The Oregon daily journal., September 12, 1922, Page 3, Image 3

TUESDAY, SEPTEMBER ' 12, 1S22.
THE 1 OREGON DAILY JOURNAL, PORTLAND, OREGON.
KOZER WILL ASK
LEGAL RULING ON
t ermine to acpt it. It U practically
as certain that some one would enjoin
him.
HALL CANDIDACY
With Senator Charles Hall nomi
nated as an independent candidate for
governor, and his acceptance of that
nomination forwarded to Secretary of
State Koser at Salem for acceptance,
the center of' interest in the guberna
torial campaign shifts to the state
capitol, and the offices of the secre
tary of state and the attorney general.
Secretary Koser has announced that
he will submit the question of the ac
ceptance of Hall's domination, and the
certification of his name for place on
the official ballot, to the attorney gen
eral for a. ruling because of the nega
tive provisions of the statute of 191
-chapter 420 whch provides specifi-ca-Uv
that a defeated candidate for a
party nomination may not be an in
dependent candidate for the same of
fice at the ensuing general election.
LAW IS QUOTED
This law says "that no candidate
for a nomination who fails to receive
the hipheet number of votes for the
nomination of the political party with
which he was affiliated at the time of
filing his petition for nomination, shall
be entitled to be a candidate of any
other political party, or to become an
'independent candidate a't the ensuing
election, and in either case the county
clerk shall not certify the name of
such candidate."
" It " is T further provided that the
county clerk, after making the ab
stract of votes in his county, shall
Fend a copy of this abstract to the sec
retary of srate. and that the secretary
of ttate. in the presence of the gov
ernor and state- treasurer, shall can
vass the votes and declare the results.
CAN'T BE CANDIDATE
The law thvn goes on to say, "No
candidate for a nomination who fails
to receive the highest number of votes
for the nomination of the political party
with which he was affiliated at the
time of filing his petition for nomina
tion, thall be entitled to be the candi
date of any other political party, or
to become an independent candidate at
the ensuing election, and in either
case, the governor shalt not include in
his proclamation any such candidate."
From these provisions it would seem
that there are three separate legal
burs in front of Hall s right to have
his naaie cn the ballot.
First is the general Inhibition
against his becoming an Independent
candidate, having been defeated for the
Republican nomination at the primary
election.
Second is the mandate that the coun
ty clerks shall not put his name upon
the ballot of his county.
Last that the governor, even should
the name have been put Uon the bal
lot, may not declare his election.
CONSTITl TIOXAL RIGHTS
It is strenuously contended by Hall's
supporters that this statute is uncon
stitutional in that it not only deprives
Hall of his alleged constitutional riRht
to become a candidate for any office
whenever he desires, but further that
it takes away from the electors who
placed him in nomination as an inde
pendent their supposed constitutional
right of nominating and voting for
anyone, whom they may desire.
Generally epeaking it seems to be
the impression that the attorney gen
eral will hold that the law is a valid
exercise of legislative power, and that
he will advise Secretary of State
Kozer to refuse to accept Hall's nomi
nation or to direct his name to be
placed upon the official ballot.
ONE tJUALIFICATION
. There is one qualification of this
contention, however, and that is that
the failure of the law specifically to
command the secretary of state to re
fuse to accept the name for certifica
tion mav leave his office, in Us aamin
Istrative discretion, with no authority
other than to certify the name under
the broad terms of the general law
regulating independent nominations,
and leave the controversy to be settled
by the county clerks, or by the courts
at the instance of interested parties.
But whichever way Koaer may turn,
the right of Hall to enter the lists as
an independent very probably will be
taken to the supreme court. Should
Koser refuse to accept the nomination
for filing Halt's friends undoubtedly
would mandamus him. Should he de-
H ALL'S ACCEPTANCE OF
jrOMIJTATIOJf BEACHES SALEM
Salem. Or., Sept. II. Formal accept-J
a nee of the nomination as an inde
pendent candidate for governor tend
ered to Charles Hall by an assembly
in Portland Satarday was filed with
Secretary or State Koer by Hall this
morning.
The certificate of nomination, "which
reached the secretary of state's office
Monday night, recites that the po
litical .principles represented by Hall
are "compulsory education and devel
opment." " .
' Five other -independent candidates
have filed with the secretary of state's
office up to today, the last day on
which certificates of nomination for
independent candidates may be filed.
These ae T. M. Kerrigan, independent
candidate for public service commis
sioner to succeed himself : P. T. Johns,
industrial " labor - party candidate for
congress from the Third district, and
Anders D. Bergland. A. A. Hogland
and J. R. Xasholna. industrial labor
party candidates for state representa
tives from Multnomah county.
A certificate of nomination, filed
for C. V. Soderback as the industrial
labor party candidate for county com
missioner of Multnomah county, was
sent back for corrections and has not
yet. been returned.
Candidates who desire to file by in
dividual petitions have until Septem
ber 28 to register their intentions.
Only one such petition has made its
appearance here, that of- George L.
Storey, as a candidate for circuit judge
for Clackamas county, and this was
returned because of lack of sufficient
signatures.
SALVATION An
LAYS STONE FOR
NEW
STRUCT!
E
CONTEND COIHTS SHOULD
DETERMINE HALL'S CASE
Slem, Or.. Sept. 12. The right of
Charles Hall of Marshfield to seek the
Oregon gubernatorial seat. as an in
dependent candidate after iiaving
failed to receive the nomination of the
Republican party, is a matter for court
determination rather than one of cler
ical jurisdiction, according to the opin
ion of attorneys about the capitol who
are in touch with the situation which
has been brought to public attention
by Hall s acceptance of the nomination
tendered him by the Portland assembly.
A similar situation exists with ref
erence to initiative petitions filed with
the secretary of state, it is pointed out
here.
With these the secretary of state
has never regarded it as his duty
haned uDon the advice of the attorney
general, to go back of the records as
filed with him and has filed such
petitions as were presented to him
when insufficient signatures were
contained thereon, without inquiring
into the validity of the signatures, al
though recent court action on these
same petitions has revealed the fact
that thousands of these seemingly
regular signatures were not valid.
Should the attorney general hold in
the matter of Hall's candidacy, as he
has held m the matter of the initiative
petitions, that it is not up to the
secretary Of, state to go back of the
records as presented to him and the
name of Hall be certified to the county
clerks as an independent candidate for
governor, it is pointed out here that
an injunction proceeding attacking the
right of the secretary of state to so
certify Hall's name will be the only
recourse.
The corner stone of the new state
headquarters for the Salvation Army
at Sixth and Ankeny streets was laid
with impressive ceremonies Saturday
afternoon, with Admiral Henry T.
Mayo of the United States navy chair
man of the day and the Rt. Rev. W T,
Manning, bishop of New York, officiat
ing.
Several hundred persons. Salvation
Army workers, American Legionnaires
and others who were members or
neither organization attended the cere
mony. Admiral Mayo in his opening
remarks paid tribute to the great work
of the organisation and especially to
its service in the World war, and ex
pressed appreciation to Br,lgadler Gen
era! John W. Hay, division commander
of the Oregon division.
Bishop Manning told of the excellent
work of the organization throughout
the country and said that the affection
and appreciation for the Salvation
Army cannot be expressed in words.
A miniature silver trowel was pre
sented by the Salvation Army to
Bishop Manning upon the close" of his
address.
Several musical numbers were given
and at the close of the services the
building was opened r inspection.
The cornerstone bears the inscrip
tion : "Erected to the Honor and Glory
of God and the Good of Humanity."
HAMMOND
LUMBER
MILL BURNS DOWN
(Continued FYtwn Pt One)
ACTRESSES VISIT MEDFORD
Medford, Sept. 12. Mrs. M. S. Vos
burg and Katherine McDonald, ac
tresses of Los Angeles are in Medford.
They are accompanied by Jack Morrill
of Gold Hill, whose ranch they will
visit.
miting and ripping up great sections
of the plank flooring had been re
sorted to. were the store Containing
thousands of dollars' worth of mer
chandise, the general offices and the
scores, or residences of comDanv of
fleers and employes, which for a time
were directly in the path of the flames
and threatened with complete de
struction.
HORSES ARE SAVED
Also saved were the stables contain
ing many bead of horses used in
shifting lumber about the mill yards.
winiam ueyo, a 14-year-old youth
suffered a sprained ankle during the
rire when he stepped down from a box
car from which he was watching the
lire.
C. E. Foster, Astoria fire chief, suf
fered a severe cut across the back of
one hand which Incapacitated him for
a short time while he received medical
attention from a doctor, after which he
returned to the docks and continued
to direct the firemen in their battle
against the flames.
It is expected that an announcement
as to whether the mill will be rebuilt
will not be forthcoming until the re
turn to Astoria of J. A. Rankin, mill
superintendent, who was in California
when the fire occurred. This an
nouncement Is being eagerly awaited
by some 2500 persons living In Astoria
and directly dependent upon the mill
for livelihood.
The burned mill.- working one side
f S hoars a day? was cutting from 415,-
000 to 425.000 feet daily. "
POWER PLAST BURNED
The power plant at the , mill was
burned, throwing all the electrical
power which provides electricity both
for street and residence lamps and
for 1 commercial purposes in Astoria
off. Power was restored and j lights
turned on at 8 -.30 o'clock in the evening
when the Pacific Power Light com
pany cut in with its new million
dollar plant at Smith's Point
LOADED CAR8 SAVED
Dozens of railroad cars loaded with
lumber about to be shipped were moved
from the burning area by switch en
gines of the Spokane, Portland & Seat
tle railroad.
A telegram was dispatched to Ran
kin Monday evening telling him of the
destruction of the plant, which orig
inally was built some 20 years or more
ago by the late George Hume, and
later sold by him to the Hammond
Lumber company, which has enlarged
and improved the plant until it ranked
as one of the largest in the timbered
districts of Oregon and Washington.
The mill. In the absence of Super
intendent Rankin, was in charge of H.
W. Kissling.
GUARDS HOLD CROWD
Twelve large boilers and many
powerful dynamps were included in the
elaborate equipment of the power plant
upon which the city of Astoria has
depended for a number of years for
lights and power. Guards kept the
throngs of people attracted to the blaze.
which could be seen for miles up and
down the Columbia river, well back of
the fire lines. -
All of the firefighting apparatus of
the city and that of the mill company
was pressed into service in combatting
the fire, which was a roaring furnace
in intensity, and in preventing its
spread la other property in the neigh
borhood.
SECOND DISASTROUS FIRE
This is the second disastrous mill
fire here during the past year, the
previous fire having totally destroyed
the sawmill and other buildings of the
Astoria Box company, which later pur
chased the holdings and mill of the
Clatsop Lumber company, which it now
operates. With the destruction of the
Hammond mill, this company is now
the largest operating sawmill and box
factory. It employs ' several hundred
men.
It was reported the Hammond com
pany will endeavor to give employ
ment to as many men as possible dur
ing the period of cleaning up follow?
ing the cooling of the ruins.
ALLIES AND TURKS
ON VERGE OF WAR
(Continued From Pig On)
to quench the smoldering fires In the ;
Balkans, which threaten to burst into
flame again with the sweeping victory'
of the Turks. Henry Morgenthau. for
mer American ambassador to- Turkey,
declared in an exclusive interview with
the United News. '''"'
He fears that the Turks will become
so intoxicated with their success that
they will next try to recapture Con
stantinople and then possibly march on
Athens in an attempt , to . consider
Greece and restore the old . empire of
Byzantium unless peace can be ef-:
footed through the good 'of fleas of the
United States. ' '.'
Friendly intervention by a leading
American - of impartial viewpoint,
would,' In Morgenthau'a opinion, tend
to reconcile Anglo-French differences
in the Near East and result in check
ing the rise of a new Turkey. He also
expressed fear of a possible alliance
between the Russian Soviets and the
Turks.
EXTHESELT CRITICAL
"The whole Near East problem has
been reopened in an extremely critical
way," Morgenthau told the United
Xews. "The Turks will now seek to
reestablish their old position and re
gain Constantinople and Thrace. Now
is the time for the allies to take com
bined preventive -measures before' a
new world war threatens. America
should join in these. She should send'
a strong man to the Near Bast author
ized to express the firm, . impartla.
viewpoint of America, and he should
do everything possible to reconcile
Anglo-French differences there."
Pointing out that the Turks over
ran Europe in 1460. Morgenthau be
lieves there is danger that the Turks,
intoxicated with their victories over
the Greeks in Asia Minor, will attempt
another conquest.
POSSIBLE SOVIET ALLIANCE
"The Turks probably will present
such severe terms to Greece that the
latter will be unable? to accept them,
whereupon the Turks will, no doubt,
resume fighting," Morgenthau said. "If
they are allowed to gel Constantinople
they will assume an arrogant, unpre
cedented cry for vengeance against
the Greeks. They may attempt to con
quer Greece by marching- on Athens.
If the ambition of the Turks is not
checked there is. danger that they will
form an alliance with the Russian
soviet. That would constitute a great
menace to the rest cf Europe.
"Retention of the Dardanelles by the
allies is necessary to peace in the
Balkans. The late World war really
began with the first Balkan war in
1912. The Balkan fires are still
smouldering. They must be extin
guished without being permitted to
reach the proportions of the first fires.
It Is to the world's Interest to see
that they are extinguished.
"America need not send an army to
the Near East. All that is needed is
the active participation of America's
good offices."
HOUSES DIFFER ON
SUFFRAGAN ISSUE
Suffragan bishops had a hectic day
Monday at the episcopal General Con
vention. The-, won the day' In the
house of bishops, but . lost .their fight
for the franchise by a much larger
majority in the house of deputies.
Suffragan "bishops are assistants to
diocesan bishops. - They enjoy all the
powers of a diocesan, except that of a
seat and vote In the house of bishops
and the right of succession to the
diocesan upon the latter's death. For
three years the suffragans have been
fighting for a vote and seat in the
house of bishops.
Last Friday they lost the day In the
house of bishops, but on Saturday the
bishops voted to reconsider their ac
tion at o'clock Monday. After 30
minuets of warm debate the vote was
carried and the franchise was granted
68 to 1. The motion to grant them
seats in the house carried with 74
bishops voting aye.
While the bishops. were voting, loud
applause was heard from the house of
deputies, ana investigation aiscioseu
that they had Just voted to table the
proposal to give the suffragans a vote.
In the house of deputies the racial
Question was brought into the argu
ment. As a result of the disagreement
between the twr nouses, it is quite
orobable that a committee on consulta
tion will be requested by both houses
to go Into the matter ana mane re
ports to both houses.
JOHNNY MARVIIT, who is stop
ping the show at Pantages this
week, is working a single act for a
few weeks. His vaudeville partner
is uone other than Charles Sar
gent, a brother of Lewis Sargent,
known to motion picture fans by
his remarkable , delineation of
Huckleberry Finn and other roles
of equal importance in the films.
Mr. Sargent is at present at Los
Angeles at work In the studios,
having an important part In Jackie
Coogan's new production of Oliver
Twist.
As soon as his studio engagement
ends Mr. Sargent will join Mr. Mar
vin and the team will -continue the
engagements in vaudeville. Mr.
Marvin has the unique distinction
of being the only performer that
can play a real tune on a ukulele
as well as coax sweet melodies
from a common hand saw. Mr.
.Marvin will give a daily demon
stration of his abilities at the Bush
& Lane Piano company's small
goods department every day this
week from 4 to 5 p. m. The public
is Invited to hear this wonderful
player. Adv.
VAXCOUYEB LICENSES 1
Vancouverr Wash: Sept. -The fol
lowing marriage licenses - were Issued
here Monday : -Edward B. Weber. St.
and Bertha K. Green, 33, Portland ;
George J. Williams. 22, Bay City, Or.,
and Pattie C Mclnnls. 24. Cosmopolis,
Wash. : Domini ck Tiunaitis, 58. Beaver-
tonv Or., and "Dora "MV Robson 68,
Huber. Or.' i" Archfe C," Brown; 32, and
Henrietta ?M. f X&fhaw"son.' legal. Port
land : Albert y. Bergtn, St.' and Marie
Portman, 39. -Portland :' - Charles r
Cllnkinbeard1, and Ida K. Olson. 23,
Portland ; Joe Dawes, 21, and Lucy M.
Fuller. 18,-PortlaJid. . --
Li 1 L
rines are on duty at Smyrna and the
allied garrisons at Constantinople
would have to be reinforced heavily in
event of ; actual war.
Constantinople was taken from the
Turks and neutralized after the World
war. Since then it "has been held by
a small force, representing all the al
lies, with the British predominant. The
Sultan is permitted to remain there
with his personal bodyguard. The
Sultan, being under the eye of the
allies In Constantinople, has had no
hand in this uprising.
MORGENTHAU SEES DANGER
IN MUSSULMAN VICTORY
By Ralph H. Torner
(United News Staff Correspondent) I -London,
Sept. 12. America should
send a strong man to the Near Kast
1
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