Roseburg news-review., July 15, 1925, Page 1, Image 1

f
EBDM
FAIR AND WAf
Consolidation of Ths Evtnlng Newt and
Thi Roseburg Review
VOL. XXVI
DOUGLAS 'COUNTY
An Independent Newspaper, Publlthed lor
the Beat IntereeU o( the People.
ASSOCIATED PRESS LEASED WIRE
SERVICE WORLD'S NEWS TODAY
no. a. '"UR0 review
ROSEBURG. OREGON. WEDNESDAY. JULY 15. 1925.-
VOL.XIII NO. 100 OF THE EVENING NEWS
Jttld ULl.ttlUllo '
NOT ELIGIBLE
Senator Beals and Garland
Cannot Serve, Opinion ij
of Attorney-General. j
MUST FORFEIT JOBS
Holds That Pierce Appoin
tees Must Give Up Senate
Seats or Positions on the
Fish Commission.
(AMorbtM Pre Lcaaml Wire.)
SAI,EM. Ore., July 15. State
Senator A. O. Beals, of Tillamook,
cannot legally sit as a member
of the state fish commission, a po
sition to which he was appointed
by Governor Pierce several weeks
ago to succeed P. P. Kendall of
Portland. This Interpretation of
twosectlons of the state constitu
tion was given down In an opinion
by Attorney-General Van Winkle
today In reply to an Inquiry by Sec
retary of Slate Kozer.
Though the status of State Sen
ator S. M. Garland of Lebanon,
who was appointed at the same
time to succeed John C. Veatch,
was not a question before the attorney-general,
he also was Illeg
ally appointed for the same consti
tutional reason. Garland was sworn
In as member of the commission
yesterday.
The opinion renders void actions
of the commission since Beals be
came a member in which his vote
was necessary tor a majority, also
all claims agalnsr the state which
depended on his vote.
It is understood that Senator
Heals will elect to serve on the
fish commission and to do so will
reslpn as state senator. This will
not legalize a majority. Senator
Garland, when queried by tele
phone today, stated that he will
keep his senate seat and give up
his post on the fish commission.
"I am very glad the attorney
general has so ruled,' said Sena
tor Garland.
"His opinion relieves me of a
great responsibility that I did not
seek. 1 am very much gratified."
It Is believed that the governor
will consult Garland before ap
pointing a man in his place. The
first section of the constitution
violated in the appointment of
Deals Is that which divides the
power of the state 'government in
to the legislative( Including the
administrative) and the judicial
and provides that '"no
charged with official
under . one of these
ments shall exercise
the functions of another.'
held that Deals as state
and fish commissioner would be
exercising both legislative and adi
ministrntive duties.
The other article of the consti
tution violated Is that which pro
vides that "no person holding a
lucrative office or appointment
tinder the United States or under
this state shall be eligible to a seat
in the legislative assembly, etc.'1
Authority Is cited to show that
the office of fish commissioner Is
lucrative under the law although
the compensation Is limited to $5
a day while on duty and not to ex
ceed $200 a year. .
The main authority cited rela
tive to an official exercising duties
In more than one of the govern
mental divisions is the case of Gib
son vs Kay, In which It was held
that Claud McColloch could not
serve as state senator and at the
snme time serve as attorney for
the state corporation department.
.OPED NEIGHBOR
SNORED TOO LOUD:
LOUD'S THE LIMIT?
V -ANTIC CITV, N. J., July
loV-The county grand Jury will
soon be confronted with the deli
cate task of ascertaining how
loud a person may enore with
out provoking an attack by a
neighbor. , ,
James Pabst appearing In
Magistrate Paxon'e court laet
night with one eye bandaged,
charged that John Baltimus, hie
neighbor, assaulted him because
he snored.
Baltimus testified he could
have put up with the snoring
had Pabst not called him bad
names when he objected to the
nightly nasal concert Baltimus
was held under 500 ball for the
grand Jury on assault and bat
tery charges.
OFFICERS ARE
M I S S I N R GIRLS
HEAVY SENTENCE
It doesn't pay to get "flip" with
justice of the peace; as Jess
Moran, of Yoncalla, learned to his
sorrow this morning. Moran, to
i gether with Robert - Hustln and
! Kenneth' Nolan, was arrested for
: being Intoxicated on a highway.
! and was taken In custody by Depu
ty Sheriff C. H. Daugherty. This
morning the( trio appeared before
Justice of the Peace J. J. Drown,
at Yoncalla. Moran was asked for
his plea, and flipnantly replied,
"Guilty as b , Judge."
"Fifty dnys; next case," respond
ed Judge Drown.
Moran's companions addressed
the court in a more sober tnarf
ner and their cases were handled
j lenlentlv. Doth boys were given
; fines of (40, or 20 days in Jail.
Hustln paid his fine and friends
are endeavoring to raise the
amount required for Nolan. Moran
will serve out his time as a mem
ber of the road gang.
Two Small Sisters Last Seen
July 4 in Klamath Lava
Bed Country.
POSSES JOIN SEARCH
Girls, 14 and 12. Were
Herding Sheep for Father
When They Disappeared
Crime Suspected.
ROSEBURG MEN IN
ELKS' TRAPSHOOT
MAKE GOOD SCORES
person
duties
of
It Is
senator
ttosehurft trapshooters, who par
ticipated In the national trapshoot-
I lnt tournament nt Portland yester
day aftprnoon, failed to make any
I of the hieh scores, although they
j placed well up In the list of Indi
vidual shooters Jnn.es A. Gnllag
: her, of Corvallis. won the grand
championship with a score of 98
(out of a possible 100. Kay Iacey
of Wells, Oregon, was second with
97 and Dr. C. F. Cathey of Tort
land was third with 95.
! The entrants leathered In club
I house after the shoot and formed a
permanent organization to be
known as the Elks National Tiap
shootitiK association. Hv Everdin;
of Portland was elected president;
Charles Ray of Watertown, S. D..
vice-president; Charles S. Hart.
New York, secretary. The follow-
Ing ofx men were elected diec'o-s:
I Dr. E. H. Smith. Httlsboro, Or.; W.
) L. Crowe, Portland. Or.; Charlea
I Fleming, Spokane. Wash.; Captain
; W. H. Fawcett, Rohblnsdale, Minn.;
Ony Egbprs. Spokane, Wash.; J. R.
j Thaman, Oakland, Cal. These six
; directors and the other officers will
! hold a meeting and appoint a treas
urer and a seventh diroctor.
The new association announced
through President Everdin that It
would make the tournament an an
nual event hereafter.
ExacMv 108 Elks entered yester
day's tournament, but scores more
shot Just for the fund of it. Th
tournament was successful beyond
all expectations.
Among the Roseburg men who
participated were Roy Oppie, .lohn
Murks and Ed Peyton.
1 Adrian Fisher, who has bfen
' visiting his parents and friends
' htire for the past several days, left
yesterday afternoon for Copco. Cal
ifornia, where he In employed by
, the California Oregon Power Co'.n
I pany. He drove back his new
I Chrysler coach, which he purchased
! while on his visit In Ros'burg.
Mother Claims Her Baby Was Taken
From Her While She Was Deserted;
Foster Mother Asks Child's Return
fAMnrUtl PtiHw'jaiaytJ Wlr )
KLAMATH FALLS. July 1.1.
While county authorities are run
ning down vague rumors and In
numerable clues, a determined
group of trappers, sheep herders
and ranchers left at daybreak to
day to search hidden caverns and
caves In the sun-swept lava bed
country in an effort to find some
trace of Junie and Esther Rrad
shaw, aged 14 and 12. who disap
peared elcht davg ago under mys
terious circumstances.
The little girls had been herding
a large flock of sheep for their
father. A. W. Bradshaw. Their tent
was pitched on a desolate sheep'
range near the south end of the
now drled-np Tula lake. There was
no habitation for miles around
on'y sagebrush and lava rock, coy
otes and rattlesnakes.
Broken-hearted, their father re
ported, because he could not bring
them to Klamath Falls for the 4th
of Jnlv cel"bratIon, the ElrU dt;op
ned from sleht. No trace of them
hs been found, although peace
officers of two state have been
making a'frnnfle effort to find
some trace of them. -
A shallow well In the lava bed
country was found to have been
raved In the dsv after the girls
disappeared. The well had been
filled In by human agencv. Ranch
era and sheep herders cleaned nut
the well yesterdav In the belief
thnt the glr's mieht have bon
murdered nnd thrown Into It. But
no trace of them was found.
An experienced trnnner late ves
terday afternoon found the foot
print of a large man leadlne from
the little camp directlv back Into
the danrerotm caves a half mile to
the renr. and it Is these footprints
that the posse of lava bed settlers
Jr fol'owlng out todav on the
chance that thev might lead to
some ehastlv crime.
A sheep herder of that section
reported late yesterday that he had
heard one of the girls screaming
the night of their disappearance.
The following morning they were
gone, and their food supply had
not been touched. It alto was re
ported that a small sum of money
was lying on the rough table with
in the tent.
Other clues which are being fol
lowed out are that the girls have
been aided In running away from
the lonely sheep camp. One report
is that they have gone to the home
of a married brother near Medford.
Another Is that they might have
been helped to the home of a mar
ried sister In Portland, while still
another is that they have gone to
friends In some town In northern
California.
Authorities are positive that the
girls, If they ran away, could not
have made their way out of the
lava bed country without assis
tance. None of the ranchers of
that section has seen or heard any
thing of them since the night of
their disappearance. While auth
orlties still feel that the girls may
be found alive, ranchers of that
section shake their heads negative
ly and openly express belief that
one of the hidden, snake-Infested
caves of that country will yet give
up the secret of the two little lone
ly, girl-sheep herders.
MORE LEG, LESS NECK
ON VIEW IN FALL IF
RETAILERS HAVE WAY
NEW YORK, July 15. Mors
leg and lest neck will be en view
next fall If the conception of
autumn modes for women pre
vails as revealed at the showing
of the National Garment Retail
ers' Association.
Skirts 15 or 16 inches off the
floor were not unusual at a
showing last night at the Hotel
Astor while collars were invari
ably high. For tailored dresses
there were vests that buttoned
high at the neck.
Sleeves on dresses were rath
er long and tight or long and
flowing, but always long. ''
The waist line was suggested
more definitely than in recent
seasons.
DEFENSE PLANS!
Ill SCOPES caseI
pLID TODAY;
!' i
W. J. Bryan
Takes Floor
budley Malone Tells Jury
; Will Try to Prove Bible ,
j : Must Be Restricted.
I
Oil TRIAL TODAY
FORBDOZECHARGE
JURY IS CALLED IN
Scopes Makes Formal Plea
of Not Guilty State Will i
Restrict Argument to j
Violation of Law. .
f AMocUtfd rrrm Lnurtl WtrO '
MEDFORD, Ore., July 15. After
deliberating for only five minutes
j jury In circuit court this after
inoon returned a verdict of guilty
against R. Dawson of Klamath
j Falls charged with having sold
I liquor "while armed", to The Hut
ia soft drink establishment near
the Oregon National Guard en
campment this June.
According to the new law the
penalty must be not less than one
year In the slate penitentiary.
, MEDFORD, July 15. R. Dawson
lof Klamath Falls, arrested in a
raid last June on "The Hut", a soft
drink establishment on the Crater
jLake highway during the National
j Guard encampment, Is on trial in
the circuit court on an Indictment
(while armed." A jury was securea
charging "sale of Intoxicants,
yestertlay afternoon. The trial wl
ino completed touay. Mr. and Mrs.
in. j. iiouges ami Mrs. Dawson,
also face trial on the same counts
at this term of court.
Two women drawn to the Jury
box werT excused from service on
questioning as to qualifications.
The state challenged Mrs. H".
i Chandler Egan, wife of the north
iwest amateur golf champion, on
'grounds of prejudices, and the de
Ifense excused Miss ITneetn Mor-
tenn. n school teacher on Its nre- I
iemptory challenges.
The trial Is the first, as far as
can be learned, under the law
passed by tho last legislature,
("putting teeth In prohibilion", by
j providing penaites for "gun carry
ing" while engaged In bootlegging,
and kindred pursuits.
) The defense at the opening of the
trial, asked that all state witnesses
be excluded from the court room,
and the ruling of the court Includ
ed District Attorney Newton
iChaney, who participated In tht;
raid.
f4ocltH Pn Lnuod Wire.)
""COURT " ROOM. Davton. TonrT.
July IR The Jury officially be
came a part of the Scopes trial
late today, the oath being admin
istered immediately after tho en
trance of a plea of not guilty by
John Thomas Scopes, charged
wllh violating the Tennessee anti
evolution statute.
COURT ROOM. Dayton. Trnn.,
July 15. The "broad purpose' of
defense counsel for John Thomas
Scopes will be to prove that the
Bible is a work of religion which '
must be kept In tho field of th !
ology and not a'lowed to obtrude1,
Into the scientific field, Dudley :
Field Malone told the court late to-
uay in outlining tne course to do
pursued In the trial.
"The narrow purpose" of the de
fense will be to prove Scopes Inno
cent of any violation of the Ten
nessee anti-evolution teaching
statute.
Mr. Malone started speaking Im
mediately after the attorney-general
had addressed the court for
a moment ,The attorney-general
said that the state simply
contended thnt the defendant was
guilty of violating the Tennessee
statute prohlblling the teaching of
evolution In the public schools of
tho state.
Mr. Malone, making the opening
statement of the defense, opened
his remarks with the declaration I
that the defense believes that 'God
Is a spirit and they that worship
Mm must worship him In spirit!
and In truth. " I
"The defendant, John T. Scopes, !
has been Indicted for the alleged ,
violation of an act passed by the
Tennessee legislature which pro
hibits the teaching of the evolu
tion theory In all the universities,
normal schools and public schools
of Tennessee, which may be sup
ported In whole or In part by the
. (Continued on pave X.i
3
'
L 0
APE TRIAL JUDGE OVERRULES
MOTION OF DEFENSE TO DROP
INDICTMENT AGAINST SCOPES
Judge Raulston Make Lengthy Report of Decision on
Point Moved by Defendant's Counsel Takes Up
Technicalities Separately. Then Says Motion Lost V'.
Upholds Constitutionality of Evolution Law.
rAw-Uii-l I'rrm Iavl Wir.)
COVRT ROOM, rmyton, Tenn.,
July 15. William Jennings Bryan
was brought to his feet for the first
time since the opening of the John
T. Scopes trial today during the
opening address ut Dudley Field
Malone to the. Jury. Mr. Hryan
arose after Attorney-General Stew
art had objected twice to remarks
made aimed at T.Tr. Rryan, linking
him Willi the fundamentalists ele
ment. The man who for the past four
days has silently occupied a seat
at the state counsel table faced
Mr. Malone and the JtidKe to In
form the court that he desired no
protection from that source, but
would defend himself at the proper
time.
As he completed his statement
the packed room hurst Into ap
plause, more enthusiastic than had
yet swept the room. The applause
broit&ht from the the court the
announcement that those partici
pating In such outbursts In the fu
ture would be barred from the
room.
Cartoonist's Impressions of Evolution Trial
( Aawwlitwl Trm LwrtJ Wirt.)
SAN FRANCISCO. July 15. A,
mother will go before the state dis
trict court of appeals today plead
ing for the recovery of her baby
which she conends was taken from'
her by another woman while she(
was penniless and deserted. j
A deputy sheriff and attorneys!
for Mrs. Frank C. Orubel, Kansas
City club woman, met Mrs. Jewell
Jerome at the door of her home
hre yesterday and took her baby,
Betty Jerome, on a writ of habeas
a corpus issued out of the state dis
" trlct court of appeals. Hhe and her
and baby had just returned from
th beach. I
Today the baby approached the
hiph court In custody of an at-,
tendant of the juvenile detention1
home whrre the child was held
during he nleht. The court must '
deride whether the guardianship
papers Issued out of a Kansas city 1
court have erased the natural
motheVs claim to the child and
given her Into the legal ownership
of Mrs. Grubel, who obtained guar
dianship papers some Years ago.
Mrs. Jerome said Mrs. Grubel
had possession of the babv soon
after the child was born because
the deserted mother bad no funds
with which to care for the Infant.
When she attempted to ret control
of th child. Mrs. Grubel showed
ruardlanshfn papers, by which she
hsd obta'nMj teral possession of the
child. The natural mother. Mrs.
Jerome, then kidnanrd the Infant
and came to California.
A friend of Mrs. Onibe! who was
In California during the Shriners'
convention, recoenited Mrs . Jer
ome and the child at a depot her.
The friend wfrd Mrs. Grub" I. De
tectives were pnt on the traU and
seizure of the child last night re
sulted. Mrs. Grubel baa do children.
KLAMATH FALLS, Ore.. July
15. Sheriff John C. Sharp, of
Modoc county, California, and ;
Contatble Garry Cozad of Kla
math Falls, left here at daybreak
this 'morning for a rendezvous
near Dunsmulr, Cel., whre, a
! cording to the latest report, the
Bradshaw sisters are In hiding.
! Knroute to Dunsmulr the two
.peace officers planned to stop at i
Alturas. Cat., and apprehend the j
! man who Is alleged to hava trans- l
! ported the girl sheep herders I
seroiw the California state line.
This latest lead in the mvsterions
diappearsnce of the two girls I
Jcanvs as the result of a letter re- ;
'celved by the Klamath Falls con
stable last night from some Duns- I
muir resident. In which It was J
declared the girls had hen seen ;
near Dun'mulr. The letter is also
i said to hav revealed tie name of .
'the man who went to the lonely
lava bed sheep camp and atdd
them In their escape. The offl-
' era mnrtii to hava itm rlrlft
custody by tonight. q
rWS i'XNN I HtLPINQ PRO5EC0TC THt
V-r Y scopes M W Ml'J'!
I, r - o ri
y JUDGE RAULSTON (gARENCE OARROW
1, b&mjtfmm
(Aanrlated Prra Uxl Wtrr.)
COURT ROOM, Dayton, Tenn.,
July 15. Judge John T. Raulston
today denied the defense's motion
to quash the Indictment against
John T. Scopea. The Judge's deci
sion upheld the constitutionality of
the Tennessee anti-evolution law.
The motion to quash was made
Monday and the day was spent In
argument. Judge Raulston waa oc
cupied all of yesterday In writing
his poHltl which was voluminous
The decision took up each conten
tion of the defense and ruled that
the defendant would be required
to plead further.
Before reading hla decision on
the defense motion to quash Judge
Raulston consented to pose for
photographers with the decision In
his hand.
After the Judge read the grounds
on which the defense sought to
quash the Indictment, he discussed
the authorities cltled.
Discussing the alleged discrep
ancy between the caption of the
act and the body of the bill Itself,
he snld:
"The general title of the act la
one which Is broad and comprehen
sive and covers all legislation ger
mane to the general subject stat
ed. The title may cover more than
the body, but It must not cover
less. It need not Index the details
of the act ,nor giva a synopsis
thereof."
In this particular case, he said,
the caption of the act provided
thnt purpose of the act la to pro
hibit the- teaching l- evolutionary
subjects In the public juhooU of
the state.
"It Is true that this -provision Is
rather general In its nature," he
shW, "and In my conception of the
terms employed In the caption and
body, those used in the caption are
broader and more comprehensive
than those employed In the body
of the act, but In my opinion the
caption covers all the legislation
provided for In the body and Is
germane thereto, and In In no way
obscures the legislation provided
for."
"In my Judgment, the caption
Is sufficient to put any mem
ber of the legislature on notice as
to what the nature of the propoe
ed legislation la and that the cap
tion Is really more comprehensive
than the body of the act."
Tho second point ulleglng a vio
lation of the constitutional provi
sion that the legislature should
cherish literature and learning
schools of the state, he passed over
with a brief statement of the law,
since the point had not been
pressed by the defense.
The n"t, a purely technical
point charging the bill had not
been read a sufficient number of
times in the two houses of the leg
islature before Its enactment, also
was dismissed with a simple read
ing of the constitutional provision.
Taking up the next phase, which
alleged a violation of the constitu
tional rlnht to worship Ood accord
ing to the dictate of the Individual
conscience, he declared ha failed
to see "how this action In any wise
Interferes or In the least wise res
trains any person from worship
ping Ood in the manner that pleas
eih him. It gives no preference to
any particular religion or mode of
worship. Our public schools aro
not maintained as places of wor
ship, but, on the other hand, were
deslrned. Instituted and are main
tained for the purpose of mental
and moral development and dis
cipline." lie also failed tn see how the
teachers' rights under the same
provision of the state constitution
were violated by the act, "since
there Is no law In the state of Ten
nessee that undertakes to compel
this defendant or any other cltlsen
to accept employment In the pub
lic schools."
These relations, he said, are
purely contractual "and If his con'
science constrains him to teach the
evolution theory he can find oppor
tunities elsewhere In schools in the
stale and give full expression
to his bell, fs and convictions upon
this and other subjects without
nny Interference from the state of
Tennessee er Its autnormea.
I "Neither "!lo I see how the act
lays any restraint on his right to
worship according In the dictates
of his conscience. I'nder the pro
visions of this act, tnis defendant,
tor snv other person can entertain
lanr religious belief which most
apreala to their conscience."
The statute, he also held. doe
not unlawfully deprive Scope of
I any of hi liberties, privilege or
tirnnprt V.
The alleged vagueness In the
indictment, he held, did not ex
ist, since It substatntially copies
th-a words of tho statute and
therefore I sufficiently certain.
Weakness charged In the law la
that there waa an alleged discri
mination against teachera as a)
class, he dismissed with a reading
of a ruling by the atate supreme
court. In which It was held that,
"class legislation which have ap
plied equally to all that are la
or that may come Into the like
situation and clrcumstancea an
which makes a reasonable and
natural classification, If valid ajnt)
constitutional." Discussing the
alleged violation of the 14th
amendment to the constitution of
the United States. Judge Rnulstdn
read a portion of the decision of
the aupreme court It the case of
Meyer versus the State of Ne
braska, In which It was held that
a state prohibiting the teaching of
any language other than English
to children waa not In confllot
with the fourteenth amendment.
He quot-ed from the rultne
the atate aupreme court In the
Leaner rase, generally cited asajjhe
outstanding authority In similar
cases In the state of Tennessee.
In this case It was held that the
establishment and control of pub
lic achoola Is a function of the
general assembly and that If the
legislature dtfema proper, It may
abandon one plan and try an
other. In conclusion he said:
"It Is further pertinently said,
that It la Impossible to conceive
the existence of an uniform sy
stem of public schools without
powers lodffed somewhere to make
them uniform and In the absence
of express constitutional provi
sions, the power must necessarily
reside in the legislature and bene
It has tire power to prescribe
course of etudy as well as the1
books to be used and how they
shall be obtained and distributed. .
"We find neither reason nop
authority that suggests a doubt
to the power of the legislature to -require
a designated aerie ofl
books to lie used in school.
"The rule prevailing In Tennes
see by which the courte are govt
erned In passing upon the consti
tutionality of statutes I this?
The rule of construction that
every Intendment and -presumption
Is in favor of the constitu
tionality of the statute and that
every doubt must he solved so aft
to sustain It; and where It la sub
ject to two constructions thst
which will sustain it constitu
tionality must be adopted.
"The court, having passed on
each ground chronologically and
given the reasona therefor la now
pleased to overrule the whole nib
tlon, and require the defendant
to plead further."
At the conclusion of the read
ing of the decision, defense courtj
sel not-ed an excentlon to the de
nial of the nua'hlng motion an
then filed a demurrer which em
bodied the same contention of the
late motion to quash.
Krank McKlwee, Rhea county
attorney, made his first statement
for the defense In noting the eX-
ceptlnn.
When hs had finished reading;
his decision Judge Raulston re
cessed court until the afternoon
session.
At the afternoon session the
Jury, absent from the court room
j for two days, wss expected to re
turn BnU l UH17 wuri. in.
D-efore the noon rece Dudley
field Mnlone, for defense tounsel,
urged thst the case be expedited.
Attorney-tleneral Stewart an
nounced that the representatives
of the state were heartily In favor
of a "speeding up" program. Ar
thur .0. Hays auggested that the
afternoon sessions be prolonged.
Judge Raulston replying, "w will
climb that hill when we get to
It."
TENNESSEE GOVERNOR
COMMENOS PROSECUTOR
COURT HOIJ8E, Dayton, Tenn!,
July 15. Official commendation
(Continued on Page 8)
Tlie Weather"!
High tat tsmp."
ysatsrday SO
Lows st tamp,
laat night 89
Pair and Warm
Tenlght anal
Thursday.
Kejoicing, rippling, rivulets
Rush rapidly on their way.
Arousing trysta of romance ,
On this perfect summer day," I