The Portland vice scandal (sometimes called the vice clique scandal, the vice crusade in contemporary reports, or inaccurately the YMCA scandal) refers to the discovery in November 1912 of a gay male subculture in the

U.S. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

city of

Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...

Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...

. Nearly 70 men were charged, and three were convicted by jury; the

Beginnings

At the time the scandal broke, Oregon's sodomy law merely said, "If any person shall commit sodomy or the crime against nature, either with mankind or beast, such person, upon conviction thereof shall be punished by imprisonment in the

penitentiary A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correcti ...

not less than one year nor more than five years." Up to this point, in some

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...

s with sodomy laws similar to Oregon's, courts had ruled that these statutes covered anal sex, but not

oral sex Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex p ...

.Boag, p. 204. These cases cited the 1817

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

case ''Rex v. Jacobs'', Russ & Ry 331. Following the arrest and interrogation of a teenager for shoplifting, he told his interrogators that "he had been 'corrupted' by a number of men in town." The teenager was identified variously as fourteen-year-old Hazen Wright for shoplifting or nineteen-year-old Benjamin Trout. The person identified as the perpetrator was Harry Rowe, 39, who lived at the local

YMCA YMCA, sometimes regionally called the Y, is a worldwide youth organization based in Geneva, Switzerland, with more than 64 million beneficiaries in 120 countries. It was founded on 6 June 1844 by George Williams (philanthropist), Georg ...

, which had the ninth largest membership of all YMCAs in North America. This revelation prompted police investigations and led to the arrest of 69 men "for crimes ranging from so-called indecent acts to

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sod ...

." The press used the term "vice clique" to refer to these men collectively. Since a

crime against nature The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have histo ...

such as this could not be consensual, the parties are described as predators and victims or "boy victim", though only categorized by which participant was older. Some members of the vice clique were prominent public figures including Edward McAllister, as well as lawyers and physicians. Some of the accused lived at the local YMCA and which was supported by members of Portland's upper class. Considered "unprintable" content, it still prompted attacks against the YMCA, its sponsors, and the city's upper class, especially by the working-class newspaper ''The Portland News'' and its editor Dana Sleeth.

Members of the vice clique

Theodore Kruse and the Louvre

The scandal also exposed Theodore Kruse and the Louvre restaurant in Portland, which he had owned. Kruse (February 13, 1864, Germany – November 3, 1941, Gearhart, Oregon) started in Portland with the Kruse Grill around 1891. He married his second wife, Marion F. in

Spokane, Washington Spokane ( ) is the largest city and county seat of Spokane County, Washington, United States. It is in eastern Washington, along the Spokane River, adjacent to the Selkirk Mountains, and west of the Rocky Mountain foothills, south of the Cana ...

in 1906 and divorced in 1908. He then purchased the Louvre restaurant, running it and Portland's Belvedere Hotel starting around 1907. He was married to his third wife, Marie E. Daggett, at the time. While in the process of setting up Hotel Carlton in 1911, he disappeared mysteriously in August 1911, days before a large payment was due to Gevurtz Furniture Company for the Carlton, who formed a company and took over the hotel lease. This was front-page news in the Oregonian; a month later, his wife sent people to Seattle to look for him, and the Oregonian described him as surfacing there with a young man. He suddenly reappeared on March 24, 1912, at the Carlton. In April 1912 his third wife was granted divorce from him, citing his "cruel and inhuman treatment" (a common grounds for divorce before

no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...

was legal). She described him as flirting with clientele at his restaurant in 1911 before his disappearance, and recounted that he was first in Quebec, then she sent a stepson (from his previous marriage) to Europe and found him in Germany. He stated his wife had died and he had retired. He then traveled through Europe (Monte Carlo, Naples, Rome), before suddenly reappearing. The Louvre was described as having an "immoral atmosphere" and on a list of eight "gay refectories" in Portland in 1911 by a local judge. It had a mens-only dining room. By 1912 it was linked to the clique, especially Kruse and Rigó. Kruse then closed the Louve and opened the Rainbow Grill in October 1913, which advertised "fat, juicy, delicious" oysters and a "Special Men's Grill" with meat of the diner's choosing. It closed in June 1915.

Gypsy Rigó

The clique also exposed Hungarian violinist popular in Portland, Rigó Jancsi (known as "Gypsy" Rigó), described by The Oregonian as "violin virtuoso, gipsy of romance, gay Lothario." He had played at the Louvre, perhaps starting in 1909, then was caught in the clique in the November 1912 events. Rigó had previously been embroiled in scandal, eloping with

Clara Ward, Princesse de Caraman-Chimay Clara Ward (17 June 1873 – 9 December 1916) was a wealthy American socialite who married Joseph, Prince de Caraman-Chimay of Belgium. Early life Clara Ward was born in Detroit, Michigan, the daughter of Captain Eber Brock Ward (1811–1 ...

despite still being married to her first husband. The marriage didn't last, as Rigó continued with his "insatiable and well-publicized appetite for women". This also helped clear him of the vice charges.

Edward McAllister

One of the most prominent members of the vice clique was Edward Stonewall Jackson McAllister, a Portland attorney, Progressive activist, leader in the state Democratic Party, and friend of William Simon U'Ren and

C.E.S. Wood Charles Erskine Scott Wood or C.E.S. Wood (February 20, 1852January 22, 1944) was an American author, civil liberties advocate, artist, soldier, attorney, and Georgist. He is best known as the author of the 1927 satirical bestseller, '' Heavenly ...

. During his trial, ''

The Morning Oregonian ''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 1850 ...

'' would report that he was charged with committing an "immoral act." According to the written opinion in ''State v. McAllister'', 67 Or 480, 136 P 354, McAllister was charged with committing sodomy with 30 year old "boy victim" Roy Kadel (1882-1934) on , in McAllister's law office in downtown Portland. The indictment merely stated that his charge was "commit

ing Ing, ING or ing may refer to: Art and media * '' ...ing'', a 2003 Korean film * i.n.g, a Taiwanese girl group * The Ing, a race of dark creatures in the 2004 video game '' Metroid Prime 2: Echoes'' * "Ing", the first song on The Roches' 1992 ...

the crime against nature," which was "too well understood and too disgusting to be herein more fully set forth." But Oregon Supreme Court justice

Charles McNary Charles Linza McNary (June 12, 1874February 25, 1944) was an American Republican Party (United States), Republican politician from Oregon. He served in the United States Senate, U.S. Senate from 1917 to 1944 and was Party leaders of the United ...

, in his dissent in ''McAllister'', shed more light on the matter: A warrant for McAllister's arrest was issued . According to a contemporary news report in ''The Morning Oregonian'', he was in Marshfield (now called

Coos Bay Coos Bay is an estuary where the Coos River enters the Pacific Ocean, the estuary is approximately 12 miles long and up to two miles wide. It is the largest estuary completely within Oregon state lines. The Coos Bay watershed covers an area of abou ...

) on that day, "taking depositions in a legal case." Furthermore, he "was incensed when he heard the nature of the charge that had been lodged against him" and professed his innocence. He promised to return to Portland to face charges, but on , he was arrested on a southbound train at the Medford train station, near the

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

state line. He denied his identity, but several people in Medford recognized him. He claimed he was headed to Ashland to meet with his law partner, but "authorities believe he was trying to leave the state." In McAllister's trial, Judge John P. Kavanaugh permitted testimony of acts of sodomy allegedly committed by McAllister with people other than Kadel, "for the purpose of showing mental disposition and casting light on the probability of the committal of the act actually charged." Men testified he was known as "Mother McAllister" at Lownsdale Square, a gay cruising site. The defense argued that these testimonies infringed upon McAllister's constitutional rights. In charging the jury, Kavanaugh gave the following instruction: The defense would later argue on appeal, successfully, that Kavanaugh made a prejudicial error in giving his personal opinion to the jury rather than stating only matters of law. McAllister made a closing argument for the defense on his own behalf, described as "an eloquent plea", wherein "he charged that he asthe victim of a conspiracy." On , the jury convicted him, but recommended "leniency in punishment." On , he was sentenced to one to five years in the state penitentiary, the maximum sentence called for by statute. Notice of appeal to the

Others

Others associated with the clique included William H. Allen, who attempted to commit suicide with chloroform at the YMCA following the exposure, Horace Tabb, physician Harry Start (and witness Robert Ray), clerk and bookkeeper Edward Wedemeyer, George Birdseye, Fred A. Clark, Alonzo "Billy" E. Ream (1856-1930), Earle Van Hulen, Fred Rodby, George Parker, Earl Taylor, Kenneth Hollister, Will Phelps, Horace Tabb (at the Multnomah Hotel) and Lionel Deane. Claude Bronner and Nathan Healy lived with each other at 1731 S.W. Taylor; Healy turned on Bronner, who served time. John Moffitt, a photographer, was caught in the scandal and then advertised his services as "Photographer of Men".

Responses

Community response

Discussing the scandal, a letter to the editor in the '' Portland News'' said "If these degenerating practices were committed by Greeks or Hindus, these lily whites... would be in favor of drowning them in the Willamette

iver Iver is a large civil parish in Buckinghamshire, England. In addition to the central clustered village, the parish includes the residential neighbourhoods of Iver Heath and Richings Park. Geography, transport and economy Part of the 43-square- ...

" Boag also compares the scandal to a 1894 article in the ''Evening Telegram'', which described "One of the most atrocious crimes ever committed in this city... a big stalwart negro named Fred Jones, a scowdweller...", showing the racist and working-class biases in the city.

Legislative response

Walter Lafferty Abraham Walter Lafferty (June 10, 1875 – January 15, 1964) was a U.S. Representative from the state of Oregon. Lafferty spent the majority of his career both as a legislator and as an attorney attempting to have millions of acres of land previ ...

, Portland's

U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...

, vowed to bring the scandal to Washington's attention, though his efforts were short-lived. The

Oregon state legislature The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the H ...

responded to the scandal by amending the state's sodomy law via House Bill 145 (1913). The law was clarified and broadened to include "any act or practice of sexual perversity," including

fellatio Fellatio (also known as fellation, and in slang as blowjob, BJ, giving head, or sucking off) is an oral sex act involving a person stimulating the penis of another person by using the mouth, throat, or both. Oral stimulation of the scrotu ...

. At the time, courts had previously ruled that sodomy laws similar to Oregon's did not cover oral sex, and it was believed that convictions based on oral rather than anal sex acts might be reversed. Also under H.B. 145, the maximum sentence for sodomy in the state penitentiary was tripled, from five years to fifteen. As urged by

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Oswald West Oswald West (May 20, 1873 – August 22, 1960) was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon. He was called "Os West" by Oregon writer Stewart Holbrook, who described him as "by all odds the mo ...

, the legislature also passed H.B. 69 (1913), a law to authorize sterilization of "sexual perverts" and "moral degenerates," which were defined as "those addicted to the practice of sodomy or the crime against nature, or to other gross, bestial and perverted sexual habits and practices prohibited by statute." People opposed to sterilization, including Catholic clergymen and reformers such as William Simon U'Ren, formed the Anti-Sterilization League and successfully forced a referendum on this legislation. Oregon voters repealed it by a vote of 56 percent to 44 in November 1913. However, the legislature passed a similar law in 1917.

Action by the Oregon Supreme Court

The three men who were sentenced to the state penitentiary appealed their convictions — Harry Start, Edward Wedemeyer, and Edward McAllister. The

Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.Charles McNary Charles Linza McNary (June 12, 1874February 25, 1944) was an American Republican Party (United States), Republican politician from Oregon. He served in the United States Senate, U.S. Senate from 1917 to 1944 and was Party leaders of the United ...

, a future U.S. Senator, was a new court justice by the time McAllister's appeal was heard. McNary wrote the dissent for McAllister's case, which was emotionally charged and "revealed a deeply seated personal discomfort with same-sex eroticism." Days later McAllister was expelled from the Multnomah Bar Association. In 2000, over 74 years after his death, he was reinstated to the Bar. Notably, these convictions were not reversed on the basis that oral sex was not covered under Oregon's sodomy law, as the legislature feared the court might rule. In fact, despite legislation previous to ''Start'' ensuring that fellatio counted as a "crime against nature," the court ruled that this was necessarily true because, among other reasons, the mouth and anus are both openings of the alimentary canal and therefore equally unsuited to sexual intercourse.Boag, pp. 204–5.

References

Bibliography

* {{DEFAULTSORT:Portland Vice Scandal 1910s in LGBT history 1912 in Portland, Oregon LGBT culture in Portland, Oregon LGBT history in Oregon Scandals in Oregon Sex scandals in the United States History of gay men in the United States