0 ,VA-
rs
Tl Weather
Prediction Fair ami warmer
Weather Year Ago
Ptiiuiiiiiim 8a
Mailnitriit yoetenlny .. S5.S
MUUniuiu today .0
Minimum 4:t
..an
Pair? '
0
Twmtl.th Y.at
MEDFORD, ORKfiOX. AVKDXKStiAY. 4UIY 13. in-1,')
We.Hy K.lty-foutthlJ.ar.
1 a
J
! M01I0N 10 i
I -Ititfcnii t
i 11111. H IV
th, mil in miT
Hill I II llll I
fwhrtiaw La It Cawtftu-
, ftbrar 'Ifldkttmnt Property
Drawn and Law Not Con
flicting 'Adieus. Liberty
.lot Abrkkjed.
J ae' CM I FlnMfcea.
COUKTHOUMK, DAYTON, Tenn.,
Jly 15. (A. P.) The .state
retted its caw against John
Thomas Scotw at 4 o'clock this
afternoon after testimony of fair
wttuesses had urea heard. The
. witnesses presented testimony to
, the etrect that Scoiies had taught
Y tlbno a theory of evolutioe as ex-
pounded in the' official textbook
4 of the state and that lie had ad-
anHted he coald Not teach this
book without violating the ami-
evolution teaching statute. '
COURT ROOX, DAYTON, Tenn.,
July 16. (A. P.T-JudKO John T.
Raulston today denied the defense's
,inn(nna.k,i,ain1ii(.tianioainm
John T. Scopes. The judge's decision
upheld th constftutionality uf the Ten'-
nossee anti-evolution law.
Tht motion to quash was made
Monday and the day was spent in ar-
cumeni. Judge. RauhHon was occu-
F j pled all of yesterhy in writing his. po
rt sit ion which was voluminous. The
' aVoitim took vp each contention of
rb the tl fense and ruled that the defervl
'i nnt would h reqMired to plead Tur-
;f: theK -' . ' . ." "
'-I Before reading his decision on the
'I defeiis .motion to Quash, Judge.'Raul-'
r;f flton coiiFnted to now for-phatograph-
.era with the decision .in his hand,
f f " After the j.udge read the grounds on
which the defense sought to quash the
Indictment he discusased, the authori
ties cited.
Discusnsing the alleged discrepancy
between the caption of the act and
the body of the hill Itself, he said:
"The general tftle to the 'net Is one
which is broad and comprehensive and
covers all - legislation germane to the
general subject stated. .The title 'may
cover more thnn.the body, but It must
not cover less, -it ueed not index tho
details of the act, nor give a synopsis
thereof.'
In this particular case, he said.- the
caption of -the act provided that pur
pose of the act Is to prohibit the teach
ing of evolutionary subjects In the pnV-
lio schools of rtie state.
"It is' true that this provision is
rather general in. its nature." he said,
"and In my conception of the terms
employed in -the caption .and body,
thosjp used In the caption are broader
and more comprehensive than those
employed in "fhe hpdy of the act,, but
in my' opinion the caption covers nil
, the legislation' provided fo,r in the
M body and is sjerms ne, thereto, and In
no wnv olispurea trie legislation pro
vided, for. ,
"In my judgment, the caption
is sufficient to put any member
of thfe legislature on notice as Jo what
the aature of the proposed legislation
Is and tlwtt the caption Is really more
comprehensive than the body of the
act.
The Becond point alleging a viola
tion of the "constitutional provision
that the legislature should rhrish lit
erature and lenrnlng In schools of the
state, h passed fiver vftth a briPt
statement, of the Jaw, since the point
had notteen pressed hy the defese.
ThV .Bet. a purely technical jiolnt
rjiarglrfg the bill hnd nt.hten j-eafl a
sufficient number of times in the two
houses "of the legislature before Its
enactment, Also was dismissed with n
simple "reading .of thy constitutional
provision. m 9
IlrAfvon Not Atiridged .
Taking up the next phase which nU
leged a 4'iolntion of the cnstUutloTSnl
rlnht to worship yod. according to the
dR'tatesaff the Individual consciefe.
he declared he failed to seeWw this
action In ttny wIse1titefYerqs1 or In the
jettwise Vest rains any person from
worshipping Qod In manner 4m t
deiir,th him. "It sives no Dreference
tn any pnrtll'Ular religion or modeofj
wijrsnip. uur punuc scrroois are not
(Continued on Pave Rlx)
0
LEGSAND JISS
FASHION-DECREE FOR THIS-FAiL
NEW YORK,
July 15. More legs
end less neck will he on view next fall
II be on view next fall
I, ,h. conception of autumn mode, for
women prevails as reveniea at me
showing of the National Onrment Re-
tallVsissnclntlon
Skirts fifteen or sixteen Inches off
the flooQvere not unusual n(ji show-
Ex-Secretary Hughes
Oto Represent St. Paul
Gin Rate Case Plea!
8 . .
NEW YORft.Jiily Id. (A. P.)
Receive); .tor .the .Chiigo,
.wsiwojiiKeeeac 01. ruui rumuuu
today announced tiiat they had
4. retained t'nrtner Secretary of
" State (?Jiaje1i Hushes to rep-.o
resent jnem at tu,e rate imiuirv--r
.before the Interstate Commerce
f commission and lo advocate a
' J. !nM.U. nnanilu' LK'm.ncmtl At
Posse Combs Lava h for
Jimie and Esther Rradshaw,
Who Disappeared I Days
AgoMay Be With Their
Brother m ISetHord. .
KLAMATH FAIXS. Ore., July 15.
While county authorities re run-
SEARCH DOT
FOR 2 U
ning down vmue pumorfl anrt lnnu- nmg io nave an eueci on ino.im
merable clue a determined . group 'tas, a warlike tribe, whose '.abun-
of tranoerH. Hheen herders atid
ranchers left at daybreak today to
search .hidden caverns aod caves in
the sun swept lava .country in an
effort to find some trace of June
and Esther Brads. u-w, aged 14 and !
Y2. who disappeared . eight- days ago,
Under mysterious- circumstances. seeing me non-eomnussionea oi
The little girte h bn herding ficers of the first plane surrounded
a large flock of tor their by Iffians, gave them up for lost-
father, A. W..Bruddiaw.'. Their tent. The two, however, camo lnto the
was pltclied on a desolate sheep. French lines. Inter, having ought
range pear the south end of the their, way -through the enemy lines
new dried up Tule laH. There was with their carbines aad bombs.- The
rrb habitation for mUes '. around plane-, wlilth was the first to Call
only sagebrush apd lava, coyotes and into enemy territory, was destroyed
rattlesnakes. hy shots from French field . pie.ces..
rtToken-hmrted, their father re
ported, because 'he could not bring
them to Klnmnih Falls for. the
Fourth of July celebration, the girls
dropped 'from slajht.
Xo trace of
them has been found; although
peace officers of two .states have
been mu'kln-g a frantic effort . to
flrjd some trace of tbem. , ting . of tlie lez-Algiers railroad,"
A shallow well In the lava bed .near Taza, which world meun the In
country was found to have-, been terruption of French communication
caved in the. day after the girls-dls-
up4)ea-t'd. The weir liad been filled
in by human agency. ' Ranchersand
sheep herders cleaned Out the well
yestei-IUry . In the belief that . the
Kirks might have been murdered and
thrown Into ft. But ' no trace or
them was found '
them was. found . .
An exuerienced trapper late, yes-
tvrday afternoon found the foot-
print of a hirve man lending from
thv little cnmp d.irectly . bach Into
the dnngerous- caves a -ho if mile to
the rear, and it. "is these footprints
.that the' posse Is- following-, today
on the t'hance tluit they might lead
to some ghastly crime. J Natlvna League.
,H :M . a..' I NEW .YORK, July 15. (A. P.)
A sheep herder of' that section iNew York climbed to within five per
reportcd Into yesterday Ihut he had cetage points of the National league
lienid one o.f the girls .screnmlng
me niirht of their
dlnppirkne..
I, they were
upply had noti
The following liornlil
'gone nhjl tjieir food suppl:
...r.. muiini u. uiso .was.repi.ria. A, yp york
Hint :( small sum of moneu wna oi .
lylni
on tno roug tnhle within the
tent.
Oth.
ciucs which bein fol-
lowed out 'are that the- girls have . -
been irfded In- running away front At Ronton " ' R.'Il. K
the lonely "sheep camp. "One "report P.lttshiiig ..:..( X (i I
Is fhirt They hnve'gooe te Uie homo Uestoh ..'. '.:....... 4 If 1
of a maj-ried brother nen.r Atedford.t Slorrlson, Adams and Quoiih; lleuton
Axnther Is that . tlfey mlgeit hAve".and,Glsoli. ,
heeh' helped to the home 'qT a- ..
fflufrled -sister In Portland, wlflje'
r In Portland. wlle'
In ih. th.h.U .J.
slll nntither
t ,.l...-i . '. .7 .
. v .twn i,i aunic luwn in rfiorinern
'..a iiiernin, ;
Authoi-Klfs "are nasltlve that the
S.&: i.H "ii0U" TJ
"v- -. ui inn
iivi 'ni i.i.. ..
lag last iiVht nt the Hotel Astor while
Irdllnrs were Invariably
Irdllnrs were Invariably high. For tnll
I ored dresses there were vests that
n atTe n'k
sleeves on dressi were rnther long
jnnd tight or long lifld flowing, but nl-
rw. -.'t-. it . '
a lie nnini iiiiv wn suKKrniru niure
finitely than In recent seasons.
fVne. of the riBicncrs of that .sec- ,Cn led oed'S'.tV' 1 l-a"'''1''- M " ' looked to i winter V,,,., p.M,iVs sofne yenrs ngo . Cnr1l Tlili-r Ariprclii-niliil. 'I Another broad .upwiwM niovement
tlon has seen or .heard anything AiBXBnder "ua (lonza ei ItinK III- tlme to "U,"ly lb" 0,,1,,," eathen, MH Joro mM MrB, ,, nnd I PORTLAND. Ore.. July 1 5. i Inrry ' in prices look pbit-e In today's stock
thAn since the night of their "ols- rch co,,cli n Wilson '" llfied au,ng the hottest.' jn otth ,ui,y soon after the Ooddarhnm. who recently was arrest-1 mnrkej. while motors, fubbers. public
Qppenrancc.e While ulahorltles still' I with jin-ven'ion. while I'ocnu-llo reg- r,il( , .eenuae the deserted ' nr Rend nn a charge of stealing utilities nnd specialties, reglsteeed the
feel that the girls may . he . found I American 1t"'d 104 "i1 'l-"he I..'. (I. ,.ther hnd n.. funds e,vlih which to '""lo belonging lo Vidians of Hit- sharpest gains, mure genernl demand
alive ranchers of thnt section shnke! AtVevelnnd . R H E ' H,rv"t 1,'v''1 thermometer nt Jhe ,.,. f(ir th0 ( fll, whjh n Bt. Klnjnalh reservatloT. was brought to Rlso was noted for the standard in-
their hds negatively and openli-A-.e.v York ' .a 4 ' 1" 2' Point shewed yiH. te,.i.d to get control of the child, Portland yesterday by Deputy United dusliials. AmUrlcnn Can crossed Still
! -jevell "e 5 J4 u'' '"""' ' Arir... i.,.-hed inr.l.?i Mrs. (Irubel showed guardianship pn- Stales Marshall I. Morelurk. Ills to tho highest prices nn recoi-d. Total
Continued ODQ-Pnge Tbrel r BatteHes" Snnwke'v'"'nnd' ReT.gough pv ,hl" n'Kn wn" " ""ix pes. by which she hnd obtnlne. legnl all wns fixed nt lldOO. ales approxlmnled l.awnjlllg jihare.
-- - n-v.ni H,.h.. c..'i . H.,ee k-Pr Jtreeg f ijp mSundii y. tho hottest- day f,heihli Tn nnturnl I ' '' T Z -
NECK IS lT SStir T Sss M TO DECIDE-HOW-LOUD A PERSON
SIlUMillll
morocco
is serious
Fez-ltwri Railroad jcpcrtd
. Gut 'Near Taza By Riffians
CuHing.ff. French Commu
nications With Atoifri
Tribes Going Ovr to AM
El-Krim En Mmm.
FEZ, 'French Morocco. July 15.
(A. 1.) The Fri'lirh today defeated
two nttnr'kH ty ' AtHl-El-Krllu's it'f
flans ujxui positions protecting Fez
and I'.iv.n.
Abd-El-Krlm Ib Mrnlnlihr vory
nerve In prupurutfo'n to Htrlko a
hlow nsainst the Wrench bo 'i.ro tho
Frunco-Simnlsll eo-oper ttioii arrung
ed for nt'lhp Mnilritt confeienoe be
eonieti (fffevtlvte. . All t'u Informa
tion slithered by the French intel
ligence service, tends to' fjar out thii
assertion. '
The. ?;lfflnn propnand Is espec
ially, active and appears to ).o meet
ing -with success, nota-hly anions
the TsouIh and Bran.es In "the-'Taza,
region, of which tribes further por-,
tions have gone over to A bd-El-Krim.
;
These defections are also beRin-
aonmeni woma De a serious compu-
cation for the French. '
A French bombing plane broke,
down yesterday, forcing; a landing
three- miles In front ot the French
lines near ' Taza. Another, machine
went to the rescue, but Its pilot.
Auvicefi- inrouRrn. simnisn iuorocco
m'1 nignt intllcate tnut tile pressure
usuiusi me r renon near Taza was
'"creasing daily anu tnat tne Krencn
military situation was "nulto se-
rlous.' .
lieference was made, to tile "Ut-
" Algiers una .Moroccan pro
leotoraio,
1
PA111H. July ID. (A. P.) Premier
""r,",ul ncce,nea in iiruipie tile
7... 5 k . , , , .
" p e 1fore'" e ' lul l"
he orld wai to servo in the French
Moroccan air forces against Abd-EI-
Krlm.
, ' , ,
BMW
8".I llol(l 1J . the Pittsburg Pirates
Je rutea receim a setback
" 6 ricelvei' a etbjck
"P810"' 10
n. II. E.
.1 V. .
v,. Vnri " '.'
7 11 ll
lalnes ami O Farrell; Homes nnd
Rnvrfoi.
At Brooklyn R. II. E.
At BroolHyn R. II. E.
Cincinnati ,:. -2 8 01
lll,U. . t 0 n
"-""-i -
uuiiiiiiue, mfi uuu imivkiti, uiyuicn
inA Taylor.
At Phltelelntfl.. . It. H.
r.( t ag o j,
Chicago r ."8 8 -0
ChicagW 1 i 1
RnttQlen: Harris,. Walberg nnd
Cochrane: Fefljherstone, Connolly,
Revler and Schalk, Ornbowski.
At Detroit.
WashfnSon
R.
2
5
H. E.
9 1
rjplrnll
0
Batteries: tHeuther and Ruel; Col-
llns fktvl Woodsll.
w
AO nou i iu rise nesignt. i
WASHINOTON, Juyl 16. V P.)
Thn raBltrnntlnn nt R n fin!i director
m iiM.iwin M.A.u r tn......m,
ui bi it-iiiiiiu . wui n tn itin uniiiiqui
of agriculture, has been accepted.
"W. J.B; and"ADV'
. 6npppVAat Dayton Evolution.Tria'
. TJLm .a ' o
- WHliaiN .lenalngs Bryim is sliown In tonfcrcncc witli .lolm
W. Hmh'r,- tiMtsor of Tcmieswe's npt. law." Willi their hands
upon the Hrhlc (I icy swear lo l;riHl Uh leiU'lilngK of ihc wicrc4
boofc until iHittfe.
Buy mi gin m
i
cniTnT pnni
tJAVTON. T
ju)v 15 p y
VUllym JeiinliiKM
uvynn whs liroueht. to his feet for l.he
f,t nnle nce the openhis of. the
ji,n t. Scopes trial today during the
opening nddress of Dudley Kield Mn-
Mohe -to the Jury. -Mr.. Ilryan urnse
After Attorney Genera'l Stewart had
objected 'twice to remarks ' mad
alined at Mr. Bryan, linking him with,
the fundamentalist element.
The man who for the pa-st four days
luis' silently occupied a ' sent nt the
ABOVE RECORD IN
MERCURY SOARS MOTHER FIGHTS
MIDDLE WESTM DESERTED
CHIfAOO, July in
-(A. P.) Heat
records continue to lie broken hi the
middle West and -Rocky Mountain'
l"vu
lari.y. the. weather bureau gu.v-dhins
having to dig l.a. k li, musty flies of
years ago to find any marks nptM'oa-h-(
.IIIK III.' II.-M.-Ill - c.
e Plateau stntes'unJ the snulh-
wesr were the gi-eat&it sufferefs as the
summer sun enticed -tht. mercury tb
wards.lts apogee.
Halt Ijike I'ity., ItaeMlellit. Reno
Nev.', nnd Tjinder. Wyo., experleift ed
the honest day yesjerdny since the t'h0 H((lle (11,.rl ,viurt.iif nppeiils. The have been made toward defense cntin
wenlher bureau figin'es have been ,.,,, ,. hi, .,,.,1 iut ..r,1P.d sel.
kept while nnother hotHilast broke.
records fyi-nil tln.e'.lrt cenP.nl nnd i
' '. . :" :, Tv. , ffl,
. At lrhl,a "" ."nm. . 1
'"V lempemi
, kH
tw. 1(1H .,.
ns. -int mark or m i n at imnas sna -
tered ll heat records for Ibe city ul-
l.'iJ."
iHMr iiuiiim ill nu: wiin.: ijk.iihiii Bi,n,.7
. .
Djly Report on
the Crime Wave
WATERTOWN, SD." July 15.
Wlnfred Meek, 21. of Curden City, wns
sentenced tn "Uni)0onnient nt hard
:inhnr for the remniiider 01 nm natural
ife," in the state penitentlnry at KIouk
Fulls, followlnK his pica or jiuiuy in
circuit court today to a chre of hnv-
Inir ItHlml lU-rlt. lluilv. 17 Venf old
--a '
Garden City girl, iVndny niKht.
Law Aufher
1
.mm
state counsel table fiiced Mr. Malono
and the Judue to infunui . the. court
I hat he d:Hitcd no protection from
more enthusiasm than yet had swept
tlie-ronm. The npiliiue binuglit from'
.,, , ,,. ,',nntmt ihni'
tbo couit tno nnnoiinct-meiit. .tnnt
those pai-ticipatlug' In such
. .,ti, n, utrt
utltllllrStS
In the future would bo -barred from
the room.'
FOR BABY TAKEN
SAN FRANCISCO, -July 15. (A. P,)
mother will
go before -the wtnte
1.11. .'I a c,
,,"'f'-lh
"n"-nJ;
,h,t source but would defend himself :"Z"'y h.rT. r V ! 1 re.oslblll,y that, 1 ' did no." saek. i
Brh.P3M'hl. s-atemenfthe t- anV relig.ods M-' . t w
packed room burst- info ' applause., I mophere in the court room during- the 1 - ' ' f.r'
district court of appeali. today pleod-Jnf'd
he recovery of her l.nby which
nda wns taken from her by".
another woman whllo she wns pennl- nappy to accept me npniogy or ine ni
les"s and desertpd " tnrney general. Hnys'nsked tilht the
A deputy sheriff nnd .ttorneys fnr slate's attorney avoid, reference to the
Mrs. Krnnk C. tlrnbel, Kansas City ,n' '" hl, B ,h! defense ntlor-
chil, womifti. met .Mrs. JewelV Jeroiae
at" the lloor of her home Ji.re yester- ' t"t"' H-'Nenl nsked the ntlorney.
day nnd took her hab-. HiKy .lei-nine, Keneral t then remove from the rec
A ,.-t nr h,i.nB rna luune.l in oriV n "sneerliift remnrk" alleged lo
fl.;)n) )n )PK(tn , ,
. To()()y m'iy npI)ro(.iH,-, ,ho ,gh.
''" "" cusiooy or nn. nu. 'nuuiu oi
the JuvonHe detention home wheni
the ..him iv... held diirinir the nhiht.
iiimon In TeeVTlio cofirt miwt decide whetl.-r the
i,uillllinin) pnper(1 lmura , , a
:K y,.(iurt hnV( oni-.,, Ih, ,lt.
!n.l mo'th.v's
claim ni ine i-iiiiu nnu
'.,v.,,. hi-t- Miln
igmii nn nno
the legal gunriynnshlp
venllon. recognized Mrs. Jerome and
the child nt n depot here. Th friend
wired Mrs. Oruliel. Detectives were
ptiQ on the trnll anil seizure of the
child Inst night resulted.
Mrs. aruhel hns no children. -
NEW YORK, July 15. Arrest nf
eight alleged counterfeiters in Itrook
lyn during the past eighteen hours
msde a total of eighty arrests by local
secret service ngents in whnt was de-
scribed ns one of the most extensive
countei feltlOt PVS" njV'overed In this
country. Eleverr BliVI were among
the arrested,
National league to 0 0
. Keep "Lively" Bali
in Spite of Homers
.
tXEW YOItft. Juv lfr-(A. P-i
The9N'iiional b'ugue tiiiiK'intes 1
in exeitive ssion teday ebSr ie
to contlnutf Jh useif ihe pns- 3"
ent so cafled liv;1y bast'tTuU de- 4i
.-it1 ylle the ciiblemic of home run
hit i Wig which has been raniiw,'
in tht'lnnjur league. 4-
The dei'islri to retalil. llr-
presiit bufl was reacli-d after ff?t
ft lla'ruM'.V lales of ('oluniliiji link-
rf vcrsity hnfl yeid an exhaustive
report birsed oif his -lHuii-Ml an- 9
9 alysto wf Die ball.
STATE ATTORNEY!
APOLOGIZES FOB
10SINGJRSPER
Atttxrwy dtntral Stewart Is
Sorry for SkKtmg Remark
Dire-ste-cl at Defenu in Mon
key Trial Unitarian' Mm
ritir Gives Prayer.
COl'n.T ROOM, DAYTON.
July 15. (By the Associated
The Rev. Charles Francis
Tenn.,
Press. )
Putter.
pastor of the West Side. rnltArtnn
churcli. New York, today opened the
John T. Hcopes trial with in-nyer.- Dr.
Potter was called to the platform" hy
the courtftfter President StrlJill'tiK of
the 'Dayton Pastors' association, had
announced the name of the vtsltlng-
minister as the choice ot thfassocla-
,ln
. JudBQ. Raulston yesterilay x1u0m-;"?!"
ed that ho .wouhl Ask the Dayton tas-
tors' association :lo. nominate n min-
Ister to ma ko tho opening prayer each
day. This followed a protest from the i .!'. " neot ami
defense nt .the custom ot .havlrig n, ''e llls It oa the flsk oommis
dully prnyer. '. i .., , .
Just after the brief prnyer Jirtin R. . -' nn! W glad the ottorney gewral
Neal. of defense counsel gained 'the
l,rlnl "
K.-ll cks of. state counsel nn-
nounred the state den es that thero is
I . . .. . . .
. a religious controversy in me ense nnu
i ..
i on.iei icti in neniiir. ot ine pinsecuinin
to "this heckling every morning on the ' """" iw 'item into iae ieisui
subject of pi-uver." He nske'd that the UYe'. tho .exoutitlve ( Including the ad
court stop the daily protest and place nilnttratlvo and tlie Judclat, and.
It lit tho record..' Judge Hnulston snKt.l"'? (1"H '''!" no Person 'chUrawd with
lie had no regard-for denominational
lines In ' selecting ministers for the
morning prnyer. He hoped. '.he said,
that' these ' prayers -would "do some
gon.d."
They will-not hurt anyone and 'mity
help.1'
CInrence'Darrow noted nn exception
to the remarks of the court.
. Attorney Omentl Anohigtac!
Attorney General Rfewort was rec
ognized to say that he had mnde n remark-In
court yesterday that he wish
ed to withdraw. He hnd expressed,
hlmwetf in a dlscourtpoua manner to
Mr. Hnyes of . defenscf counsel, he
sold. "I feel -very much ashamed thnt
il have not been courteous to Mr. Hays
there was nothing Imi-R- of .It. Hut a
,""ie rumen lemper, no necinreii.
' '
neys come nnu inen- renginus nenew.
l'rcSldeiu's 1'nllicr OK. Vow
HWAMVHCOTT. Mass., July IB.
(A. P.) Colonel (fohn ('nolldge, nged
father of the president, .has made
h recover fr..B. his recent 11-
ness and ijieratlon that Dr. James F,
Vnerutlon that Dr. James p.
Willie llouje physician, has .
-t'oupnl.
found it piiyisllile to Veirn to duty
here.
MAY SNORE'ANO
ATi.A.rir CITY, N6JI.. .lO.y 15.
(AeV'-l O'e county grnnd ury will
soon be confronted with the delicate
task of ascertaining how loud a per-'up
son may snore without provoking nu
attack by a neighbor.
Jnmes Pnhst nppenrlng in Mngls-j
Irnte Pnxsnn's rnurt last night with
one eye bo Gaged, charged that John
i i OUSTEO
State Senators Beats and Gar
land Can't Legally Sit On
Commru'tofl As long As
They Ho Senate Setts,'
'Any. Oeni. rtis-OJirWid
Says He's- Detohtetf.
SA1.K.M, Oie., July IS. Stale Seaa.
tor A. U. lieu Is ol' Tillamook- caanot"
legally sit 'as a melnliir of. the atale
fish coaiuilssiov, a iixltkm to whVh
lie was a)iald by Oovermir Ptecre .
several weeks mho to nucceed V. P,
Kendall of I'ol tlaad This Inte-rpee-'
tatlou of two' section! of tlw state
constituthia was hiHdl. down In aa'
I opinion by Attoruuy-OeMial Van
W'iiikle today 1 reply to.aa iaqwlry'
hy Secretary of State Kozer. Thoina '
the status .of State- Senator S.' !.'
Uarlaud. of Lebailtm. who was ai:
liointed at the aauie time t'o succeed.
John C. Veach, was not a (U0tlu
before the' attorney-feueral, he aleo
was Illegally apiioiated. for the ua. -
.coiistitntiiHial reasiwit. Garlaad' was
sworn in as a member of the cooraki- '
siou yesterdAy.
i All Aetlena I aval M. ' "''"
The- nplnloa renders void all aotfos
of the comnlisalon since Heals became
a member In which Ills vote was
necessary for a majority; also all .
claims against the state which de
pended on his vote.
It la ttaderstawl. tkat ikaU ItetOs
" " 7 on lne "" cw-
"i1""1"" ".1 re'e 08
sfu'e senator: . This will ilot letialize'
"'"B ,B'!.l " . Ma
7" '.' vuto ' ecfmey
! "'. ",mj.orUK' .. b"llt' Oartovl wke
Vi. ; . . ., atea
has so-ruled," said Senator Oarlaad.
ill con-
111 his place " -'""-b ";
- ,, . nf oi,iu
I . V. ,' . 8pcllcm V18 coiwiltutlon
violated in the nnnnintiMaa. r ii.nh.
. . , , :T , .
is tint Which- dv dun . Ihi nnu-ora ..I
. .
. :"" auiio. unuer one or thuse tkf-
parlmonts shall .exorcise-any of .taa
fHnctlons of anothgr."
Caea la CitMl.
It W held that Beats fts state senator
and fish coniniisnionei1 would Be -exercising
both legislative aasl iWmiaiB
Xratlve duties.
The other article of the comKUtttloa
violated Is that which provides tliat
"no persbn holding a lucrative office
or appointment under the United
States or under this state saall be
eligihle to a seat in the toetalutlve
assembly,". etc. Authority ta tilted to
show that Uie offioe of fie commis
sioner' is lucrative natter the law, el-
though. Uie compensation la I batons te
$r a day while on duty and not to ex
ceed $S!00 a- year. . . "
. The main authority cited relntlve to'
tin official exercising duties in more
than one .of. the governmental slvlsjons '
is the case of Gibson vertMM Kay, in
which-It was held that Claud IttcCol
loch could Hot serve1 as state -.senator
and at the same time serve as attorney
for, Uie' state corporation department.
Wall Stirct-Refttwt-
NEW pU. July 15. The closing
was swong. ynled Htnten Steel coifl
men yvns bid up two points to lim
in ine final nour. . unite, Htntes cast
Iron Pllio preferred snajefl ebtht
In Ihe final hour. . Unite States Cast
points, American Republic 5 K . Vest
Penn compuny 4 nnd (7onsolidated
cigar J.
KEEP WITHIN LAW
Rnltlmus. his neighbor, assaulted him
.because he snored.
Ilaltimus testified he could have put
with the snoring hnd Pnhst not
'called him bad names when he oh
jjected to the nightly nasal concert,
Hnltimus was held under $1100 ball
for the grand Jury an assault and
.battery charges.
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