ft
f2ziji
IE
.
CIRCULATION IS
OVER 4000 DAILY
- : .
. ,f1
FULL LEASED
WIRE DISPATCHES
.
L L
l I t n I r
THIRTY-EIGHTH YEAR
SALEM, OREGON, TUESDAY, DECEMBER 28, 1915
PRICE TWO CENTS
ON TSA1NI AND NEW!
BTAND8 ITVI CENTS
li
ill El
onmm
ZeeSiM I 21 If II II ri B.'WBR HI mimu V 1 14 II II
mm DESIGNS
M IT YET CLEAR
Officials Not Decided Whether
Constitute Repudiation of
Austrials Making Eleventh
cepting American Proposals
vanced Austria Said to
Washington, Dec. 28. Whether Cor
.ninny is repudiating her agreement in
tlio Ijiisit aiiia case or Austria U play
ing as t'losi'ly as possible to the edge
of n break with the United-States were
the questions raised today among of
ficials by reason of new submarine at
tacks notably by the sinking of the
Vaaitka Mara and the Villo De Lo
Ciotnt without warning.
The most serious features of the new
.dtuntion were the unwarned attacks
upon tlRMe two ships.
The new campaign was interpreted
is meaning one of two things tier
ninny's repudiation of her agreement
t.ci warn liners before torpedoing them,
or Austria's eleventh hour drive beforo
Hiving similar assurances.
The successful concealment of the
nationality of the attacking submarines
dded tu the difficulties of tiie fixing
of responsibility bu'orc taking action"
in the case.
The state department is planning
inquiries at the Austrian and German
embassies in Washington as well as
iiiiong American representatives from
iluoud. In this manner, it is expected,
the nationality of the attacking sub
marines will be established.
'Ambassador A'on Dernstorff has re
lumed from Xew York to resume nego
tiations in tiie Lusitania ease.
The new attacks without, warning
doubted the determination of officials
lo insist upon Austria's prompt sub-i'11-iiition
to the principles of interna
tional law ooverning sea warfare, us
fished iu the Ancona notes. Further,
if German vessels were involved, the
.ilnte department is prepared to make
u prompt demand for explanation of
Hio apparent violation of Ambassador
Von Bernstorff's written pledge to ob
serve these rules.
In connection with the new outburst
of diver attacks, it was pointed out
Hint immunity from .attack' without
warning extends to nil passenger liners
regardless of whether American citi-'-ens
are imperilled.
Are Not Optimistic.
Washington, Dec. 28. Officials wore
none too optimistic this afternoon over
Hie forthcoming Austriun roply to the
Ancona note, notwithstanding Berlin
reports said it would tic conciliatory.
A rupture of diplomatic relations
between tho two nations, in fact, was
guardedly predicted by some.
There was no disposition to recede
from America's firm demands.
It. was expected that Austria will of
fer indemnity for American lives lost,
nd pledge herself not to attuck liners
ia tho future without warning, but of
ficials apparently will be surprised if
ustria agrees to disavow tho torpedo
ing of the Ancona and to punish the
mibinnriue commander as demanded.
MAY BE CLEARED UP.
By Carl W. Ackennon.
(United Press Staff Correspondent.)
Berlin, Dec. 21. The entire subma
rine question ns it nffecls America mav
be clenced up iu a few days, the United
Press learned authoritatively today.
Austria's reply to the Ancona re
loinder will be given lo American Am
bassador l'ent'ield at Vienna this week,
$ Abe Martin
"Th' accurate delimitation o' th'
ioncept property would afford a theme
Vpecinllv opposite fer amplificntive
philosophical disquisition, however,
you've chosen your path in life an'
must tnke th' consequences," said Jus
tice Marsh Swnllow. In sontencin' Stew
Kuget this mornin. It's goin' t' be
An awful winter nccordin' t' th' girls'
jdioetops.
Recent Submarine Activ'
Lusitania Agreement 1 c-
Hour Campaign Before KM
Is One Explanation ktfi
Desire Commission
and it is reliably reported to be "satis
factory nnd final."
The party insisting that Austria
maintain friendly relations 'with the
United States upapreutly holds the up
per hand. Though roports have been
current that Austria sought Germany's
advice in tho situation, it was declared
todav that such is not tiio case.
v Wants Commission
London, Dec. 28. Austria intends to
suggest upiiointmcnt of an internation
al commission to settle the Ancona' dis
pute with America, according to Swiss
advices todav.
L
Representatives Will Fight
For It Secretary Daniels
Is Favorable
San Francisco, Dec. 28. Proposals to
have n second navul academy iu .Marin
county received n strong impetus sort
ly before Representative Kent depart
ed today for Washington. He an
nounced his intention of fighting for
such nu institution as n part of the pre
paredness program now in preparation.
At the snino time, Senator I'helan, of
California, is strongly in favor of such
an establishment for tho Pacific coast.
With California rooting for the acad
emy, n new contender, Seattle, has also
just thrown its hat into tho ring.
Politicians and commercial bodies,
it is expected, will get into the contest
and give their hearty support to the
proposal. Though United Press dis
patchos todny said Daniels does th
favor immediate establishment of the
academy, supporters of the plan took
hope from his announcement that he
regards the Pacific coast as nu ideal
location for a second academy.
Likewise, they felt that the secre
tary really forsees creation of such an
institution.
Tho problem, they suggested, now is
to seek immediate creation of the acad
emy insteud of waiting another year or
two. iu accordance with Daniels' sug
gestions. Before departing for Washington to
day, Representative Kent said: "It
occurs to me that the point in this
whole proposition is this: It is of no
use to hnvo a lot of new battleships
and other fighting vessels, with no
body to man them. You might, just as
well take a raft and put a lot of men
aboard, nnd tell them to go out and
fight an enemy ns to put n lot of un
trained officers and men aboard a new
battleship and expect results. An in
creased navy is of no use unless we
have the trained men to command
them." f
At the same time, he declared lie will
go ahead with his fight to get the
academy for the oonst, as part of the
preparednses program.
I Favors Pacific Coast.
I Washington, Dec. 28. Tho Pacific
i coast would be an ideal location for
unotner naval academy iu tho opinion
of Secretary of the Saw Daniels to
day. Questioned by the 'United Press
on the subject, in view of agitation at
both Sun Francisco and Seattle for
such nit Institution to supplement the
work of Annapolis ncademv, the sec
retary declared, however, that he does
not deem it a wise move tor ecommend
its establishment this year.
Yet, he held out hope for such a plun.
He explained that, it Is the intention
the navy department first to enlarge
the Annapolis academy and then to re
commend mother sncTi Institution,
"should conditions warrant." These
conditions, ho suggested, would prob
ably arise in the nnturnl course of
events, unless the world powers at the
conclusion of the present war agree to
disarmament or to a limitutiou of ar
innmenj. However, authorities are not entire
ly optimistic on this point, and they
suggest Hint such agreement is ap
parently not foreseen else the United
Stntos would not be embarking as it ii
upon a program of increased armament.
Daniels expects "some pressure" In
the present congress from Pacific const
delegations in fnvor of immediate ndop
tion of the additional academy plan
miner in me rnn- r ransisco neighbor
hood or in the northwest.
Congressman Kent, of California,
who left Han Francisco todny for
Washington, telegraphed the secretary
urging him to favor plan of having
an academy on the coast. Kent Is said
to favor Mc.Vcar's Point, Murin coun
ty, California, not far from San Fran
PEACE DELEGATES
Press Comment Is Favorable
and Public Meeting Well
Attended
By Charles P. Stewart.
'United Press Stuff Correspondent.)
'Stockholm, Dec. 28. Henry Ford's
e expedition is finding in Stook
; the haven of peace and the glad
A they have long sought.
J.i was oviden't todav following ox-
t.rtliely favorable press comment, and
tho fact that the largest and most en
thusiastic ponce meeting since the
party sailed from Xew York was held
here Inst night. I
Secretary Louis l.ochner, Rev. Dr.
Chavlcs V. Aked, of San Francisco, and
Swedish pence advocates addressed tiie
session. The hall was not large enough
to accommodate, the throngs that
sought to press their way in.
K. 1". Arnoldsen,' Isobcl pence prize
winner, told the meeting that too much
ought not to be expected from the
l ord Expedition, but held that never
theless it is t'ne duty of the Swedish
people to support the delegates in their
efforts to bring an earlv peace to Eu-
rope.
Dr. Aked created a stir when he de
clared that despite assurances of re
ceptiveness gained by Mndaiue Sciiwim
iner from neutral natiuns, President
Wilson was averse to immediate peace
efforts. At the same time he cited
for mer Secretary of' States Bryan, Miss
.lane Addnnis and others us advocates
of the Ford expedition.
Some of the differences of opinion
that have threatened momentarily to
drive the entire expedition upon the
rocks were still in "evidence" today.
Some of tiie delegates insisted upon
sightseeing instead of attending the
session. To those cnnie n warning from
the managers that they must stay "on
the job."
At Uie samo time. .Indue Hen Lind-
sey, of Denver, Colo., defied the man
agers orders against promoting his
plan of finding homes for war orphans
in preference to furthering the pence
propaganda.
Harold Haugerud. of Christinuiu is
the first Norwegian pence advocate, to
.loin mo party.
The American minister here is trying
to extend tho passports of the party so
they can cross Germany overland' for
The Hague.
Heavy Loss In Portland
Hardwood Lumber Plant
Portland, Or., Dec. 28. Two hun
dred thousand feet of hardwood lumber
was destroyed by a firo which stnrted
shortly after midnight in tha plant of
the Emerson Hardwood company. The
total loss is estimated nt $1"0,000.
' With difficulty firemen kept the
blaze from sweeping the entire lumber
district. At 4 o'clock the firo wns un
der control, nnd the Northern Pacific
Owl train, which had been held up two
hours by the fire, wns able to proceed.
The loss is entirely covered by insur
ance. The cause of the fire is un
known. co. Daniels, however, indicated thaf
he will not cinnge his attitude ns ex-1
pressed to Senator I'helan of Cal.lornia
iu uu. s iigu unib mo nine is noc ai
present ripe -or a second academy.
It wns Dr. Olnrk, of Wisconsin, who
said ho never knew n bnld-hended man
to be insane. Dr. Chirk, like most other
people, probably, liusii't cured to visit
an insane asylum.
SHEPHERD IN BALKANS
INTERVIEWS TOUGHEST
CLASS BOMB-THROWER
By William O. Shepherd.
(United Press Staff Correspondent.)
Monastir, Hervin, Dec. 2. (lly mail.)
Comitndjis are supposed to be the
toughest, killingest men in tho llnlkans
perhnps in tho world. They're the bor
der fighters of tho various Hulkan
stutes: Texas rangers are genllo along
side them; Northwestern mounted po
nce, geniiemcn. At lust l vo ami a
tulk with a real live comitudji of the
Servian breed. One part of his con
versation went like this:
"We went up to a houso Hie other
night iu which there were forty-two
Bulgarian comitnd,jis They i'ire'd at
us and refused to surrender so one of
us threw a bomb, ust like thin one "
holding out nn iron box the sizo of a
enke of sonp "nnd blew up the place.
It killed twenty-eight nnd wounded the
rest." Another part of his conversa
tion ran:
"Did you read Tolstoy's prediction
of thels great wnrf " He pulled a soil
ed clipping from his pocket and rend
what Tolstoy had written in IH12
there would be a grent wnr in Kurope
und a writing ninn'from the north
would arise ami hold the world in his
(rip for the next .en yonrs, after end
ing the wnr. ' Do you know who I
thought t lis great man might be
Roosevelt. Ho writes, you know. Hut
BRITISH CABINET
FACES CRISIS AT
TODAY'S MEETING
Rumor Asserts That Several
Members Will Resign
Over Differences
SPLIT ON CONSCRIPTION
GROWING MORE SERIOUS
Possibility of Lloyd-George
Succeeding Lord Asquith
As Premier
London, Dec. 2S. The British cab
inet faced the gravest internal crisis of
tho wur when it met shortly before
noon today with the momentous ques
tion of conscription to be decided.
It was rumored that several members
would resign unless the body agreed to
some form of compulsion; it was nid,
too, that Premier Asquith nnd possibly
Karl Cirey would quit if the pro-con-sciipuonists
won. In the latter case,
it is believed David Lloyd lieorge, at,
present munitions minister, would ho
come premier, lie is known to be un
alterably opposed to 'sluckers," nnd is
believed to stnnd sqnnrely for some
system of driving them into the army
or into the munitions factories.
It wns belimed tiio conscription is
sue would be settled once for nil today.
Parliament meets tonight following the
cabinet session and unless a definite
announcement is forthcoming from the
cabinet bitter debute over the conscrip
tion situation is certain.-
Premier Asquith 's opponents are
primed for battle. They will insist
that the government admit failure of
Lord Derby's voluntary recruiting sys
tem or produce figures to controvert
tho view that it not" meet with the suc
cess with which it lias been heralded.
Moreover, it was possible that a
more serious charge than any yet made
may be directed against, tiio Dardan
elles and Halknns campaigns, nnd thut
Lord Kitchener himself, may come un
der fire.
To forestnll conscriptionists' attacks
and the criticism in the mnlter of tho
Dardanelles nnd Halknns expeditions,
tho uiinistr- must tnke decisive nction
todny. At tho sinne time, acceptance
of conscription is equally certain to
bring denunciation from Irish members
of parliament and from the Laboritcs,
both of which groups hnvo announced
their tirm intention of opposing such
a course.
Iu connection with the threatened
crisis, the Daily Mail declared today
that Lloyj-deorgc had threatened to
quit the cabinet unless unmarried men
were forced into the nrmy nhend of
married men in keeping with Asquith 's
pledge to this effect. At the same time,
the Mail declared that in favoring
compulsory enlistments nt once, Lloyd
George has the backing of Knrl Curzon,
the Karl of Helboriic. the Murouis of
Lnnsdowno, Kir Frederick Smith, Wul-J
iinini,.
ier iiume i.ong ana J. Austen t ham
imliour, first lord of the admiralty,
wi,, tbp K,Patei' part of the ministers
were credited by the Mail with oppos
ing conscription, while A. llonar Law
and Lord Kitchener wero suid not to
have decided their position.
The Times called the situation deli
cate. Other papers reflected this view,
and Indicated their belief that several
cabinet resignations may be in the air.
19IM is nlmost over."
He was u man of contrnsts, this Ser
vian comitadji. With his rifle, his re
volver, his bag of doodlybomhs, each
on of which could blow up a house, he
talked to me about the dangers of
typhus nnd other Hcrvlnn diseases.
"I drink all the water that comes
my way. Jt can't hurt me. I don't
believe in sickness, you know. I'm a
Christian .Scientist."
"Have you ever been in the United
States?"
"Oh, yes. I've traveled every
where." He told me about the comitndjis he
lived with,
"Comitad.lis aron't regular soldiers"
he suid, "They're volunteers who
guard the frontiers. A good many of
hem nre men tired of everything else
in life and who nre too cownrdly to
commit suicide. For instance, In our
company of twenty men thero's a
young follow from Nish. Six years
ago he fell in love with a girl there and
she told him she would marry him if
he would go to the stutes nnd bring
back some money. So he1, went to
Portlnnd, Oregon and saved two thous
and dollars in five rears.. That's a
little fortune In Hervin. Ho hurried
(Continued on Page Six.)
I
Another Rumor Reaches Ber-
lin Thatltalians Tire of
igl
FRENCH CAPTURE MANY
GERMAN OFFICERS NOW
Fighting In Trenches With
Common SoldiersCzar
Appeals To King
Berlin, by wireless to Snvville. L. I..
Dec, 2S. Sensational rumors were
afloat today in northern Itiily.
wno story said King Victor r.nininn
uel had been wounded by an Austrian
grennde and taken to n hospital; still
another said that a general close to
him had been executed for maintaining
close relations with the enemy; while a
tin id claimed tho Italians nre so weary
of the war that if they had the right
leader they could force the government
to conclude a separate peace, despite
the pledge to the allies agaiust such a
course.
Daily Official fteport.
An enemy monitor shelled Wcstendo
yesterdny, killing two women nnd a
man, it wns officially announced to
dny. "French troops nttneked this morn
ing nenr Hirstein," snid the wnr of
fice. "Details are still lacking.
"Oermnn artillery stopped trains nt
tho Soissons station where the French
probnbly to protect it, built n hospital
nenrby. It is possible flint the hos
pitnl was hit because of its proxim
ity to the station,"
Concerning tho eastern front, the w'ar
office said, "Russian reconnoitoring
parties wero repulsed northwest of
Cartorysk nnd near Berestinny. "
German Officers Captured.
By WiUiam Philip SImms.
(United Press staff correspondent.)
With the French Army in Alsnce,
Dec. 28. Oermnn officers nro fighting
in the front rank with their men nt
Hartmannswciierkopf, as evidenced by
the unusual precentngo of officers cap
tured by the French there.
"It proveB you nre where you bo
long fighting with your men," a
French officer todny complimented a
German captain, whom he had made
prisoner.
Mnny jaegers, too, are falling into the
French net. A large number of the
soldiers recently tnken in Alsace have
been poorly trained men, indicating
that Ocrmuny is now using men she pre
viously deemed unfit for service.
Twonty-thrce officers nnd 1,308 un
wounded men were taken in the strug
gle on the summits of Hurtmnunsweil
erkopf. Why Steamer Was Sunk.
Faris, Dec. 2S. The French liner
Ville De La Ciotnt, torpedoed with loss
of about 80 lives, wus sunk by the
Hermans because they believed the
French chief of start Cnstelnau was
aboard, according to a Marseilles re
port todny.
Marseilles reported the Ciotnt was
sunk off Crete, with HO drowned and
1200 saved.
Cnstelnau recently went to Salonika
and was lust reported at Athens.
Think Submarine Sunk.
Petrogrnd, Dec. 2a. A Kussiun de
stroyer is believed to havo sunk a sub
marine off the Bulgarian Black sen
coast, according to official announce
ment todny
"Our torpedo craft snnk two enemy
sailing vessels," said the stntement,
"und bombnrded the Bulgarian const.
Several submarines nttneked tho de
stroyer Oromky which cleverly evaded
two torpedoes and repulsed tho attack
ers. It is believed one of the enemy
vessels was sunk."
Arabs Raid Border,
London, Dec, 28. British troops iu
Kgypt are dispersing Arab raiders on
the Henussl border ns rapidly as they
are encountered nnd nre driving them
to Tripoli, Cairo dispatches todny suid.
The Arubs, poorly equipped, flee when
confronted by machine guns and field
pieces.
They have tried by surprise night at
tucks to overwhelm small garrisons nnd
thus obtain ammunition wherewith to
continue their rnids. There is, however,
no indication of a general uprising of
the Arab hordes.
Peac Party Formed.
The Hague, D ec. 28. Seventeen
members of the Herman reichstng today
pledged to support a now party which
would sock nu curly penca and criticise
the government's handling of certain
Internal problems, particularly the mat
ter of foodstuffs.
Steamer is Disabled.
Now York, Dec. 28. The British mu
nitions steamer Pnthnu which sailed
Wednesday for Hull, la slowly returning
GERMAN
IIErl
I VICTOR li
BEEN WOUNDED
BEFORE HE LEAVES
Col. House On Same Steamer
Requests Papers Not to
Discuss His Mission
:T:S
r;Ybi'k, Dec. 28. As recalled Ger
muu, Attache Boy-ed prepared to sail
today,, with Colonel House, rrosident
Wilson's envoy, and American Ministor
Whitlock of Belgium as shipmates, it
was persistently reported that ho would
tnke with him to the fatherland an
American bride.
Before sailing, House commented:
"I hone the American press and pub
lic will not speculate further concern
ing the object of my trip, but thnt they
will accept my statement previously
given, wtin u covers tiie inctB. i repcui
that the trip has absolutely nothing to
do with pence proposals."
The previous statement was that he
is going to Europe to inform American
agents as to.thc administration attitude
on a number of problems, instead of
calling them home to tell them.
House said :hnt lie would iirst visit
Ambassador Pace nt London, nnd would
then see Ambassador Shavpe at Paris,
and Ambnssndor (tcrnrd at Berlin,
though he doubted that he would con
fer with Ambassador Penfield nt Vien
na. He expects to be gone Bix weeks
or two mouths on his mission, which,
it is understood, foreign governments
hnvo approved.
Whitlock wns returning to Brussels,
improved physically after his recent in
disposition.
Boy-eel Denounces rress.
At the dock, Bov-ed was surrounded
bv n crowd of friends. He gave a pro-
pared statement, bitterly denouncing
newspapers, particularly t lie rrovuience
Journal, which had mndo charges
against him..
,TWhilo our enemies nre being sup
plied from America with all forms of
munitions," it read, "nnd without
which they would long since been over
come, I nave been denounced lor c.nnr-
tering shins to provision our cruisers at
sen nt the outset of tno war, as though
it were a crinip, instead, ns your courts
eousidere it, n strictly lawful net.
"Ships that brought coal and pro
visions from Hongkong to Admiral
Dewey at Manila may cleared for
Maceo and China and not for tho war
ships. Their clearances stated that their
enrgo wns of scrap iron.
"It is my heartfelt hope that Uor-
many and America which have so many
common interests always will maintain
friendly relations, that peace may como
soon. With an abatement of passions
to enable Americans to hnvo for Ger
mans the same good will as former
ly." further, the statement expressed "ap
preciation for the hospitality accorded
hnn before the war. He was particular
ly thankful for the "rare comradeship,
of the American navy thnt I hnvo boon
permitted to enjoy, due to the kindness
of its gallant und adimnrblo officers."
Keierriiig to newspaper attacks, ne
declared pnrticulurly, "silly" tho
story thnt ho wns planning to nid Hu
ertn in stnrting a Mexican revolution
to keep America busy at homo.
Moreover, he predicted that the time
is coming when the government will be
forced to suppress "wild and reckless
utterances of irresponsible papers"
which not only have i isultcd tho diplo
matic representatives of friendly gov
ernments, but nlso have embarrassed
the country's intermlionnl relations.
BEER FAMINE AVERTED.
Marsh field, Or., Dec. 28.
Murshrield is happy again to
day lifter several hours of in
tense anxiety. A beer famine
was threatened for the last 4
days in which beer was expect
ed to flow freely. Only n few
kegs remained (in the ontfro
city when the steam schooner
Yellowstone arrived with a
fresh supply.
to Halifax with engine trouble. Her
difficulty is mysterious, for she wns
carefully guarded against nntl-nlly
spies while she was loading at tho Ho
boken docks.
Bulgars Will Hold On.
Sofia, Dec. 28. Bulgaria will never
restore conquered Macedonian territory,
which rightfully belonged to the Bulg
ars, CV.ar Ferdinand told parliament
in its opening session today. At the
same time, he presented a review of
Bulgnr victories.
Czar Appeals to King.
Borne, )ec. 28. Ciar Nicholas of
Russia has sent Ambassador Schelnko
to Bucharest with a personal message
to the Romanian king, asking him to
join the allies, according to information
Here todny.
Operation for Kaiser.
London, Dec. 28 Kaiser Wilholm will
undergo a throat operation within a few
days, said Swiss advices today. Mnrnn,
however, did not confirm thoso stories.
British Steamer Bunk.
London, Dec. 28. The British steam
er Van Stlrum has been sunk hv a
submarine, but her crew was rescued.
JOHN H. LEWIS IS
El
Supreme Court Holds Against
Highway Commission In
Engineering Case
GOVERNOR'S CONTENTION
REVERSED BY COURT
Lewis Must Assume Active
Charge of Highway Affairs
In This State
John II. Lewis, state engineer, is also
head of the highway department and
Chief Deputy E. I. Cantine will servo
tho state engineer and not the stats
highway commission, according to the
docision of the state supremo court this
morning. This is the last word of the,
controversy that wns started during
the 1915 session of the legislature. Tho
lawmakers attempted to fulfill one of
their mnny pro-election promises to con
solidate some of the various state com
missions. The only one they consoli
dated wns thnt of the state highway
engineer nnd tho state engineer but tho
net provided for a chief deputy and B.
Cantine was appointed by the high
way commission.
Lewis took charge of the highway
department under the terms of the re
cent law and immediately clashed with
tho highway commission. It was up to
Cantine to select his master and he
chose tho board nnd Lewis resigned as
stnto highway engineer. On August
27 the board issued nn order declunng
Cantine to ho the state Highway
ongineor in fact.
In the opinion handed down today
Justice MeBride says in parts
"The mw passed by the J915 Icgn-..
laturo imposes upon the state engineer
(John II. Lewis) the duties enumerated
in Chapter 3H9, laws of 1913. Tho
state engineer is responsible to tho
Btate and the parties coming within
the torms of the act. The chief deputy
is answerable to his superior. 'No
man can serve too mastors.' Any
other arrangement would lead to ehaoo
and produce confusion. The state en
gineer cannot be relieved of the trust
imposed in him by the statute except
by the expressed will of the lawmaker
and the order of the highway commis
sion of August 27, 1915, did not havo
that effect."
This is a virtual affirmation of tho
opinion of Attorney General Brown oa
the subject. Wlien lewts assumed ac
tive eoiitrol of tho affairs of the high
way department the commission sought
Brown's opinion nnd he replied that
Lewis was in charge of the highway de
partment under tho terms of the law.
The commission men sceurea un opinion
from Judge C. L. McXary which opin
ion said thnt Cnntine wns Highway En
gineer in fact and tho board acted upon
the opinion of McNary.
The present cuse wnicn brought tno
controversy before the supreme coury
wns started by a firm ot contractors
askinor that Lewis submit estimates sp-
nn their work on Columbia Highway.
Lowis replied to them thnt Cantine was
in charge of the highway work and the
firm brought mandamus proceedings to
compel I.cwis to mnke the estimates.
Lewis demurred to tho writ on tho
ground thnt it did not contain sufficient
facts to constitute a cause oi acion ana
his demurrer wus over ruled nnd at
hough Lowis lost his point at law ho
won out in his origiunl contention that
ho wns stnto highway engineer undor
the law of 11)115.
This hns been a long controversy ana
bitterly contested on both sides. Tho
highwny commission was divided npon
tno question nut me mnjurnjr ruieu mi
Cantino wns the highway engineer and
their action resulted In the order which
roliovnd Lewis ot the duties of th
office..
What chances tho ruling of todny will
have upon the office is not known at
present. Under the terms of the law
Lewis must mnko tho estimates and t-
make thoso estimates he mpst be
thorouchlv familiar with the work nnct
since he is responsible for the reports
it is probable that ho would prefer to
have his deputies perforin the work
undor his own personal supervision.
THE WEATHER
LIKE SHOW)
Oregon: Gen
erally fuir west,
snow cast por
tion tonight)
Wednesday gen
erally fair; west
erly winds. j
lira
BY TODAY'S RU