Daily capital journal. (Salem, Oregon) 1903-1919, 1911-01-07
sTRONc DELEGATION.
Cort,npco IRON, rage IL


,Continuoa from rage IL
d. Igr Ross. and throughout the
Journey he failed to mingle with
those making mp its composition
prior to leaving Portland, the dele
cation halted long enough to have
nicture taken by a photographer
cites Letters from Supreme Court
McCammaDt began his argument
with the statement that it had never
been contended that Ross had taken
the money for which he was indicted,
of stealing for his own use, but that
he allowed it to mingle with the funds
q. his bank He explained that a
statute passed in 1907 forbade a gen
eral deposit of the educational tund
and Chat Ross offense consisted in al
lowing it to mingle with the general
fund of tie bank instead OF placing
il o. special deposit, and being una
b., TO pay it to the state when his IN
s,l..ion failed. He had been guided
by decision in the FOrty-second Ore
goa. he said which held that this
was no crime. and was ignorant of a
statute passed in 1907 changing the
law and that while ignorance of the
law was no excuse, he had acted
within the Law according to his inter-
pretation-as any layman would in
terpret it.
He then cited the fact that the IL
jurors who convicted Ross had signed
a petition for his pardon-the last
signing within the last few days;
that EX-district Attorney Manning
had signed a letter recommending
that it be granted and that so had
District Attorney McNary; and finally
that four of the judges of the supreme
court who had sustained his convic-
ton in the lower court had written
letter jointly saying that there was
no moral turpitude involved in the Of
fense and that Ross had reason to be-
lieve that he acted within the law
when he committed the crime of
which he was convicted and that JUS
tice King wrote a personal letter reit-
Grating the views held by him in his
dissenting opinion, and favoring Ross.
He then called attention to the mon
ster petition, containing over 1000
names, and representing men of every
walk In life. B
Mayor Simon Comes to Bat.
Mayor Simon, of Portland, was the
next man to come to the bat and he
spoke eloQuently of the life of Ross
He had known him from the time he
set foot upon Oregon soil-known
him as man of integrity, and honor
man of his word. He took the same
view of the law as McCammant and
maintained that a pardon should be
granted
Ex-senator Fulton followed with
considerable of discourse on the
law, his views coinciding with those
of McCammant and Simon. He had
infinite respect for the supreme
court, but before this decision, had he
been asked if that was the law, he
would have replied in the negative
He closed with the eloquent appeal
that should Ross be compelled to 20
to prison and serve out his sentence
that the Shame would be on the
state of Oregon"
]. E. Werlein spoke along the same
lines, so did Harrison Allen, and
Judge McGinn. The latter did not di.
rect his remarks so much to the law
as he did to the times which prevailed
when Ross was indicted and convicted
We have all in the past, he main.
tained, been guilty of the same offenst
of Ross-it was a general understand
ing that bankers might take thu
; states money and let it mingle will
the banks general fund and take in
terest upon it; and it would not b,
fair now to single Ross out and MAKE
MIN serve time in the penitentiary
when others were allowed their lib
erty who had been equally guilty.
Rev. Gilbert and Rev. Foulks, tn,
latter Ross pastor, spoke in behal
of the convicted banker. voicing tn
view that he had already been pun
1shed sufficiently without having +
serve out sentence in the stat
prison.
OrcgOnian to BE Silent.
Mr., McCGmmant" concluded the r
marks in behalf of Ross. In preseu
Ing the petition to the acting cove
nor. in his first argument. he too
occasion to assure him that H. ]
! I1tIock' Of the Oregonian, was Il
lasI man to sign it, and that he ha
been authorized to state from hir
! that, in the event the pardon w,
granted, that the Oregonian wouI
not criticise the action of the actir
I governor. He also stated that he ha
been given the same assurance by i
I managing editor Edgar Piper an
! when it came to the closing he toe
! occasion to give the governor a fe