Medford mail tribune. (Medford, Or.) 1909-1989, April 19, 1928, Page 1, Image 1

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MEDFORD, OWEGOX, TlIlTiSDAY, AIM ML 19. 1928.
Xo. 28
AIL TR
i
Today
By Arthur Brisbam
Bull Calf and Farmer.
By God's Grace.
Imaginary Gold Bans.
Earthquakes in Mexico.
(Copyright, 1927, by New York
ETcntnn Journal Inc.)
rn.fessor Coryiios asks the ,
Vntecl States to lwlp "cud tur
moil in the Biilkuns."
America should tell Profes
Kirt C'oryllos that when the
Palkans want to end the tur
moil, they ijtn do it. Until
then, it will not be the busi
ness of the United States to
end it for them.
The artist, Frost, drew an
old farmer starting to educate
n young bull calf and harness
ing himself and the calf in the
sr.me yoke. As he went down
hill, dragged by the calf, the
fanner said: "Stop us, some
body, darn our fool souls."
Tho Balkans can stop run
ning downhill to destruction if
they want to stop.
The German and Irish fliers
insert the words "Thank Clod,"
or "by the grace of God" in
every message describing their
safe landing through fog and
. storm across the ocean after 36
hours of danger.
The professional atheist, un
willing to believe nothing that
-Mins not been proved to him,"
would find his opinions chang
ing in a big earthquake, or
above the ocean in a fog.
f Norway has gone back to the
' ..!.! .. ...... ....tnitl-t It
gOKl U M f I nil- arivim wuii
country on earth to do so. That
basis is more or less of a finan
cial fiction. There is not nearly
.enough gold on the earth to
take care of its "gold basis"
currency. Imagination does a
pood deal of it.
This country, it is said, pro-
. ill
(HUTU last year less gom 'Vjpiano to the aid of the fiormin
toils of millions than Was AC- jtrans-Atlantlc monoplane Bremen.
. . , , .,, damaged and isolated on Greenly
tmilly used m art and nianu- j !iilan(1 ftnnounced t0(Iliy that the
faetUTcs, quite apart from any j flight had been postponed until
i -ii. i
currency iieeus. ti uu
make gold artificially and com
mercially you VI get rich, unless
your secret were known and
sold demonetized.
Severe earthquakes shook
southern Mexico yesterday in
Oaxaea and elsewhere. Several
towns are believed destroyed
and a sound like a cannon shot
was heard from tho hilltop at
Texepec before the shaking of
the earth began.
Tremors were felt as far as
Mexico City and doubtless
many will connect this earth
quake and others recently with
the religious trouble in Mexico.
Nothing could be more grati
fving to the deeply religious
mind than a powerful earth
quake, terrifying the enemies
rnfortnnntelv mod -
, . , . , I Schiller's plane was sllshtly dam
crn earthquakes do not clis- aged ln ian(ijng here, the tall Bkid
nriminntp. and shake dowilicatrhlnR In the soft Ice
Imildinjis on the just and the
X unjust.
Secretary Mellon says lie will
retire as secretary of the treas
ury, and oiifjht to (:et a vote
of thanks from every Ameri
can old cnruiph to vote. "He
. i i:.... ..,lf,.l " flinv-
i . .ni.ii .l.niitl
say, but even a republic uliould
be erateful to Secretary Mel-
uiiiini". nit? in li niciuii tin.. .
Ion, devoting to public service jy (he ar n (WQ ihrce
Ms time and onerjry, neplectinjr jdays. weather permtttlnv.
. . i :,.: ii When the Hremen slipped down
bis own affairs and piwng to throUf:n a r(sfnK foR on a p,-,nd
the people without elinrge the -near the Greenly Island llhthoune.
i V ui f- 1 Kltzmaurice said, her propeller was
beneftt of the ablest financial j brohen an her ,and!nK gftar
mindsn this country. (cracked up. While the hlp was
, mired down in the Ice. the frost
- Governor Al Smith ban decided j mined a tire. Ueyond these com
Siot to attend the national Demo- ( paratively minor misfortunes, he
' ratlc convention at Houston, b.said. there was no riamaise-to the
can hp it would he better taste nu
to go. His friends believe that it
Isn't necessary, Inasmuch as he is
practically nominated at this moment.
(Continued on Tat Four)
BERLINERS
I WAIT FOR
PROPELLOR
Irish Ace to R e t u r n to
Greenly Island, Repair
Bremen and Continue
Flight to Goal Relief
Plane to Hop Off Tomor
rowAssemble Scientific
Data.
QUEBEC, Apvil 1 9. (VP) ( By
Canadian Press.) A consignment
of parts for the repair of the Bre
men ut Greenly islam! reached
here toil ay and will be forwarded
on the first train to Murray Hay
From there it will be flown to the
inland.
The shipment Included two land
ing wheels, a drum of oil, an
undercarriage part, a eoe of en
gine parts, and special tools.
NEW YOlllv, April l!t. (ft)
A propeller to replace the one
broken when the trans-Atlantic
monoplane Bremen landed at
C.rcenley island was on its way
today to Murray hay, where Major
James Fltzmaurlee waits to take
it back to his two Gorman com
rades, so all three can continue
their flight to New York.
The propeller was taken from
the Bremen's sister ship, the
Junkers F-13, flown back from
Montreal yesterday, and Imme
diately was sent by train back
to Montreal.
Messages from the Irish com
mandant and Baron Gunther von
Huenefeld set at rest previous In
dications that the flying trium
virate would arrive here sepa
rately or that they 'might leave
the Bremen at Greenly island
and come out in a relief plane.
Miris Junkers meanwhile had
secured .100 gallons of Benzol, the
high pressure fuel needed by the
Bremen, at Montreal, and when
the fuel and repairs get safely
through to Greenly Island, it is
believed the ocean plane can i
tinue successfully her flight to I
the goal she set when she left
Baldonnel. Ireland, a week ago
today.
DETROIT. Mich.. April 19. -(P)
liernt Bab-hen, who with Floyd
lienneii. piuus iu Pii"i si
loiiKii row i jt.M -u use tn nunm "
justments to the relief plane.
LAKE STE. AGNES. Que., April
19. (P1 A smiling, determined
Irishman who flew the Atlantic,
was intent today on finishing his
job with his German companions.
Casually Major James C. Fitzmau
rlce dropped out of the sky Into
this shivering village yesterday to
draw together the loose ends of
plans for bringing the trans-Atlantic
monoplane Bremen out of the
Ice of Greenly Island and flying
her to New York.
When lie stepped out of the
Z Z, . .i . i ij it rter, lhat they committed robbery
hrouKht h m from that J"in the ,ale penitentiary during
me lip (ii Liaurauui, lie wnt juni on
aviator on assignment. But when
a flying wedge of newspaper men
and photographers struck him he
became, for the moment, one of the
three men who made history on a
fliht across the Atlantic from Ire
land. Some of their questions he an
swered readily enough, others he
only smiled at or dismissed with a
"We'll have to think that over be
fore we say much about It."
Hut one thing he Is sure of
the Itremon hnnn't reached New
J'ork yet, "and until we take her
1 there our trip Is not over."
The major's mission here was to
confer with FYauleln Herta Junk
ers on the extent of the Bremen's
damage and on the replacement of
such parts as would be needed he-,
fore the ship can fly again.
Mom of the needed parts are at
Montreal. They will be brought up
to Murray Hay, 12 miles from here,
and Pitzmaurice will carry them on
to Greenly Island by airplane. The
special fuel that the Ilremen hums
is also on the way here from .Mon
' treal and the major, although he
n()t B1ro Jui), how Bfmn ropalr,
could he eniuileted. said he ex-
I tl. H.mnn n.n.ll.l nM tint.
pairs are com
i niui.
pleted she will be as airworthy as
ever.
The friendly Irishman wouldn't
talk much about what happened to
(Continued on Paa 8U)
PA D M IT
i mil mu I l 1 r- znmK -i
AS DOOM Hjgy
Kelley and Willos Silent
When Told By Warden,
Governor Denies Clem
encyChief Executive Is
sues Statement Explain
ing Official Course
Double Hanging Set for
Tomorrow.
SALEM. April 19. ft) When
informed this morning of the
nans, neither Kelly nor wllioa
thud a word to say, according to
Warden James Lewis. They were
absolutely silent, according to the
warden.
KALKM. Ore., April 10. P The
fate of Hllsworth Kelly and James
Willos was finally determined late
yesterday when Governor Batter-
son announced that he would not
commute their sentences from
death to life imprisonment.
At 8:30 o'clock tomorrow mor
ning one of the two will walk up
the gallows steps at the state peni
tentiary. A few minutts later the
other will follow, and the two con
victs Will pay the death penalty for
their part as accomplices In one of
Oregon's bloodiest prison breaks.
In this break, which occurred
August 12, 1925, J. M. Holman and
John Sweeney, two guards, were
killed.
Because of various legal turns In
the Kelly-Willos case the death
sentence was three times pro
nounced against the two convicts.
Both took appeals to the state
Ltmpi'eme court anil tho united
Stales supreme court, apu tnen
habeas corpus proceedings were
instituted in behalf of Kelly.
While Kelly's case was in court
Willos was from month to month
reprieved by Governor I'atterson.
In announcing his decision. Gov
ernor Batterson Issued a long
con-L,a,ement taking up in detail the
long legal proceedure.
The governor refuses to enter
Into a discussion of the capital
punishment law. dismissing It as a
statute that must be upheld.
Should he commute the sentences
because of the iJeAutremont case,
he declares, capital punishment
would be set aside during his ad
ministration and that tho whole
process of law would bo endan
gered. The Kelty-Willos case, says the
governor, must be considered on
its own merits; the clemency pow
er was not given the governor for
the purpose of equalizing sen
tences. Meeting the argument that the
prisoners are not legally guilty of
first degree murder, the governor
goeH at length into the story of the
crime and shows that the state
established the fact of first degree
murder against the two men on
three grounds, though neither of
the two may have killed anyone.
They entered with Tom Murray
and Oregon Jones Into a homicidal
conspiracy that resulted In mur
the process of which murder was
committed, and that they aided
and abetted Murray In murder,
which renders them equally guilty.
As for the history of the prison
ers, the governor mentions that
both have twice been declared
legally sane, that they are not
youthful, one being thirty and the
other 32 years old; that both hnve
criminal records. He reviews the
history of the fugitives after the
break, the kidnaping of the un
armed taxlcab driver who was
threatened with death, the com
mission of robbery and the intimi
dation of an entire family near
New Kra. all of whom were threat
ened with death.
The governor concludes that he
is without ground to interfere with
the verdict of the Jury.
4
OF
E
PORTLAND, Ore., April 19
) tftl Deputy District Attorney
Gcorgp Mowry today questioned
Roy Hew of Pendleton, brother-in-law
of Dr. G. Hlntne Garrison
and one of Garrison's bondnmen.
relative to what he knew regard
ing (inrrlson's whereabouts.
Garrison forfeited $12,000 bonds
when he failed to appear In court
In answer to a grand Jury In
dictment on a vice charge. Rw
denied that he knew where Gar
rison was. but said he believed
he has left the state.
The $12,000 bonds were ordered
forfeited. Attorneys for Garrison
took steps to btork the move.
Dlstrl'-t Attorney Stanley Myerr
believes the state will have to sue
In order to recover.
QUESTION
Conquer Atlantic. Westwarfl
BMP MWft !
-' I f r"
I l fwJ riNOEO at" 1 STAQTID f Sm5m BALOONNtt"! -m sTAOUD Fftt: !
Vf N ijP(tNLY iianO AIRDROME APRIL l2tF J iVO TEM-l lhOE i
V wf.ON.APB.Li3l. L 1 : 11 AIRDROME .
I DESTINATION- MITCMflUCLol )-VrT7 1; IE!
IQNU HL.HO. NCW YORK. C3
Baron Ehrenfricd Gunther von
Koehl, of Germany, and Commandant James Fitzmuurtcc, of the
Irish Free State air force, are being honored for the first non-stop
airplane flight across the north Atlantic from cast to west. Artist's
sketches show, left, Captain Koehl ; upper right, Baron von Huene
feld, and, below, Captain Pitzmaurice. The map shows tho route
followed by the fiyers from their starting point at Dublin, Ireland,
to the spot where they were forced down at Grcenely island, Quebec,
' in the Straits of Belle island, oft Labrnr. J '
ADMIRALS FACEjSLIM CREDENCE
iinnor mniiimm mam mu i o
nuuoL inuuiniiiii uHLL-miLLo
ON POKER GAMEIMURDER STORY
i .
Notice Served That Party
Given By Sinclair Will Be;
Looked Into, As It Wasi
Held While Oil Leases;
Were Pending.
WASHINGTON, April 10. (V
Representative McClintic of Okla
homa, today served notice at a
house naval committee hearing
that tomorrow he proposed to ask
for an investigation of the poker
game referred to by Rear Admiral
Kobison, retired, in testimony at
the Sinclair conspiracy trial.
McCllntlc said that it had been
reported that besides Itoblson,
Harry Sinclair, Hear Admirals
Latimer and Gregory also sat iu at
the party.
The game took place oftcr a din
ner given by Sinclair, the Okla
homan said, and It came at a time
when Sinclair was negotiating for
lease of the reserve.
Representative Hritton, of 1111
no is. rep u bl len n , and VI nso n o f
Georgia, and Gamhrill of Maryland
democrats, indicated that they
thought the question should be
left to the government's oil coun
sel. "WASHINGTON, April 19. (ft)
Investigation of leases of the Salt
Creek oil fields In Wyoming, made
by the last democratic adminis
tration, was asked In a resolution!
introduced today by Senator Nor-J
ris. republican, of Nebraska.
Senator Norrls would have the
senate lands committee, which In-1
quired Into tho Teapot Dome and
j Klk Hills leases under Secretary!
; Fall of tho interior department,)
jmake the new invitation. Asking;
Immediate consideration of hlsj
j resolution, S'nutor Norrls wan ad-i
I vised that It must first be rc-i
ferred to the committee on audit
and control.
Senator Hn b i n s o n has also
charged that the Halt Creek leases
were made In the face of n re
port frf-. the department of Jos
tle that the claims were based
on "fraud."
j PORTIAND, Ore.. April 19.
fti Two alleged burglars, report
led by offleers to have linen caught
In the net of robbing stores, were
'In custody today. Richard C,
Kriee was arretted early today
by a rpeelal officer, who said he
'found him In the ect of robbing
n hardware store. Klmer Rnmbo,
17. was charged with having bee,i
caugh', robbing a grocery itore.
I I
ryL,!.'.' I
lHS'l rVi '
Huenefeld and Captain Hermann
Confessor Says Dentist Paid
$7000 for Death of Pairi
Discrepancies Found in
Story New Jersey Pros
ecutor Acts.
SOMKRVILKK, N. J.. April 19
(ft) Although disinclined to be
lieve tne confession of a pris
oner in the Kl lteno, Okla., jail,
that ho was the slayer of the
Rev. Kdward J. Hall and Mrs.
Kleanor Mills nenr here ln Sep
tember, 1 'J'22, authorities today
prepared to make u thorough in
vestigation. I
Klwin K. Allen, 28 years old.
held In Kl Reno on a charge, of
burglary, said he killed the couple
with tho aid of his common law j
wife for $700U, which was paid
him by an Kllmbeth, N. J., den-i
tist. who he hays- was a relative
m uic niinn iuuii wmiuw.
Hrosecutor Francis J. Bfrgen,lie wlHCHn(n mainland In I-ake
woo pressea ine investigation oi
the murder, which led to tho nr
ret, trial and acquittal of Mrs.
Frances Hall, her two brothers,
and a cousin, snid he did not
place much credence In the con
fession, hut would make Inqui
ries. Allen's climate wrote Pros-
ecuror Hergcn a weok ago raying
the former had admitted the kll
Ings, and yesterday the confes
sion wss made public hy tho
Oklahoma sheriff.
Authorities pointed out several
discrepancies In the confession.
Allen said he had killed the two
In 1921, whereas they wero killed
September 14, 1922.
. :
Father of Boy
Killed by Jazz
Slayers Is Dead
4- 4-
I
CHICAGO, April 19. (ft)
Jacob Franks, the father of
, Lobby Franks, who wus kid
1 naped and slain In 1924 by
Nathan Leopold and HI-bard
j Loeb, tiled loday. He had
, been III for many months and
1 doctoiH attributed his illness 4
In part to ri'lef over the
I death of his son,
CRANK. New 80-rnlIe mull . f. but her injuries were not ierl
route U established to LllUcn. oun.
, 1SILIM2
DENIES AIDING
HPS ESCAPE
Former Local Waitress
Wires Sheriff She Is With
Friends in Sacramento
Declares She Has En
dured Enough Notoriety.
RKlillN;, fallf., pill 10. (ft)
Mrs. Thi'lnm Kelly, wife No. 2 of
Hoy I). Kelly, ho escaped from
it,,, witnttv ..uiiitfi1 twurt will I.. n
! was a prisoner on a bad check
charge, wants It definitely under
vol veil ln the escape of her Iiuh
1 loni t'1',to Mrs. Kell:
Hy
telegraphed Sheriff
Sublet t as
follows:
"Saw false reports all San Fran-
cIkcd papers regarding my part
l Kelly affair. For your Information
spent all day Monday and most of
Tuesday with friends a well
known family of Sacramento, Mrs.
Kutherlne Burcer of Fair Oaks.
See that newspapers get account,
since 1 feel that 1 havo endured
enough without additional no
toriety." The sheriff has found no trace
of Kelly. He was working on what
he deemed a reliable clue last
night.
SACHAMKNTO, I'al., April 19.
(A1) Mrs. Thelma Kelly, second
wife of Hoy I. Kelly, fugitive from
the Bedding Jail yesterday left
Fair Oaks for San Francisco.
Friends with whom she was visit
ing state she made no explanation
jot her marital affairs
KKDOING, Cab. Apr. 19. (ft1)
A warrant for the arest of Hoy 1).
Kelly, as a fugitive, was Issued
here today. Kelly escaped Tuesday
from tho county hospital whore he
was held until be recovered enough
to remove to Joll. He was shot
by a policeman In Chicago recently
when he tried to escape arrest on
bad check charges.
Sheriff Huhlett has sent out hun
dreds of cards with Kelly's picture
and description, to police depart
ments. The latest cluo camo from Marys
ville where Mike O'ltrlen reported
seeing a woman driving with a man
answering Kelly's description. The
man had his arm in a sling.
O'l'.rfen said the woman looked
like Kelly's second wife, who de
nted in a t e I e g ra m f ro m Sa c ra -mento
yesterday that she. had any
connection with his escape.
Kelly married two women- with
out tho formality of divorce.
AS FLU RAGES
Ashland, Wis., Isolated by
Ice Fields, Calls for Food
and Medical Aid Popu
lation On Short Rations
Epidemic Not Serious.
! AHIILANO, Wlf... April 10. (P)
IHevcn hunilrcil luhtihituntn uf Mitd-
nH I!,,,,,! nnv -Iv n,ll,. f,.,
Superior, are living on short ra
tions and fighting ' Influenza as
efforts to give them succor go for
ward here.
Although it Is only a few short
miles from the Island to Rayfleld,
the nearest mainland point, efforts
to ruch Madeline have been bulk
j erf by a field of breaking Ice.
slanders at the risk of their lives,
have attempted to reach the main
land un dobtaln food, but hnve
been turned back by tho treacher
ous Ice fields. Their plight and
their efforts to relieve It have been
related by telephone which con
nected hy cuhlo with the muln-
Iland.
Meat, flour and staples have
been exhausted. Gunned goods ore
the only food supply and these are
near exhaustion.
I The influenza outbreak wns de-
Hcrlhed as not serious, relatives
and neighbors caring for the twen
ty canes reported. The services of
a physician, however, have been
UIK'd.
HCGHNK, Ore., Apr. 19. T)
N. H. Lith'Tland. b3, Janitor al
Oregon hall at IhP I'nlverslty of
Oregon, was seriously Injured yes
terday when the bicycle he was
riding collided with the car driven
by H. It. Tmon of Hugene.
LPherland Is In a semi-conscious
condition at the hospital.
Miss Grave Campbell, 17, of Ku
gene, was strut k by an automobile
on the highway at West Spring
field yesterday afternoon. She re
ceived cuts and bruises about the
1
NEAR
1
Convention Appointee
a
Lee Nixon, nbove, veteran
Washington Republican, has been
named scrgeant-at-arms for the
Republican national convention at
Kansas City, Mo., in June. II".
has been appointed to the post by
the Republican national commit
tee. 1
EDITORS VISIT
E
To Spend Several Days at
Crater Lake, and Tour
Valley Arrive in This
City, Monday, June 24
Entire State Represented
SAN FRANCISCO, April 19 (ft1)
Friend W. Richardson, president
of the California Press assocltlon
today announced dates and Itiner
ary uf the association's 3Dth an
nual excursion which this year
will take the editors to Crater
Lake, Roguo Rlvur vulley and
Klamath Falls, Oregon. One hun
dred editors and their families are
expected to take putt in the ex
cursion. Leaving San Francisco Sunday,
June 24, the editors will arrive ut
Medford Monday. Several days
will be spent at Crater Lake and
the return will be made Saturday
by way of Klamath Falls, South
ern California members will leuve
Los Angeles Saturday evening,
June 23 in time to make connec
tions with the party either at San
Francisco or Oakland.
Annual excursions of the associ
ation have been made in the past
to Mexico city. New Orleans, St.
,ouls and Portland.
CHICAGO, April 19. (P) Slug
ging Hack Wilson renewed his
home run rampage today, slam
ming out a homer In the first In
ning of the Cubs' game with Cin
cinnati, scoring Cuyler ahead of
him, and getting unothor homer
his next time up in the second
Inning with the bases full, scoring
Cuyler, Lnglish and Hlake. Luque
was pitching.
American
R. H. E.
Chicago 2 8 2
Cleveland 9 15 2
(latteries: Jlarnnbo, Cox, Good
cell and crouse, McCurdy; Hudlln
and Hewell.
Morning game. H. H. E.
New York tt 15 0
Iloston 7 10 2
Itatlerles: Shenly, Moore and
Collins; Settlemler, Harris, Huf
fing and Hoffmann.
Second game: K. H. E.
New York 7 11 1
Huston 2 6 0
(Culled end 6th: ruin).
Pennock and Grabowskl; Wilts
and Uerry.
National.
R.
. i
. 8
Ponton
New York
Genewlch, llrandt and Taylor;
Cantwell, Faulkner and Hogan.
(10 Innings.)
Cincinnati u a i
Chicago 13 21 P
L u a U e, Jabtonnwskl, Ash and
liar grave, Sukeforlh; Ollake and
Hurl utt l,
CALIFORNIA
ER
JUNE
1
Baseball Scores
I
in
TANGLES
Acceptance of Judicial Post
Would Complicate, and
What-to-Do Puzzle for
State Officials 'Weep
ing Walter' Pierce May
Have Name Written In.
LA GRANDE, Ore., April 19.
(ft) Kx-Govcrnor Waited M. Tierce
may bo a candidate for the demo
cratic nomination for the house of
representatives from the second
congressional district to succeed
N. J. Slnnott, yesterday appointed
to tho United States court of
claims by President Coolidge.
Last night the former governor
declared that If his friends wrote
his name In on the primary elec
tion builot, he would consent to
run. Friends have been urging
him to enter the race for some
time.
SALEM, Ore., April 10, (ft)
While official and semi-official
observers about the state capltol
are wutchlng and waiting for more
definite word from Washington as
to when appointment of Congress
man Nicholas Sinnott to the fed
eral court of claims will become
effective and whether he will re
sign from his present seat In con
gress and withdraw as a candidate
for renomination, they seek to
fathom the election problems
which would arise out of 81nnott'a
Immediate retirement as a con
gressman and a candidate, the
Capital Journal Buys today.
How to fill the unexpired term
of Slnnott should he resign at
once, presents no difficulty the
law Is clear on that score. The
governor -would Issue a Writ calling -a
special election which could be
held simultaneously with the regu
lar primary election of May 18,
tho congressional central commit
tees for tho second district would
meet and nominate candidates
and the names of these candidates
would be certified to the county
clerks for a place on the speclul
election ballot.
Rut the delvers into the Intrica
cies of the election statutes do not
find the provisions governing the
selection of a candidate for the
nomination to take Sinnott'a place
on the primary election ballot so
lucid. '
There Is no question as to what
course the democrats of the second
congressional district must take If
they are to nominate a candidate
for successor to Slnnott at the pri
mary election. It can only be done
by action of the Individual voters
in writing in the name of a candi
date. But with the republicans,
who have a regularly qualified
cundldute for the nomination in
Slnnott through his action ln filing
for re-election, the situation is dif
ferent. The students of this new
and intricate election puszle be
lieve thy have discovered wherein
the election laws provide a man
ner In which the republicans mny
substitute another cundldute for
Slnnott und still get the name of
the substitute on the ballot for the
primary election.
Although the election laws pro- .
vide that the secretary of state
shall not less than twenty days
prior to an election certify to the
county clerks the names of the
candidates whose names shall be
printed on the official ballots,
sections 3933 and 3975 Oregon
laws, together provide a means
whereby candidates may be nomi
nated to take the places of those
who die, withdraw or are Ineligible
and require that the secretary of
state certify the names of such
substitute candidates to the county
clerks for places on the ballot even
though the regular time for certi
fication has expired.
Section 3975 provides that where
a regularly filed candidate for the
nomination for congressman,
"shall die, withdraw or for any
reason be Ineligible," the congres
sional central committee, or the
executive committee thereof may
nominate a candidate for ' such
vacancy and file tht nomination
with the secretary of state and
when "such nomination Is filed
with tho secretary of state he shall
certify tho same to the various
county clerks ln the manner pre
scribed by section 8933, Oregon '
laws," J
Section 3033 provides that the
secretary of state shall certify to
the county clerks the names of all
candidates whose names are to be
printed on the ballot and Imposes
upon hltn the obligation of certify
ing the names of candidates legally
deHigniited to fill vacancies and re
cites further:
"In the event he (secretary o,f
state) has already sent forth his
certificate, he shall forthwith cer
tify to each county clerk by tele
graph, if necessary, the name and
residence of each person so nomi
nated to fill such vacancy . . .
and the name of the person for
which nominee or nominees are
substituted. Every county clerk
shall proceed thereafter In confor
mity with said letter certification'
(Continued on Pact Big)