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"THE COUNCIL IS RIGHT TRIBUNAL" ATTORNEY F. C. ROBERTSON SHOWS VERY CLEARLY WHY POLICE COMMISSION SHOULDN'T HEAR CHARGES. Here is the answer, In part, of Attorney F. C. Robertson, for the plaintiff, to the corporation coun sel's notice of the hearing of the Sullivan charges; it is a very clear statement of why the council, and not the police cmomission, should hear the case: "You do not say in your notice before whom such trial will take place, nor how, or by whom that date has been set. Assuredly, it has not been set by the city coun cil, for that body has fixed a differ ent date. "As you are aware, the charges preferred by Mr. J. H. Elliott against Acting Chief of Police Sul livan were filed with the city clerk and before the city council, and the date was set by this body for hear ing the charges, although your of fice has given a contrary opinion that the council was without juris diction to hear these charges. "Chief of Police Sullivan, a de facto officer, obtained a temporary ■writ of prohibition against the council, and the date set for hear ing the matter on its merits. It ■was stated that the matter would rest as it was until a decision of the court. Five superior court judges, sitting en bane to hear the matter, both sides being represent ed by council, decided that John T. Bullivan was charged as chief of police, that he was chief of police de facto, drawing the salary, and performing the duties of such, and that the word 'acting' did not change his powers, or lessen his responsibilities. "Mr. Sullivan did not appeal, but sent In his resignation as acting Chief: the mayor then declared an emergency, assumed the duties of this office, and thereupon, nomin ated W. J. Doust, who accepted the appointment, Beth Mayor Pratt, and ex-Chief of Police Sullivan recognized th*e decision of the "court which holds that the charges were triable by the council, by not MORE ABOUT FRED PUGH ♦ DR. MORRISON. ♦ ♦ 1 4> Because of the inadequacy ♦ e> of his bills it was impossible ♦ ♦ for this grand jury, after an ♦ e> exhaustive search, to ascer- ♦ e> tain the correctness of thsee ♦ ♦ claims. Many of his claims ♦ 4> were not properly vouchered. ♦ 4> and the county commissioners ♦ + apparently made no effort to ♦ 4> ascertain the correctness of ♦ ♦ the same. ♦ a> We made an exhaustive ex- ♦ e> animation of Dr. Morrison's ♦ e> books, in addition to the ♦ ♦ claims filed with the county, ♦ 4> but no information was ob- • ♦ tamable that would be of ad- ♦ e> vantage in the investigation. ♦ 4> In this respect, as in many ♦ e> others, the old board of coun- ♦ e> ty commissioners were very ♦ e> lax and negligent and we do ♦ 4> emphatically condemn both ♦ S> the old commissioners and Dr. ♦ e> Morrison for not having the ♦ e> county furpished with proper ♦ e> vouchers and bills for service ♦ ♦ performed. —Grand Jury Re- * ♦ port, October, 1909. ♦ The Dr. Morrison ease is but an other iucident of the ring regime] at the court house. Dr. Morrison was county physician and health of ficer for a period of years and was paid a flat sum as physician and fl per mile one way as health of iicer. There always seemed to be a reign of epidemics of some kind while Dr. Morrison was on the job, and the health of the people around Uitah seemed to require a good deal of attention. A trip to Latah brought Dr. Morrison $42, bence was frequently visited. The present prosecutor, Fred C. Pugh, conducted the Investigation Into Dr. Morrison, and while the conditions were found bad, the same verdict as in many other cases was returned: "Released IS CUMMINS A STANDPATTER? (By United Press Leased Wire.) CHICAGO. Oct. 25.—Standpat ters today are extending tbe olive branch to Senator Cummins of lowa, whose they declare once Again is "one of us" because of his •jpooch last Bight la which he de clared his lnten H "° to support the Fayoe tariff. Cummins' speech is considered significant In that it •sows tbe progressives are realiz ing tbe danger to tbe cause of re Bioileanlsm if factional strife is al woo. "With oil Its Inequalities and mistakes 1 would rather have tbe Payne tariff act for a thousand years." said Cummins, "than to suf fer the disaster of an application or Of Use democratic tariff theory for • atoffM snoot*." appealing therefrom, and by giv ing up the office. "Under this state of facts, with these charges still before the coun cil, although we have not been In formed by your letter, or at all, it has been stated in the public press that the mayor has caused a copy of the charges, on his own motion, to be filed with the board of police commissioners. There was no con sultation by the mayor with Mr. El liott, or his counsel, and this hear ing being noticed for the council chamber, we are at a loss to know in what manner Mr. Elliott, or his attorneys, can, without authority, be summoned to such hearing. "When John T. Sullivan began tc act, under the illegal appointment of Mayor Pratt, as acting chief of police he ceased to discharV the duties of captain of police, and these charges, relating to this per iod of his acting in official capacity, makes the council the proper tri bunal. Mr. Elliott not having au thorized the filing or bringing of these charges, except before the city council, or being willing to rat ify or adopt the act of any person in seeking to prosecute these charges, at any other or different place or before any other or diferent body, we, on his behalf, inform you that we will not appear and prosecute, these charges elsewhere while pending before the city council; to do so would be improper. "If your office will co-operate in presenting these matters to the City council, and await the disposition by that body of the charges, we are authorized to inform you, on behalf of Mr. Elliott, that he stands ready to assist in any way in presenting the facts upon which he based the charges to the said city council, tc the end that they may act as their wisdom directs, and we trust that all branches of the city government, at such time, will co-operate to the end that the facts may be under stood and justice done." for the want of evidence." Yet the findings of the grand jury are of public interest at this time when the question of county affairs is un der discussion. Dr. Morrison pulled down about $6000 a year from the county for several years. CONTI N U E D WR O M PAGE, ONE VESUVIUS burst from the crater and mud riv ers are flowing seaward, burning or engulfing everything in their paths. The roads in the provinces in the vicinity of the ancient moun tain are covered with 30 feet of mud. In Naples a dozen houses col lapsed, due to the subsidence of the earth, following the renewed activity of Vesu\ius. People fled from their homes in terror as the volcanic earthquakes shook the city. At Salerno. Setaera and Amalfi, 1 floods wrought g'eat havoc and the damage done is estimated at sev eral millions. The mayor of Casamicciola today appealed for aid. He reported that the hitherto extinct volcano of Epo meo again has become active. This volcano destroyed Casamlcciola In j 1883 and killed 1700 pc rsons. The slopes of Vesuvius today! were swept with a cloudburst. The ! fires within the mountain are re- j ported to be dying down, but ob-! servers of seismic phenomena de- \ clare that conditions at the present j time closely resemble those which Usually precede a violent eruption j of the volcano. COLLINS OP ATHLETICS TO BE MARRIED (By United Press Leased Wire) PHILADELPHIA, Oct. 25—An nouncement of tbe engagement of Eddie Collins, second baseman of the champion Athletics aud tbe par ticular star of the world's series just ended, was made today. The bride to be is Miss Mabel Doane of Clifford Heights. The wedding will take place November S. WILL WREBTLE FOR THE CHAMPIONSHIP (By United Press Leased Wire) MINNEAPOLIS, Minn., Oct. 25 — Henry Ordeman aud Kid Cutler will wrestle here tonight for the world's championship. Prank Gotch, retired holder of the title, will referee. KLEIN TRIAL ON THURSDAY The case of Paul Klein, .who Is charged with the murder -of A*> on the Port Wright reserva tion, has been set tor October 28 In Seattle. JACK IS A GOOO LOSER Jack Is Ring Champ, But He Makes Poor Show on Auto Track. (By United Press Lease i Wire.) SHEEPSHEAD BAY, X. Y„ Oct. 25. —By taking two heats out of there in easy style from Champion Jack Johnson, Har ney Oldfield, the automobile speed king, won $5000 of the champion's money at the risk of having his head punched by the black pugilist. Oldfield won two straight heats easily in fast time. Johnson accepted his defeat with good humor, however, and challenged Oldfield to meet him in a little 10 round afair in the hope of recovering his money. Oldfield laughingly declined, saying that he preferred to risk his life on the track instead of in the ring. KILLED BY CAS TANK (By United Press Leased Wire.) CHEHALIS, Wash., Oct. 25.— Bert Mace of Tenino, Wash., and Luther Lindsay of Napavine aro dead today as a result of the ex plosion of a gas tank which they were filling preparatory to giving a moving picture show at Napavine last night. Mace's body was terri bly mangled. He died soon after being brought to a local hospital. Lindsay's side was torn open and he died early today. Three other persons were injured slightly and the whole side of the building was blown out by the force of the ex plosion. Napavine is a small town near Chehalis. BIG PROTEST ON STREET IRK There is one great big and glori ous howl going up from the prop erty owners along Thirty-seventh avenue between Crestline and Perry streets, over the improve ment work soon to be done on that avenue. The assessment rolls show that the taxes assessed against property along this bit of proposed improvement will amount to more than twice the assessed value of the property benefitted. In spite of this fact, however, the board of public works has sent a recommen dation to the city council that the work be proceeded with. DO YOU KNOW? That in one of Spokane's noodle restaurants a special policeman is employed and a regular officer makes a tour of inspection every half hour? That Spokane has a theater where the gold, old time "dram mers" are worked over into musical comedy? That Spokane's new chief of po lice in business life, and outside or the department, Is a rival of "Washes, washee, John Chinaman." That all the perch caught out of the Spokane river, and the river is full of them, are the result of a transplanting of fish by the United States government? That where the Northern Pacific car shops now stand used to be a big rock bluff? That any notes for this column will be thankfully received? That more than 600 ponies be longing to the Indians were slaugh tered at one time on the prairie nor far from Spokane in the late 70's? That stewed oysters are served at a cheaper price in Spokane than in any other city on the coast? That Chief Joseph of the Ncr Perce Indians was one of the few Indian chiefs who ever kept his word with the I'nited States gov ernment? After once signing a treaty with the United States he never again fought the whites. SUSPICIOUS OF RECALL BLANKS TACOMA, Oct. 25.—When It be came known today that Mayor Faw cett had ordered the printing of a supply of recall blanks considerable speculation was indulged in as to the probable- use to which they are intended. While the city charter provides that the city clerk shall keep on hand a supply of such blanks, the mayor's action is looked upon as being significant because of recent criticism of the official acts of Commissioner of Safety L. E. Jtoys and the belief appears to be general today that the question of Roys' removal from office will be voted upon by tbe people of Ta coma. Commissioner Roys Is charged with responsibility for the re-estab lulling of a rofctrlcied district and for the increase, in the city's ex penses. City v.pder the leadership of [Catcher Net dim in. THE SPOKANE PRESS ETHEL LENEVE ACQUITTED to prison for along term. The courtroom was filled with persons prominent in London so ciety and their bright attire was in sharp contrast with the somber hues of the dingy courtroom.' Miss Leneve was dressed in a gown of pale blue, which accentu ated the pallor of her faceT She wore a motor cap, yellow gloves and tan shoes. She was accompanied by two wardresses and a physician was in attendance because of the probability of the defendant's col lapse. During the argument of Prose- POOR ROSE ELLIOTT MO PUGH'S EFFORT IN FAMOUS ELLIOTT CASE Poor, weak, deluded Rose Elliott, victim of police infamy, on the wit ness stand today in Mayor Pratt's investigation into the record of former Acting Chief of Police Sulli van, testified that she committed perjury when she swore to the affi davit that she was induced to sign by the prosecuting attorney's office in answer to the original story of the Elliott case in The Press. She swore thaf the prosecuting attorney had called her to his of fice, and asked her to make an at fidavit in answer to the affidavits of her father and mother in The Press. She at first refused, and after persuasion censented to make the perjured affidavit, used to de fend Acting Chief Sullivan, and to tear down the character of old man THE VICE PRESIDENT SLIGHTS TAFT; GOSSIP'S TONGUE BUSY (By United Press Leased Wire.) WASHINGTON. Oct. 2;"..—James Schoolcraft Sherman passed through Washington today en route to North Carolina, called at the war and navy departments, but failed to pay official respects to President Taft, and gossip at thai suspected slight started immedi ately. Many believed that the vice-president purposely avoided the port ly presence at the White House, because of his "bawl out" by Taft recently at the time of the fight for the temporary chairmanship of the republican btate convention at Saratoga, N. V. Aaft, at that time, practically charged Sherman with misrepresentation and since the publication of the criticism Taft and Sherman have not commun icated, so far as is generally known. C O NTI NUED vRO M — PAGE, ONE, EFFORTS TO probation officer, that she bi igfit give evidence at the Sullivaiiheajr ing. During the course of the in quiry, Mrs. Rihard and Mrs. E. E. Emery, who has also taken an ac tive part in the defense -pf Me police, thrust a note in the hand pf Attorney Alex Winston to prompt him on some things that tjie girl had told Mrs. Rihard againlt aid man Elliott, but which trie riH fed forgotten to tell. mf Coroner Schlegel was called, Hd said Hood, Gilder's time they had the Elliott glrL;jq» ly In their rooms, was siclS"«J|li "mumps," and Uat Rosie wqf Mn ing hlin at the time. The hearing then adjourned until this afternoon. A SPELLING BEp An old fashioned spelling match will be held by the seventh'and eighth grades of Vera and Oppor tunity schools next Friday evening. This will be the first of a series to be held this winter to decide the spelling championship between the schools of Spokane county. ew^Z!J* E^j^BLER • HERE Tom Eldridgc, a former Spokane gambler, who killed Daeo Frank Iv Continued From Page One. MISS ETHEL CLARE LENEVE. cutor Muir Miss Leneve sat listless and betrayed no sign that she un der stood Its purport. Dr. H. H. Crlppen, debonair as ever, was present at the trial this morning, as were also the parents of the accused girl. King's Counsel Muir bitterly arraigned her, in spite of her delicate condition. The jury retired at 3:54 this afternoon and returned at 4:11! o'clock. When the verdict was read, Miss Leneve was overcome. She wept and laughed alternately and was comforted by her parents, who were equally moved. Elliott, even before Reno post, G. A. R. This perjured affidavit, the voter should bear in mind, was drawn from the girl by the prosecuting attorney's office, turned over to Sullivan, and was later used to dis credit the character of J. H. Elliott, the old soldier. Rosie Elliott's story shows to what means Prosecuting Attorney Pugh stooped to shield Sullivan and how the other part of the lie that the girl swore to on that oc casion is still being pressed against her faster father by the people who were the beneficiaries when th prjurd affidavit was made in the beginning. This affidavit establishes beyond question the link that binds Sulli van and the Pughs, 1889, in the Kentucky saloon, fol lowing a quarrel, returned to this city after an absence of 17 years yesterday. His stay was brief, how ever, as he found that the affair had not been forgotten. C.M.&ST.P. DONATES A check for $1000 has been re ceived by Treasurer W. D. Vincent, as a donation of the Chicago, Mil waukee & St. Paul railway to the National Apple show. It Is also ru mored that a party of prominent officials of the road will attend the show November 14. Arrangements are also being made for the attend ance of the delegates of the district convention of the Y. M. C. A. which will be held in Spokane during the big apple exposition. Aaron Kuhn, chairman of the board of directors of the Traders' National bank, is back at his desk again after a nine month tour of Europe. ♦ HISTORIC MINE FOR BALE ♦ (United Press Leased Wire) VANCOUVER, B. C, Oct. 25. —The historic Leroi mine, once the banner producer of Ron si and, and its smelter at Northport, Wash., just south of the International boundary, are for sale. Au'.hony J. Mac- Mtllan, managing director of the Leroi, Is in charge of sale negotiations. KUHN BACK HOME. FIRE CHIEF MAY HAVE 10 PAY HIS OWN EXPENSES Just because the city of Spokane sends representatives to the con ventions of the fire chiefs and elec trical inspectors of the nation, is no reason that teh expense should be borne by the taxpayers, accord ing to the decision of the finance committee of the city council at its meeting yesterday, when expense accounts of Fire Chief A. H. Myers and Electrical Inspector YV. A. Davis were held up pending tiling of statements by these two offi cials, showing where the city re ceived any benefit from the trips recently made by these gentlemen to the annual convention of fire chiefs and the national electrical inspectors' meeting, respectively. Unless Myers and Davis can show this benefit, they will have to pay their own expenses, according to the committee. CONTI N UED FR O M PAGE. ONE WHY WILL say right now that I am a firm ad vocate of the whipping post—but in every case the woman comes to me pleading—even though she has caused her husband's arrest —that he be released and forgiven in or der that he may have one more chance. "There is nothing on earth more noble and unselfish than a woman's love, and nothing nearer to the sacredness of heaven than the pure minded affection of good woman for her mate and her chil dren. "I have seen them with their faces marked and scarred from brutal beatings received at the hands of the man they have loved and married. I have seen wives left alone and deserted with fam ilies of small children on their hands. I have had wives come to me with tales of their husband's drunkenness and unfaithfulness, and I have had them tell me tales which fairly made my blood run cold. But of all the lot I have never had one woman, who, when her husband was actually brought to the bar of justice, failed to plead that he be given just one more chance. "Truly, a woman's love Is tKe most wonderful and most beautiful thing on earth. As the good book says, it "passeth all understand ing." TRY THE NEW CAFEI Everything appetizing. We make all our own pastry. BUCKLEY BROS. CAFE, 420 Riverside Avenue. Rummage Sale The ladies of the COR- BIN PARK CONGREGA- TIONAL CHURCH will hold a Rummage Sale in the Basement of the Yin- cent Methodist Church, corner of Main Avenue and Lincoln Street on FRIDAY Oct. 28 Beginning at 8:30 A. M. PRIZE AMATEUR RACES Wednesday Night Princess Rink Fiim© Woolena Blaunilkdts Specially Priced rfto /\ |2 A Pair . . BTANCY plaid blankets, good heavy woolen ones. Not all wool, of course, but the cotton is in the war]) and is all covered up. It makes the blanket wear better than if it was of all wool. Sizes 50x80 inches. Tan and blue, blue and white, gray and white. A value much out of the ordinary. Special price $4.50 Wommemfs HiaMal HamidkeirclhinelFs Box of Six 7<Bc ptTBE linen and nice quality, too, with 1 /t inch hemstitched edge and a neat initial in an embroidered wreath. Packed six in a box. Special price, per box 79«) Qwuray Laces for Famicy Work A NEW lot of heavy white and ecru laces and insertions from 2 to 5 inches wide. The kinds that are always in de mand for finishing center pieces, scarfs and other fancy work. A splendid assortment now ready for your choosing. Many of the most unusual values at a special price 19«* Aftforacttiwe Styles iiini Wommeii/s Shoes aft TTN women's shoes at this price ten differ • ent styles are shown. All fashionably correct and all representing exceptionally good values. There's a choice of patent leather, gunmetal calf and kid, in button, ~, straight lace and blucher styles. Three styles are given brief mention today. A neat shoe is made of patent leather, In button styles, plain toe, welt sole, high military hee1...93.50 Another patent leather shoe is made on turn sole, has plain toe and high military heel f3.50 A very good street shoe Is made of gunmetal calf, lace style, welt sole, blucher cut, wing tip 1*3.50 EearfM Batth Rob© A HEAVY fleeced bath robe~ material, SI inches wide. It looks like a woolen fabric, but it's all cotton. Black and gray, green and red, wine and white, tan and white, blue ami red, gray and blue, brown and red combinations. A few patterns are shown with borders. Special 35c^ THE GREATEST OFFER EVER MADE TO YOUNG PEOPLE OF THE INLAND EMPIRE DESIRING A BUSINESS EDUCATION ONLY $35 CASH Only thirty-five dollars cash at the time you enroll entitles you to complete either a shorthand or bookkeeping course, no matter If It takes four months or four years; the balance, thirty five dollars, to be paid after completing your course and securing a position. If we do not secure a position for you after complet ing your work you are not called upon to pay the last half of your tuition fee. It is up to you to take advantage of it. You hold the money until we secure you the position we guarantee. No other school has ever dared to make this offer. Our students step right from the college into an office and begin immediately to draw good salaries^ 01907 Washington Street. Phone Maxwell 1701. | ENROLL NOW Our plan of Individual Instruction makes It possible to do as well by students who enroll in October as by those who begin In September. This Is the best year In our his tory. A visit will convince you thst we have the very best Business Col lege In Spokane. The Daily Spokane Press, 25c Month TUESDAY, OCTOBER 25, 1910. Try the dainty luneiw now being served in our ice cream parlors. FERN 332% Riverside Aye. Home of delicious home made candies. Everything lo eat.