar In open court. and Judge Bingham administered a re proof to Neuner. Hammersly was actually retained to assist; Mr. Neuner in the prosecution. The district attorney rested his argu ment against a change of venue on the contention that, such feeling as exists in the Brumfield case, is directed against the crime rather than the alleged perpetrator.. "The people of Douglas county demand only fair play," he said. "I have exam ined 'all the newspaper clippings, and have found nothing to indicate a crystal lization of sentiment against the defend ant. The only prejudice is against the atrocious crime with which he is charged." 8TARMER DENIES STATEMENT IS DISMISSED Jerrod Peabody, son of C- E. Pea- body, president of the jPuget . Sound Navigation company and director of the federal reserve bank of Seattle, who was arrested last week on a charge of forg ery, was discharged s today by Acting Presiding Judge "Morrow ' upon request of Gus Kuhn of the Lion Clothing com pany, where the check had been cashed. Peabody was taken into custody last week following the cashing of a check for $198 at the Lion Clothing store. It was charged that the young man had picked up a check made out to A. u. Carpenter and that he had forged an indorsement and exchanged the check at the clothing store where he purchased a suit and a hat. ' Kuhn informed John Driscoll. deputy district attorney, that the . amount in volved had been settled by a Seattle newspaper man and that he preferred not to prosecute Peabody. - Although the Peabody. family -w re puted to be wealthy I this scion of the Seattle family has long had the ivij(& spirit and has been making ale own -Aay in the world. Since his arrest his brotn ers have been making an e.ffort to obtain a settlement ' FOCR CH IX AM EX ARRESTED HT : T05G WAR RELEASED OX BOND Four Chinamen who axe under indict ment on charges of murder In the first degree and assault with intent to . kill. in connection with the 'Hop Sing-Suey Sing war in Portland were released from the county jail Tuesday afternoon on order of Presiding . Circuit Judge. Mor row on (2000 bail. each. The Orientals did not do the killing. bat they planned It, according to the indictment, and are guilty as accom plices. They are Lee Fong, merchant; Yuen Tun, hop grower; Moy Haun, in terpreter, and Woo Don, laborer. 5Sm LOADOMETER BORROWED B. F. Fowler of the bureau of public works, has been put in charge of the op eration of a loadometer. borrowed by Commissioner Barbur from the state highway department. It will be used to test loaded trucks using Portland's paved streets, to determine whether there are excessive loads that would injure the pavements. r - 1 10,004 LIBEL ASKED Catherine Benfer asks $10,000 dam ages from F. Blank for libel, in a suit filed in circuit court" today. She claims that in police court, August 24, tBlank said. "You're a thief." and that he told Judge Rossman she -had stolen articles from him. Sheriff Starmer's statement that he was coming to tbe city the United States P amoved Brumfield from his "state. district attorney's office said they were willing to. allow the state to prosecute W. P. Campbell of Portland, formerly assistant superintendent of the Chem awa reservation, expressed the opinion suite" on the second floor of the jail to the regular cellroom through fear that he would be made the target of hostile bullets was again brought Into question. The Observation was cited by the de- thls afternoon that the case properly be- '?n8.af v' d,enc that thi5eeUf aaJnst longs in the federal court. His under standing of the law is that it Is "not a matter of persons, but a matter of place." Campbell believes that the case belongs in the United States court, re gardless of who was Involved. Campbell spent 30 years In the Indian service be fore retiring. He said that the govern ment acquired the Chemawa land through a special act of the Oregon leg islature, and that he understands it has the same classification as other Indian reservations. the dentist is strong. The state coun tered With an affidavit from Starmer denying the remark. Judge Bingham ruled that the defense failed, to prove its claim that the news- papers had Influenced public opinion in Douglas county to the point where it would be Impossible for Brumfield to re ceive a fair trial. DAMAGES FOR EXPOSl'RE TO CONTAGIOUS DISEASE ASKED The first damage suit ever filed in Portland because one person exposed another to a contagious disease Jras on the records in the district court late Tuesday. " r Carl demons alleges that Mrs; Cary Corcoran, landlady of the boarding house at 508 Davis street, was responsible for his wife's contracting small pox when she was in a delicate condition. A month ago Mrs. Corcoran was quaran tined on order of Dr. George Parrish, city health officer. She pulled down the sign and took Mr. and Mrs. demons as boarders, it is alleged. Mrs. demons contracted the' disease. Mrs. Corcoran was taken before the police judge and sentenced to 13 days In Jail, inasmuch as she would not remain In seclusion in her own home during the time when she was a carrier of germs. The $60 asked in the complaint is only to cover the doctor bill, according to Ted Lansing, attorney for the plaintiff. Dr Parrish will be the principal witness. FARM TO GET CREDIT Statements of the value of produce sold by the county farm shall be taken into consideration in figuring out the cost per day of the "keep" of inmates, ac cording to an order passed today by the board of county commissioners. Salem, Sept. T. Crook county, through its vote of 4 to 1 in favor of the county unit system of rural school administra tion, is. pioneering tb way to an ad vancement of the country schools in Ore gon, according to J. A- Churchill, state superintendent of school, who was' ap praised by telegram Tuesday night of the result of the vote in the Eastern Ore gon county. Under the new system Churchill ex plains the system of school administra tion which now obtain in districts of the first class will be extended to the rural schools with the county as the unit. Five school directors will be elected from the county at large, who will have complete control over the affairs of all the rural schools within the county. School . dis tricts of the first and -second class are exempted from this unit but no such districts exist in Crook county. These five directors will elect a rural school superintendent, who will have su pervision over all schools within - the unit The county school superintendent is abolished under tHe new system. Funds for the administration of the unit system will be raised by a blanket tax and .will be spent at the discretion of I the county board. The present system of school boards for each school district will be retained only in an advisory capacity. 'The new system, according to Churchill, means the strengthening of the rural school system in those counties adopting the county unit plan. . " The E CoEv.eMeinice ,xtea Jl Fonaser s f-: DENTIST TO BE TRIED OCTOBER 5 (Continued From Pic On) , 14 to prepare Its case," he. said. 'It says I ; needs to: CM .WUUlasses , from Canada, but aoxJO'I, and Ican be ready to go to., trial in two weeks. It seems to me that Is long enough." Brumfleld's lawyers, however, held out for 80 days and Judge Bingham fin ally set October 6. erumneia waiKeq out 01 court with -a , light step and was whistling carelessly a few minuter after the Jail door clanged behind him. PAPER REPORTS USED- - Newspaper reports of the case were tised .chiefly by the attorneys for the de fense in their effort to prove that Brum field could not receive a fair trial in the city which witnessed his downfall. A majority of the prejudicial articles cited were from newsnaDers in the vicinity. Two of the stories cited were from ' The Journal. One of them, a light fea ture yarn on Harry Pearce's combina tion public forum and harness shop, the . attorney for the defense read In fulL . Judge Bingham smiled several times during the reading, and had to rap re peatedly for order to keep the laughter of the courtroom In check. The other was The Journal's review of the case. The accuracy of neither story was con gested. KECXER STIRS BRUMFIELD Brumfield was in court throughout the exchange of arguments, and listened with a bored look except once or' twice when District Attorney George Neuner emphasised some point by glaring in his - direction. Then he shrugged his should Airplane Patrol of National Forests to Cease-September 10 Airplane patrol of the national for ests of Oregon and Washington will be discontinued September 10, acocrding to an announcement made this morning by Shirley Buck, head of the operations division of the United States' forest servioe. ' - . The patrol has Tnaintalned bases at Portland, Eugene and Medford in Ore gon and at Camp Lewis In Washington. Daily flights were made during the fire season, with the exception of the time of the gasoline shortage in August, to locate fires. The record of the pa- troi. wnicn was in us uiira year. was. very good, according to service officials, as the efficiency of the observers had reached a point higher than at any other season. . The planes, operated by the army, will be sent back to Mather field, near Sacramento, as soon as the bases are broken up. From forecasts it is be lieved that this year will be the last of the air patrol, as congress failed to ap propriate funds for such operation next year.; ACCUSED WOMAN ESCAPES; JUDGE WOVT SIGX PAPERS Complainants who ask the return of forgers and bad check passers from other states only to dismiss the charges when the culprits are brought back and make good the checks, were denounced Tues day afternoon by Presiding Circuit Judge Morrow. The judge refused to sign extradition papers for the return of Bessie Hayden, held In Boise, Idaho, on charges of ob tainlng money under false pretenses in Portland, unless merchants who claim they suffered by her activities will post money to pay the costs. It would cost $200 to bring the woman to Portland and hold her, the judge Bald, and just as likely as not the merchants would dismiss the charges after she arrived here and promised to pay back the money. District Attorney Evans wired orders to release the woman after Judge Mor row refused to send for her. H. A. Hinshaw Leaves Tonight for New Job . H. 'A. Hinshaw, who was recently ap pointed, assistant freight traffic man ager of the Southern Pacific system in charge of the northern district, -will leave tnis evening tor San Francisco to as sume charge of his new post J. H. Mul chay, who has been appointed general freight agent in charge of the Southern Pacific Oregon lines, will arrive later this week - to take charge of the local office. CLIFF SE5TZ OS TRIAL Cliff Sentz went orr trial before Circuit Judge Duffy today on a statutory charge involving a girl under the age of 16. While one pair, is being worn the other can be pressed for a fresh appearance thus the life of a suit is prolonged, as the trousers are always the first to show wear. This convenience and economy has made the extra trousers idea popular, and we are offering a special .oppor tunity which includes our entire assortment of. materials. DIVORCE MILL Suits filed: Ethel J. against Leo E. Kihm, Erma against Frank M. McCord, Alphi against Tony Misetich and Belle against Jesse HaVdwick. RUSSIA LIKE MAN ON DESER I- NEWS ( Continued From Pace One) ISOLATION WARD MUST KEEP SOME BEDS FOR EMERGENCY The refusal of Dr. George Parrish, city health officer, to accept patients from the Boys and Girls' Aid society at the. Isolation hospital at Kelly B,utte was ex-- plained in a letter from Mayor Baker, read before the county commission to day. Parrish eays there are only 60 'beds In the hospital. A few of these must be kept vacant for an emergency, he states, and the others are kept filled with patients from rooming houses. The baby homes and the aid societies are able to provide Isolation wards in their own es tablishments, he says, whereas persons with contagious diseases in rooming houses must be removed at once or the disease will spread. DR. R. W. LOGAN FILES PETITION IN BANKRUPTCY , R. W Logan', physician and surgeon of the O-W. R. & N. company at La Grande, petitioned the federal Judges this morning to declare him a bank rupt. In his petition he gives his lia bilities as $7336, and claims exemption for his family -of all his assets, which total X7Z5. The debts include money borrowed from business houses and indi viduals, notes, attorney's fees, accounts as the interventionists were defeated most of these went out of existence. Russian newspapers are not very in teresting to look at or exciting to read. There isn't a single advertisement and there are always statements from the various government departments and po litical speephes and political arguments. In the provinces there are no daily papers. Local papers are printed when ever there is enough material. Decrees are posted on the walls and Moscow pa pers are sent to the main cities and vil lages. In 1917 most of the soldiers could not read, but there were schools back of the lines and hundreds of adults' schools so that the majority can read today, but it is no uncommon sight to see one sol dier reading to a crowd of other sol diers or to see one peasant reading to other peasants. - Books and posters are all printed in the government printing plants. Gorki has charge of the whole department. He had wonderful plans and really did print thousands of classics which were to be distributed to every household but, natu rally, the -paper shortage prevented the carrying out of his dream. Both Lunarcharsky and Gorki encour age the work of new authors, but the soviet scheme in this respect' does not work out very well. An author is an artist with an artist's temperament, and he feels a dwarfing of his individuality in handing over his books to the gov ernment. New plays and poetry ap peared in the art and theatre magazines. MANY SHUT OCT Lack of news has a depressing effect In .spite of the fact that around the. for eign offices one caught more or less the pulse of the outside world, to be any where in Russia without regular news papers soon gives one the feeling of being entirely out of touch. In the provinces and most of the towns people are entirely shut out from Europe and America. $25 Fine Too Much; Judge Bean Remits $20 to Alicel Man Alicel should be the city of treats within a few days, if the predictions of federal court bailiffs come true. Federal Judge R. S. Bean this morn ing ordered the clerk to return to Russel E. Fulp. Alicel resident, S20, which Fulp had already surrendered to pay a fine. The bailiffs reasoned that when Fulp "found" the S20, which he had "already kissed good-bye," the boys around Alicel would benefit. Fulp was charged with . violating the federal game laws by shipping a beaver hide out of the state to get It tanned. He pleaded ignorance of the law, but filed a formal written plea of guilty and enclosed a postoffice money order for $25, stating that if the fine was more he would forward the balance. "I think that is too much for an of fense of this nature, which wasn't wil ful," said the court- "Let the defendant pay a fine of $5 and let the clerk return the balance." Assistant United States Attorney Aus tin F. Flegel Jr. prosecuted. Similar lines were also imposed on Frank Larson and Clyde Lleser for not carrying fire extinguishers on their mo tor boats. Both pleaded guilty. WADE to ORDER Two Pairs of. Trousers will share the wear and make your suit last just about twice' as long. Try it! . First Long-Trousers S uits-High-School Suits Young Men's College Suits Because 1 bought early and abundantly, I am able now to show you Portland's best stock of suits for high-school youths and college men. I Priced, too, even lower j than usual stabilized prices, that now have reached their proper level. High-School Suits $20 to $35 College Suits $30 to $60 M 0 CLUB SPEAKERS NAMED Rev. Herman H. Hulten will be the speaker before the Progressive Business Men's club, Thursday noon at the Ben son hotel, his subject, "The Psychology of Discouragement.' Harvey Smith Mc Cowan, author and lecturer, will recite The Trail a Boy Travels" and "Flames of Glory." Arthur Johnson will sing. H. W. Stone will preside. Specially Priced for a Limited Time SUITS and EXTRA TROUSERS $45 $SO $60 and Up Overcoats at Bargain Prices All Garments Made in Portland The HSMt Oscar M. Smith, Manager. 108 Third Street Near Washington Photo Supplies For quick service and guaranteed photo finishing leave your films with us. "Try the Drug Store First" Door Open 8 A. M. Doors Close 6 P. M. Continuing this week my wonderful ' I offer of Boys'. Belted Suits with extra "Knickers" Regularly Priced $ 13.50 and 15 $11.85 BEN SELLING Leading Clothier Morrison at Fourth THOMPSONS Deep-Carre Lens Are Better (Trademark reg." The Sign of Perfect Service Optometrist Are recognized as the Eyestrain Specialists. . Who Apply Ql asses to Correct Defects of Yision, thereby Conserving Ner vous Energy. Result Increased Rciency. Ef- - Before wearing Glasses get a complete Scientific Examination of your Eyes by an Optometrist Registered under the Optometry Law. Oar own complete leas ; griadiag plant on the premises. t ' SATE TOtJK ETES THOMPSON OPTICAL INSTITUTE CHAS. A. RUSCO. Presl 4eat and General Haaager EyetigBt Specialists -Portland's Largest, Host Uedern, Best Eaaippec . Exclaslve Optical Eitabllshmeat ia-ll COKBETT BLDG. FIFTH AlTD MOKR1SO r-?- sie ms vv- Good Service Double Hair Tonics DRUGGISTS Alder Street at West Park Prescriptions Called for and Delivered FREE! Good Values Trading PHONE US YOUR ORDERS T Do you need a hair tonic? One that will remove dandruff, stimu late the growth of hair? Try Micro a guaranteed remedy. Money refunded if not satisfac tory $1 a bottle. Danderine, large size .......86c Mahdeen $1.00 Parker's Hair Balsam $1.00 Herpicide $1.00 K. D. X t $le00 Fitch's Dandruff Remedy 50c Clawood Sage and Sulphur Compound 50c Spanish Hair Lotion -75c 3 for $2.00 Krank's Hairwealth $1.00 Vaseline Hair Tonic ..70c Westphal's Auxiliator 65c. $1.20 Swissco 60c . Eau De Quinine,; Hoyt. -50c La Creole Hair Tonic 75c La Creole Hair! Dressing 95c Xotalko $1.00 Soaps for Many Uses Iron Rust Soap, for removing iron rust, Ink, etc., a tube 25c Solvite Dry Cleaning .Soap, works in gasoline like soap in water . .' 35c Dennison Jewelry 'Soap, for cleaning Jewelry 25c Sayman's Vegetable Soap, 15c cake, three for 40c Physicians' and Surgeons' Soap, 10c cake, three for 25c Wood-Lark Antiseptic Calendula Soap, 25c cake, three for 65c La Fontaine, a fine French olive oil Castile Soip, cake 25c Bar $2.75 Peers Imperial Peroxide Soap, 10c cake, three 25c LIQUID FACl5 LOTIONS Oriental Cream 65c and $1 .35 Egyptian Complexion Lotion $1.00, three for ; 12.50 U-Ar-Das Luxury, 50c three for ...J 11.25 Miolena Liquid Face Powder. 50c. three for $1.25 , Low Prices Stamps Leather Goods Money Belts for Men and Wom values to 12.00. Special. . . .50c Tourists' Writing Tablets Very handy values to 1.75. Now special at 95c Coin Purses, in seal and morocco leathers. Values to 12.25.- Now reduced to ,95c Ladies' Hand Bags In black and col ors, patent leather, velvet, calf and morocco leathers. Worth to 9.00. Now special at... $5.50 s;ti; Hit Drugs DOLLS Fine large 20-inch Composition Dolls, moving eyes, with wig.... $4.98 The famous Mme. Hendren "Mamma" Dolls. Extra special $4.98 Rattles for the Baby made of cellu loid, hand-painted. Values to 1.50, special 39c (See Alder Street Window) , Boric Acid, 4 o . Sterile Absorbent Vi pound . . . . . Powdered ,Alum, 4 oz. Sunflower Seed,- lb. ...15c Cotton, 25c 10c ...20c Bathing SuitS Fire Extinguwhers Ground Mustard, lb 50c Epsom Salts, lb. I 15c CLA-WOOD Bird Seed, lb. . . .25c Agar Afar, 4 oz. 40c Tumeric, 2 oz. lOc Australian Eucalyptus Oil, 1 ounce 15c Camphorated Oil, 4 oz. . . . . . .35c Men's Bathing Suits In wool cotton and mixed. Special $1.98 (Sizes to 38 Only) ; Ladies' Cotton Bathing Suits. Special now at $1.98 Students, Attention! WE WILL CLEAN AND RE ADJUST YOUR OLD FOUNTAIN PEN or Evcrsharp Pencil FREE For this week only. For Your Old Hot Water Bottle; or Fountain Syringe Bring in your old Hot Water Bottle or your old Fountain Syringe, and we will allow you l.oo on the pur chase price of a aewone, amounting to 3.00 or over. Good for This Week Only D - O-W- N - S -T-A-I -R-S Candy Specials Jelly Beans, ijound 1 9c Fancy Assortea Chocolates, special, per !b. ..... . -39c Krause's Old-Fashioned hore- hound Drops, lb 29c Protect Your Home, Office- Auto or Factory Use one in the kitchen, and another in the basement near the furnace. Safety first . Price, each r$1.50 Alarm Clocks Now is the time you need a good alarm clock. See the one we sell at. $1.27 Mazdas 10, 15. 25. 40 and 50 watts at. each 40c Box of 5 for $2.00 White Mazdas. 50 watts.. 65c Daylight blue, 7 5 watts. 85c too watts $1.25 Vacuum FiHers - One quart Vacuum Fillers, special at 98c We carry a full line of Corks, Springs, rrts and repairs for Thermos bottles. Gillette Razor $1 Shave yourself with a Gillette Razoronly $1.00 Sherwm-Wifliams Paints Reduced . . ' ... Sberwin-WUliams (in'reg, colors), was 4.25 gaL, now $3.75 Sherwin-Williams white only), was 4.50 gat, now... $4.00 i oc per gallon less in five-gauon quantities. i Inside Floor Paints priced it, quirt....... $1.00 Inside Floor Paints priced at. gallon .... . .... ..$1.90 Inside Floor Paints priced at, gallon... ............ $350 I ' , , , . .ii..:;;,tr,;: