Daily capital journal. (Salem, Or.) 1903-1919, September 24, 1913, Image 1

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    a.11 the News that's Fit to Print Everybody Reads the j DaMy Capital Journc
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TQE BEST
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THIRTV-SIXTH YEAR.
at.wm, OREGON, WEDNESDAY, 8EPTEMBEB 21, 1913.
PRICE TWO CENTS.
On TBiljr AND F1WB
fill DENOUNCED AfMlEF AND .PERJDKER
3 t -. 1 . ,
mm is
BITTER IN
AN ATTACK
Syi Governor Had Bag Men
Scour the State to Get
Funds for Gambling.
K0 RULING ON
ARTICLES' LEGALITY
Defense Is He Is Not Answer
able for Acts Prior to
Taking Office.
President's Man
Wins in Jersey
Progressives Cast Small Vote and Re
publican Candidate Stokes Is En
couraged by Outlook.
UNHID FBISS LXASED Will.
Trenton, N. J., Sent. 24. President
Wilson's candidate for the Democratic
nomination as governor of New Jersey
was victorious, as shown by complete
returns today from yesterday's Btate
primaries. The three nominations wore
as follows:
Domocrtic Fielder.
Republican Stokes.
Progressive Colby.
The Wilson Democrats won not only
on the gubernatorial nomination, but
on their choice of a legislative ticket
and in the state com mi Woe contest.
The Progressives cast the smallest
vote at the primaries which Candidate
Stokes declared to mean that numerous
Progressives have returned to the Re
publican fold. On the strength of this,
he predictod a Republican victory at
the election.
TENING IN
CASE OF WON IN
SPITEJF SILENCE
Ascertained He Registered at
Hotel 20 Minutes After the
Double Murder.
TELEPHONED FOR LAWYER
Arranged for Meeting at 7 O'clock in
Morning and Revolver Found In
Boom He Occupied.
ti,fn PRBSB IJtiHUD WISi.l
Albany, Sept. 24. At the impeach
t hearing of Governor Sulzer today
It was decided to postpone a ruling on
the legality of the impeachment arti-
' Attorney Richards, opening for the
prosecution, after the decision had been
ntrhctl to delay a ruling on the legal
ity of the impeachment articles, 4e
iMiieecl Sidser in the most violent lan
guage. "He employed bag men to scour the
state for contributions to his campaign
tod," declared Richards, "and he had
ibag himself open to $10,000 as woll as
to 2 contributions. He did more than
olleet funds. He intended to keep
them to buy stocks and to Bupply mar
tini for his stock speculations."
Then the attorney reviewed the
charges against Sulzer, recapitulating
them and attacking the governor per
sonally.
"As high as Mb office and as high
u his position," he shouted, "we are
prepared to prove low, sordid crimos
aeainst William Sulzer. Hib cmei oi-
looses wero plain fraud, larceny ana
perjury."
Defense's Argument.
"The suggestion that an offcial can
be held answerable for acts prior to his
Msumption of office is revolutionary
and unheard of," said Attorney Fox,
of the defense "I am loath to believo
that this court will approve such a doc
trine."
Then he quoted Judge Parker's argu
ment that the constitutional commission
ot 1818 removed all limitations on the
state senate's power of impeachment.
"If this be true," he added, "then the
limitations in the present criminal code
operate in tho present case."
Fox's argument was the strongest yet
made, since the impeachment trial be
gan, and the most eloquent.
When Fox had finished, Chief Justice
t'ullcn said that in his opinion tho ques
tions raised were such that they could
not be decided off hand, and he sug-
gcil delay. Senator Wagner moved
to postpone action, and Ilia suggestion
as adopted.
Attorney I). Cady Horrick then filed
liter's answer. It denied all the alle
gations except that Sulzer admitted ro-
"ivink campaign contributions, saying
accepted them in good faith. Attor-
Richards, then spoke.
To Produce Telegrams.
"be managers of the impeachment
P'ocecdinijs have subpoenaed tho mana
8e' of the local telegraph offices to
produce all telegrams sent by Sulzer,
wife, private secretary, John Hen
ney and James Garrison during Juno
MV, August and thus far in September.
The eapitol, where the trial is in pro-
was packed today, despite tho
" that only persons showing good
"n for admission were allowed to
ter.
T-i. ... .
lamnK of evidence was com
"""fed and Jacob Schiff was the raosl
"iportant witness.
.11
0NIT8D FBIB8 LSASID WIBI.
San FranciBCO, Sept. 24. Assistant
District Attorney Jas. Brennan did not
learn much, he admitted today, from
the "third degree" he applied yester
day to A. R. Coulson, the Market Street
merchant whom the police have been
holding since a few hours after George
Kovack and and William Acker were
shot dead and Coulson 'a common law
wife was seriously wounded, as they
were lunching together in the Atlas gar
age early last Friday morning.
All that Brennan was able to get out
Dr. Edward H. Todd, vice-president
of Willamette University, who has just
been electod president of the Universi
ty of Puget Sound, Tacoma, Washing
ton, left last evoning for the Methodist
conference at Eugene, without having
definitely decided as to whether he will
accept the position.
He spent this morning in conference
with the bishops of this conference at
Eugene, and wont through here this
aftornoon on his way to Tacoma, where
he will confer with the conference in
session there in rogard to accepting the
position.
While the people at Tacoma are very
anxious to secure Dr. Todd as president
of the Methodist colloge there, he will
carefully consider the situation before
he accepts the position.
He has a big campaign on at present
for a greater Willamette, Bnd, with all
the plans he- has, neariug culmination
he will have no small difficulty in
tearing himsolf away from "Old Wil
lamotte."
Prior to comine to Willamctto he
hold the position of field secretary 0
the University of Puget Sound.
PEOPLE 10 DEGORATE
ti.o fnllnwini? resolution has boon
adopted by the Salem Chorrians
"Inasmuch as thousands 01 viBiiors
to the forthcoming state fair will
the guests of the city of Salem, and
is the universal desire that Salem man
w. overv evidence of hospitality, it
r,mwtfullv urged by the Chorrians tnat
every place of business be properly
decorated during tho ween wun img
and bunting.
kt ot,irn. the Chernans, as an or
ganizntion and personally, pledge the
hearty co-operation in enieruuniug
visitors within our gates."
ANOTHEE AVIATOR KILLED.
Ionitcd raise taaito wina.l
rrn, Sept. 24. An unidentified
'""'h military aviator was drowned
totcrdav Off th fln.it nt VfirruiKA Hill
bine turned turtle 300 yards from
th ahore.
T
10
PORTLAND AS HE IS
iivi n rki nil
IP! III!1
GPJMM
YATES CASE IS
F(
UNITED 7BCM UASD WIBI.
Madrid, Sept. 24. Mutiny broke out
in the ranks of . the royal Spanish
guards this aftornoon when the regi
ment was ordered to Morocco, where
fighting is in progress. . One soldier
was killed.
The mutineers refused to embark
and a general fight started when the
officers tried to force the men aboard
transports.
FORMER KING' BRIDE ILL.
Iunitmd run Lilian WIBl-1
Munich, ept. 24. The wife of former
King Manuel of Portugal became sud
denly ill here today, and was rushed
to a private hospital.
(Continued on page four.)
AV1ATO FATALLY INJURED.
(OHiraro nasi tauao wnu.l
Rheims, France, Sept. 24. Aviator
Cavallior was fatally injured here today
while flying in a monoplane.
Foreigners are
Being Assaulted
Attacks Following Murder of Two Mu
sicians at Dance Continue and
Martial Law Declared.
District Attorney Awaiting
Outcome of Mrs. Hayes'
Injuries.
SHE IS NOT IMPROVED
Condition of Woman Wounded by
Jealous Rancher Not as Good as
It Was Yesterday.
The lifo of Mrs. Myrtle Hayes, who
was shot last Sunday by her lover, Ho
mer Yates near Fruitland, Is hanging
by a slender thread today, according to
both the Salem hospital authorities and
her attending physician, Dr. Robertson.
The woman has but very little ehance
to recover owing to the last shot fired
by Yates Btriking her in vital parts of
the neck and ranging downward.
Mrs. Hayes' condition today is not
hardly as good as it was yesterday af
ternoon. The physic ianB say that the
shock caused by the wounds is tolling
UHITIO PIISS IJUBIO WHS.
Benton, I1L, Sept. 24. The racial dis
turbances which, broke out here follow
ing the murder by foreigners of two
American musicians at a dance Satur
day night were still raging today. For
eigners, regardless of nationality, were
assaulted wherever they showed them
selves. Business houses were closed and
the homes of foreign residents barri
caded. The shoriff confessed his inability to
stop rioting and martial law was de
clared. Fifteen national guardsmen this af
ternoon discovered several aliens at
tempting to enter the home of Wyatt,
the only member of the trio of musi
cians who escaped with his life. He is
the prosecution's only witness.
HONEYMOON LASTS
(Continued on psge 8.)
Fairgrounds is a Fairyland;
A Bower of Beauty and Color
If you have not yet been out to the ever look any finer than they do right
fair grounds, take our advice and go, now, for the simple reason that when
that is if you like flowers. That is you see them you will not believe they
about all there iB to soe yet. The new
machinery hall is completed and already
the exhibits are being gotten in and ar
ranged, but there, like everywhere else
in tho big buildings, it is confusion and
clutter, boxos in all stages of unpack
ing, machinery just lying around loose,
but lots of it, and a general getting
ready for the big event which opens
Monday.
Tbo flowers, though, are all ready
for oxhibit, though thoy will be still
more beautiful during fair week, if
that is possible, becauso thoy have been
belli back from blooming in ordor to
have thorn at their best next woek.
However, you will not believe they will
could be any more beautiful or luxuriant.
As you enter the grounds the first
garden of delight. There are among
other things, 1000 dahlias and over 400
varieties, every color from almost black
to pure white. Little dnhlias, big dah
lias, great spranglod masses of bloom,
some carefully tucked up and demure,
thing that your eyos see, and about all others, just big blotches of mixed color,
you care to soe tor a while is a great no two alike and each somehow just a
bed of King Humbert Canna, seven or little more beautiful than the one you
eight foot high, with rich bronze leaves, 'saw qjust before. There are great beds
a setting of gleaming brown abovo ' of these ono on each side of the erounds
which rises a hundred bronzed spikes and another great patch of thorn at the
each with a manner of mottled scarlet ' rear. Then there is a bed of tuberouB
blossoms wreathed around it. The ef- rooted begonias, 1000 of them, that
foct is startling, and paves the way for words cannot describe. Another beau
what follows, and which is one of the ty spot is tho astor bed, and down tho
most magnificent and instructive dis- center, greeting you as you pass the
plays of growing flowers ever made on cannas, is another raiBod bed of Mrs.
tho coast. To tho flower lover, and
that means everyone, it is a veritablo (Continued on page four.)
A story of marrying a man whom
she had known but nine days, and, who,
four days after the ceremony was per
formed, left her was told on the wit
ness stand this morning before Circuit
Judge Galloway by Ella Jennings, a slip
of a girl, the plaintiff in a divorce suit
against Albert Jennings,
Foru days after the ceremony, she
Baid, Jennings left and went to Hon
tana, and, after remaining away for a
week or so, telegraphed her to join him.
While she was in the midst of making
preparations to join her husband, Mrs,
Jennings testified, Bhe received anoth
er telegram not to come, and she has
not heard from her husband since that
time.
Before granting the plaintiff a di
vorce, Judge Galloway told her a few
things about the wrongs and mistakes
a woman makes by marying a man she
does not know. He advised Mrs. Jen
nings that before she ever undertook
another step in the matrimonial circle,
she should be sure that her acquaint
ance with herjirospeotive huBband is st
leant a year or so in longth, and that
before giving herself away to another
1, a, she should be a little bit more
than sure she knows what she is getting.
IS ENRAGED
IN READING
L0VEP0E1
Mayor Murphy Forced to Read
Missive Dedicated to Mrs.
Merriam.
FACE IS PURPLE .
AND VOICE HUSKY
Crowd Laughs at He Tells
About "Her Dewy, Rosy
Lips" in His Jingle.
City of
Salem Has no Legally
Appointed Police Matron
The Weather
the
fUSITSD MISS LBD WIBS-1
;
Portland, Or., Sept. 24.-Mayor
Albee today refused to entortain
a proimsition submitted to him in
a letter from a man in a small
town In Washington, claiming to
be the "King of Kings," refer
red to In the Hiblo, to come to
Portland, If furnished 100 for
traveling expense. The man of
fered to submit proof that he U
the original Biblical Deity. The
.olf-stvled "Ki" of K'nK8"
threatened destruction of the city
In order to so far as possible clear up ' proved and became effective August 3,
the tangle over the police matron, a 1913.
Journal representative this morning ex- Since the amendment was passed no
amincd the ordinances and appointmont appointment has been made, and Mrs.
imiler which tho present police matron Lynch has boon acting as surh police
is acting, and finds the following con- matron. The question uow arlsce, "is
ditions: she the legally appointed police matron
An-ordinance was passed by the conn- of the eityl" When tho was first ap
cil which wps approved by the mayor pointed the law or ordiuanco undor
and became effective February 20, 191:1. which her appointment was made was
It provided among other things, that I declared by the city attorney to be
the matron should be appointed by the void. The council evidently bolioved
mayor, that she should hold office dur-his, for it amended tho ordinance to
ing his pleasure, that Bhe should be ( rover the points made by the city at
"undcr tho sole and exclusive authority torncy, and to make tho ordinance fol
of the mayor," and that her compenxa-' low and agree with the charter,
tion should be '"0 per mouth. j It follows that if the ordiuanco under
This ordinance was, so it is undor- which tho appointment was made was
stood, prepared by the city attorney, at illegal and void, as the citv attorney
the request of tho mayor. Later the said it was, theu tho appointment made
city attorney Btatcd in open council under it was void. From the time of
that the ordinance was illegal and con- her appointment, until tho ordinance
trary to the churtor, which provided was amended, Mrs. Lynch was, as we
that all police officers should be ap-' construo the law, acting without any
pointed by the city council. 'authority whatever. Ilor appointment
Vnder this ordinance the mayor ap- was void from tho beginning and her
pointed tho prenont pelire-mstron. 'acts as such police matron illcpnl.
The council later, evidently belioving Since the ordinance was amended, so
the ordinance was rllcgat, passed an or- far as could be learned, no appointment
dinance amending section 2 of the ori- has been made, Mrs. Lynch continuing
ginal ordinance, and adding a fourth to act under her original appointment
section. The amendment provided that hy the mayor, who it it admitted had
the police matron should be appointed no right to appoint snv one. that dntv
I
threatened nestrucuun 'v t 1 " - uum w uppuinieu u ngni 10 appoint any one
if his offer was not accepted. the same as all other police officers, by being for the council alone.
' council. This ordiuanco was sp- ' As the council 'has made
no appoint
ment since tho ordinance was amended,
and that of the mayor before that time
was void, as he had no right to make it,
the situation as it appears now is there
is no police matron.
The mayor never had the authority to
appoint, an1 the council which had the
right, has never appointed any one.
To say that Mrs. Lynch 's appointment,
which was never legal, is now good, is
simply absurd. The only power that
hail the right to appoint, hits never act
ed; how thon could any other appoint
ment be legal!
If the city council wnnts a police ma
tron, all it hns to do iB to make tho ap
pointnient and so settle the whole mat
ter. If it wants Mrs. Lynch It can say
so, and if it wants any ono else, it is
up to it to name hor. If there is to be
a police matron, her appointmont should
be above all doubt. She should havo
authority to act legally or not at all.
Now Mrs. Lymi Is acting under an
illegal appointment, made by one who
had no authority to make it, and undor
a law which has been repealed, and no
.... 1 1 1 I . . ..I
oj.liiMiiLmeui. una uuen mane unuer tne
I new law or at any time by any one hav-1 j.
ing authority o make It.
It is up to the council to settle the
matter before some oue gets the matter
into court and makes trouble for tome
one for paying her her salary.
1 mTurtfi ARE'
jCi.Ttoot
Tho Dickey Bird
Bays: Oregon: Fair
tonight and Thurs
day; light frost to
night east portion
easterly winds.
BOY FALLS 97 FEE!
ML BUT IS RESCUED
T BY POLICE,
dnitkd rtaaa uabrd wibs.
Seattle, Wash., Kept. 24. Tho
miraculous escape of Thomas
Ketchel, aged 7, with hardly a
scniti'h after fulling 07 foot to
tho bottom of an abundoued well,
is subject of comment among lo
cal physicians today. Tho hoy
wus crossing a vacant lot and an
other boy, approaching him from
an opposite direction, saw him
suddenly d i s a p p o a r. Rotted
planks covering the well had
broken undor the boy's wolght.
Police were culled and the boy
was rescued without a scratch,
but somewhat dozed,
UHITIO PUSS UUSSD WIt
San Francisco, Sept. 24.
"There was moonlight on the meadows,
There were Bhadows in the lane
As I went along with Bessie
At the grinding of the cane.
"It was drip, drip.rip
Oh, the cane Was Bvvt to sip,
But nothing to the sweetness of her
dewy, rosy lips." ,
- ' c
And that's only part of lb 'part of
the poem Major Clarence Murphy, for
merly of the governor of Louisiana's
staff, wrote and dedicated to Mrs. Bos
Hie C. Merriam, wife of Captain Henry
C. Merriam of the United States army.
Husky Wttn Bags.
His face purple, hiB brow covered
with perspiration and bis voice husky
with rage, the major bad to read the
entire poem to a crowded courtroom to
day at the trial of Captain Merriam 's
divorce suit against his wife, whom ha
accuses among other things, of indis-
retions with Major Murphy.
The major did so well under direct
examination by Mrs. M or nam's lawyer
yeBtorday that Mrs. Merriam exclaimed
to him, "you did fine," as he left the
stand.
Attorney Linforth, for Captain Mer
riam started on his cross-examination
today, however, with the avowod in
tention of "raffling the major's
bangs," and to some extent, ho succeeded.
The reading of the witness' poem
threw the court room into such parox
ysm! of mirth that Jml;o Graham, him
self on the broad grin, could not restore
order for somo time, and laughing sug
gested that the major take his lyric to
the Orphoum. 1
The dapper but wrathful major final
ly reached a point whora he could con
tain himsolf no louger, and exclaimed,
regardless of court etiquette:
I have been brought here under
falso pretenses and ought to be allowed
to protest. I was in Paris when I re
ceived word that I had been named as
co-respondent iu this case, and I came
all the way across an ocean and a con
tinent to dofohd the good name of this
woman and myself ouly to bo made
gumo of. So I wish to make a state
ment, ' ' '
Linforth wouldn't consent, however,
and, apparently against his will, Judge
Graham, who looked as if he would
have liked to hoar what the major hail
to say, was obliged to refer him to the
newspapers.
Asido from annoying the major, Lin
forth accomplished nothing. His po
oms were tho worst offonso tho witness
would admit. As for his relations with
Mrs, Merriam, ho declared emphatical
ly, and with every appearance of truth,
that they wore porfoctly innocent.
THREE BADLY HURT.
Colfax, Wash., Sept. 24. It. M.
Gwlnn, his wifo and (5-ycar-old sou are
suffering today from serious injuries
sustained when the automobile In whivh
they were riding was struck by an O..
W. H. & k, freight train at Pullman.
PUTS BULLET IN BRAIN.
Ouklniifl, Cak, Sept. 2k While a
bill collector waited outsido today, Oeo.
C. Wright, of Antloch, Cal., stopped in
to his bedroom here and sent a bullet
luto his brain.