Daily capital journal. (Salem, Or.) 1903-1919, January 27, 1914, Image 1

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    AIL the News that's Fit to. Print
Court Holds State Suffered
Nothing by Reason of
Handling Money.
Then There Would Be Grounds
to Sue for Amount, Says
Judge Kelly.
Holding that the state of Oregoi
suffered no loss by reason of the irregu
lar manner in which the state board
iiandlcd the penitentiary revolving fund
Judge Ke)ly this morning sustained
the motion for judgment in the case
of the state against Governor West,
Secretary of rf'utj Oleott and Treasurer
Kay and ordered the suit dismissed.
In rendering ui., ilocitiou Judge B1
ly hold however, if the pleadings bad
shown that the state had lost or been
injured on' account- of the revolving
fund having been used irrogularly, the
defendants would have been at fault
and that judgment would have been
awarded the plaintiff. Qr, declared the
court, had there been any felonious
motives shown in the use of the funds
the stute would have boon entitled to
recover. Sufficient evidence was shown
by the defendants to convince tho court
that the state has not bcon injured in
any way and that while tho funds were
Iiandlcd in an irregular manner, tho
state has no grounds on which to base
an action for recovery for the roason
it has not been reliovod of anything, j
Crawford Blamed. .
It was strongly hinted today that
Attorney-General Crawford has been at-
tempting to uso the lawsuit as a club
with which to knock Governor West in
the event the latter announced himself j
as a candidate for ro-olcction. It was
.said that the attorney gonoral purpose-
ly delavcd the final hearing of the case
l)v holding up his answer to the de-
fendants' reply hoping to tide tho mat -
,., .. til offnr h. l.rlmnrv Wt.
ion in May.
These charges were made in open
I 1 infill fl ?lf o fl rl jtF rt i I
? w w3oESS' f ,..
conrt when tho motions were argued by 1 ortiand.
fonnsel for the plalntiifs. Assessed Valuation Important.
What Court Bald. Justice McNary said on the first prop-
, ositlon as follows:
The court said In deciding tho case: ,
, .. . . "The assessed valuation of county
"The view tho court entertains on
,, , ., . . .u t. 1 the valuation shown by the assessor,
these motions is that whore there has J '
, ... i plus the valuation of those public utll
lieeu admitted by the reply an affirma- ' r
.. . ... ., , itics ascertained by the Tax commission
live defense, if such affirmative do- ..... . . , . ...
. , til an,l tnat wnm tne legislature used the
...,'. , . .
the action as set forth in the complaint,
,., . . , , .
it would be proper to ontor a judgment
" , ,, . .. , , , .
upon the pleadings for tho defendants,
"Tho allegations of the complaint
which tho attorney-general has called
the court's attention as being put at
issue are either allegations of conclu
sions of law, or an allegation of dam
age, which Is refuted by the affirmative
matter set np In tho answer which af
firmative mutter is admitted, applying
of course, me view of this court .to the
question of tho mcaiura of damages,
which should toatrol the ease. " . '
Measurer of Damages.
'It Is the view of this court that the
measure of damages in this case would
lo tho difference between the value of
the services and the property obtained
lv tho use of tho funds in question and
the amount of such funds used, and the
allegations of the further and separate
annwer are to the- effect that there is
no difference, or tht the market value
was the amount raid and that the prop
rty could not have been obtained for
lens and that it was nocessary to ob
tain the mm in order to maintain a
public Institution, and for that reason
it is the opinion of the court that ths
pleadings disclose that ne damage haivotRrt relied upon the statute, con
(Continued on page four).
Irregularities in Clatiop Coun
ty Election Not Sufficient
to Throw It Out.
Question as yto Registration
Also Held to Be Unimport
ant by Court.
Besidos donying two petitions for
rchearings, the supreme court this morn
ing handed down eight opinions among
them that of T. L. Parker against the
county of Clatsop, and its ofifcials in
which the opinion' was written, by Jus
tice McNary.
By the opinion rendered today, Clat
sop eounty is now authorized to ex-
pond $100,000 upon the permanent Im
provment of three of its main highways
An appropriate proceeding was brought
to annul a special eloction held in the
county on the 4th day of November,
last, upon the ground of certain Irreg
ularities in the election sufficient to
prevent tho court from expending the I
money to be derived from the sale of
the bonds.
The legislative session of 1013 passed '
a law providing that upon the petition '
of one-twentieth of the registered vot-1
ers, the county court must call an eloc-1
tion and that the poople could vote
bonds for the road improvnients, provid-'
oding the outstanding bonds and the
bonds to bo voted for road improvmonts I
would not exceed two per cent of the
ass08scd valuation of tho countyy. The'
eloction was called and hold on Novem- j
bor 4 1913 at wulth timo the I'col,le
of Clatnop county voted in favor of,
the iance and snlo of tho bonds,
Error wa claimed that the assessed
valuation of the county was to be taken
from tho assessors roll and that two
I,or eent of the valuation as shown by
tho ro11 voM be um lc thttn wor
.000 - and 1,190 tliat 1,16 election was void
Oil BCCOUllt Of being held Under the Gill
I80' nc'(' unconstitutional the latter part I
' November in the caso of Coffey vs. j
expression 'the assessed valuation of a
county,' it meant the consummated acts
' '
of all tho agencies employed in doterm-
'ing the amount and value of property
available for taxation."
Finally, the decree of the lower court
is sought to be overturned for the
reason tho polls were kept open from
eight o'clock in tho forenoon, until
eight o'clock in the afternoon as pre
scribed in the general laws for 1013,
page 6S.1, also, that' the registration
books were elosed 'pursuant to soction
5 of act fifteen days before the date
of election.' 'This law, otherwise known
as the Gill act, was by this court hold
unconstitutional in tho ease of Coffey
vs. Portlpnd, dooidod Nov'cmbor 25,
Three weeks had intervened between
the result of the election and the do
termination by this court that the law
iroverning the election was void. No
question is here raised as to the want
of jurisdiction la the county court to
call the election, nor to tb lack of
qualifications of those participating
there in, save the Indictment that those
voting registered under the law subse
I qpnt)y declared void. Tho officials
conducting tho election as well as the
(Continued on pa
$5,000,000 AND EIGHT
Encouraging Reports as to Im
proved Conditions Are
Coming In.
Steamer Busily Engaged In Bringing to
Safety Persons Marooned at Two
united rnitss leased -wiri.
San Francisco, Jan." 27. California
was recovering today from one of the
worst storms in its history. Beports
from everywhere were encouraging. The
storm left a long record of damage and
loss of life, however. It -was conserva
tively estimated that the monetary
loss would be $5,000,000. Eight per-
An- ... Ifnnvn f a naA m nf aath I
. The skies were cloudless hero today.
The Southern Pacific, shortly before
noon, chartered the Pacific Mail steam
ship Santa Clara, which will leave this
port at 2 o'clock this afternoon for San
Luis Obispo. There it will pick up 175
storm-bound passengers and . convey
them to San Pedro and Los Angelos.
Returning from the southern port, the
steamer will take on the marooned pas
songers at Santa Barbara.
" Elvers Are All Tailing. . ' ,
Sacramento, Cal., Jan. 27. Most en
couraging reports are being made at the
United States weather bureau here re
garding the flood situation. The river
stage at this point at 10:30 o'clock was
27 feet, 8 inches, only one-tenth of an
inch rise in almost 12 hours. The
Feather, Yuba and American rivcers,
tributaries of the Sacramento, are all
falling. All levees are holding, no ero
sion being manifest, and all danger, if
there over was danger of a flood in
Sacramento, is pant.
From Walnut Grove to the lower San
Joaquin, the river is at flood stage and
at the San Joaquin bridge it is above
the flood stage. No damage, however,
has been reported.
It is expected that tho predicted cold
weather tonight will check tho flow of
water into tho uppor roaches of the Sac
ramento, and cause the water to fall
at all points.
Millions Dollars Damage.
Los Angoles, Cal., Jan. 27. Million
dollars was tho conservative estimate
of the damage done to southorn Cal-
fornia by the throe days storm that
swept through the ontiro state south
of the Tchachapi. The skies weie clear
ing today, and it appeared that the
backbone of the storm was broken.
Eight persons are bollovod to have
boon drowned and scores have been
compelled to abandon their homes,
Half a hundred trains are stalled i'l
tho interior.
vxited mass liascd wiki.1
Los Angeles, Cal., Jan. 27. Firemen
again roscued a rainxoukod kitten that
climbed a telephone polo and yowled
for help. The same kitten -was taken
from the same pole the day before. '
Pan Francisco, Jan. 27. Answer to a
suit for divorce filed by his wife, Ani
ta, was made here today in a cross
complaint by Nat Llc henstein, a brok
er. He denied his wife's allegations
that he had failed to provide for her,
and sIko that his income is as large as
stated in Mrs. Llchenstein 's complaint..
Tho Liohensleins, a year ago, filed
cross-suits for divorce, Llchenstein
charging infidelity and Mrs., Llchen
stein a conspiracy. A jury found
Llchenstein gui'ty of criminal conspir
acy, but neither was granted S divorce,
Labor Wants Its
Own Party Now
Proposition Will Be Fully Discussed At
Meeting of Delegates From All
Over Great Britain.
Glasgow, Jan. 27. A proposition to
build up a separate and distinct elector
al organization in all the industrial
centers of England, entirely independ
ent of the Labor party with, which it
is al'ied in Parlta'iient, is one of the
chief questions to be considered at the
14th annual conference of the Labor'
raity of Great Bniau which began s
throe days' session rere today. If this
leconimendation of the executive com
mitter should be adopted, it would mean
a largely increased number of three
turner contests Unionists, Liberal and
1 nbor in the iiecc geneial election,
which will probably take place in 1915.
Tho Labor party is pledged to work
and vote with tin Liberals in Parlia
ment, but there is no obligation to re
frain from putting up labor candidates
against Liberals a, ths pells. In sev
eral lecent elections in districts hither
to represented by Liberals, the Union
ists have won becausa o' the Domination,
for the first tinn of Labor candidates.
Notwithstanding these rlefcsts of the
"government coalition" the Laborites
argue that they are entirely justified
in offering their own eaud. dates, espe
cially in constituent ;S vhere the popu
lation is overwhelmingly Industrial.
Among other resolutions to be con
sidered are: That 1 ul.or member! i f
Parliament shall "out -.bine to the parly
funds $250 out of their. yearly salaries
of $2,000; legislation 'or a gvnoial min
imum wage, reduction of hour of labor
lo 48 per week; tho prevent'on of tin
omiloymcnt; anl the luildmg up of
healthy homes for all wikmen; and
r.o'ests against 'n-.i'.'h fuelling and
the proposed introduction of 'the syi
.em of conscription a ndvecated by
tho National Servi',3 league. It is nj-
effary that tho party will reiterate its
advocacy of suffrage for women on the
same terms as that accorded mon, and
that it will take a strong stand against
tho international increase of armaments
FOR $5,000 FOR
united rnrss MUSED wins.
Orogon City, Or., Jan. 27. Alleging
that tho former contender for the light
weight championship of tho world hud
alienated the affections of his wife,
Guy n. Pace, a barber, today brought
suit against Bud Anderson for $"000 In
the circuit court here.
In Aufust, 1913, Taco secured a di
vorce from his wife on the same allega
tions named in the alienation suit.
Paee alleges in tho suit filed today
that Anderson sought out and became
acquainted with his wife In September,
1911, and subsequently held secret
meetings with her. It is further al
leged that, after he and his wife moved
to Tsleton, Cal., Ander'nn wrote letters
to Mrs. Tace and called her on the long
distance telephone.
Automobile rides alleged to have
been taken by Mrs. Tace and Anderson
in Los Angeles and Oregon City are al
so recounted in the complaint.
San Francisco, Jan. 27. President
John M. Eshelmnn, of the California
railroad commission, today announced
his candidacy for the lieutenant gover
norship on the ticket with Governor
The Weather
The Dicker Itird
anys: Oregon, un
settled for tonight
and Wednesday,
priiiiawy rain or
snow and westerly
Reads the
27, 19H.
Railroads Which Allow Spe
cial Privileges Canr.ot
Hope for Gain.
Beads Performing Services for Lees
Than Worth or Free Will Have No
Standing la Court.
Washington, Jan. 27. The Interstate
Commerce Commission. served notice on
the railroads today that it will author
ize no increase in freight rates unless
assured that tho companies are insist
ing on full payment for their services
that is to say, that they are perform
ing no services free or for less than the
services are worth.
The management must show, as the
commission expressed it, that they are
requiring "a reasonable contribution to
their revenues for every service they
perform and that, even with this full
exaction, their revenues are shrinking."
The commission also found fault with
the eastern railroads' rule, relative to
"Industrial lines" short railroads or
tracks owned by various industries and
connecting their plants wifh the regu
lar railroad companies' tracks.
Would Add XfUUoaa, M
Service over the "indnstrial lines,"
said the commission, would add millions
annually to the railroads' incomes I
"if charged for."
"No substantial part of the woll In
formed, reflecting public would deny
to the owners of railroads a reasonable
return on thoir investments,'-' continued
the report. "Nevertheless, before they
may fairly ask tho general public to
sharo further in carrying their bur
dens, it is manifest that the railroads
must thomsolvcs properly conserve their
sources of rcvomie by making every ser
vice rendered by them reasonably to
their enrnlngs. "
Bates Must Be Reasonable.
"This having been done, the com
mission, upon adoquate showing of the
need of additional revenue, will not
shrink from the responsibility of sanc
tioning such monsures. Including oven
a general advance in rates, as may he
accomplished under rates and charges
that are reasonably just alike to ship
pers and carriers.
"But if further burdens, through an
Increased scale of rates, may justly be
Imposed on the gnneral public, all must
agree that unlawful concessions, re
bates and preferences in the Intercut
of a small proportion pf tho shipping
public ought to bo eliminated from tho
practices of carriers."
Ruling Very Important.
The commission. 'a ruling was consid
ered by exMrts here as one of tho
most Important It has mado In years.
It laid down tho principle that service
by the rnllroads beyond a reasonably
convenient terminal was entirely a ship
per's service, and ought to be charged
for as such. The custom of rendering
It free was denounced as giving an un
fair advantage to concerns owning "In
dustrial lines."
frxi-rno niEHS t.KASun wnm.l
Washington, Jim, 27. President Wil
on issued this afternoon a formal ex
ecutive order establishing civil govern
ment on the Panama cannl zone. The
making of Colonel Oeorgo W, (loethals
as governor of the zone was expected
to follow soon.
Washington, Jan. 27. Dispatches re
ceived here today by the navy dcrt
ment reported the arrival at Very Cruz
of the battleship Minnesota, with 4fi0
marl dos aboard.
Daily Capital - Journal
DDirF mtf
Up AH Night Directing His Me n and Conspirators Had Plans
All Made and Only Awaited Signal to Slay TyrantSaid
to Have Ordered Execution of Everyone Concerned in Con-spuracy-Ferdinando
Gonzales and Five Others Secretly Exe
cuted Carranza Insists He Will Name Provisional Presi
, dent.
Mexico City, Jan. 27. That Ferdi
nando Gonzales and five others sus
pected of having been Implicated with
him in the plot to assassinate President
Huerts had been secretly executed here
was repoitod today.
Huert himself was said to have or
dored the execution, and that of every
one else connected in the conspiracy.
Today's developments Indicated that
the president had an extremely close
call. He was up all night, directing his
men, and receiving reports.
The conspirators had all their plans
completed, arms and ammunition ready,
and only awaiting the signal for thoir
coup. '
Would Name President
Cullacan, Sonora, M'ex., Jan. 27.
(Via Npgalos, Ariz.) "If there is to
be s provisional prosideut in Mexico, I
shall name him."
This declaration was the outstanding
feature of a public address toduy by
General Venustiano Carranza, the lead
er of the Mexican constitutionalists.
"Groatly encouraged by the support
the road bonds are rocoiving from all
parts of tho county, Hon. J. L. Cnlvort,
chairman of the Committee of One
Hundred, has Issued a call for a gen
eral meeting In Salem next Saturday,"
said Ralph Moorca, assistant secretary
of the promotion department of the
Commercial club, today.
"This matter will be for the purpose
of outlining tho real campaign. Tho
committee's efforts np to now have
been mainly concerned with getting tho
names to put the measure on the ballot.
This meeting will elect an executive
conimitteo of five or eoven, which will
have actlvo charge of 'the real work of
educating tho voters of the county as
to the merits of tho proposed bond Is
sue, The various towns of the county sre
prgorossing splendidly with tho work
of filing the petitions. Woodburn has
turned In several hundred, and signa
tures are being secured as fast as the
voters register In Sllverton, Oervals,
Mt. Angel, Jefferson and other towns.
"A committee of good rond enthusi
asts will close the campaign hero In
Salem with a whirlwind finish and ex
pects to add the nnmes of several hun
dred registered voters. It will be tho
aim of this conimitteo t(i corral tho sign
ers and escort them under custody In
to thn jurisdiction of Clerk Max
Gi'hlhar for early registration."
Lns Angeles, Cal , Jan. 27. Lewis
Bundy, IN years old, confessed slayer
of Harry Zoische, fifteen years old,
went on trial today In the superior
court. The early session was spent in
n effort to securo a jury.
Karl lingers, counsel for Bundy, ad
mitted his client's guilt, but Indicated
that hi) will plead Insanity and try for
a verdict of second degree murder.
ftundy last Christmas eve, lured
Zdlicho to a lonely spot and killed him
Three thousand persotis heard the gen
eral make his first public remarks sine
leaving the American border, where ho
conferred with William Bayard Hale,
Carranza broadly Intimated that
Americans suffering financial loss in
Mexico cannot expect reparation if the
constitutionalists are victorious. Ho
charged that the American government
has needlessly prolonged the present
struggle, causing heavy and unnecessary
loss of life, and that, as a result, they
should not expect unusual consideration
from his party.
Regarding the proposal that a pro
visional president acceptable to all
Mexican factions be named until per
manent government may le estab
lished, Carranza, aftor declaring his po
sition, added:
"Governments and Individuals have
been ready always with suggestions as
to the conduct of affairs in Mexico,
but never with the tangible aid they
might give. I shall wage a war of ex
termination upon the Huerta forces.
Our success Is inevitable, and, there
fore, I shall listou to no peace pro
gram." to got money to purchase a Christmas
prosont for a fifteen-year-old Ventura
San l''runcisco, Jan. 27. Holding that
thero was nothing to justify the ar
rest of Mrs. Lulu Parsons on a chargo
of rioting when stio attempted a meet
ing hero a wcok ago, Police Judge
Sullivan today ordered tho caso dis
missed. "The evidenco In this caso," said
Judge Sullivan "shows that Mrs. Par
sons wns ateuipting to avort trouble
sous was attempting to avert trouble
start a riot."
Portland, Ore., Jan. 27. Rod popper
placed on a handkerchief with which
Iiudolph Kubiscu wiped his perspiring
brow caused such paroxyms that he bad
John Victor, a bar tendor, arrested. Ho
alleges Victor "doped," his ",mop"
with the sneeze producer.
Portland, Ore., Jan. 27. "Can't get
a job without a frock coat and can't
get a frock coat without stealing it."
The police say Lee Gross, a jobless act
or, made this explanation when arrested
for tho alleged theft of a coat from
Waltor Ilex, a vaudeville singer.
San Francisco, Jun. 27. Harlem Tom
my Murphy thinks a jinx Is ou his trail.
After three postponements of sceduled
bouts with Champion Ritchie, the New
Yorker's proposed eight weeks theatri
cal tour wns cancelled because of pro
hibition agninst stngo boxing in Chi
cago ami the middle west.
Los Angeles, Cal., Jan. 27. Mrs.
( hsuncey llntler got a divorce because
ltutler, although he a chef, refused to
provide. "Ho pocketed his wages,
while I used what I made as a chorus
girl to pay the bills,". Mrs. Butler. testi