The Oregon statesman. (Salem, Or.) 1916-1980, January 18, 1923, Page 3, Image 3

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n-'-r.se Waives Right to
7 'ress -Itiry Judge to
- r.-epare Instructions
JJARI0N, 111.,' Jan, 17. I By
The Associated Press) A11 argu
ment the trial -off five men
I barged with tie murder of How
4f( j:jffnan; one of the victims
tLi lierrin; nois, 4 was euueu
u ' lenly today -when Angus W.
e;r,' chief counsel v announced
tit V-e defense waived Its right
toTwresj ;the Jury,. , , ,,r:
. f ArnouncroienC Unexpected " "
frLe ronexpecteAi "announcement
r i wade nef oe7a crowded courts
r0 tt,the opehfng o th.after-
I ... ..f'iwVni!14ntiMv'" Wdprprt nn
R 1 -" "- AVntIL Iff . o'clock to-
SiocTCKWOTtiins: o-permit him, tq
f Mnare his' Instructions ' to the
t'ader the Illinois law attorneys
1 fn tbA defense and prosecution
Jt alternate. -in making final argu-
menu to the jury. The prosecu
tlon is entitled to make both the
opening , ana' " closing aaaress.
Yesterday, when the state rested.
the defense offered to submit the
jjse tdthe Jury at' once -without
Further argument or-Instructions.
The offer 7'. was-refused by the
art. ccotion ;. and Otis: Glenn, as
gist ant attorney general, told the
toz t this morning 4hat the state
red bIx . hours tor argument,.
Ed ,ard J.Brundage,'.' attorney
g er. ral, arrived from Chicago on
tfae morning tram witn tne mien
tax.4 of making- a brief , statement
during the argument on the neces
sity 'for law enforcement. '
i - - -., . - -
j llr. Kerr refused to make any
agreement regarding the 4 . length
of argument. - ?;'v''.-V:;'-- ;:;
Tie entire "morning session was
tat a bp with, the argument of
DeMs Doty, " state's attorney of
AVn iamson county, who discussed
the evidence, explained the appli
cation of the statute on murder
hj conspiracy t6 th present case,
declared s that 'the state had
pre red all of the defendants
ju:.ty beyond a shadow lofja, rea
socabel doubt.'.He 'described the
m.'je as a "rat hole1 and said that
Its handtu of defenders had with
stood a hail of bullets for half a
Jday and a night; Jle declared that
af:;r ttfey had thrown down their
arms, surrendered and -Been as-
surel of" thelr7aleiy,- they, were
let put of the-pr'and: twenty of
f: -them brutally i slain. He declared
f V 'that, under the law defining iurt
i denbi conspiracy. : it was : not
, V ... . .
.net v;Bitr- 10 snow laai any 01 m
defendants, had W actually taken
-part In Hof fman'g mwder. -
' ' ' lef endants "Restless '7. ' ' '
y Tf they iadv led. Hotfman and
ths' other men out of the mine,
. they anj guilty of mnr
dey conspiracy Just as much as
thctgh they had participated dl-
re ' ly in the killing." he declared.
, "L it we have ' proved also 'that
they did take part In the actual
killing.
' liaire 'shown : these defen
dants, either actually engaged rln
acta of barbarity that almost pass
belief, or were present at the time
with- guus. in their; hands." - .,
as ine state's attorney, spoke,
Peter HJller, one , of the ' defen
dants, feanpd forward with his
head. In , his hands and others
moved restlesssliy. In their chairs
racing the Jury. Behind them sev
eralhundred spectators, farmers
and miirers, in their workine
clothes, and many women, listened
in Intense silence, j '" v '
More Canes Xater
VThe first acjt In the conspiracy
that red to these killings did not
take place at Ithe mine," he de
dared. "First hardware; stores
were raided and guns seized and
Just a few hours before the shoot
ing, commenced at - the mine a
truckload of men on its 'way to
tfra pit. was fired on by hidden as
sassins and three of its occupants
were wounded. All of this goes
to show the conspiracy that eix-
isted." ; 'n t ;
'A. Before departing ; for Chicago
tonight. Attorney General Erun
dage declared that the case had
oeen most difficult. . but. it had
been, handled as well as was hu
manly possible, t j
j 'Uesplte the intimidation of
witnesses and, the I environment,
the state presented 'every particle
of its testimony and did It won
derfully well," he added, -
More cases growing out of the
riots will be brought to- trial as
early as possible, he said.
Ail-ilUEN, BILL
BEING HELD IIP
' " 1 n " ' V; i
Portland Opponents Desire
to be Heard; Open uom
mittee Meeting Soon
L. COVERS ,JTH05I IiA.- GRIPPI2,
.v'T7as Very bad with LaGripp
am' had a severe cough. ' Tried
V:ys Honey - and iTar -and H
.stcrjed my cough and I got bet
ter." writes Mrs. Mary Kisby,
Sr:kaae, Washington. ' Coughi
iretulUng from LaGrippe- Influ
'; en. a. Bronchitis, j Whoopln
, Cc h. Asthma, . and Spasmodic
CrcaD 'are auicklv relieved-with
j Foley's Honey and Tar. Containffbcadell ito
v bo , opiates ingredients "' printed
J on the- Wrapper.. . Largest selling
coujh medicine in the World. Re-
for substitutes. Insist on Fo
ley '1 Honey and Tar. y Sld every'
To permit 1 opponents of the
anti-alien' 4 land bUl, f introduced
h Representative Huston di
Portland and Bailey of Lane
county,? and i officially known as
house bill . 34. to appear and
register protests; the house Ju
diciary committee will hold an
open hearing next Tuesday, night
on .this bill. ! " '
Consideration was put, over at
the - request of Sanderson Reed
of Portland, .who telephoned to
D. C. Lewis, chairman of. the
committee that members of the
chamber: of commerce and other
Portland organizations - wished, to
ha Vao v a wtA hill X t . 1
'.The pleasure, . which has. the
endorsement ' of the---Araericajw
Legion as well as" certain- fra
ternal organizations, is modelled
closely after the ! California anti-
allen land bill, with the . added
features imposed '! by recent court
decisiohsr and bars' all - 'persons
net eligible -.tor citizenship from
holding property in the state.
The committee reported favor
ably . on I Representative Graham's
bill permitting school districts
to exceed ' their "bonded 'indebted-i
ness limitation . long enougn u
refund outstanding bond '.issues,
and on ReprtsentatiTe ; Ham-
mond's measure ; providing for
the"1 filing of federal liens . in tthe
offices'' of county clerks "and re
corders 'throughout' ; the state. -
4 Graham's bill arose jrom the
fact that practically all .school
bonds; are held la pastern bond
markets, and, the 4 district . would
in . many , instances .exceed j the
five per. cent limitation i if it.,ws
the;l limit and then
issued refunding bonds to take
up earlier, issues. ; The bill per
mits such an excess only, during
the time the bonds arp in traps
it between the district , and the
holders.
CHQQL BILLS
LOSE I HOUSE
"Against: 7 Bailey. . Bennett,
Blowers, Bolton, Buchanan, Bur-
dick, -Carsner, Caryii3owgillrCra
mer, Ezell, Ford. :Goin, Graham.
Hammond, 7 Hesse, Hunter,! ! of
Union, Hunter of Wallowa. Hurd,
H uston, Jackson; ' Kay; Keeney,
Klrkwood,' Lee', Mann; Miles, Mil
ler, McMahan of. Linn. 'McMahan
of Marlon, ,Mc Phillips, Overturf.
Suf frane and Dental niinift Randall, Reynolds,; Schurlmerich
n l. nA PN , . Bf ; J aueiiuii, oiuiiu, imuuc, imuiuu,
Dllli UU UUWIi DCIUiC
Heavy .Majority
Wheelr,?tWilsonrf !Kub 44f
Campbell, Gordon and
By overwhelming majorities
the. house yesterday mornlnr
swept down to defeat Representa
tive Woodward's
for. the creation of dental clinics
In district schools and the exten
sion of ..suffrage at school elec
tions to all residents of the dis
tricts .
The dental clinic bill 'was' de
feated by, 4 negative r votes and
the suffrage bill - went down1 be
fore 56 negative votes.
, Blow, to Organization
It was upon the suffrage bill
that Representative - Woodward
who is a director of the Portland
school board, ran, for the legisla
ture,-and his defeat is considered
a particularly crushing blow.
There are plenty - of members
of the house who see In the ava
lanche of negative votes east to
day, the breaking' up of all sem
blance of ... organization in the
Kubli - camp, and-some see th-
death knell of the organization in
today's vote- . f , ' ,
7 Fanners 'Against- Wall
The keynote of the opposition
was s probably sounded; by Repre
sentative Bennett in a speech In
- ; ,v "tt
1
Absents
Jones 37 ' Vif.' -.W ;AV
? The vote . on the suffrage
follows:' ;77v
Forr Iritwd;Lv'e'tov76lm-
bifls. providing I mnn. wo,. :-t
Against: Adams, Bailey, Deals,
Bennett, Bolton," Brownell.vBn
chanan, Burdick. Carkln,7farsner,
Cary3 Cowglll, CramerFletcher,
Ford.' Coin, Graham, Hammond
Hesse, Hunter of tTnlStt, Hunter
of Wallowa; Hurd,' Jackson. JohesT
Kay, Keeney; Kuehn, Lackey. Lee.
Lewis. , Mannf, Meindl, Mnes,7Mil
ler. Mott, McMahan of Linn, Mc
Philllps. Overturf,; Peirce, ' Ran
dall, Reynolds, Schulmerich, Shel
ton. Smith, Throne, rf Watson;
Wheeler; Wilson, Kubll 50. '
Absent: . , Blowers, 7 , Campbell,
Ezell, Gordon, Hurlburt. McMa
han of Marlon C, , 7
FEDERWIOil.Tfl:
UMBER
fJiEETIT
Annuafc.ieetian of s Officers
to. Be HeldProminent
iMen Are Scheduled
I The Maharajah of Coocb. Behar
is dead at the age of 36, but there
is no (George Lanigan to write of
his death as 'he did of the famous
AhkOond of Swat. Wonder If there
is and hoochr In Coocb? -x- ' '
"ktf urgent appeal was made
Wednesday noem at the Rotary
cjib funcheon.'vfor 'the business
men of Salens to attend the'Marl
on' County. Federatlop- meeting at
the , Chamber
far greater distance, more and
better travelers, and an infinitely
greater-goal to be ; achieved.. .
: , There, ar, 22 7 communities 7 in
Marlon county affiliated with' the
county federation, and all are ex
pected to be represented tonight.
A light luncheon.- will be serged,
along with the literary and musi
cal features.- ' - ..,'
of.. Commerce" to
nights." The., annual election ot
officers will "be ;one' of ; the , first
items1 bf7 business, but the' really
big'; thing will; be the - Important
guests, who-arer-to" attend; One
of these will be"BlIl' Hanley,
of ' Bead,'' president 'of '- the state
chamber of; commerce, who will
tell about Central', Oregon ; "and
what' the state wants in the way
of . better; railroad facllltfes, as
well as ot the : work of the state
chamber, and of the Oregon Devel
opment4 League. ;:' '; '
! Walter BV MeachamV president
of the Old ' Oregon Trail associa
tion1 and a poet and word, wizard
extraordinary. Is expected to be
there to - tell about the old ' trail
over which most of the original
Oregon fans came to the state. It
is a beautiful, thrilling story,, and
as Mr! : Meaehatn tells it ' It be-'
corned another Odessy,' only with
Heavy Rain Sends Amazon
Slough Out of f3ank& Again
EUGENE, Ore.. Jah. 17. A
heayy, wind) storm early today
caused, damage'. , to ; power, tele
phone and telegraph lines in th
part of Oregon. Nearly two Inches
of raia fen during the-24 hours
ending tonight at 6 o'clock and as
a result the riyerg again are ti
ing, but it is not - thought there
will .be a; repetition ot the, freshet
of a few days , ago; The i Amazon
slough in - the .southern part of
Eugene was out of its; banks: to
day and many yards were .under
water; ' :!..-
1
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oonm m nnnn
.IlilllVLI IIUUU
BILL PASSES
Measure by Strayer One of
1 Important Highway Pro
posals of Session f , ,
.the
di-
An eminent Scottish preacner
was , trying, to explain to an old
lady the meaning of the Scriptu
ral expression, ''Take up thy bed
and walk." He informed her that
the bed was simply a mat or, rug
easily taken up and' carried away.
; ,"Na, na. waa" her reply: "I
eanna believe that. The bed- was
aj regular,, four-poster. There
would be no miracle- fn walking
away wi a bIC o mat or rug on
your back." Presbyterian Witness.-
,--f .".' '-' --; ' - !
The senate yesterday passed
Sena tor Strayer's measure 7. pro
viding that' the constitution: ot
market; roads shall be exclusive-,
ly7 under the control and super
vision "of ; the county 7 courts ot
the respective counties. V. ..
This is considered one of - the
Important' highway : bills of the
session; and 7 is expected greatly
to enhance Market road develop
ment. As amended to eacclude
1 the Columbia- River hlghway-and
Old Oregon trail, ... the.. Pacific
highway and West Side Pacific
highway, and Mount Hood loop.
The' bin had the unanimous ap
proval of. the. senate road ana
highways committee; k - v
5 The Strayert amendment strikes
out ' from. the . old Jaw the! pro?
vision, that U shall be the duty
of any county court, to request
the state highway commission to
furnish plans and specifications
for the i construction of any pro-
r.naed market roads. and' to su-
grades, and that in thst evf
the commission shall furnish tr.a-
plana.andi specifications .to . t:
county and supervise the surrey
and. -establish the'? grades, tr " '
expensej ,to be; paid from
market road ' fund. i.
. Senator Strayet 1 aald . that
rtst of the bill Is th at 1 1
vorces market road . consiraciion
from the state : highway depart
ment. It changes the present
system In ; that it will ailow
county 4 courts -to apply market .
road money, to market roads ttiat
have 'been- designated as atata
highways..; 77 ; ? T--; -7 ;
T All members . voted for the b4 H .
except ' Corbett. 7 Dennis, . Robert
son and Smiths - " W '
Benton to Represent
firpnnn m Afnumrnt
The public . service commission "
and the interests of Oregon. w HI ; ..
be represented in the Southe-u
Pacific-Central Pacific' argument-
before: - the-: interstate ; eommercn "
commission 4 Friday of. this week.
pT "John E.' Benton of Washius ,
ton,. D. C who represents a num
ber of public utility commissions:
In th national i capital. , .. .
: i;Benton is -urged, to read tL
Oregon .commission's r brief . care
fully, and telegram cent to hlrv
later, last 7 night urges that loiat.
use of the Central Pacific Into th.
Willamette valley. Is essential to '
Oregon's development, ; Mr Bezw
tm TepJUdL 14 ajr telegram today r
that -hf? wswld present Oregon'
pervise- the ' surrey and . estaMisn case. ' r
";
f AS
,4
which." he pictured' the taxpayers fV'Wflww!!!!!)! mmm 'miwM''m''
of the state, their backs against j''"'"1" MiiiitiliwiiiwiiiiiiiHHiiuii.iii
i. A NEW MANNER OF BUILDING
CHURCHES.
v
T ,!., , . i ii . i .. .in in in. i .iiiiiiiwiiJi'nn1 ' in-unluinm"WJ"i '"V
1, -' 7 J- ? ' "'r '7 r f
I - - Tr ' V ' I . - - ."j'f
' V ""':n,iA'U y. A-1.- 7
. L ,.silf it, U 5 -i .-5; VtsUJ Vt. (;
' r - .-'Hll r'Ml ' -Bl,l hi. V
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ik. . , i.. ua a
e..'w' -77 t.VKtM;n'f t ' churches alone more modern
Ideas and pUns. The present churches are of steel f"c";e'
the steel framework being erected first before the concrete work
. Is begun. The steel framework is said to male cthe churches safe
irwra possiDie aamage w case va mvjv.
the wall, fighting for the exist
ence of t their . farms and homes.
from the encroachment of. taxes
already almost more severe' than
they can bear.' I .
RepresentativeFord of 7Grant,
an ex-school - teacher, argued that
the dental bill was a, step toward
paternalism and that it opened
the' way rfor medical; inspection.
optical - Inspection and the in
spection of the feet, and corns, k
' i . Promises Recalled " ?
"When you , were elected, said
Ford, 'you pledged, yourselves, to
not increase taxes, and I call upon
you to turn back to thaf; pledge
and'-, read : it again. ; I made only"
one pledge, and . so - help me God,
I am going, to keep it if I can.": '
In support ot his dental: bill
Woodward ;argued that it was in
no sense 7 mandatory, f that it' did
not make f any additional - appro
priation and that experience lth
a similar Jaw in Multnomah, coun
ty had proved the value of such
Inspection and treatment, A ,
, . Representatlye Lovejoy X also
spoke In support of the dental
bill and said that his only objec
tion was that It i was not manda
tory.': ' ?.' - ? 1 r
; 7 Limitations Itefosed 7 ;
: Woodward emphatically, refused
to limit the Operation ot the ' bill
to MultnOniabVeopnty by Hhe ad
dition of ' clause limiting it tto
counties of 100,000 ' population,
suggested by ' Representative Car
kin, s- . t -
Following the -defeat ot the
dental bill, Woodward realizing
what had happened to the organi
sation of the house, moved to have
the 'suffrage bill made a' special
order of : business for 'next Tues
day, which - was countered' by a
proposal to indefinitely postpone
the bilU It was finally agreed
that the" bill should come up for
final rote. , ' ',
In support of his bill Wood
ward "argued that many , mothers
of children have, no opportunity If
to vote on matters of finances-in
connection with school districts.
despite, the fact that their1 inter
est is probably the greatest I of
any. He also argued that wealthy
property, owners, without interest
in . the school children could nulli
fy the' action of those who would
mprove school buildings and pro.
vide additional facilities. ; I ;
Representative' Lovejoy in sup
porting Woodward, - argued that
to be consistent: it nothing else,
the same' voting' privilege should
be extended ' on school financial
affairs -.. as Is granted : on ' other
bond issues. 1
School teachers., probably the
most vitally interested,; Repre
sentative Keeney argued,' hold lit
tle property and probably only
about 25. per cent - are- property
owners,, which would be a dan
gerous feature, he said. .1
In voting for the: suffrage bill
Representative Huston ot Mult
nomah explained that he bad
agreed t6 vote for this measure
during the campaign and for that
reason voted yes, and 1 Represen
tative ' Lewis ; explained that he
would have voted In favor of the
bill if it was amended to include
only citizens who could' read and
writ; English, '
' ri;:. "Kay Talks '
Before easting his, Vote against
the suffrage bill, Representative
Kay ot i Marion1 stated ' that two
years, ago .Woodward had aided in
a ' move - which extended suffrage
In these elections to the head ot
a house, whether property owner
or not, which ' was answered by
Woodward 7 with the statement
hat this ; revision of the law ap
plied only to districts of the third
class, and that first and second
class districts were - not - involved.
. 1 The vote on the dental bill f ol
lows: ;T;;;
i For: Adams, Beals, Brownell,
Fletcher, Hurlburt, Kuehn, Lack
ey, Lewis, Lovejoy, Meindl, Mott,
Simmons. Woodward 13
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UVTF I WERE AN VERTISER
- 4 I would buy CTOulationLarge
Girculation-wherever I could. But
I wouldn't if buy circulatioh alone.'
i7
WU'D BUY READERS-but I would
fli not tuy Readers alone; Fd buy
Interested readers.
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