a.11 the News that's Fit to Print Everybody Reads the j DaMy Capital Journc jj TDE LARGEST f TQE BEST 1 NEWSPAPER HHIMIIttltttt ol n n n aw.V. Ml 4 'V f.i?.Mn 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.