Heppner gazette-times. (Heppner, Or.) 1925-current, September 20, 1934, Image 1

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Volume 50, Number 27.
Subscription $200 a Year
Would Sacrifice His Life
for Constitution,
Lions Told.
Those Who Want Democracy Over
thrown Do Talking; Ed Dick,
Jr., Tells Applications.
An impassioned and forceful plea
for upholding the constitution of
the United States was the contri
bution of S. E. Notson, district at
torney, before the Lions club Mon
day noon luncheon in commemora
tion of National Constitution week.
A short, well organized talk on ap
plications of the constitution was
also given by Ed Dick, Jr., high
school student.
The Lions voted to enter a skit
on the library stunt night progam,
October 17, in charge of E. F.
Bloom, chairman, Jasper Crawford
and J. O. Turner. Dr. L. D. Tib
Ibles, local osteopath, was introduced
as a guest, and the club was pleased
to have P. A. McMahon, state po
liceman who has been ill for some
time, with them again.
Much talk is heard these days
that the constitution has outlived
its usefulness, one speaker recently
likening it to a stage coach in a day
of airplane travel. Such talk comes
from a comparatively few oppon
ents of the constitution and not
from the mass of people who are
its friends, Mr. Notson said.
He cited Gladstone as saying the
constitution is the greatest instru
ment ever penned by the hand of
man. While based largely on the
old English common law, the foun
dations of the constitution can be
traced back to the Grecian empire
when the principle of restriction of
majorities was first recognized, and
even to the laws of Moses, the
speaker said.
"The principles Inculcated in the
constitution were written there by
the blood of men sacrificed in many
wars, and on these principles lies
the justification for democracy. I
for one would sacrifice my life be
fore I would see the constitution
overthrown," the speaker asserted.
"Those who would overthrow our
constitution are not in favor of de
mocracy. They are advocates of
either Facism or Bolshevism, rep
resenting either those who believe
the masses to be downtrodden and
who desire a benevolent dictator, or
those who desire class rule."
As the oldest written government
al document of its kind, the speaker
praised the system of checks and
balances incorporated in the con
stitution, which delegated powers
to each the administrative, legisla
tive and judicial departments of
government intended to be unin
croachable upon each other. He
quoted a former president of the
German republic who spoke before
the American Bar association Ave
years ago, as saying that the great
est thing about the constitution
is its creation of an independent ju
diciary. Any interference with this
department of government by either
the administrative or legislative de
partments is a direct attack upon
American democracy and Bpells the
doom of this democracy if permit
ted, the speaker asserted.
The speaker cited ways in which
the constitution may be frustrated,
as has been suggested or is being
done in practice. An attempt has
been threatened to increase the
number of members on the supreme
court from nine to twenty-one. By
thus "packing" the court it would
be possible for the administrative
department to control the court, he
said. One of the intentions of the
constitution is now being frustrat
ed by administrative control of the
legislature through the handling of
political patronage, in which the ad
ministrative department bargains
for legislative support through per
mitting senators and representa
tives to name political appointees.
The constitution gives the execu
tive department the appointive pow
er, and that power should remain in
that department, the speaker as
serted. Not even a town postmas
ter should be recommended by any
one, except it be the folks at home,
he said.
In his talk, young Dick cited that
the first tests of the constitution
were made during the time of John
Marshall as chief justice of the su
preme court from 1801 to 1835. In
that period many test cases came
before the supreme court for de
cision, and the force of the consti
tution was evidenced.
Among cases decided by Marshall
in that period were several that
gave precedent for laws that have
stood the test of time. Four of
these were cited by Dick. One es-
tabllshed the right of the federal
government to supercede the acts
of legislatures. One secured the
right of contract by prohibiting any
laws to be passed which would im
pair that right. One gave the fed
eral government control over all
waterways of the country, Anoth
er prevented the levying of unfair
or discriminatory taxes.
Harry Wells has assumed the po
sition of clerk in the Dlx grocery.
Oregon Dairymen to Get
Cash for Cleaning Herds
Provisions of the Jones-Connelly
bill passed at the last session of
congress provide Oregon dairymen
with the first opportunity they have
ever had of ridding their herds of
animals afflicted with Bang's dis
ease (contageous abortion) while
being paid indemnities against ex
cessive loss, say officials of the
dairy department at Oregon State
This law, which considers the
eradication of this disease to be a
public health measure, is being ad
ministered by the bureau of animal
husbandry of the United States de
partment of argiculture, in cooper
ation with the state colleges and
the state departments of agricul
ture. In Oregon the work will be un
der the leadership of Dr. S. B. Fos
ter, representative of the B. A. I. in
Portland. Plans are now complet
ed to cover the state county by
county, giving farmers an oppor
tunity to sign the contracts with
the government under which they
will be paid for disposing of react
ing animals.
Under the new federal plan, those
who sign the contracts will agree to
have their herds tested free of
charge, and, in case reactors are
found, will dispose of them and
clean up the premises in an approv
ed manner, and will continue the
testing at intervals after the clean
up is made.
In return the government agrees
to have the animals appraised that
are found to be reactors and to pay
the difference within certain limits
between such appraisal value and
the amount the animal brings for
slaughter. The amount of cash the
government will add to the "sal
vage" value of an animal is $20 for
a grade and $50 for a purebred.
The blood samples will be tested
In the laboratories at Oregon State
college where veterinarians many
years ago worked out one of the
first successful methods of controll
ing this disease in dairy herds.
Oregon is already in the forefront
of the states in Bang's disease con
trol work, thousands of herds al
ready being accredited disease free
under a plan administered by the
state department of agriculture.
Speakers Arranged for
Institute Next Week
Speakers for the annual teachers
Institute to be held in Heppner next
Thursday have been announced by
Mrs. Lucy E. Rodgers, county school
superintendent. Included are Dr.
C. A. Howard, state superintendent
of public instruction; Dr. Rudolph
Clemens, the new president of
Whitman college, with M.A. degree
from Harvard who has served on
the faculties of Purdue, Northwest
ern and Chicago universities, whose
topic will be "American Education
in 1934"; Miss Peterson of Eastern
Oregon Normal school, "Music in
Rural Education"; Miss Cornelia
Tomes of the Pendleton city schools,
"Methods in Teaching Arithmetic
and Remedial Work in Arithmetic."
Bert Evans, Heppner high school,
will conduct section dealing with
correlation of English with other
subjects in high school.
Group singing will be led by Laur
el Beach of Lexington high school,
and F. T. Brumbaugh, county su
perintendent of schools in Wasco
county, The Dalles, will represent
the Oregon State Teachers associa
Sarah Delila Sutton, 72, died last
Saturday at the home of her son,
Monte Bundy, four miles below
Heppner on Willow creek. She had
been 111 for a month. Graveside ser
vices were held Tuesday afternoon
at 2 o'clock at Pendleton, Joel R.
Benton, Christian minister of Hepp
ner, officiating. Mrs. Sutton was
born at Dayton, Wash., January 23,
1862, the daughter of William and
Hanna (Crltchfleld) Winnett. Sur
viving relatives are Grace Mayer,
Pendleton and M. E. Bundy, Lex
ington, daughter and son; and two
sisters, Mrs. Mary Ritchie, Hermis
ton, and Rose Brooks, Dayton, Wn.;
one brother, P. L. Winnett, Dayton,
Wn., and 12 grandchildren,
Jim Johnson, prominent cattle
man of the Middle Fork section,
and his brother, Felix Johnson, al
so well known as a stockman, of
the Gulena country, were attending
to business in John Day yesterday.
They said the feed was fairly good
over In that part of the county, and
both seemed optimistic in spite of
the depressed market for cattle at
the present time. The Johnson
brothers have always been progress
ive and have worked for roads and
other things. Jim now has a high
way through his place, the Pendlc-ton-John
Day, and can get out more
easily. John Day Ranger.
Taxes amounting to $18,615 were
turned over to the county treasurer
by the sheriff's office, representing
largely the payment of third quar
ter payments for the current year.
Of the amount $37,853.87 was a
check from the Oregon-Washington
Railroad and Navigation com-
pany for its third quarter taxes.
Paying of taxes has been quite
brisk, the sheriff's office reports.
The Heppner Sheepskin Scrip
trustees have money now on hand
for redemption of any outstanding
scrip which holders may wish to re
deem, says Dean T. Goodman, chair
man. Scrip for redemption should
be presented to Len L, Gilliam, secretary,
Large Caravan Set to
Participate in Hepp
ner Day at Fair.
Local People Contribute $100 for
Prize; Care to Assemble at
ML J'ernon at 10 A. M.
Twenty carloads of local people
with the Heppner school band will
carry Morrow county greetings to
the Grant county fair Saturday in
return for the fine attendance of
Grant county people at the recent
Heppner Rodeo and to help cele
brate Heppner day at the fair. One
of the main features of the day will
be the staging of the Heppner der
by at the fair rodeo for which local
people contributed $100 as prize
While R. C. Phelps, chairman of
the committee on arrangements,
has the promise of at least 20 cars,
it has been impossible to contact
everyone who may Intend to make
the trip. For the Information of
those who have not been contacted,
it is announced that all local cars
will assemble at Mt. Vernon at 10
o'clock, forming a caravan to go on
into John Day.
The distance to John Day via the
Heppner-Spray road, the best route,
is 123 miles. It is nine miles from
Mt. Vernon to John Day. To make
Mt Vernon by 10 o'clock, cars
should leave Heppner between 6:30
and 7 at the latest.
Local people will have the oppor
tunity to greet Art Minor and fam
ily at Mt. Vernon. Mr. Minor, Mor
row county pioneer, runs the gen
eral store at Mt. Vernon.
Some local people will already be
in John Day. Henry Aiken, Rodeo
president, and Edwin Hughes, new
ly elected Rodeo director, left Hepp
ner yesterday to be on hand all
three days of the fair. Mr. Aiken is
assisting with the rodeo as a race
judge, and Mr. Hughes as an arena
judge. The Rodeo bucking horses
are being used in staging the John
Day show.
A large caravan from Pendleton,
accompanied by a band from that
place, is expected to attend the fair
tomorrow in celebration of Pendle
ton day, with the band to remain
over Saturday.
Word was receivel from Ross Ma
loney, fair manager, yesterday that
ample provision will be made for
all who go to John Day with the In
tention of staying over night
Mr. and Mrs. Earl Morgan were
surprised last Sunday when a large
gathering of friends and relatives
gave a pot luck dinner in the par
lors of the Congregational church
in honor of their twenty-fifth wed
ding anniversary. When the tables
were spread with all kinds of good
things to eat and all the guests
were assembled Mr. and Mrs. Mor
gan were sent for and entered the
room to the strains of "Here Comes
the Bride." Following the dinner
the couple were presented with
many gifts of silverware. Besides
the honor guests those present were
Mr. and Mrs. T. J. Davidson and
daughter, Mr. and Mrs. Johnny Eu
banks and son Billy, Bobby and
Lloyd Morgan, Mr. and Mrs. Bert
Palmateer and children, Mr. and
Mrs. Russell Cox of Pasco, Wn.,
Mrs. H. O. Ely and daughter
Margaret, W. G. and A. F. Palma
teer, Mr. and Mrs. J. E. Crabtree
and family, Mr. and Mrs. C. W.
Swanson, Mr. and Mrs. Dwight
Misner, Mr. and Mrs. George Krebs
and family, Mrs. Lawrence Harmon
of Walla Walla, Mr. and Mrs. O. L.
Lundell and sons, Mr. and Mrs. Jess
Deos and children, Mr. and Mrs.
Walter Eubanks and son Billy, Mrs.
Clarence Brenner and son, Mr. and
Mrs. W. C. Crawford, Mr. and Mrs.
Vernice Crawford, Mary and Hattie
Van Schoiaek, Betty Jean Mankin,
Mildred Lundell and Archie Mun
kers. Mr. and Mrs. Garland Swanson
spent the week end at Salem visit
ing friends and relatives. They re
turned home Monday.
Mr. and Mrs. Victor Rietmann
and family motored to Arlington
last Saturday afternoon to take Mrs.
Esper Hanson to the train which
she took to return to Portland af
ter spending a week visiting rela
tives here.
Last Friday the first school as
sembly was held in the gymnasium.
A number of songs were sung by
the student group. Miriam Hale
and Clifford Yarnell presented a
short skit. The freshman class
was given rules by which Its mem
bers were to be governed until the
time of their initiation next Friday
night. Also each member of the
class was called on for a speech be
fore the assembly. It was announc
ed that a football rally and bonfire
would be hold on the school grounds
on Thursday evening.
Dr. and Mrs. F. L. FInnell and
daughter Mildred of Portland ar
rived at the Hellkcr ranch last
Wednesday for a short visit, bring
ing with them Miss Harriet Heliker
who has been visiting in Portland
(Contnued on Pas Four)
Corn - Hog Contracts
Ready; $8000 Expected
The corn-hog contracts are now
ready for final signatures before
sending the papers to Washington
for the first payment Members of
the county allotment committee will
be at Boardman all day for the con
venience of Boardman and Irrigon
signers. Saturday the committee
will be in the county agent's of
fice in Heppner to help with the
sign-up of the balance of the corn
hog applicants. All papers must
be sent to Washington next week.
Morrow county is not a large hog
producing section, but benefit pay
ments to farmers in this county
will total over eight thousand dol
lars. Much delay has been experienced
in Oregon in working out of a hog
quota for the state. The first quota
allowed us by the corn-hog section
in Washington would have necessi
tated a cut of over 60 percent. The
extension service and the county
allotment committees have brought
forward a large body of evidence to
show conclusively that such a re
duction was grossly unfair. As a
result of the delay farmers of Ore
gon will receive close to half a mil
lion dollars more than they would
have received under our first quota.
The delay has been irritating and
puzzling to many, but the net gain
to the farmers has made it distinct
ly worth while. The reduction in
the final number of hogs allowed
has been made by the county allot
ment committee in exact accordance
with the number allowed on each
contract by the federal authorities
in grading the contracts to deter
mine our quota.
County Quota Slaughter Sheep Set
at 500 a Day; 71 Cattle Bought;
To Be Shipped Soon.
Emergency cattle and sheep buy
ing by the government has started
in this county. Seventy -one head
of cattle were purchased and will
be shipped some time this week.
For the sheep program the quota
of ewes shipped from Morrow coun
ty has been set at 500 a day until
further notice. Ewes condemned as
too thin to warrant cost of shipping
are not Included in this quota. Over
2000 ewes have been; purchased this
week and less than 50 per cent have
been in fair slaughter condition.
This percentage parallels that in
other counties where the govern
ment finds it to be an economic
waste to send such sheep to slaugh
ter plants.
Many changes have taken place In
the whole plan since its inception.
Originally thought to be a culling
program, in effect, a production
control measure, later Information
stresses the drouth relief features
of the plan. Where sheepmen are
replacing ewes offered for sale with
a greater number of lambs the sale
of ewes ordinarily is not caused by
drouth conditions and such ewes are
not yet being purchased.
All applications for sale of sheep
to the government have been re
viewed by a local committee of
three men. Garnet Barratt, chair
man, Ralph Thompson and Frank
S. Parker. For the protection of
the sheepmen the committee has
felt it necessary to stick close to
the intent of the program as a
drouth relief measure. In the first
letter sent from the county agent's
office regarding the drouth pur
chases of cattle and sheep special
attention was called to the para
graph on the purchase contract
which makes "regulations and ad
ministrative rulings relating to
emergency livestock agreements
heretofore and hereafter prescribed
by the Secretary" part of the agree
ment New rulings have already
restricted the program. At any
time new rulings may restrict re
placements of sheep. Until sure of
its ground, therefore, the commit
tee has felt it best for all concerned
to proceed carefully.
Johnnie Farley, son of Mr. and
Mrs. James Farley of this city and
manager of Wilson's store at John
Day, is confined to a hospital In Ba
ker with blood poisoning In his arm,
reported to have resulted from an
lnocculation of flu serum. D. A.
Wilson went to John Day Sunday to
take charge of the store during
Mr. Farley's absence. Latest re
ports were that Johnnie was mak
ing good progress.
Report of the second letting of
state highway funds reported In the
daily press Sunday did not include
the Heppner-Spray road, as local
people had been led to expect It
would, reports W. T. Campbell,
county judge, who expects to ask
why of members of the highway
commission while in Portland this
The new bridge across Willow
creek on Baltimore street leading
to the schoolhouse was finished this
week under the supervision of Jeff
Jones, member of the streets and
public property committee of the
city. Mr. Jones expresses satisfac
tion with the job, which was done
to replace the old bridge taken out
by the cloudburst of May 29 last
Mr. and Mrs. Jack Coblnntz and
A. J. Westhoff have returned from
Salt Lake where the gentlemen mo
tored last week to meet Mrs. Cob-lantz.
Invasion of Timber Gen
eral as Season Opens
All Hunters Must Register to Camp
in Forest; Many Local Nim
rods Take Exodus.
Twenty-two cars carrying out
sie hunters to the timbered region
south of Heppner were counted as
they passed through the city Tues
day. A few cars arrived the night
before, and an increasing number
pulling in yesterday and today is
expected to swell the total to well
over a hundred outside cars to
make Heppner the port of entrance
to the habitat of the famous mule
tail deer, for which the hunting
season opens today.
Joining the throng of outside
hunters are many local nimrods
who made a general exodus from
the city yesterday, and mayhap ere
this is printed prizes of the hunt
will have reached town.
Red hats and shirts have been as
conspicuous on the streets of Hepp
ner the last two days as eyes on the
tail of a peacock, and local stores
and service stations have enjoyed
an appreciable impetus to their bus
iness. More than one huntsman
was seen gesticulating in an argu
mentative manner, but one didn't
need to hear the conversation to tell
that he was merely relating of the
big fellow which he missed last
year, or on being shot had slipped
away. Certain it was, he was going
to give that buck a chase for his
life this time.
A general sigh of relief was ex
pressed this week on announcement
that there would be no interference
with the open season on account of
the dry condition of the forest All
regulations will be as usual with the
single exception that all hunters de
siring to camp within the national
forest or tributary land are required
to register at the nearest guard or
ranger station, either federal or
state. This restriction will be in
effect until it rains sufficiently to
make the forest reasonably safe
from fire, announces F. F. Weh
meyer, local ranger in charge of
the Heppner district of the Uma
tilla National forest
Reports from the timber indicate
that the deer are unusually plenti
ful this season due to the mild, op
en winter. People coming in from
different sections bring the same
report, so it may be expected from
the large number of hunters that
more than the usual number of
deer will be exhibited on cars re
turning from the hunt.
The Green hardware store is lo
cal headquarters for a "big buck"
contest sponsored by a leading am
munition company, where hunters
who wish may register on the off
chance that their bag will claim the
prizes offered.
Coincident with the open deer sea
son is the season for hunting na
tive pheasants and grouse, and
those who forgot to take along
some bacon may be able to supply
meat for the camp table by knock
ing over a few birds.
David and William Hynd and Deo
Cox were Morrow county pioneers
who rode in a stage coach in the
Westward Ho parade at the Pen
dleton Round-Up last Friday on
special invitation of George Strand,
parade director. M. D. Clark, An
son Wright, Jeff Jones, E. G. No
ble, Bruce Kelley and Judge W. T.
Campbell, other pioneers of this
county along with David Hynd were
honored by write-ups with pictures
of each in the special Round-Up
edition of the Pendleton East Ore
gonlan, the material having been
gathered and assembled by Jose
phine Mahoney, local correspond
ent for that paper.
Alarming increase
in Oregon's au
to Occident death
and injury record,
which has impelled
Inauguration of , a
statewide 12-week
safety campaign by
the Oregon State
Motor association,
Parent-Teacher as
sociation, American
Legion and other
groups, continued during August,
according to reports from the office
of P. J. Stadelman, secretary of
Twenty-four persons were killed
and 416 injured during the month
In 1727 accidents, bringing the to
tals since January 1 to 190 fatalities
and 3068 injuries In 13,068 accidents.
These figures represent a 7.59 per
cent increase in accidents, a 20 per
cent Increase in Injuries, and a 26
per cent increase In deaths, over
figures for the same period of 1933.
Beginning September 23, law en
gorcement agencies throughout the
state will concentrate on motorists
who violate the right-of-way laws
during the ensuing two weeks. Fol
lowing two-week periods will see
concentration of enforcement on
Two Wheat Payments Due
By Last of Next Month
With wheat contract compliance
forms for nearly all Oregon coun
ties completed and sent to Wash
ington, second payment checks for
1933 wheat adjustment benefits in
this state are expected to start from
Washington any day now, saya N.
C. Donaldson, head of the AAA com
pliance work in this state who is
stationed at Oregon State college.
Following a visit to the state by
George E. Farrel, chief of the wheat
section, all compliance forms were
routed through Corvallis where
clerks rechecked every county list
before it was sent to Washington,
thus eliminating numerous errors
that would otherwise have held up
By August 15 compliance forms
from 15 county essociationa had
been forwarded to Washington from
the Corvallis office, as follows: Ba
ker, Benton, Crook-Jefferson, Doug
las, Gilliam, Lane, Linn, Malheur,
Morrow, Polk, Sherman, Union,
Washington and Yamhill. Marion,
Deschutes and Clackamas compli
ance forms were nearly ready to go
at that time, and the few remaining,
including the large number from
Umatilla and Wasco counties, were
expected in a few days.
To speed up matters at Washing
ton and avoid trying to adjust
doubtful cases from a distance, the
wheat section of the AAA is paying
the expenses of E. R. Jackman, ex
tension specialist in farm crops, to
go to the capital and be there for
about two weeks while the bulk of
the Oregon forms are being han
dled. "The wheat section takes the po
sition that the money is in hand
ready to be paid out to farmers,
and hence those in charge want to
do everything possible to speed up
the detailed work so that the ben
efit payments will get to the grow
ers just as soon as the necessary
work can be rushed through," Don
aldson explains.
Washington AAA officials have
announced that no additional audit
ing will need to be made between
the second payment on the 1933
crop and the first on the 1934. Get
ting out the first 20-cents per bushel
payment on the 1934 crop will mere
ly entail rerunning the cards thru
the check-writing machines. Those
in charge hope to complete that
payment by the last of October.
Rodeo Organization Set
For Next Year's Show
Henry Aiken will head the Hepp
ner Rodeo again next year, with a
large vote of confidence given his
fine work this year, at the organi
zation meeting at the Elks club
last Monday evening. Called as a
special meeting for the purpose of
amending articles of incorporation
and by-laws to effect a more effi
cient organization, the meeting re
sulted in fixing the date for the an
nual meeting within 30 days after
the show each year to give more
time in working out the details of
the next show. The annual meeting
was formerly held in June.
Seven directors were selected un
der the amended by-laws, from
whom were named the association
officers. Herb French was named
vice-president; L. L. Gilliam, secretary-treasurer;
Edwin Hughes,
livestock director; Earl Eskelson,
grounds director; Earl W. Gordon,
concession director, and Louis Ber
gevin, publicity director.
The board of directors was vest
ed with power to handle all details
of the show and will appoint the
various committees necessary to
staging the show.
Discussion was had of staging a
4-H club fair in connection with
next year's show and met with
hearty approval.
Ellis Moyer, clerk in the local J.
C. Penney store for five years, has
removed to Hermiston where he
opened a young men's and boy's
clothing store yesterday. The es
tablishment is known as Moyer's
and carries a line of stylish, up-to-date
merchandise. Moyer made
several trips to Hermiston prepara
tory to the opening of the store,
having quarters renovated in the
Shaar building on Main street
failure to heed signs and signals;
driving while Intoxicated; turning
right or left from wrong traffic
lanes, and driving with defective
mechanical equipment. Speeding
has been the subject of the two
week drive which started the cam
paign September 9, and since off!
cers declare most serious accidents
result from this cause, the program
of education and enforcement of
laws against fast driving will be
continued during the five other two
week periods.
"Let's Quit Killing" has been se
lected as the slogan for the drive.
City police, county officers, and
state policemen under Charles P.
Pray, superintendent of state high
way police, are enlisted In the program.
Jury Returns Verdict for
County Clerk After
Nine Hours.
Judge Knowles Says Statute Limit
Three Tears; State and De
fense Attorneys Plea.
"We the trial jury duly empan
eled to try the above entitled ac
tion find the defendant Gay M. An
derson, not guilty," signed Lee How
ell, foreman.
These words of the jury brought
to a close the case of State of Ore
gon vs. Gay M. Anderson at 9:30
o'clock Friday night, acquitting the
county clerk of the charge of lar
ceny of public monies. The verdict
was given after the jury had been
out since 1 o'clock that afternoon.
Opening with the examination of
25 veniremen Monday, Sept. 10, and
up til noon of the next day before
the jury was finally empaneled, the
trial was marked Tuesday after
noon by examination of state's wit
nesses and presentation of exhibits
on behalf of the state. Further
taking of testimony for the state
continued Wednesday, featured by
the testimony of V. G. DeLap, ac
countant, chief prosecuting witness
on whose audit of Anderson's books
was based the state's case, prose
cuted by Francis Wade, assistant
attorney general.
Directed Verdict Denied.
Court took recess at an early hour
Wednesday afternoon on plea of
Frank Lonergan? defense attorney,
that he had not had sufficient time
in which to digest DeLap's testi
mony. Court reconvened at 9 o'
clock Thursday morning when Lon
ergan waived the right of cross ex
amination and entered motion for
directed verdict on three counts:
one, that the indictment was insuf
ficient in that It failed to stipulate
the nature of the monies alleged to
have been misappropriated; two,
that the state's evidence was insuffi
cient to justify the returning of an
indictment; and, three, that the ex
hibits produced were outlawed by
the statute of limitations.
Arguing of the points at law, dur
ing which time the jury was dis
missed from the court room, con
sumed the time til shortly before
noon Thursday when Judge J. W.
Knowles of La Grande, hearing the
case, overruled the motion of Lon
ergan and remanded the case to the
The defense case was presented
beginning at 1 o'clock Thursday
with testimony of character wit
nesses and of Anderson himself.
State's prosecurtor then plead the
state's case before the jury, and J.
J. Nys, assisting with the defense
case, made a short plea, before re
cess was taken until Friday morn
ing. Completion of the defense plea by
Lonergan, and the court's instruc
tions to the jury took up Friday
morning's session.
Instructions Given.
Judge Knowles cited the law gov
erning the case and instructed the
jury that exhibits representing any
transactions more than three years
previous to the time the indictment
was issued were outside the limita
tions of the statute and were not to
be considered as evidence in the
Francis Wade, the prosecutine at
torney, made a logical resume of
the state's case in his plea to the
jury, given without impassioned
oratory. He related that a compe
tent auaitor naa searched the rec
ords of Anderson's office, so far as
there were records, and where no
records existed had uncovered evi
dence of transactions which showed
Anderson to be short in his ac
counts. To substantiate the relia
bility of the audit, whether or not
the competence of the auditor might
De questioneu, ne said uninterested
witnesses had been brought from
near and far bearing records and
other evidences of the monies paid
me county cierK on behalf of Mor
row county as the auditor claimed.
He said the state had showed where
these amounts had been deposited
to the county clerk's account in the
bank, and that the amounts so un
covered considered, the auditor's
report showed Anderson's turnovers
to the county treasurer to be short
some $3000.
Evidence Reviewed.
He said the state had showed that
Anderson admitted receiving the
monies, some of which Anderson
could and some of which he could
not explain. He accused Anderson
of "playing horse" with the auditor,
In reciting that Anderson had of
fered his cooperation to the auditor,
but after revealing to the auditor
the cash on hand and signing a
statement as to the amount, he later
turned over $900 to the county
treasurer which he told the treas
urer had been In the vault of his
office for some time. The time which
Anderson said tho money was In
the office vault, Wade, said, Includ
ed the time when Anderson signed
the statement as to the amount of
cash on hand in his office which did
not include the $!KX).
The prosecutor further said that
(Continued on Fag Four)