SATURDAY, - DECEMBER 23. 1922.
THE .OREGON . DAILY JOU RNAL, PORTLAND, OREGON. '
COURT MAY HAVE
TO PASS ON ALL
RITNER
PARDONS
Maybe Jesse. Webfc ap4 hW several
other fellow convicts How enjoying
freedom by virtue ; of pardons signed
by Roy Kitner , hold valid releases,
after alt And ma j foe. Senator Kit
ner has the ! anlhortty, - tip to" Xew
Tear's Cay,' to act Jri" the piace and
stead of Governor OJcett during his
absence from the state. But the con
stHul ion seems pretty ' badly tanffled
and you can find lawyers, and good
vnes, to argue either way. The concen
sus of legal opinion seems to be that,
should the question be, raised, the su
preme court would face the necessity
of indulging in some very clear and
patent judicial legislation to prevent
the state government from finding it
eelf In .the unpleasant position of being
without a duly qualified and authorized
executive head.
Section 4 of article 4 of the consti
tution says that "the senators shall
be elected for a term of four years
"from the day next after their
general election." That is an old pro
, visions of the constitution that ha
(food without amendment from the in
itial adoption of the fundamental law.
ISI .ANOTHER SECTION' .
Section 1 of article 15 says that 'ali
officers, except members of the legis
lative assembly, shall hoid their of
fices until their successors are elected
and qualified." This section seems "to
nail down" the terms and conditions
of the previously quoted section.
Senator Ritner, president of the sen
ale during the. I'JZX session, is carry
ing on the duties of the chief executive
under an amendment to section 8 of
article 5 of the constitution, which
provides that in the event of the dis
ability of the governor, by death, resig
nation, removal from office or absence
from the stated "the president of the
senate Bhall become overnor until the
disability be removed or until the va
cancy be filled at the next general
biennial election. .
Lawyers have now dug up still an
other section of the constitution sec
tion 14 of article 2. adopted in 1908
which provides that "all officers, ex
cept the governor, elected "at any regu
lar, biennial election shall as
sume the duties of their respective of
fices on the first Monday in January
following such election."
AUTHORITIES CONFLICT
In the face of. this amendment, more
recent than the other sections, it is
contended that the courts could hold,
without stretching their-logie overmuch,
that the president of the senate would
hoid office until the first Monday in
January, thus cutting down the pos
eibility of a headHess state government
to an eight-day period, since the new
legislature convenes on the second
Monday of January, and elects a new
president.
. There are some who insist that since
. the- constitution says that "the presi
dent of the senate shall become gover
nor until the disability he removed or
until the vacancy be filled at the next
general biennial election." Senator Kit
ner is now governor in law as well an
in fact and would continue to be .until
the inauguration of Governor-elect j
Pierce should Olcott not return to the
state prior to that time. These law
yers argue that, when Kitner went, to
Salem "to become governor" he,under
the constitution, shuffled off his sena
torial tosa. put on the executive mantle
and that it has become attached to
him so long as Olcott stays outside of
Oreson, up to the inauguration of
Tierce.
It would not be surprising to see the
i,,xt session of the legislature frame
an amendment to the constitution to
clarify the situation and' leave 110
doubtful construction possible in the
event of some future contingency
where the validity of any executive
act might be of very serious moment.
Seattle Will Send
Help to Astoria
Seattle. Dec. 23. I. N. S.) A reso
..:., .,r,rn.i-1inir $1(1.000 for the re
lief of stricken Astoria was introduced
in the city council this alternoon ana
w nassed Tuesday, it is confl
The funds will be
sent on that day as Seattle's Christ
mas present to the burned city.
Wasco 1923 Budget
Increased to Limit
ot. iv 1 1 o Thft Mtv council
i ne i-' i (- -
budget committee and the public met
here Kiridav night to discuss the city
budget for 1923. A tentative budget of
f67.5S0 has been prepared, as compared
with $65,317.50 established for 1922 ex
penditures by the city. The estimate
this year is up to the 6 per cent limita
tion. Miss Celia Gavin, city attorney,
eta tea.
VItHtiH)li,lt'll1,",',l'll,i,,",H,!',,',"S
CAT-'N-FIDDLE
. The Popular
f- RESTAURANT
i . - ' i and
tV; SWEET SHOP
f ' Coffee room opens 7 a. m.
2A; ' Eat your breakfast here.
Luncheon will please yon.
I We are just a Jittle proud
of the dinner served in
f : the evening. I
i Trianon Chocolates and a
? .x
- fun line oj
a t-r
for your selection. -
f CAT-N -FIDDLE
f Park at Alder Street -IS
(Two Entrances)
4 ' "Z ' ' ? "
? ..'"A: good place' to' meet
Z " ; your' friends. ' "
" i i t i r i i t i i l i i i i r i i i V
Centralia Man Says
"BigBottom"Valley
Has Ebseate Future
Portland business men are losing an
Important opportunity by not paying
more attention to ''Big Bottom." other
wise1 the valley of the Upper Cowlitx
river tn Washington according to K.
F. Van Schoick, setietary of the Cen
tral ia Chamber of - poaunerce. Van
Schoick was in Portland. Friday, load
ing up- wita Christmas presents. He
said Portland - is tho best "Christmas
gift "town" in the Xorthwest.
"Big Bottom is a. valley abtAit 25
miles long, ranging from one to five
miles in width," explained Van Schoick.
"It is a valley much HVe that of Hood
River and even more "fertile, it con
tains the towns of Morton. Lewis, Ran
dall and Mossy Rock, ranging in .size
frcm 200 to 1000 people. Tiie soil pro
duces everything from tobacco to
pumpkins, that, - ithout ; particular
care, grow to a weight of 110 pounds
apiece. At the present time the val
ley has no railroad except a line touch
ing part of it over the hills from Ta
coma. There ought to be a railroad
up the valley by water grade con
necting with ' Portland.
"The business to be developed
through bringing in & larger number
of people, especially on the land, would
well warrant railroad construction. A
delegation from Portland ought to visit
Morton, Mossy Rock. Randall and
Lewis. The people there often won
der at the seeming indifference of
Portland business men."
During the year that Van Schoick
has been secretary of the Centralia
Chamber of Commerce the city hall
has been travsformed into a community-civic
building used by 39 Jiffer
ent civic, business, sociai and labor or
ganizations. As a result factionalism
has disappeared and Centralia has re
corded the rapid progress possible, to
a city with unified purpose and large
opportunity.
UPSHAW CALLED'
TO VERIFY HIS
LI
OUOR
CHARGES
Eailroad Official
Announces Big Cut
In Freight Rates
Some of the freight rate, reductions
authorized by the transcontinental rail
lines at the recent Central Freight bu
reau conference in Chicago range more
than 30 per cent on important com
modities in westbound movement, ac
cording to announcement made Fri
day by H. K. Lounsbury, genera
freight agent for the Union Pacific
i ail way system.
From Chicago, the 40.000 rate on
canned goods will be reduced from
$1.72 to $1.30; tin or terne plate will
be reduced from $1.20 to 75 cents :
structural steel and iron will be re
duced from $1.35 to $1.20 on 80,000
pounds capacity, and bolts, nails and
other iron and steel construction ma
terial will be reduced from $1.35 to
$1. Similar reductions will b made
on more than 50 other commodities.
"Please Forward" on
Yule Card to Clara
By CniTer-ml SerriceV ;
Washington, Dec. 23. Representa
tive Upshaw's challenge that anybody
call hia hand on drinking in official
dom was accepted by Representative
Hill of Maryland, wet leader today.
Representative Hill Issued a state
ment declaring that the Georgia dry
champion had made in the house what
constituted a definite charge of ' law
violations and he purposed at the first
opportunity to ask on the floor of
the house that the evidence substanti
ating this charge be produced.
Representative Hill's statement fol
lows :
"I have a copy of the- newspaper
release of Representative Upshaw's
speech in which he referred to those
governors who were present at the
recent conference called by the presi
dent and in which he also refers to
the president, vice president, members
of the cabinet and members of the
senate and house.
"With the exception of two or three,
every one of the governors at the
conference is an avowed and enthusi
astic prohibitionist. As a former
United States district attorney, to me
the words of Representative Upshaw's
charge mean nothing unless they spe
cify definite personal violations of the
Volstead act by these prohibition gov
ernors. "Representative Upshaw said : 'Let
these governors, led by the president
and vice president and all members
of the cabinet, sacredly declare that
they will never again build . up a
bootleggers' barbarous business by
drinking any form or any amount of
illicit liquor."
"This constitutes a definite charge
that these governprs have built up
'a bootleggers' barbarous business.' If
they have not, it would not be neces
sary for them to swear never to do
so again.
"He also charges the building up of
such business 'by drinking any form
or any amount of illicit liquor".'
"If Mr. Upshaw's charges are true,
I am confirmed in my statement re
peatedly made in the house that en
forcement of the Volstead act even
in so-called prohibition states is a
joke. If his statements are not true,
he shoutd retract his charges of crim
inality against public officials. '
"At the earliest possible opportunity
I purpose to bring up the matter on
the floor of the house in order that
Representative Upshaw may be given
an opportunity to rurnlsh Prohibition
Commissioner Haynes with the evi
dence on which he made his serious
charges."
Representative Upshaw was out of
the city -today, having been called
away on account of illness in his
family. Representative Hill said his
intention is to await the Georgian's
return before bringing up the subject.
S. OS. Call Saves
Vessel Adrift Ten
: Days in Atlantic
i By l'iTenai Sernee
Washington, Dec. 23. Adrift 16 days
in the North Atlantic for lack of fuel,
the West Harda way of the shipping
board ; fleet was saved by radio, ac
cording to a wireless message received
today by J. B. Smull, president of the
emergency fleet corporation.
The West Harda way's distress call
was picked up by the West Haven,
also a shipping board fleet vessel,
which went to her assistance and to
day was towing her to Halifax.
The West Harda way was disabled
en route from English ports, 500 miles
east of Halifax. " Details are not available,-
but it is assumed the ship used
tip her- fuel battling against heavy
head winds.
Hourly Traffic Now
Maintained on Road
Roseburg. Dec. 23. Traffic is now
being routed through Canyon Creek
canyon on the Pacific highway every
hour, instead of three times a day as
heretofore. Flagmen are maintained
at both ends of the canyon and south
bound cars are sent through on the
odd hours, and cars coming north on
even hours. The paving has been com
pleted, but will not be opened up
entirely for 30 days.
FISHER MAY HEAD
TAX COMMISSION
Salem, Dec. 23. E. I. Fisher, secre
tary to the state tax commission, is
being - prominently mentioned as , the
successor to Frank A. Lovell. whose
resignation as tax commissioner" is
now in the hands of the commission.
Fisher has been secretary to th com
mission for the last three years, suc
ceeding Lovell in that position when
he became tax commissioner upon .the
resignation of C V. Galloway. Prior
to coming to Salem, Fisher served for
two terms as county assessor of Linn
county, and was for 10 years prior to
that a deputy in the assessor's office.
Fisher's name has been recommended
for the commtssionship and it is known
that the commission has him under
consideration. ,
Lovell's resignation has been in the
hands of the commission since Decem
ber 1 and he is only awaiting its ac
ceptance to leave for California. It is
possible that even though Lovell's
resignation should be accepted at once
no appointment would be made until
after the new administration becomes
effective, although both State Treas
urer Hoff and Secretary of State
Kozer will remain as members of the
tax commission and constitute a ma
jority of that body.
Los Angeles, Dec. 23. (U. P.) Po
lice -today took steps to learn the iden
tity and whereabouts of Lee Arm
strong and Vincent O'Donnell, follow
ing the receipt at the jail today of a
Christmas card addressed to Clara
Phillips, convicted hammer murderess.
The card bore the words : "Please for
ward." It was mailed in On.aha.
PA R DOS ED BT HARDING
Washington, Dec. 23. (U. P.)
President Harding today granted a
last minute Christmas pardon to one
political prisoner, John Pancner of
Detroit.
Emergency Board
To Meet Friday
Salem. Dec. 23. Secretary of State
Kozer, Friday, issued a call for .a
meeting of the state emergency' board
here next Friday to consider a de
ficiency appropriation of $2000 for the
adjutant general's department to cover
the expense, incurred by that depart
ment in extending relier to the citi
zens of Astoria following the recent
fire. This expense was incurred . in
feeding and providing beds for the hun
dreds of persons rendered homeless by
the Astoria conflagration.
Tomorrow's Happiness
Tomorrow's happiness is of today's good
habits made.
The happy habit of saving inspires other
good habits. It begets self -respect, self
reliance and beckons to independence.
Fortune seeks the saver.
The service of this bank will be an asset
, to your growing, financial life.
Start an account in our Savings Depart
ment now.
Consider well : A dollar saved is a dol
lar reserved earning while you earn.
Capital, Surplus and Undivided Profits,
over 17,000,000,
a guarantee fund for the protection
of our depositors.
t&ht BANKOF CALIFORNIA
Ztitml CAuociation
(A MATIONAt BANK)
Portland
lhim mid SUrkStrtttS
'Associated for three generations with the
best progress of the West"
2)earto tfie fieart of every woman
A DAINTY LAMP FOR
HER HOME
THESE
ELECTRICAL
GIFTS
Are Useful
Every Day in
the Year.
Toasters,
$6.75 to $9.00.
Heaters,
$8.00 to $40.00.
Irons,
$3.85 to $8.75.
Percolators,
$10 to $25
Waffle Irons,
$12.50 to $18.
Grills
$11.50 to $13.50
Warming Pads,
$7.95 to $12.50.
Electric Curlers,
$2.50 to $7.25.
Combination
Waffle and
Pancake Iron,
$16.00.
ELECTRIC
STORE
mn
Be Open
This Evening
pnHBSHMMnHniHHBMHBMBBsMnHM
Mr. Gift-Shopper
The problem's solved ! A well-chosen lamp
appeals to every woman. The home-maker, of
course, welcomes the added beauty of another
lamp. The business girl gratefully receives a
desk lamp with eye-comfort shade. Even
Mother or Grandmother finds a good reading
light the source of ease and comfort.
CHOOSE A LAMP
and you're sure to please her.
We'll help you make selection.
T , Alder Near Biroadwati -f
Portland RaiiwatjJLihi y Power Co. J
Reduced
Prices on
All Lamps
Prices on All
Our
Electric
Lamps N
Have Been
reduced
from
20 to 50
per cent
Fine Selection
to
Choose From.
0E30 .
ELECTRIC
STORE
Will
Be Open
This Evening
I
1
P
I-
I'POrrTLAND-j
6QtH)AS TEE STATE
OLviany jpeooie nave a
Iviistaken Idea
that. only those with modest income: buy on a Time Payment,
basis. -1 . ' ' 'j - '-
Nearly 90 per cent of the people are time payment purchasers tn
one way or another. The man in the street, the man in the
skyscraper, the woman on the farm, your next door neighbor .
all buy on a basis of so'-much-down and so-much-a-month. This
is especially true where there is no premium to pay on the pur
chase. -' - - '.':' : -i--V '-"'3V'l'!
This Company sells its Prior Preference, Shares for Cash, or, on.
a convenient Savings Planj-which means, in other words, J'time
payments." Time payments enable you to subscribe for a greater'
number of shares and make payments on them over a period of
months: Time Payments on Prior Preference Shares make regu
lar saving possible and profitable. Monthly payments as depos
ited will earn 7. When all payments have been made you get
your certificate of ownership of the stock and your earnings '
become greater than 7, payable in dividend checks every thr.ee
months. . ' s
These shares have paid three regular dividends and the fourth
is payable January 1; 1923. . '
Shares are $98.00 each, par value $100.00. , . t
1.4 ; '
On our Savings Plan you pay $10 down per share and. $10 per
month. The man or woman taking one Share is as welcome as
the one who subscribes for one hundred shares. '
,'!,
, , t ' ' '
Write for or call at our offices for more detailed information. 1
INVESTMENT DEPARTMENT
Portland Railway, iLight
Power Company
605 Electric Building - . Portland, Oregon v
She Bet
That Her
Jewels
i
Weighed
More Than
Her Clothes
and Won
It was nip and tuck between
clothes and jewels until the last
of Gabrielles seventeen brace
lets and the last of her gauzy
garments reposed on the scales.
Then the decision was an
Read the Whole
Story in .
Tomorrow's
What the Scales Revealed' I
CI,OTHKS - Termi JKWKI.H
Slippers i ex. Diamond tiara 4 ox.
. Dress tVi oz. Vemr Necklace f nt. '
Combination .. I o. Kin 1 ,.
Garters ....... V4 t. Bracelets IH ok. ..,
Stockings ox. Earrings ...... 1 ot.
Caemlse V4 o. Bar-pin ....... i'A oe.
Total . oz. Total ....... ItH or.
m 1 1 fTJW!. ASHM'-f - r '-t-w? ,jj nil mm inn
L " V
wm 1
w M:7-... -
mm- htifi i
These FUrny , "Fish-Nei" Stock
ings from Paris, spun Tith the
finest silk thread fi eigh only of
an ounce. - ' : -; .
IIDi