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About Roseburg news-review. (Roseburg, Or.) 1920-1948 | View Entire Issue (March 31, 1924)
All THE NEWS TODAY VIEW BY ASSOCIATED PRESS LEASED WIRE SERVICE Am Independent Navrapapw, Publishes) lor the In) Inter ! tht People. VOL. XII.. NO. 22, OF THE EVENING NEW8. r ,w"l,,, " " "Mbur" R'v"w' VDOU G LAS COUMT Y Ja "ROseBURGBEVIEW. ' . ROSEBURG, OREGON. MONDAY, MARCH 31, 1924. trTTm i mi'Mi'iinnn nnniiP s H Vyim Huuu unuui u i ul. i l UWM- BED OUT U" School Law Pby People ueciareu ncontitutional. Ll is probable Have Right to Enjoin rcement of State Law ,tiving Rights With it Process of Law. I . 1 ..Mil Wire.) Mate UNO. starcn a..-.--- K public Khool li constitutional" today In an r in .federal court re nueri Union knocking out the W"" i iiw no a to- was rrnwsivM -wring en banc by Circuit S B Gilbert, and Dietnct !' Wolverton and R. 8. hie la, which requires all ,i grammar school age to at Bblic school, waa adopted by fat the general election In I wis to have become effee Vnber 1, 1926. k-mon today was In eases L the Hill Military Academy Jd, a private achool for boy it Society of Siatera of the pn of Jesus and Mary, a kutitution, having charge of thoole. The defendanta are iWjIter M. Pierce, Attorney- ui:RLi ann fitanlev in. van r, ,,, fcrirt attorney of Multno- P- . . ..... k.m.ll k packed coun room oi we noci.mii vj tin Its decision made It acted on the proposi ng rnnsiliutlcnal rights fnti have been contraven- Imt, lutl much aa tne the complaining organlza- V and guardians," said the i'hare an interest in tne nal right of complaints to it-ir schools may be malo- tbe mutual benefit and nartiea concerned." Mainn rinrlnreri that the (the right to enjoin the eu- I of a state law that de tltliea of constitutional (deprives a corporation of ly without due process of pen proceeds to enjoin the I from enforcing the law (rounds. provides that parents or of children hetwoan the kht and sixteen must send RQ to nubile school iliir- ttllc school term or be misdemeanor for each re kept out. introduced by Scottish Rite d had the support of the Klan and other antl rzanliations. Its avowed u to prevent the opera irochiil schools. It did It the schools themselves, it Impossible for children them during the periods I ordinarily be In aeaaion. pulsory school law was y a vole of 115,506 to ter a heated rnmnDtun plginally proposed by the P aiasons. Deeanie one of ties In the general elec being backed by the I Patriotic Societies and hi Klan. 4 Fran Laanad Wira.) I March Jl. fpon being way that the antl-paro-rlvate .rhool bill of Ore Seen derlmroH ... - ..... e fedora . L luun in fort. hot Pierce said the case IVfaled the United roe court. He said that "iked the case over with i i ft.? ! !.". Vr,;d;,r' "4Uace Hi?Bfirfil V-l w . m winkle . iooaed into "'"nce to an an- LEADS ELECTION p&vTa a n Marrh 31 r 1 1 ' I y r nu-'i fc,. - latest unofficial returna from 60 of Soutn uaaoi the McAdoo group of delegates re a ai. vntn. tn 1.B04 for the CHI veu l p. 1 . - - uninstructed group, which opposed the candidacy of William O. McAdoo on the democratic ticket In last Tuesday's state-wide primary. The figures were giveu uui uj ucmuuoi ic states headquarters. Complete ... Vui tiA rinluved a week or rciuiuo " " ' ' . .... ten days because of road conditions and Impaired leiepuuuo emu graph aervice throughout the state. CATn-EMKN PISiHSS WAYS OK JVl'l HUMU KLir.inr. (AMocltedFre leaeed Wtr.) SALT LAKE CITY. March 31. ii, ami mnann nf nreventlne the spread of the foot and mouth dis ease which broke out in California four weeks ago and which has re sulted in a rUgid quarantine of the state were discussed at a meeting of livestock men of California, Arizona, Oregon, Wyoming, Idaho, Colorado and Utah here today. DOUGLAS FUNDS IN GDOD SHAPE Auditor of Treasurer's Books Makes His Report to Court Today. HAS RECOMMENDATIONS Says County Officials Are Doing Their Best and That All Offices Are Being Well Conducted. f ATEDENB0WER 1 h I. w. r",'1'; COM'r- and fe, b,,.,::? in' ' is his car.V. M '" and i, 'J " a com A rpnnrt nn ihn nuitft nf t ha hnnlra and records of the county treasurer was filed today with the county court bv Charlen If. MaRnn. Aiiflltnr. who handled the work under the super vision or u. ta. uosh, formerly secre tary of the state highway commis sion Thn wnrlr nf mal-lnc tha annual audit of the account of Douglas coun- iv was started by Joe Wilson, Jr.. of Tillamook, who filed a report of a "cash audit" or the various depart ments. On account of a difficulty in tying in tne audit of the treasurer's books with that of the cpunty clerk, the Rlldlt nf thn Ironaiirpia rxtfina v.aa turned over to Mr. Mason. In his re port today be states that all of the county officials with whom he had dealings were honest and were serv ing the county to the best of their ability. The lenpth nf lima It tnnlr tn mob. lng the audit of the treasurer's ac- -'uuuis was accredited to the fact iuai an increase has been shown in this deDartment RtiH nUn thnt o rn. cent change was made in the system aeeping tne accounts. The Dur- uubub DooK-Keeping machine meth od is now belne UReil nnrl tha nnilitnr states that as soon as the treasurer oecomes more acquainted with this system, his work will be greatly sim plified, thus making future audits easier. The expert In going over the books made a few suggestions which he be lieves will al,j In making a more com plete record of the county's funds. The recommendations follow: 1. When the treasurer Issues a re ceipt, or any paper which has any bearing on an account kept by both his department and the county clerk'a that he immediately pass a duplicate of such receipt or paper to the clerk's department and that the entry be made under the date stamped there on by the treasurer. This practice would considerably facilitate the nrnrfe .... .ui iuiure auditors. 1. That the treasurer resume his practice of form or ting to the clerk at the end of each uionm a statement listing all receipts, transfers, and disbursements made during the month. If this Is done, and followed up in the clerk's office by listing all outstanding warrants and ailhtratln. . V. . i luq luutis ul Biime I from the treasurer's statement, the ..urus oi me two offices will be kept in accord and perfect reconcil nient monthly. 3. The warrants turned back to the cerk by the treasurer at the very ' tlm' at,er c'oe of month In Which Bald ahm.1,1 V. . .. i - ... w-c cuinvu Ul HI me exhibit book and carefullv check ed against that record, stamping in tne book of the date of the last day or the month in which they were re turned to the treasurer for payment. It is of course exceedingly Im portant that tu ffi .... treasurer and county clerk work In DECISION GIVEN T IN BROCCOLI I Judge Hamilton Hands Down Decision in Favor of Defendants. NO FRAUD IS SHOWN Words "Umpqua" and "Broc coli" May Be Used by Organizations Engaged in Such Business. A decision In favor of the defend ants in the case of The Umpqua Broc coli Exchango against the Uui-Qua Valley Broccoli Growers was banded down today by Circuit Judge J. W. Hamilton. The decision holds that there was no attempt of fraud shown, and that as the words over which the issue arose are geographical and generic, that their use by various corporations is permissible. The opin ion of Judge Hamilton in the case is as follows: The prayer of the plaintiffs com plaint is for an order1 enjoining de dendant from using the name Um-Qua Valley- Broccoli Growers, or any name with a combination of the words Um-Qua and Broccoli therein. The basis of plaintiff's contention is that it had filed Its articles of in corporation adopting its corporate name In September, 1921, and that de fendant Is a corporation organized in May, 1923; that plaintiff has expend ed large sums of money In advert ing Umpqua Broccoli as 'sold by the plaintiff; that plaintiff has establish ed a profitable and growing business in Umpqua Broccoli: that the combi nation of the words Umpqua and broccoli in plaintiff's name is of great value to plaintiff. So far as the question of growing ana marketing broccoli In Douglas county is material,- the evidence shows that the culture and prepara tion thereof for market engaged the attention of our citizens as early as 1914. However. I take It that plaintiff has been more active in carrying on the work, and has engaged therein mote extensively than any others since its incorporation. Plaintiff seeks to enjoin defend ant from using any word in combina tion with the words "Umpqua" and "broccoli". In other words, they shall be excluded from any business name that may be adopted by meniberB of defendant. These words "Umpqua" and "broccoli" are geographical and generic. The designation is Indicative of the place where the commodity is prouuceu anil Its name. There should be some very substantial reason why this privilege should not be granted to those who engage in a business or calling identifiled with a particular locality. A corporation cannot acquire the right of the exclusive use of geo graphical words in its corporate name, or words merely generic or de scriptive of a particular business or class of goods, i The Elgin Butter Company vs. The Elgin Creamery Co. 155 111. p. 127. 2nd Fletchers Cyclopedia of Corpora tions p. 1665. But it is claimed that there Is such similarity in the names as will lead to confusion, and will result in en abling defendant to sell Its products as those of plaintiff. In fact, this Is the gist of plaintiff's cause. The court interefers soley for the purpose of protecting the owrfer of a business from a fraudulent Invasion of that business by somebody else. There Is no claim In this case that actual fraud has been committed by the de fendant. In similar cases In Oregon the law as announced by the su preme court of Oregon is against the contention of plaintiff. Llchtenstein vs Mellls Bros. 8 Or. p. 464. The Dunway Publishing Co. vs. Northwester Printing Co. 11 Or. p. 322. t The courts must assume that the public will use reasonable Intelligence and discrimination as to names of corporations. And when we take In to consideration that these companies are shippers into distant markets, dealing It must be through their agents, with those who finally sell to ithe general public, it is dimcult to see how th eplalntiff can be In an ; substantial manner Injured by defend iant using the nsme adopted by It Equity requires that it shall satis factorily appear that injury has re ' suited or will result before the court I will be warranted in interfering by injunction. J. W. IIAMIUU.N, JUUge. In his di'dsion Judee Hamilton dis poses of the case as follows: I First That it does not appar from the evidence that the defend ant's name, to-wit: "L'm-Qua Valley Broccoli Growers" was adopted by those who organized defendant with the Intent to defraud plaintiff through KIJt'IlT STARTS WKUXF.SDAY , (Associated Press tm, rt Wire.) WASHINGTON. March 31. The Bturt from Seattle of the army's round the world flight will be made at 6:30 a. in.. Pacific time, Wednesday. Ms- jor Frederick L. Martin, in command of the army fliers, 4 telegraphed today to the air Bervlce. TEAPOT INQUIRY RESUHEDTODAY Daugherty Still on Grill Despite Retirement to Private Life. ROOSEVELT UNDER FIRE Resignation of Assistant Sec retary of the Navy De manded Because of Oil Activities. (Associated Press Leased Wire.) WASHINGTON, March SI. The senate Daugherty Investigating com mittee decided today to continue its inquiry despite Mr. Daugherty's re tirement to private lire. At the same time committee mem bers announced they Intended to bold Gaston 1). Meens, former de partment of justice Investigator, In attendance under a senate subpoena, in sympathy with the Issuance today of a bench warrant from the super ior court at New York ordering his arrest on charges of conspiracy. WASHINGTON, . March 31 A resolution calling for the. resigna tion of Theodore RuoBevelt, because of his connection with the oil leas ing program, was drawn up today by Senator Dill of Washington,, a democratic member of tne oil committee. SLUSH FUNOIS UIFIAM'SCH Says South Dakota Was Flooded With Campaign Money for Primary. SEN. NORBECK SPEAKS Manager for Johnson Declares That Coolidge Campaign Leaders Dispensed Large Sums. (Associated Press Leased Wire.) WASHINGTON. March 31. Har ry F. Sinclair, lessee of Teapot Dome was indicted by a federal grand jury here today on contempt charges growing out of his refusal to testify before the senate oil com mittee. The indictment was in ten counts, each referring to a specific question asked the oil operator when he was last before the com mittee. The grand Jurors held that these questions, all of which Sinclair ro- fused to answer, were "pertinent to the matters and questions then un jder inquiry before the said commlt ; tee." The action was the first grand Jury move to develop from the oil inquiry and It Is said eventually to ! result In a supreme court ruling on the broad question of the authority j of congress to summon and ques tion witnesses In investigations like ! those now in progress. This author ity Sinclair has questioned. (nlati1 pm Leened Wtr.) WASHINGTON, March 31. Faced with a determined opposition from the republican organization end lacking united support among the democrats, the resolution to in vestigate Secretary Mellon was laid aside Indefinitely today by the sen ate. WASHINGTON, March 31. Fail ure of subpoena sfrvers to locate William Boyce Thompson, former chairman of the republican nation al committee was reported to the senate committee today. Thompson was among the witnes ses listed to appear this week In re Surd to stories of campaign contri butions by oil Interests. His home is In New York. George White of Ohio, former chairman of the democratic national committee, who also Is under sub poena, was granted a week's delay on bis plea of Important business engagements. The subpoena for Fred Upham of Chicago, treasurer of the republi can national committee may he can celled. Committee members are dis posed to accept his public statement (fontlnnwl on page three.) 8AI.E' :. SI Ed Wilson. promin' -j'C ,11s democrat, has been Governor Pinren a men.-J -Jf je board of regents of the Orcfc" .gr'.cultural College to succeed Jujge Crawford, of La Grande, who died last week. Mr. Uson Is an alumnus of the college and appointed because he la a resi dent of Corvallis. (Associated Press Leaaed Wire.) CHICAGO. March 31. Charges that "there was much more evidence of lavishness" In the Coolidge pri mary campaign in South Dakota than was noted In the Wood and l.owden camnalcns in that at ate in 1920, when criticism of the expendi tures resulted in a senate inquiry In to campaign funds were made today In a telegram from United States Senator Norbeck, a leader in the Johnson campaign. The telegram also charged em ployment of federal workers in the "elaborate headquarters of the coolidge managers." Senator Norbeck pledged to the Johnson candidacy, was elected as a delegate at large to the national con vention in the national primary last wees, tie was active In the cam paign for several weeks before the balloting. The telegram challenging the de nial ot William M. uutler, natloual director of the Coolidge forces, that excessive amounts were expended In soutn Dakota was dated at Ked field March 29. It read: "The statement of the Coolidge management as to their expenses in South Dakota la untrue In many re spects. "They spent about $15,000 In ad vertising alone during only the last week misrepresenting Hiram John son's record. During this period, the Johnson committee spent only S300 ror advertising. "Paid Coolidge organizers were numerous in trains and hotels. Paid workers were much in evidence on the street corners of our villages and towns. "Checks were sent into the small est villages by the Coolidge organ izations with Instructions to draw for more if needed. A dally news paper was established In the state capitol to champion the Coolidge cause. There was a large number of South Dakota men and women on their payroll. They maintained elab orate headquarters under the direc tion of federal employes. Expens ive offices and organizations were maintained In towns and cities. "Criticism was frequently made of the expenditures of the Wood-Lowd-en campaign In 1920 and led to in vestigation by the United Slates sen ate; but there was much more evi dence of lavishness in the Coolidge campaign. I believe the expenses would average two dollars for every vote they received. Indications are that some of the larger counties were financed from outside and not from state headquarters. In addi tion outside corporations ran thous ands of lines of advertising In every paper In the state, Including even the smallest weeklies, for three weeks preceding the election, the avowed purpose of which was to break down the progressive forces, but especially the candidacy of Gov ernor McMaster for the United States senate. "Evidently they resented his ef fort to bring down the high gasoline prices. Aninno, thn PnnlMffn aneaknrB were mombers of congress, a mem ber of the cabinet and a former cab inet officer. Neither effort nor ex- pense was spared by the Coolidge ! managers but the farmers and work j lng people saved the day. Not only Is the Johnson majority substantial but the Johnson delegation of which I am one, appears on partial returns to be victorious by a much larger majority." Senator Johnson left last night for a four day tour In Michigan. He will address a noon meeting today at Pontiac and tonight be will speak at Flint. ELGAROSE MAN PASSES AWAY August Bloomqulst passed awav at nia Home in Elgarose last evening af ter a short Illness. He was born in Sweden In 1846, and was 78 years of age at the time of his death. He has been in the United States for the Daat 45 years and has been a resident of Klgarose for two and a half years. He leavea a sou, E. O, Bloomqulst of this city, to mourn his death. The funeral services will be held Wednesday afternoon at 3 o'clock at Klgarose and Interment will take place in the Klgarose cemetery. CONVICTS TRY TO ROB HOUSE Posses Sent Out on "Hot Trail" Picked Up Near Stayton This Morning. WEEKLEY IS CAPTURED Makes Bold Attempt to Walk Through Streets of Stay ton, But Is Spotted by Guard): BELIEVE KELLY SEEN HERE IS Man Suspected of Being Es- Convict Rides Train Into Roseburg. caped i ROADS PATROLLED Officers Closed All Avenues of Escape But Suspect Succeeded in Eluding " Local Sleuths. names of the said corporations. L Second That while there has been some confusion In d"llvery of mall of (defendant to plaintiff, yet such mis delivery was through the failure to , ercerclse ordinary care In handling said mall matter. Third That plaintiff has failed to ?how any injury or damace likely to sccrue to It thioui h said alleged aim- ! llaiity of names. I As conclusions nf law based on the foretmlnK factB. I find: first, that the complalr.t of plaintiff herein should be dismissed. Second, thst defendant is entitled to recover from plaintiff Its ; costs herein Incurred. DAUGHERTY GOES TO WASHINGTON TODAY ATLANTIC! PITY. IM. J.. March 31. ! Harry M. Daughorty expects to leave today for V aldington wnere tie says he has "quite a few things to look aftT." I .Last night he asserted that ho was still the "dependable friend and supporter" of President Coolidge and that he had not th uglit of with drawing as candidate for dHexate at large for the republican convention. Mrs. 8 M Anderson and son, Hans, who reside In Cooking Glass were in fntt-n for a few hours this mornins jshoplng and attending to other mat A man believed to be Ellsworth Kelly, one of the escaped convicts from the Oregon penitentiary, waa seen here yesterday, but eluded offi cers in spite of an all night search which Included all ot the roads und highways in this vicinity, and the In (Associated Press Leased Wire.) SALEM. March 31. Acting upon definite onfirmattton ot what War den Dalrymple and others directing the man hunt tor the tour of the six convicts who broke from the state prison consider a "hot trail," dis patched posses to Stayton hastily this morning. The information waa received from Stayton that somone had at tempted to enter a house on the out skirts of the town during the night. Investigation by officers revealed tracka made by shoes such as those stolen from an Aumsville store Fri day night, leading out of a patch of brush to the house and back again. Aa near as could be learned entry was not gained to the bouse and nothing was missing. The officers are working on the theory that the man who attempted to enter tne bouse was the partner of Cllve Weekly who had been hid ing in the same vicinity and who waa captured on the Stayton bridge l"t evening, and figure that it is Hurray. t horough search la being made today ot the country tn the vicinity of Jefferson, where three men at tempted to steal an automobile and later ate lunch tn the loft ot s barn Saturday night and from which vi cinity three men were reported teen upon three different occasion! yes terday. Investigation this morning failed to authenticate a report here about . 11 o'clock last night that three shots had been heard by two prison guards Just north of Jefferson. (Associated Press Leased Wire.) SALEM. March 31. This morn ing the warden and his assistants were more confident than ever that spectlon of every train leaving for the! the men were all bound south but south. had been prevented from crossing Yesterday urternoon Deputy Sheriff ,ne Santlam and Willamette rivers Ed Singleton, who resides on Win- tne havy guard that has been Chester street saw a man drop off a maintained. rreignt tra,n just pulling into the cltyj They now figure that the four The man started towards the river, ' fonv,ct" stl" at large, EH" and the officer noticed that he was Kelly, Bert Jones, Joe Jackson and about the size of Ellsworth Kelly and Tom Murray, are "holding in" in started in pursuit. Before he could ,ne heavy brush and waiting for the reach the tracks, the man turned back officials to relax their vigilance be and went down Pino street to Oak. 'ore making their break to get out He was dressed In a durk overcoat, of ,hl Part f tlie country, oiuo overans and a cap. The duputyl "lf N" figure they are going to sheriff was a considerable distance wait us out, they bave a long wait away when the suspect reached Dak ahead of them," said the warden to- streut, and by the time the oi titer ar rived the man was not to be seen. Sheriff Starmer was notified and a search was started. It later developed that the man went to the Empire barn, where be found an employee washing a car, and asaud if there were any curs going "over the hump." This Is a phrase applicable only to the divide near omnia Pass, ami would be known only to one who has resided tn that locality or is familiar with that par ticular torritory. where Kelly resided tbe greater part ot his life. Officers day. (Associated Press Leaaad TCIrs.) SALEM. March 31. Cllve M. Weekly, one of the six convicts who escaped from the state prison F' morning In one of the most daring prison breaks In recent years here. Is again back inside tbe walls aHer two days and a half of liberty. Shortly after 7 o'clock last even ing the Jaws of tbe trap that had been baited and set for Weekly and his pals snapped on him on the brldse at Stayton. but only after he showed the garage man pictures of! bad nearly slipped through its teeth, the escaped convicts, and be Inline-1 Back In tbe penitentiary under dlately picked out the picture of grilling by Warden Dalrymple, Kelly aa the man to whom he had Weekly said that be was completely been talking. lost when he stumbled upon the It is believed that the man went town of Stayton from the north. Be Immedltaely to the hills, or else fore be knew it. he ssld, he waa caught a car south. ! well inside the town and did not Ins actions were peculiar In that , dare turn back. He kept on going, he dropped from sight so completely. avoiding tbe main business streets Usually a hobo, riding on a train, will ; and finally arriving at the brldre. remain at least long enough to rest e said he was hardly on the bridge for a short time and secure something ; when two guards, James Dalt and to eat. but this man apparently was Harry Roe, approached him from In a great hurry to get on south, and behind, but he kept on going at a was anxious to secure an automobile, moderate pace, determined to bluff The phrase which Is used is so sink- his way through lf possible. The iugly idiomatic, that It in itself would ' guards stopped him, questioned him result In suspicion. The Jones broth- j brief ly, and, according to Weekly's era, when they robbed a stage In the story one of them said: canyon were heard to say as they "Oh, he's all right. I know him." completed the Job -that theywould The convict Jgain walked leisurely "have to hurry to get over the hump on, but his appearance aroused the before daylight." I suspicions of guards In an automo- Shoriff Starmer immediately called 0n that came up behind him and out a number of his duputles and a passed him on the bridge. At the careful watch was kept all bight. The (ar enc! of the bridge tbe car stop Koberts mountain road, tbe highway, ped, Marshal Henry Smith ot Stay and the railroad tracks were all pa- (0n jumped out and as Weekly came i.ui.eu to ciosu all avenues of escape, up slopped him. imt nothing was seen of the suspect, t The stories of Weekly and John All trains were carefully gone over toi,on, t ie convict captured Friday are see that no hoboes were riding mem Identical as to tbe distance and (Continued on page three.) out, and everything possible was done, Including a search of the "Jun gles" and all hobo hangouts, to locate tne man, but In spite of these efforts he was not seen aguln. It Is possible that he secured an automobile ride durlne the short time that the officers organized for the e) was more than double that of search, or It may be that he took 192"? cover In the hills and went south on , e DO YOU KNOW THAT Roseburg building for 192S I- I 'ii i ii'1 i't . ; 17 i : I I tumtlnued on page six.) or by means of the similarity of the J. VT. HAMILTON, judge. ters. foot through the woods.