r Tne ' ofifenoN statesman, salem. Oregon TUKSDAY MdnNlKG, DECEMnEIl "25, 1020 GORDON CASE IS ARGUED i Judge Bingham Takes Mat , ter Under Advisement ; yfirtef to be Filed 4ndge G. C. Bingham of the circuit court for Marion county, yesterday took . under advisement the case if Leslie W. Murray, oT Portland against ' Herbert Gor tfoa of Portland, a quo warranto proceeding in which Leslie seeks to prevent Gordon from sitting as member of the legislature. His TODAY WILL ROGERS ' in "HONEST HUTCH" Tomorrow- JACK ; PICKFORD in His Latest THE MAN WHO HAD EVERYTHING" LIBERTY grond is that Gordon's election -as illegal for the reason that 113 was running for mayor of Port end in the same election. that; be was running for - representative. and he seeks to have himself de clared the le?al representative, as having had the highest vote of the defeated candidates in the Re publican primary, !i Paul Dormitzer Murray's jat orney, was given until Friday, to He a brief. s The argument centeied on the constitutional provision that ithe legislature Is the sole judge!; of the qualifications of its own mem bers, behind which Gordon's at torneys took rsfuge. In retali ation Dormitzer sought .to show that it was the duty of the court to prepare findings of fact and conclusions of law and submit them to the legislature for that iirrnco T 1 1 f i era ninli4m o e raA t Dormitzer what position the court ffturnln from, oversea! dut y with would be in it the legislature re- "c v,uYl"V aZ. w , f. 1 fu.'cd to accept his conclusions. " us" MllB?' asins I could not punish the 90 mem- ,ru; pprupr,a0. hers for contempt of court," he The r,TpT ows that this was declared. I accomplished in the face of a ueavy increase or expense, mcitid I in ii ww. wnui1. i WaM Hill 1 A A U MAKES REPORT State Military Department Comes Through Bienninm With Surplus Instead of a deficit which it faced last spring, the military de partment of t ha state will, finish the two-year period with a sur plus, according to the biennial re port of the department which was filed yesterday by Adjutant Gene ral George A. White. The report confirms the statement made by Colonel White last April when he resumed his state -duties after CUT THIS OUT IT IS WORTH MOXEY Cat out this slip, enclose with c and mall it to Foley & Co., 2835 Sheffield Ave., Chicago, 111., writing yonr name and address clearly. You will receive in re turn a trial package containing Foley's Honey and Tar Compound for coughs, colds and croup; Fo ley Kidney Pills for pains in sides and back; rheumatism back ache, kidney and bladder aliments and Fpley Cathartic Tablets, a wholesome and thoroughly cleans ing cathartic for constipation, bil iousness, headache, and sluggish bowels. Sold everywhere. . "Strange." murmured the edi tor, "that this anecdote of Lincoln has never been in print before." "Not at all' explained the oc casional contributor. - '"I only thought .it up last night," Bos ton Transcript. - V&utigerThaii His Years mence at once to restore your energy, strength and endurance by taking; Doesn't it make you feel good cause yoa'to straight en up and feel "chesty" when someone guesses your age;at ten years or so younger than you really are? .You look'1 into your mirror, smile with satisfac tion and say- to ' yourself: "Well, , he didn't make such a bad guess; at that." The point is:' You're no older than your vitality. If a man is strong, vigor ous, mentally alert, fine and fit at 50 he -has a better chance of living up to 80 than a man of 30 wha 13 weak and rundown has of living.up to 60. While hone of us can stay the years nor stop time, we ; should all . make an heroic effort to sue-1 cessfully resist the effects of time by ever keeping oiir vitality at par. ..'. : When you sense a feeling of blowing down of your physical orces when your stomach, liver, kidneys and other ortran3 show sstma of boweja ia weakness-when you notice rSTf, JS,r'&!rzZlSZ a lack ot your old time pep" XSSra"": . Ke,u and i TJUnC h" in nrh)AT U ' 5oi MaWacturera words, when you feci your vitality t-VKO MEDICINE COMPANY m on uia wane, you should ccm- Hew Yorlr - v Kanut City. M For sale by all druggists. ; Always in stock at Perry's drug storn The Great General Tonic This master body-builder Will heir yon keeo youne ra spirit ana menta and physical action, because it wiB ait Nature in maintaining; yoamtahty at par It enricbe the Wood, restore wtjrn-out tissue aoothea jaaetinr and oror-wroorht nervea. hi doeea sound refreshing; aleep. sharpcB theapp tire, tone on tha djrestkm in abort, will put nc lifa, new YisnrS and new rim io every libra cf ' your body. : Yon wUt ba surprised how much bet tr yoa'U feel after taking a tr-t-nentof LVKO. if you are tired and worn out. nervousty, and 1 physically ex. I haunted. It's f 1 mildly laxative f " 1 -keens the I J i Bar? W 1 V i Ing camps, schools, reorganization work and the establishment of an official bureau -for war rec ords, all funds being applied for essential purpose? and additional federal aid being secured for the department. i .... Xaral Militia C"nt Out. Fire thousand dollars will be turned hack to the state, in lien of a deficiency appropriation, al though no part, of this will come from the national guard funds which were . just sufficient to bring the guard through to the fnd of the year. - The money to revert will be from the naval'mil itij arpropriation. Col. White's report showing that he put an end to naval militia activity last July, after finding. that it was main tained as a purely state force. without recognition or support by he navy department.- He recom mends the dismissal of the pres ent naval mtlitla, made up of a mere handful of men in Portland, saying: "I - recommend that the naval militia "as constituted at present be dismissed, as I am unable to convince myself that such a force. - maintained as. a state force, is able to serve any useful purpose so far as -national and state defence, is concerned nnder existing laws and the pres ent policy of the naval depart ment." - V - . At the same - time lie pays a tribute to the naval militia as it existed at the time of the world war outbreak, saying that these men responded as a unit to the first call and served throughout th navy and In every kind of arduous service. Guard Xatton Defence. Importance of the national guard as a part of the first lin? of land defence is emphasized by the report, which says that the burden of national defence .has been thrown back upon the na tional guard under the new de fence law passed by congress last June. The national guard is sub ject to call, day or night. In event or invasion or war abroad, the report states.' and it Is the citizen soldiery of the national guard who again must stand the brunt of the first buttles, holding an enemy at bay while the country goes inrougn tn process of get ting ready.. His final repcrt as adjutant general,, made in 1917, when he left his stale position In order to volunteer for service with the army overseas, is Included with the statement that it was omitted Irom the biennial report rendered ' ' . . A .1 (..... -1 I ral Beebe. Soldier Relief Urged. The 1917 report shows that he left 190,000 of the national guard appropriation after completing mobilization, the war census and organizing the draft. His recom mendation at that time, as showa-v l y this report, was that $76,004 of that sunt be nsed for relief rases of Oregon soldiers in the army and their ' dependents, and that all purely stnte military ac tivities be brought to a standntill until after the war. or until the r.ew military policy of the L'nfTed States, following the war, bad been shaped. Tentative establishment of a lureau of war records has been undertaken In conjunction with the federal government, the rer port shows. The aim Is to set up tin accurate and official record of the part played by each of the 35. 000 Oregon men In the world war, including an official honor roll ot Oregon's dead, a list of the wounded and other details of the state's activity in a national way.' , k Sale of Projxrty Advocated. Recommendation is included that large store? of N military equipment now stored la Multno mah county to sold. This equip ment was purchased by the state to equip the state military police, which nourished during 1918 and !919. and also to equip the first units of state forces formed dur ing the war.. It is shown that the government furnishes better equipment without cost to, the state for the present federalized national, guard and that there 1 no use at present for the state military property. 'That the national guard is an important . payroll Industry, as well as a national, defence force.' is made clear by the report, which shows that each man attending drill receives pay from the fed eral government. It is estimated that the distribution of federal money in Oregon Is larger than the amount required from, the state 'for support of the national guard. HOFF URGES BOND BOARD State Treasurer States Ob jections to Direct Par chase oft Securities APrMitten.er COMPOUND COPAIBA and CUBXSS AT YOUR DRUGGIST O. P. Hoff. state treasurer. yes-H terday Issued a statement reiter ating the recommendation con, tained In his biennial report that a commission be created by legis lative action to handle the state's bond purchases. Advertising for bond he believes would result la purchases on .a competitive basis and orfer the least chance for criticism. The statement points out his objections to direct pur chase of bonds from the Issuing municipalities. The statement follows: "Information concerning mu nicipal offerings ts acquired through circulars and from rep resentatives of the various bond houses in the state, who call from time to time. "When funds are available for Investment the Mate treasurer se lects from the offerings toms eli gible bond, giving particular atten tion to. first, the security aiiord- ed. and second, the interest yield-1 A letter Is required showing amount paid by bond houses for the bonds. Request of municipal ities for this Information Is rare ly complied with. He then re quires a written transcript of all proceedings together with the opinion of the attorney for the bond house, which are submitted to the attorney, general, and the purchase is completed only on the written approval of that official as to legality "Concerning the suggestion that the state's Interest would be sdvanced by buying direct from the issuing municipality, there are more considerations than appi at firsts "For the plan it may be said. the margin ot profit paid . the broker oa the resale would be eliminated. , "Against It, would arise the ne cessity fr the maintenance ot a spsclallzed and highly deveiopea bond department with Its purchas. Inc. valuation and office ends. The additional security bow af forded by the Investigation of the bond bouse as to security and le gality would be missing. Again, tunds are available for bond pur chases at no very regular periods. When the balance to the credit of any particular fund. M available, ecxedea a eertaln amount, the-balance Is Immediately Invested, should the state buy direct from the Issuing municipality, there might elapse months when there would b3 no satisfactory offerings and the slate would lose 3 1-2 t 4 ner cent on thee moneys, ana when securities wer offered the state might not hats the money "These are all tnauers which should enter Into a consideration of this question and the very ser ious queatlow If y material ben efit would result should be pre sented to the bond commlssloa when formed for the opinion of that body. "Mr. Hoff will suggest to the bond commission, if formed as be hs reeommewded. 1h advUaHl- Ity of advertising for desirable of ferings of mualctpal bonds when the state has money available for porchatiag. In this msaaer believes a competitive basis will b tabhd In buying scurltle as ia other rraers! n,rtfe,t f the state's arrovat. as1 ttst 1 practice, especially vfcta nt are three on the psrtu.j. board, tfrf la least c&t&ce . entirism."- r Kill That Cold With CASCARA. M QUININE CaJ.s, CwBtii OMV La Cripst i Neglected Colds axe Darercus Take ne cbsacee. JCep this staadsfd rts4t!y teftdy lor this Int aa Breaks ajp a coii In 24 a awra P.3ryo v Grip? ta 3 dr-EitC4 (or IUaak Ovinia in thai form 4m not sfiect tSe Ual-Cawcara la s Ta Lsssrtve- We Opiate la H-3s ALL DRUGGISTS SELL IT REC03IMEXDED TO SCHOOL CHILDREX This Is the season when chil dren are subject to croup, colds and coughs. Rena C. Marchard, 26 Lawrence St.. Salem, Mass writes: "I used Foley's Honey and Tar with good result. I had a very bad cold and It gave me re lief at once, so I recommend ft to every child that goes to school. This standard, low priced medi cine loosens and clears mucus and phlegm. checks,strangling cough ing, makes easy breathing, soothes and heals raw, inflamed -mem branes, and stops tickling, la throat. Sold everywhere. ' Oil Syndicate Seeks to Make Mr. Handle j Art Chief Justice McBride of the supreme court yesterday , issued an alternative writ of mandamus against T. It. Handley, state cor poration commissioner requiring him to appear January 10 and show cause why he should not pass on an application of the Su perior Oil &. Refining company Comanche. Tex., for permission to sell stock in Oregon and either approve or reject the application. A petition on behalf of the com pany was filed by A. M. Crawford and J. G. Richardson, attorneys of Portland. The plaintiff, a common law concern, made its application No vember 29. Corporation Com missioner Handley refused to ac cept it. on grounds that it hhould operate as a trust company, until he had submitted it to the attor ney general. Attorney General Van Winkle sustained Handley's contention and held that the com pany should come under the state banking department. On the basis of the opinion . Handley . refused ta pas3 on the application. TODAY Wednesday and Thursday Hig Doable Show I . ' . - r 'The Speed O Picture Also The Original CHINESE MAGICIAN The Big Norelty .Vaudeville. Bligh Theatre Back to Pre-Yar Prices The same grade quality vre hare always tandled. Colors: Black, WHite, Old Rose, Plum, Nary, Green, Copea, Beije, Taupe, etc 36 inches vride, per yard. iX$ f0teWe start intentory this week. All odds and ends and broken lines below cost Gale Commercial and Court Street Co. ' Formerly Chicago Store 6o iiclis of the block Purola Shaving Cream Works up into a fine, creamy lather that stays put. No drying on the face or irritating the skin. IrKiiiiHliiiii-livililiiiiiii' wmmmmx . mm? v ... ,' V. Speedy?. Once round with the sec, ond hand is all the time you need. Soothing? LeaveyD1ir face feeling ' fresh and joyous. . Economical? One hundred and fifty shaves in every tube. And if you don't agree with US re turn any part of the tube to your dealer and get your money back. Good druggists sell Ptiroli. fawy fmmtm Prwpin udmm it aria. Trmmi Lmbmrwmrmm. Pmlmmd. Or. r&..2-T- t ra . z . . -: jf . J.' IliiillBllS; V. m 4a I I til LI I ' a 1 Booth to be Renamed on Highway Commission Governor Olcott announced yes terday that R. A. Booth of Eu gene will be reappointed as a member of the state highway com mission when his term expires on March 31. . Mr. Booth has been rhairman of the comininsion fin re the resignation ot Benson. Booth was appointed on the com mission by the- late Governor Wilhycombe April 1. 1918. to succeed K. J. Adams of Eueene. "Because of the fact that the legislature Is soon to meet. said he governor, "and, I think It proper that the members of the legislature, as well as the public, should tnow what th- personnel of the highway commission will be. I wish to state that It Is my intention to . reappoint H A. Booth of Eugene as member of that commission when his term expires on March 21 next r aaMajaia-a.aaaBaB i Crook County Bank Fails at Prinevitte Yesterday A telegram was received at the office of Will H. Bennett, state superintendent of banks, yester day, announcing the failure of the Crook County bank at Prine vllle. The board of directors vol untarily voted to place the bank in charge of the state superin tendent and await an examination; to determine the exact condition of Its affairs. The bank has been nnder sur veillance by the state banking department since (he last exam ination in September. At that time the bank was solvent, but Lwas in a weakened condition. When the telegram was received jesterdav an examiner of the de partment was already on his wsv to make- another investiration of the bank. It Is said the failure of the firm of Morris Bros. Inc.. of Portland had nothing to do with the failure of the bank. Did You Get ' DUPLICATE. ELECTRICAL GTFTS Do you want to exchange some of them? Call on us if you do. We may be able to accommodate you. Portland Raihvay light & Power Co. 237 North Liberty Street Mi ih8:Cknifi?3;Adj. - : . ... . . a4 Urn -