THE OREGON- DAILY JOURNAL.-' PORTLAND, OREGON WEDNESDAY, FEBRUARY 1, AZ22. CHARACTER PLEA H ' lira. Grace - Vogan, wife of John Vo gan. a candy manufacturer, testified in Circuit Judge Tazwell's court this morn ing -that Mrs. Jessie Klrod Moore ,ia hw "bk1 intimate friend." and that lira. Moore and her husband, the late L., K. Moore, were the happiest couple . she had ever knownl ? 1 '- "My husband and I always, enjoyed ' going over to the Aloores' just for that reason, that they were o attached toj each othei and so" congenial" she said. - Mrs. Vogan was on of the series of witnesses being; called by Mrs.' Moore's attorneys;-to try to estahUvh the conT tentloc that .Mrs,-Moore is . of such a hgh character-that it would have-been out of the question for her -to 'have treated her stepdaughter, Mrs. Greta Moore Thompson, cruelly. Mrs. Thomp son Is contesting the will of her fathers by ihe terms of which she-was dlKin nt-nted and her stepmother received th r.- v . Mrs. Thompson claims that while h . .tiiet usually treated her swtetl; when others "were arounq. she beat M r. pulled her- hair isl lerniented tier - vately. The eldetrwopian '). alleged ltd have poisoned the-fattier s mind concern ing his daughter, j. '' ,. y J i - Mrs. Vogan testified fflat she metthe Moor es in 1910 and -tne -then has been n regular visitor at their house, ' seiner : times once a weeand'-TOrnettmes oftener. Both L. K jioar and nls wife ' were affectionate to MrThompson,, she said, : z vwx;H-i ,,' Oj cross-exaislnation '"Mrtl Vogan 'l'ad .mitted that she knew very-little of Mrs Thomrason'S comings and goings during all" thostf .years.- , , : : . , - - i "Do you mean to say," asked Dan Malarkey, "that In spite of "all your Visits to the Moore home you didn't know where Greta was working;, or hether the was working T- I am aimpiy : attempting to find Lout how often this only daughter was ihe' subject of con-. Vcrsart&n,in the honse.-.'.," 1 JutfTazwell warned the attorneys fter-Ja. hot exchange 6f repartee that unless they addressed their remarks to Hit court after this "I will be heard froni." '......, ZJ-' - 1 :'. j-X' " Mrs C. C. Newcastle and Mf. and Trs. Charles B.- Moore testified Tuesday Hfrernoon that MraJi Thompson, - child, seemed to' bar'. a good clothes i as -the other girls "is ther neighborhood. The witnesses have, U teen friends of the I. K- Moore family for many years. Tbey declared they bad never seen any indications iof ill feeftrtg -beweea Mra. Thompson and MrsXMoore. : , - - Mrs. Newcastle said she attended a " party, given for. Mra Thowfpsbn. She nuld, on cross-examination, that the - persons who attended Were all ' much ..older than Mra Thompson. I - Dr. T. W. Kirby said, on crosa-exam-inatlcn. that he did not know until after L. K. Moore's death that he had a daughter, though -he-, knew Moore in timately for five years. ;. i .. Smallpox Cases Are Foundon IJecrease ' Eleven families "jwr -released from smallpox Quarantine, this inornlng, mak ing the total In the city now, 69.This shows a steady decrease Ervliom C. Abele, acting health officer, said, for the number Tuesday was '70. Tbe num ber of diphtherlatoasee Is i8, while scar let fever has IsV'V - MargaretS6hofield ' Funeral-.Tomorrow . ' li ii In ' Funeral services for Margaret Scho fleld, daughter of Colonel and Mrs. R. M. Schofield of Honolulu, will; be -held here at '2 o'clock Thursday afternoon' in the Ilolman chapeL Mlsa Schofield 29 years old, was a granddaughter of Mrs. S. T. Smith. 718 Pettygrove street She died in a sanitarium in Denver where she was being treated for a .lingering ill' nens. Her parents are In Honolulu. . Snow Halts Trains In Colorado; 1 Dead Denver, Colo., Feb. 1. IT. . P.) One man is-dead and several trains are re ported stalled as the result f -sr 48-hour Bnowstorm which has- been sweeping Southwestern Colorado, according to. re ports here today. In soma places three feet of snow has tallen. Thebody of an unldentlned may was found in the ruins ' of a oaWn- near rDurangOA ;-. School ; . ConsoUdatiotf Plan Olympia, 1 Wash., Feb. 1. Consolida tion of school districts-was discussed here Monday by 1 te school-directors ipf Thurston county..? Directors from the consolidated districts, notably Rochester, Tenino, Teim. liakamas,' IJttlo Rock. South Bay, Rainier and Boston Harbor, asserted that the?, woud .never go back to the - one-room schooU. and that they considered consolidation the solution of - the jural school problem. ... flBOSCHIAL MF.rMOSIA FATA I, ibanon. Feb. 1. Paul, 1-year-old son of Mr. and Mrs. John Summers, died suddenly Tuesday afternoon following an attar a or acute bronchial pneumo nia. HJs father is 8outhem Pacific sgent here. An older brother, Stanley. ta a halfback on the O. A C. varsity football .team HE BBWF Ell WELCOME . The Community Chest Solicitors the Annoyance ; of 45 Additional Drives; '- m ' i '. '"'St.- - - V -' . j - ' - . . ; " 9 ' V ( ' : , - - v '- ; ,: : .-', ' Give, Liberally ThU Spacm Donated by QYtQllift G)imty W mam for Gfeorge II Kelly, fleeing from the snow and ice of California, where he has been for some time on biasinesa, re turned to the homeland this week only to leave again today . for . Chicago and the East, for more snow, more ice -and . . Ai more business.-" " And, though he is warming to some degree" he "has not yet thawed suffici ently to tell whether he is going to be a candidate for governor when he gets back from his Eastern trip, now that George L. Baker is out of the way. Kelly "doesn't know,"' he says, and he adds with gnilelessness ;and disarming candor that this statement is "just as honest as anything he ever said." The fact is, perhaps, that -the devel opments of his Eastern trip, and the de velopments of the political situation while he is away will have much to do with enlightening bis mind and fixing bis determination upon his return. KELLY IS WJLLlifO Kelly has been: looked Upoh as a po tentiality in the gubernatorial field for .11 this time that the politicians have been checking over the list and guessing vbo will get into the running by the time the entries close.' . Friends of his contend, and Kelly has not objected to the contention, that be would like to be a candidate - and to- be governor, , but whether the like would , cryita Use into the effort has been a Jnattef of doubt and, uncertainty. -I - it.'- - - One big hurdle in the way. of the Kelly candidacy.' up -Ho this time, has been- the expectation, that George Baker wouldbe a candidate, and two Port land candidates depending In great part Upon the same centers of support would not have been good strategy. Now however, the announcement by Baker that he would not be in the race has toppled that hurdle over, leaving the track that much clearer for jielly'e run ning feet. If be wants to run. What the developments, for the rest of the week may be. Including the ex pected indorsement of some, candidate by the Federated Patriotic Societies on Saturday next, may have mors than- a little influence on whether Kelly will de cide to be a candidate' upon his return from the East - .. DAftK HOUSE ISSUE -- If . Senator ITXj. Patterson gets the in dorsement, or Speaker !.,. Beau. wrutlff 'Hat rtttA wifoaaav svn tis nMhlom Vkii if th fall hv th Wftv and a dark horaai is sprung, that would give the situation J still another slant, particularly If Kelly were to be the dark horse. ' ' What the strategists now would like to see would be the ' elimination of all candidates other . than Governor Olcott and the ultimate' indorsee of the Fed erated Societies, thus leaving the bat tle a two-banded affair. Time will tell whether this can be attained. All Evidence in Arbuckle Case-Is Inr State Eests San Francisco, Feb. ' K. S.! The state finally rested In , the second trial of Roscoe "Fatty Arbuckle' tor manslaughter at' 10:J5 this morning. Just three weeks after the trial opened. - Three witnesoea. Dr. W. XL - Harrison, medical: expert;-' Cart1 Kisenschimmel, handwrlUng ezrert, and J.. V. 'CNeU of the police . identification bureau, closed the state's asa.''- ' 'v.'- - Judge Louderback declared a j recess until 11 o'clock, when Assistant District Attorney U'Ren opened t the argument for the tat.;...ti'-.'-'.--r;-. - ' - v udg lioudarback said if argument were completed lata this evening - he would charge the jury this evening. .-Gavin McNab, chief counsel for Ar buckle, said be might, in order to speed the case, eliminate all defense argu ments. ." Save You Clear -Highway i - . - - a - - f r' '-V; - - N ,i " ' 's" i Jts-;J ! - r A " "N b;--V-' W' v" Vv I " - " ' ,f ' ' w 1 6 - ' i v ," f 5. W"J- Within SO days tbe Columbia river highway la to be rendered passable, after having been ice-blocked tor more than two . months, according to a de cision reached by the county commissioner today. Above A vgroup of unemployed men at American Legion employment headquarters, who will be called npon. Below An lee bank at Mist Falls that will be tackled at once. , . ' . S44.1 49.673 FOR Salem, Or., Feb. 1. The tremendous growth of the good, roads' movement in Oregon is shown in ' the annual report of the state highway department, filed with Governor Olcott, Tuesday. In sum marising expenditures f or road work in this state under the supervision of the state commission the report shows total expenditures since 1913 aggregating I44.149.67J.09. Oregon's start in road development was made is 191S-14 with an expend!- turf of 81.200,686.09, of which 1.000.000 was county money and the balance state money. In 1915 road expenditures were limited to S574.977.4S and in 191C ' ex penditures for rbad improvements slumped to but 1254.028.86. From that year, however, expenditures have shown a steady gain, reaching the tremendous sum Of $18,245,821.37 in 1921. FIUST WORK LIMITED . r. ' In the - four year period, 1913-191. road improvement work done under the supervision of the commission was lim ited -to 7.3 miles of bituminous pave ment, 14.3 miles of concrete pavement, 19.3 miles of bfbken stone or gravel sur facing and 10.2 miles of grading. In the year 1921 alone road work com pleted under" the'supervision f the com- i mission included 125 miles of bitumin ous pavement. SI miles ' of concrete pavement. 433.9 miles of broken Stone or gravel surfacing and 449.7 miles of grading. . . . . STATE PAYS MOST ; Up to the end of the fiscal year, No vember 36 1921, road work completed in this state under the supervision of the commission included 489.8 miles of bitu minous pavement, -105 miles of concrete pavement, 914.9 miles of broken stone or gravel surfacing and 1422.9 miles of grading. : Of the $44,149,673.09 expended on the roads of this state by the state highway department. 136.195.034.08 - has been state funds, 84.387.73.(5 county funds, S3.S02.S35. 69 government funds and $84, 039 78 railroad funds. : SIR P-TO BE CLEARED i ! FAR AS HODD RIVER ' ICentbitwe' Pieai ttw One) hrig. They were there- as they have been tor days and days, .seeking, whatever odd jobs might be registered. The legion's employment officials were trying to par cel ot sucb work as they bad eo it would go as far as possible among the appt icants, many of them in dire need. Since the highway became blocked by the terrific anew and elect storm of test November many planar have been sug gested that would lead to its reopening. HASTE M CBGED " Engineers have made repeated sur veys, hopes that the weather in the Co lumbia gorge might moderate so the ac cumulation would melt away of Itself proving vain. ' . . - - ' In the meantime, residents of Hood I, River county , and - Multnomah county STATE HAS SPENT IMPROVING ROADS at Once nrtm wv-ajr-ay 4 ;.''' were clamoring for the .tbjofoughfare to be cleared. The matter of tost always was raised to interfere. ; . t ' r a : The question of expense was not dis cussed at today's meeting: though pre' vious estimates by Engineers Kelley Of tjie state nignway commission were that 17500 would be sufficient to clear the strip in this county. The commission proposes to do the work in HOod Elver county. Legion Post Will Open New Club to Public Thursday The new club rooms of Portland post. American Legion, will be opened to the public Thursday, the executive commit tee of the post decided at its' weekly meeting Tuesday. The club rooms are situated on the second, floor of the build ing known as the Hibernia Bank build ing, at Fourth and Washington streets, A well-equipped lunch counter room will be at the disposal of the general public at the noon hour. The post will hold it formal opening for the membership at the monthly meeting Monday night. A special pro gram will be given and refreshments will be served. , Col. C. C. Hammond Kesumes Command - f r . Colonel C. C Hammond today resumed command of the l2d infantry, Oregon National Guard, after an absence on spe cial duty since August 24. 1920, at uticaea 10 me general stair which re- organixea we national guard in nine Pacific coast states. It bad before it the. task of completely reorganizing the national guard and the United States army along modern lines and with view of creating a dtiaen army of de fense. '.,: Come f o Jimmy's Big Bargain Event .Suits and Overcoats ASLOWAsjyn Othen?22JS04320 - , : -i : , JkmyDnnn tiNMswT ana ailnen -- w y- ' " J -"T.- - s -s5r v a ' .SI YAMAGATA, LAST , J OF GEffl, IS; DEAD AT T0K10 Tokio, Feb. 1- (TJ. P. Field Marshal Prince Aritomo Tamagata died at bis home at Odawara' near here today. His . death ended the rule of the "genro" or "elder staesmen,, of whom Tamagata , was the . head. It tneana a new'- political era In Japan, and -may ha vet. vital consequences in government affairs. , - Yamagata, 85 years eld and in failing health for a long, time, bad beea for many years the most powerful figure in Japan except the emperor himself. He had bean called the real ruler of Japan. In politics and policies and government details Tamagata bad almost absolute authority. ;...'.-""'. .. '-. ' ' AXWATS W03T FIGHTS - The "genro" were a group of inten who took charge of things when Japan rushed pell-mell out ' of medievalism into modernity a little more than a half cen tury ago. They so entrenched themselves that they , became, for all practical pur poses, the' government. Tamagata was the last survivor of the original genro group. No other per sonality can revive or maintain the genre. - - t ' Tamagata fought through ' the recon struction wars that accompanied Japan's emergence from isolation over 5 years ago. He made Japan's modern armies. He was the father of, uaiversal military service. He fought through the Chinese- Japanese and the Russo-Japanese wars. He created and commanded cabinets and parliaments as well as armies. He fought all his life, in war or in politics. and all bis life he won. SMIXE8 AT M O TJ3TT Allt Bit the old fighter died in the ways of peace. When death was near the aged field marshal had attendants open the shoji or sliding paper walls and trundle him out to the veranda - of his vHlla, where -he could gaUe at far-off ,'Fujl Tama, the. sacred mountain of Jigpan the mountain that is more to the Japa nese thanv Olympus was to the ancient Greeks. When Yamagata first saw Fuji-Tama it looked down npon a hermit kingdom, unknown to the world, the world un known to it As the dying genro looked last upon the mountain, it soared above a nation perplexed with reconciliations of the old and new, a nation harrasaed with' the problems of modern industry but withal a nation . formally recognized as one of the powers of the earth. So the last of the genro had them open the shoji, that he might look for the last time at Fuji-Yama. He looked for the last time at the secred moun tain and smiled this stern old fighter who never smiled very much -and went away for whatever reward bis god may have for those who fight long and hard and well. . . Accused of Breach Of Quarantine Law Aberdee,f,Wash4 Feb. 1. Following organizatldnof a body of school patrons opposed to' compulsory vaccination, the city health physician arrested A. H. Marshal on a charge of violating quar antine restrictions. It is alleged that the spread of smallpox' has been due to indifference to the orders of the health officials. Persons opposed to placard ing of houses have torn .off the placards. T - ; : I ST SI A) i ' i ' Cecil B. 'DeMUle has given ' Iff W g you "Male and Female," "The ill iJWkl t J Affairs of Anatol" and other U U J'J&SZ H t S big features. "Saturday J UJ 1 MW iWfi U Night," he says, is greatest in fW'i J3l 0 A beautiful women, greatest in . v jSf .V' Mg) fxi ULVO 9 d gowns and settings, greatest S VVf ,rwdL ,rl 0 9 in heart-tug and gieltt in ' JS) W& J 4$3&ft X )K 5 g thriU . ... It is dazzling W l 'PHrf y and resplendent with beauty. . arilJ - " A Knowles' Picture Players xJirak ' I A j - Qity Attorney Says flnn n f tr M a xr Aid in Sewer Construction That the city could legally build a por tion or the Inta trunk sewer outside the corporate city limits 'and assess a portion t the cost to the county dis trict drained; is the opinion of Frank S. Grant, city attorney, read this morning at a meeting of the city council. -: Grant said the state law provides for such proceedings and legalises them and that liens on property delinquent have priority over all others ave those for general tax. He pointed out, however, that the council would have to take into consideration tha value of the property and its ability to stand the assessments. Any failure of collection, he said, would have to be made up by the general fund. Such a procedure, could be taken to court, be said, by the residents of the outlying district on the ground that the benefits and costs might not be in ac cord. In such a case, -gpe pointed out. an : adverse decision would place the burden of the Improvement on the gen eral fund. .-. ' That the . Improvement be made with a portion of. the cost paid by the gen eral fund and an ordinance passed re quiring tia -residents of the district to pay "the cost if at any time they should wish to become a part of the city, is one solution ot the problem, be said. : CA3TBX TEAM DEFEATED Oregon City, Feb. 1. The local ath letic club quintet defeated- Canny on tne uttter s uoor iiiesoay nignt or a 41 to 9 score. The first half landed 24 to 8. -The Oregon City high school and Union, high of West Linn are scheduled to clash on the local gym. floor tonight. These schools, rivals in ail athletics, have never oerore met at basketball j POBTLASD MAST GUEST centralis. Wash, Feb. 1. Arthur Cenway of the Diamond Iron Works, Portland, was a guest -at the Central Rotary club luncheon Tuesday, i : ' IE t r5E 'riii The Aristocrat of Thrillers! The drama that "made' Clyde Fitch and- stirred the souls of countless thousands in Amer ica's leading theaters. Now, with all its thundering con flict, all its class and dash and "high life" fashion, flashing on the screen. -' - A brilliant big supporting cast , and beautiful Betty Compson ii in a role she was born to play.' ST Ml A RTS TO DAY I . : : SHIP MERGER PLAII INIMICAL TO LOCAL PQRT.DECLARAT1QN Tatriotism was the foremost plea of sponsors of the Facifkf coast -Bhipptpg merger .at the conference t held - in ' San Francisco recently, but that patriotism was riredicated upon a plan to take over the ships of the United States merchant marine at 10 cents on the dollar." - T&i8 statement was made before mem ber of the Ad - club- and -the ' Foreign Commerce, club at their luncheon, today by H. B. Van Dusef , president of the Chamber of Commerce and member f the Portland eommittee which attended the merger conference. The address was the first public announcement of what took place at the ship pool meeting, v We found the cards siacked, every thing cut and dried and then the press was excluded so the complaints ex no one could be heard. said Van Duier. Some ef the things which COS plan proposed to do were to ask the government for long term credit, low interest rates, the issuance of mail contracts, the army and navy supply contracts and the placement af naval reserves on the ships on a cooperative paying basis." , vn Dnxer said the Portland commit teemen felt that the same Interests which had attempted to hold back Port land were behind the plan and that the Portlanders .refused to indorse the mer mt nlan on this basis. He said that Portland wonld stand ' upon its consti tutional- lights to obtain ships upon the same basis as a merger could ootain them whether this port entered Into the agreement or not. ! Samuel C Lancaster, highway engi neer, said that while the port had in vested S20.0O0.000 in public funds for commerce the roads bad been bullt at a cost of $40,000,000. and that a greater in and tfie TODAY Adapted from "The Woman in the Case" The Famous Play By CLYDE FITCH Also International """' ' Newa'"" '., -Two-Part'-. Comedy and Keates at Our r Giant Organ 7 ll 7 I 1 1 I 1 net return wan ta , Km .ttw-ii the latter, hut that nnlv & losa iht.;.nj so long as the highways were closed as we ioiumDia river Highway has been. He Buiiivn 01 jtna pn 10 per tne road for a width of : only 10 feet. - , ' Canadian War Hero Kilhf Wife, Shoots Little Son and Flees Vancouver, B. C Feb. ly L K &) Every member of the Dominion, Provm". clal and municipal : police forces was turned loose today In a man-bunt for I&ward a egg. who shot and killed his wlfV May Clegs. In the homo in ' a Vancouver suburb last evening. Oegg, using a revolver, also shot and probably fatally wounded his little son, Edward, and hla wife's uncle, Henry Morgan, 78, who fell In an effort to defend his niece from the maniacal fury of Clegg, ef waf veteran who wore the Mons atar and who fought four years In France. '' i, . v : The couple bad quarreled and sep arated. . , -1 . ; k . w .. From remarks dropped by Clegg, It is ceuevea he may nave boarded an east bound train with crary intention of going , to ! Toronto tiy kill bis wife's mother, -Mrs, A. J. Wing, of that city, - 1 " 1 a.'- . irrasE is- ra. a-tsferred r Vancouver. Wash, Feb. 1. Mrs. Flora Sanderson,' 20$ East Tenth street, baa received a letter from her daughter. Bees, a nurse in the United States navy, stating that, site has been transferred, from Mare island to Guam. Miss San derson served In a medical corps during the war and was for some time a nurse in the Standlfer shipyard. Tiinvpnvi Dees-Carve Leases Are Better (Trademark-Regiatered) - t '; The Sign of Perfect Service CHILDREN'S EYES . NEED CONSTANT WATCHING PARENTS do"Thot al wtys know when children are deficient in vision. Even the child may not ::.know, never having seen better. The growing eyes of child hood cannot withstand the strain of hard usage when vision is not normal. , It is important, therefore, to watch for every symptom of eye trouble, : If in doubt let us examine their eyea, We an compe tent to tell you what's wrongand to make the correction with glasses. otra owl coifritT XEJSS OBINDI.f O PLAKT ujs mis rjtunisEs SAVBvYOUR EYES; eSBBBBBSSSBBSBBBMBSSSABSlBSSVMBSSJBSBBSSBSSSSsSBSBSBBSBSSBSSSSA A Eyesight Seebxlltu THOMPSON f Optical Institute i : Fortlaad's X.-arget, Mt "- Modern, Best Eqalpped Exelaslre Optiesl Establisaateat. t0-lS-ll CORBETT BLB. FIFTH ASD MOaUUOy bine t3 . - : Chan. A, Rsseo, Presldest and General Manager commm SATURDAY I I FIRST TIME bi . AT OnDITl AD -J ni a wa urui . rx PRICES . ,Vi A nn w. -ox m Fasioas r I Story ef ft a&l Mnthfr . iOVS y rora Will Carleton' tn' Ballads- u OVER THE HILL" ' l" SOW bERfe The Prodsetiea That Is Tkrlliing ead Startliag All rertlaad m-4 ite..A ? I - i L I nr r r 1 Tr"1 DO lis 3 W 1 m Aswan . 31 "4 f 1Tn S srsj S- n ssma S - ji siti i " Mft mm i J mmmi , .a 4sMdl - - - mm - - -