La Grande evening observer., May 01, 1923, Image 1

.. - k f , pi- -?"!"'1
t T 1 1
r Kttetrat
VOLUME XXVI
MKMnitft OF ASSOCIATED TRESS
LA GRANDE, OREGON. TUESDAY, MAY 1, 1923.
Mi:5iiti:it of associated l-itrss -
NUMBER 176
30a
(ft
V
Appeal In Mandamus Case
Not Yet Certain; Judge
fKnowles Decision Given
Tlui La (irnmlo Kvcuiiifc Observer Uils ..turning notified Mayor
losc'iih Trippler, of Cove, first mtiilioiieU pluUitiff. in this mandamus
pi-ooct'diiiKM, of I he decision made hy .IiiiIk J. W. Kiiou lt.
In reply to I lie query of whether they would apitcal the ease to
Hie Oivfum Supreme Court. Mr. Trippli-r stated that lie was not m a
lMJsfiion to answer iwslilvely until lie eould confer with his osso
eiutcs. "If we believe the decision Is reasonable we will let the
maiter si mid.' he Muted, Mini if not, we may appeal.'
Mr. Trippler furl her slated that he and his associates would be
able to jnako a poslilvo statement as, to whether the ea.se would
or wotilil not be appealed, tomorrow. '
In connection with Judge if. V. Knoules decision, rcarhctl late.
m ycsieiilay nrternoon. in favor of the County Court, consist Intf or
County .ludifu 1'. li. Couch, of Island City and County Comriilssioit
crs .lohn Wells, or Alii el. and J. I'. Hutchison, of In Ion. In Uie
mandamus proceedings brought U'fure the circuit court by Mayor
Joseph Trippler, of Cove, and others, demanding that tliu coiuiLy
court construct ami build a paved hard surface highway between
Island City and Cove and Hint they exiiend on said road tint full "
sum or $270,000, the following decision by tltulge Kuoules, in mil,
is given.
The mandamus proceedings hi question wen brought before the ."
eirciill court several weeks ago. At the first hearing, following tlui
plaiutiffs and ilefendants' testimony, tlie defendants moved that tlie
case be dismissed, giving as their reasons that the alternative writ
of mandamus "did not stair, facts sufNckful to constitute such an. -action
and that the question as to whether or not a hard surface
; paved road shall be constructed, or a substantially constructed '
macaduiii road be built is a matter Tor the sound Judgment and dis
cretion of I ho loimiy court , wide n the eireult court cannot control or
interfere with." They also advanced, as further grounds for asking
a dismlssul dial (he alternative writ of mandamus commanded the
c-oiistriietlon of a paved hurd surfnee road and lho cwiullturcs in
such construction of Hie full sum of $270,000, and "that It is clear'
that the circuit court could not compel the county court to sK.iur
' that sum or any other sum over and above what Is necesary to con
struct a .permanent road and that, as the circuit court. cannot grant
all that Is requested, it must deny the Issuing of a iicrcmplory writ
of mandamus and dismiss the proceedings."
Judge J. V. Kuowles denied the. motion or the defendants asking
lug for n dismissal of the proceedings, permitting It to com to trial.
The defendants were represented by Attorneys Crawford & lakln.i
Ljl Wright, or I a (.ramie, ami Assist an I Attorney . moral of Oregon
.1. M. ievers, aud the plaintiffs 'writs represented hy tfiio. S. ilotlgins,
of la t-raiitle, and A. A. Smith, of Baker.
Will Seek to Maintain a
"Bane-Dry" State On All
Federal Owned Vessels
WASHINGTON. May I. Defl
, jiUa Indication won given by
Chairman Lasker, of the ship
ping bound after a conference to- :
day with President .Harding, that
government owned ships would
bo Kept "bono dry" some of th
time, at least, although under
yostcrduy'a supreme court deci
sion they legally could curry and
awrve- liquor on the high seas.
IB. ft STILL
n SPEAKS
TO HO CLUB
. C. G.
WQQL
HEARINGS ON
' Judge Knowles' Decision.
"In the circuit court of the state
of Oregon for Union County in the
case of Josonli Trinnier. Karl J
StBcklnnd, A. II. Hartley and John
Dean, plaintiffs, vs. U. G. "Couch,
county judge, anil J. F. Hutchison
and John Wells, county commission
ers, of Union county, Oregon, defen
dants:
Tells of Benefits of B. of L.
F. & E. In Brief Talk; Ex-
cellent Musical Program
, Arranged. , .,
- With Charles W. - Maior. special'
representative of the: La Grande
lodge of tho Brotherhood of Loco
motive Firemen and Engineers, as
the main speaker, the Union County
Ad club held their regular, weekly
luncheon today at noon in 'tho K. of
IV hall with John Clifford as. chair
man of the day. Mr. Maier snoke
on the benefits lerivcd from the or
ganization of which he represented.
Ilia speech proved very interesting
and carried a- message worth while.
G. L. Larison. mesident of the Ad
club, spoke briefly on the Oro Dell
overhead, indicating that at present
conditions appeared favorable. He
stated that tlic result of the hearing
j would probably bo announced some
time late this month.
G. S. Bimic reported on the se
lecting of a site for the c,oming Old
Oregon Trail Pageant.
In addition to tho talks and busi
ness handled, the members wero
treated to a delightful musical pro
gram, featuring the Ad club quar
tctte, accompanied by John Stoddard
on the piano, and several numbers
by Bud 'Lynch, an accomplished pianist
WALK ! N 1 0 U T
Freight Traffic Manager of i "This is a proceeding brought by the
U. r. 1
Testify.
U. P. It First .Witness Wij&&rStttkS
Uv Associated Press)
1 HA I .T LAKH, May 1. Hearings by
representatives of tlio Intcratuto com
morce commission on petitions Tor
icadjuslmcnt ot rates on wool ship
ments In western slates opened here
.Monday with a statement hy F. W.
Itoljitison, frelKllt truffle manaKer ot
the Union I'lelfle railroad, that "the
railroad's rules must bo lowered in
order to meet water competition."
Mr. llobinson. who witf the first
Citness to, testify, was still on tin
stand when the hearlliK closed lato
Monday. He declared that the rato
on wool of $2.70 a hundred pounds,
whlell is under suspension pending
thu investljr.itlon, was announced be
fore the lutcst reduction on water
lines.
I'roporttonato rates by rail to the
Pacific coast wci0 opposed by Mr.
Itoblnson during tho examination,
whlell was conducted by H. '. I'aul.
examiner of the commission, and H.
A. Davis, manager ot tho bostou Wool
Trado association.
"Tile commission," ho said, "can
not fairly or reasonably uttempt to
establish proportionate rates to the.
perls unless it also lias control over
tlio port-to-port rates."
SUGAR INQUIRY
IS ADJOURNED
Hearing Is to Start Again
May 7; Exchange. Files
Answer, to Government.
(l!y Associated Press
NI'.W V)UIv. May I. Hearing ol
the government's application for a
temporary Injunction to restrain raw
siiBiir futures trading on tho New
York Coffee' and Stisur exchange, wau
adjourned until .May 7 Monday, after
the government lind presented argu
ments to sustain lis petition and filed
u mass of documents and affidavits.
The exchange. Its clearing associa
tion and I lie 23 past and present ofrl-eei-s
and members who have been
subpoenaed, look no uellon in Mon
day's proceedings except to filo nu
answer tho charge that the truns
dcnylng the charge that tho trans
actions on the exchange constitute
a conspiracy in restraint of trade, in
violation of the Sherman anti-trust
law.
Weather Forecast
M
Portland May 1
Wednesday.
tho county court of Union County,
Oregon; for the transaction of coiin
ty business, to construct a perma
nent road between Island City and
Cove, by grading and completing the
grading thereof and paving the same
with concrete, asphalt, bitulithic, or
some other hard surface pavement,
and that they expend therein the full
sum of ?276,000.00. The facts lead
ing up to this controversy cannot
be more clear ly stated by me than
to quote from the brief of counsel
for the defendants.
' 'At a special election held in
Union County, under chapter 103 of
the laws of 1!)13, on the 11th day
of October, 1919, the county court
was authoribed to issue bonds in tho
sum of $1,498,000.00 for the purpose
of raising money to be used for the
construction oi permanent roads in
that county. In the order of the
county court following this election
the court among other things speci
fied and named what particular roads
were to be built and improved by
the money so raised: the minimum
amount to be expended on each road
und where located in the county,
giving the beginning and terminus
thereof, and the order specified the-
county road between1 Island City and
the Cove, as one f the. roads to 'bo
built and improved, and the minimum
amount to be cxcndcd thereon at
the sum of $27G,000.00. Tho county
court has had plans and specifica
tions prepared for the construction of
a modern standard macadam and
crushed rock and graveled road, to
w constructed tctwccn these points
and has advertised for and received
bids therefor. The. lost bid for the
construction of the same, not includ
ing the grading, culverts, drains nnd
ditchctf bciug the sum of $75,000.00.
The county court has already had
hail this road surveyed and laid out
and the grade partly constructed at
a cost of about $7000.00. The plain
tiffs claim that a macadam road con
structed in nccordanco with these
plans and specifications, is not "a
permanent" road within the meaning
of the law, and the vote of the peo
ple authorizing this bond Issue." '
"'While Countv Judire Couch testi
fied, that so far as he is concerned,
he was in favor of the macadam
road, yet he is only one of three
members of lh0 county court, and
it is not shown that the court in
tends to accept any of the bids for
the construction of such a road. Yet
conceding that the county court does
intend to accept one of the bids for'
construction of a macadam road, an-l
let a contract for the construction
of the same and conceding further
that ' what constiutcs a permanent
road is a question of law, that this
court can pass upon, instead of a
question of fact fur the county court
to Pass upon exclusively, I will con-
(By Associated -Press)
PORTLAND, May .1. While the
police are prepared for any develop
ment, in comiccuon wiin uie indus
trial Workers of the IWorld strike
anil I. W. ;W. activities in closing
bootleg and gambling Tcsorts. I. w.
W. headquarters announced today
that orders had been issued to theiV
men against disorders.
An I. W. W. picnic in tho park
here is the principal feature of their
program for tho day.
Reports from logging districts
show little change with thB exception
that several are returning to work.
Merrymakers Reserved Seat
Sale Is On Wednesday Eve
Plans continue advancing for
tho presentation of tho .".Merry
makers" by the hoy students ot
the Im Orande high school In
the high school auditorium Fri
day evening. itehearsals are
following thick and fast unit the
program is rapidly bolug perfect- '
ed, being made ready to pfvH to
the public In a finished form.
Itoservcd seat sale will open
tomorrow morning at .Glass.
Drum and as a largo number are
expecting to attend tho presen
tation, tho best seats .may be had
by applying early.
More Xampti Closed.
SEATTLE, Muy 1. Hundreds of
'W. W, gathered lit a picnic near
heru. 1 Peace officers reported the
gathering orderly. A number of ad
ditional logging camps in Washing
ton nre reported closed as the result
of May Day activities of the I.
W. W.
SUGAR BOYCOTT
Actual Shortage of
Workers Felt in 23
States in the Union
NOmORS
ED
CASE IS ABANDONED,' 1
. STRIKING SHOPMEN
CHICAGO, May 1. Leiulura of tint
stt'lRfl or rallroud Rhopinon -toiluy
abandoned their caso In rtornnno
flralnt the fuctoral Injunction ob
taWfT by' Attorney Gcnerul Jtaiigh
frly hint September.
Tmv announced that their princi
pal tontontlona In the cubg bad been
upheld by the fnitcO .States miprcme
court In tlio case of the I'eniiHylvuntu
rullwiij' iigutnat the labor hoard. In
which the court held it was not cum
pulsory to abide by labor board's de
cisions, although holding there wan
h moral constraint to do so.
SKELETON OF BOY, ;
SAID KILLED IN A
CLASS RUSH, FOUND
j, .
CHK'Atto; t Muy . 1 l.eltfhlo.i
Mount, Northwestern student, - iiiIsh-
injer since the, September fOZI. elans
rush, whose skeleton was found on
Kvairston !ake front last night, was
killed In the class rush and burled
honca t h heavy stones, ( 'hlef of I o-
Heo JJggett of Kvnnston declared
today.
He fit ll that It was likely that
Mount wu accidentally killed ami
thai his body hud then been hidden J
by frightened, students.
GIVEN PRIORITY
(IJy Assoeluted Press)
TAUTM, May 1. The I'nited States
Is uccoMleil preferential treat nu-nt In
tlio reimbursement of Iter reparation
army costs under an uirrceiucnt
reucliet! - ?y tho allied dclcKutcs at
Monday's conl'oreneo here, ulld if the
remaining point, concerning Ameri
ca's leifnl position towai-tl Clermauy
can he Hullsfactorily Nettled, a com
pioto agreement will he rencliod at
tho next meeting. . . ,
Kxnetly what this 1cbu1 point Is hus
not been stated but Mr. Wudsworlli,
the American rcpi-OHcntallve, . has
adopted u firm stand on it und the
ilclcirutcH of the allies nre taking up
tho question with their governments
with the" reasonable expectation . that
an agreement will be reached.
Mr. Waiisworth's insistence on pri
ority for -tile American claim which
has" ijeen ithe.-chief obstacle tc a
settlement, finally won, und u com
promise entirely,, salisraelory to tlie
t.'ntted Ktntes was .reached Monday.
, This will fdvo American reimburse
ment.. partial priority over tlie allies
In the distribution of the (tcrmun
reput-ation fund lo eovor ilie costs ot
the armies or occupation.
All the delegates are agreed that
miieh progress was made .Monday and
unless the allied governments take
un 'unfuvornlllo view of the remain
ing legal point the delegates honu
speedily to eouelude tho negotiations,
possibly with another session.
wiii-wvr groT.viio.VK.
I'DHTI.ANI). Muy 1. Hard White
C J Western lied, $1,211.
Secretary Hoover Says that
women Urrjanizing Boy
cotts "On Eight Track;"
Harding Thinks Likewise.
(By Associated Press)
WASHINGTON, Mav 1-iAmerlcan
women orgniiizinii: Uoycotta nirainst
tlie uso of sttirar uro "on the riirht
track" suid Secretary Hoover today.
'The wav to control tlie nriees of
joou commodities, is to bruit? about
spontaneous control of consumption
ho concluded.
President HurdiiiK ' also endorsed
tne sugar boycott.
NEW YOHK, May 1 Mrs. Louiso
need weizmillcr, deputy commist-'ion
cr of public markets, started the
neclcus of a proposed army of 8000
women out Monday, in a drive de
signed tp hammer sugar Prices back
to 7 cents a pound, which she de
clared a'fair price.
(lly Associated Press.)
V APNIIMi TOI, May . It u-iu,
added, however, that the president
does not beilevu It Is the business ui
tile government to commend boy
cotts of any kind. His views are to
be set forth in a telegrnni lo some of
those who have urged him to upiieal
for reduced sugar consumption.
Closed Cars Form 71 Per
Cent, of Franklin Output
- "Closed enrs formed 71 pep cent of
our shipments durinK the first quar
ter," states S. E. Ackorman. sales
manager of tho Franklin Automobile
Company. "The wide-spread use of
Franklin closed cars dating back to
1918, is one - of the outstanding suc
cesses of the industry. In 1321 over
half of out output consisted of closed
cars, while lust year tho percentage
bad increased to l8 per cont; so far
as we can learn, no .other manufac
turer is turning out mch a largo per
centage as is Franklin.'
'The Franklin line at nrcsent con
sists of six types and five of this
number are of the closed variety.
The sedan continues to be our big
gest seller, as it has been in the
past."
TENNIS CLUIIS OlIHANIZEl)
(By Associated Press)
I.EWIS'IOWN, Mont., May 1. Ten
nis clubs of 27 -Montana cities have
been invited by Paul 10. Meyer of
this' city to organize a permanent
state tennis association, which will
Provide cups for annual tournunient
winners.
May Day Is Sentimental
Summer Opening;; Warm
. Weather Style Now Worn
May' Hay, which Is today,
originated In England many cen
turies ugo. when the'- fuhnbltanls
of Urlton observed, the duy us
ono or revelry, tho chief event
being the crowning of a Sluj)
nneen und the wrapping of u
Maypole.
Although, the ancient custom
Is still In use In n-unt- places all
over thu world. In general Aluy
l'uy is now considered us tlio
sentimental opening or tho sum.
nior seuson tho word summer
' used In general und not apply
ing to the three months that
strictly form tho season.
.Muy Day horulds In tho new
spring sartorial effects, both In
tho nutlo und female sex. Tho
man buys himself a straw hat
and dons his pulm beach suit,
and I lie woman has absolutely
no four thereafter or crcutlng
, liny unwarranted notice by
pouring In public in nlho light,
est and flimsiest of summer up.
purel.
.May Buy opons tho trlud sett
son of tho year. '
Unemployments
Exists in 4
UNION TO GET
CELEBRATION
Next Armistice Day Ob
servance to Be at Union,
Is .Decision of the Legion
County Council.-
.Meeting in their regular monthly
session, tho American Legion Conn
ell or I nlon county, with delegates
rroin rnlnn, North I'owdor. Ulglu.
Cove and 1 41 (Iraiule legion uosts.
decided that the noxl Armlstleo day
celebration would, be eld at Unlo
auoiii --iz - represetituitves wero
prosent from l,a- Urandu. with cor
respondingly large delegations from
tlie oilier posts. A delicious dinner
was served In. the. grill at the Union!
hotol and following lho dinner luellii.
oils of Increasing membership wait,
discussed. A very Interesting 'uilfc
this subject wits given by Kred
Klddlo.- .- , '-
The next meeting of the round!
will he held at Jmbler. Monday.
July 311. -. , . .
Statistics on United States'
Labor Situation Are '
Given. '
WORKERS SHORTAGE
SMALL L OREGON
Lumbering and Agricultur
al Industries Feel Need In
' Inland Empire. ' .
TWO KILLED IN
MAY DAY CLASH
THE GUIDING SPIRIT;
illy Associated 1'l-ess)
IIOMM, Aluy 1. Two cummunists
wero killed und several wounded In
11 conflict with the national militia
at Mllun today when a, bund or coni
llllinlHls utlempted lo prevent rail
way men rrom working.
For the rirst time In nourly-Bii
years business proceeded In' Jtome us
per usnul on May day.
(Continued on race Four)
TKAMI- III US HOI MO.
(lly Associated I'ress.)
OliTI.ANIi. May 1. The polio
tod) cbiirgt-d a tramp. Kceklnir re-
-nge, with firing a lodging house hud
tnichl. causing thre or the fifteen oc-
Kain tonight and ,-upums to be burned or Injured In
fleeing from the fire. It Is said, that
a hobo to whom Mrs. 1 Hayes, bind
I lady, refused food last Friduy. made
Ithrcuts. Fin-men found three sepal -
ale fires burning In the house. Kero
sene was ua
used In one I'iw.; .
.may day ci:iii:mtAn:i
(lly. Associated I'ress)
LONDON. May t. A unlet .luy
day was celebrated here. Fails und
llerlln' were reported us quietly cele
brating 111 (i seml-hollduy.
(By Associated Press)
An actual shortage of workers In
some class of lubor, Including farm
helj, exists in 23 states of tho Union,
while in 21 other uintcu h ,,.
ploymcnt, so prevalent in 1920-21.
has been completely absorbed and in
only four stutes does jreneral unem
ployment exist, according to figures,'
Statistics and rnnnrts n-uthnrAil frnm
labor leaders, industrial commissions
and state and federal employment
agencies from all bf the 48 states
of this country.
Increases in . wages are noted in
so many states and in so many dif
ferent trades and occupations that -they
point to a general trend in
that direction. . These include an -11
per cent increase to 200,000 jacking
house employes; a 15 per cent in
crease to carpenters; a 12J cents an
hour increase to common laborers
and. a general .increase among steel
workers, all in Chicago, and a 121
per cent increase to 200,000 packing
in the woolen and cotton mills of
New England. The rennrts also show
a general increase In wages in -Mich
igan ana an increuse to the building-
.relies, metal ana machinery workers
n New England. Increase in wages
f ranch hands in the northwest:
carpenters in Kentucky, farm labor
In Iowa and Minnesota;- bricklayers
and plasterers in Montana and plas-
I'onil.AMi is iioMiii;i.
I'OltTI.AXII. .Muy I. The people
here this afternoon wero wondering
whether they wero theoretically dead
or alive following un air raid by five
uirpluncs dropping bombs made of
Hour In tissue paper sucks and flow
ers furnished by Uosurluns. Tin
military contingents resisted the mim
ic, uttuek. which continued about 11
lull f hour nt noon. -
, (Continued on Vago Eight) -
FOODSTUFFS HELD i '
. DETERIORATING TO : '
HUMANITY'S TEETH
I -' '-. - . ... ', .S'
EUGENE, May 1. Remarkablo
preservation of teeth in' one of. the
skulls recently taken from the Al
bany, Oregon, mounds by University
of Oregon geologists has led Dr. EU
win T. Hodge, professor of geology,
to express his belief that the nbor
Ignes interred in the cemetery of the
undents on the banks of the Snntian
river were not caters of warm food
stuffs. The molars in the jawbone
examined by Dr. Hodge, who has re
cently made a detailed study of tho
ancient men of Oregon, nre worn
very low, indicating thut the re
mains are those of an aged human.
but no traces of decay are visiblo. .
i)r. Hotlgo has the opinion of den
tal experts to tho effect that hot
foodstuffs hus a - deteriorating reac
tion on the teeth of man. According
to the geologist, it is a well-known
fact that Indians found in America
by eai'ly exploers hud teeth remark- '
ably preserved. It is probable, -be
lieves Dr. Hodge, that the aborumcs
of the Albany mounds used fire in
tho nrcnaj-ation of food, but since all
Ihn ,..,t;,.,. ...... .Inn- l it...
the roughly prepared food cooled utl
before being eaten, : . . i J ; "
Close examination of the teeth In
the Albany skulls reveals thut the
enumel edges am not jagged;, a fact,
in tho opinion of Dr. Hodge, which
indicated that the early man of Ore
gon was careful to exclude gritty ma
terial from his dinner-dish.
THE MARKET 1
(By Associated Press) , .
PORTLAND, May 1. Livestock
steady; eggs nnd butter firm.
Old Oregon Trail Pageant
Date Set for July 4th;
TownofMeachamisSite
July 4th-Anierica's Natal Day-iSlfor tho Indiun Potluch tho staging
the day of tho celebration on top ofUof western drama, and the formation
the IJlue mountuins. of the pageant.
The Old Oregon Trail pageant will l It has steep hills which will . be
lie tho chief feature of that eclebm- ftxmc natural amphitheatres for .the
tion. ficcasion, capablo of accomodating
Jiu.uuu persons to view the pageant
bus it winds its wav through tlm rm.
i-v?"s ,t'l,ify'"l? the covered' wagon
Viof early days,
A 1 Committees ntt ttnhliritu .m..nM
and entertainment wero ordered to'
pull open the throttle luut ..,..,!..
and get busy. The bier work ,f
staging a drama thut will go down
in American history as one of the
most remarkable . reproductions of
pioneer life, is now on.
On their retui-a to Lu Grande last
evening A. .V. Nelson nnd W. E. -Mcacham,
W. V. Calder, I. B. Bowen
Jr.. of .Poker and H. C. Caldwell of
Union, were delighted with the day's
work of the committee and remarked.
"She's off with a good iftflrt mnari.
!inn thaf kn T :i ft.
dred acres of pntura land suitable 'celebration U tioiy ! . taking Slli9 ' U
The town of Mearham on the 0.
W. railroad is the location and the
country for several miles around
under lease for the occasion.
Briefly stated thut is the work
which the executive committee of the
Old Oregon Trail association per
formed yesterday when the commit
tee members from Ilakcr, Union and
Iji Crnnde met the members from
Pendleton and spent the day looking
over different sites for the celebra
tion. It wns found Mencham was the
ideal locution. Not only is it on the
intlroad with pienty of sidetracks
which will permit parking of sneclnl
trains, but it is supplied abundantly
wun pure -water, nan several hun-
H
- 4
sjj it f
'xi ('