TITE MORNING OREGONIAN, TUESDAY. JANUARY 9, 1917. 7 RIGHT TO REGULATE WAGES IS DEFENDED Supreme Cturt Intimates It Is Skeptical on Point as Made by Government. DEEP INTEREST IS EVINCED 1853. died here today at her residence. t was the fourth dead in the Powers family within a year. Her husband. Will.'am Powers, died on February 17, 1916; a son Frar t, a Portland druggist, and Fred Powers, grandson, died in Portland in Jan uary, 1916. Mrs. Powers' maiden name was Mary A. Hogue. She came to Oregon with her parents in 1853, locating on donation land claim at Shedd. The following year she was married to William Powers, and resided at Shedd until 15 years ago, when they moved to Albany. The death of Mrs. Powers causes a break in a six-generation chain. An aunt of Mrs. Powers, Mrs. Jane Hogue, still lives. Besides the aunt Mrs. Powers is survived by three children, four grandchildren, 10 great-grandchil dren and two great-great-grandchildren. The children are -S. B. Powers, ol Shedd: Guy Powers, of Oakland, Cal., and Mrs. Henry Springer, of Albany. Both Mr. and Mrs. Powers assisted in the organization of the first state Chief Justice White Says He Is Tri able to Follow Logic That Kate and Wage Control Are Parallel Instances. WASHINGTON. Jan. 8. The test Case to determine the constitutionality of the Adamson law. enacted last Sep tember, when a general railroad strike threatened, came up in the Supreme Court today. Argument will continue until Wednesday and a decision is ex pected within a few weeks. The question whether Congress has power to regulate hours of service and wages furnished the keynote of the arguments today, in which the Justices manifested keen Interest, interrupting with many Questions. In opening the defense of the law for the Department of Justice, Solicitor General Davis declared it regulates both hours of service and wages, and contended Congress has authority to regulate both. He asked annullment of the decision of Circuit .Judge Hook at Kansas City, in the test case of the Missouri. Oklahoma & Gulf Railroad, holding the law void. Time for Argument Extended. Although three hours 13 the usual time alotted for argument cf a case the court granted an extension today to eight hours, equally divided between the Federal and railroad counsel. Walker D. Hlnes. chairman of the rail roads' general committee of counsel, and John G. Johnson, of Philadelphia, will speak for the carriers tomorrow, Solicitor-General Davis told the court Jt "reached the heights of imagination' to say that the primary object of Con press in passing the law was not to limit the hours of toil. He asserted that Elisha Lee. the railroads' spokes man throughout the strike controversy. often had admitted the law is work able, now denied by the railroads. When Mr. Davis cited Congress' dis turbance of railroad contracts in pass lng the Federal employers' liability act. Justice Day asKed: "Do you claim the same power In fix ing wages as in fixing rates?" "We do," Mr. Davis replied. "I can't follow that argument." inter Jected Chief Justice White. "The sub ject is regulating hours of service The Government has regulated commerce for ages, so to speak. It was held, in the case of the employers' liability act. that that regulation was valid. That was no decision that the Government has the power to regulate wages." "That is what we contend for," re Joined Mr. Davis. "That's the logic I can't follow," re sponded the Chief Justice. The Solicitor-General argued then that if Congress can regulate the rela tion of master and servant of railroads and employes, it also can regulate wages. i "That is the most vital of all." he continued. "If employes are underpaid and discontented, safety of commerce in charge of employes is affected. Also, wages have a direct relation to rates, investment and expense of service. Power of Congress Argued. "Tour proposition goes further than that, the Chief Justice interposed, cit ins as an example freight shipped by a grocer. "Do you intend to say that wages of all persons making the goods are subject to regulation : "No: we don't go that far." said Mr. Davis, and pointed out that Congress has the power to reduce railroad rates to prevent extortion. rias congress tne power to pre scribe what railroads shall pay for various things locomotives, land. etc.?" asked Justice McReynolds. "I am not so sure that Congress hasn t that power, Mr. Davis replied. "All authority is dependent upon its reasonable and not arbitrary use." Justice Day suggested that Congress' power is limited by constitutional pro- 1 hibition against confiscation. "Congress' power to regulate issue cf railroad stocks and bonds," Mr. Davis continued, "and to say what price rail roads shall pay for credit is being ad vanced in and outside of Congress." He added that under the decision in the Debs case Congress has authority to prevent railroad strikes and .obstruc tion of interstate commerce. He denied that penalties provided by the Adamson law are excessive and up held as reasonable the statute's exemp tion of short-line and interurban elec tric railroads. The contention 'that the law Is un workable, Mr. Davis said, was "a mani- f est after-thought Induced by the ne cessities of this case." To the charge that the law is experimental, he said public clamor would have followed had Congress attempted to tlx an arbitrary eight-hour day scale in perpetuity without possibility of change under fu ture changed conditions. "It may be Congress did not please the railroads, the employes or the pub lic," he concluded, "but the body that made the law should amend it and the Judiciary must not usurp that func tion. FU'ERAL WILL BE HELD TO DAY FOR COMMERCIAL TRAVELER. i i 4 : A. II. Slnsbelmer. The funeral of Alex H. Sln sheimer, for many years a travel ing salesman for Mason, Ehrman & Co., will be held this afternoon from the Finley undertaking es tablishment. The obituary ad dress will be delivered by D. Solis Cohen and the Elks will have charge of the ceremonies. The body will be cremated. Mr. Sinsheimer died Saturday at the home of his sister, Mrs. J. Fields, 1015 Clackamas street, aged 49. He was one of the best known commercial men in the Northwest. He was a member of the United Commercial Travelers' Association. Besides his sister, Mr. Sin sheimer is survived by two broth ers, Adolph and Ben Sinsheimer, of this city. grange and also made display at the first State Fair. Mrs. Powers was member of the Congregational Church, and also belonged to the Eastern Star, of Shedd. A steering wheel, adjustable to sev eral positions, has been invented to replace the handlebars of a bicycle or motorcycle. MIGRATION MOLLIFIES BILL JAPAN Conferees Agree on Form Exclusion Meeting Objec tions of Tokio. of LITERACY TEST RETAINED persons who can prove that they are ileeing from religious persecution. Italy at one time made some sugges tion about the effect of the literacy test on her citizens, . but offered no formal protest, and the State Depart ment did not insist on any change. The geographical zone from which no Immigrants would be admitted In cludes India, Indo-China. Afghanistan, Turkestan, Borneo, Sumatra, New Guinea and Celebes. Aliens Barred According to Geo graphical Iilnes Friends of Measure Say It Will Be Passed Over Veto. WASHINGTON. Jan. 8. Freed of lan guage objected to by the State Depart ment because It was offensive to Japan, the long - discussed Immigration bill was agreed upon today by a conference committe'e of the two houses, and the Senate promptly adopted the conference report by a vote of 56 to 10. J.ne House Is expected to act favorably Thursday and send the bill to the President. As originally passed the bill con tained a provision designed to exclude Japanese In the event of abrogation of the so-called gentlemen's agreement, under which Japan for 10 years has prevented her laborers from coming to the United States and so expressed as to make it clear what agreement was referred to. The Japanese em bassy called the attention of the State Department to the fact that its gov ernment had rigidly observed its agreement and let it be known that the proposed provision was offensive. The Senate changed the language, but failed to meet objections urged by the State Department. , Japan's Keellncs Saved. A substitute finally Inserted by the conferees after consulting officials, of ine department says: "No alien now in any way excluded or prevented from entering the United States shall be admitted to the United States." This sentence, sufficiently direct to satisfy Pacific Coast legislators, who Insisted upon some such provision. Is regarded as broad enough to safeguard against objection from any foreign government. It is added to the section designed to effect exclusion of Hindus and other Asiatics by prescribing geographical area from which Immi grants shall not be admitted. The literacy test provision, on ac count of which similar bills have been vetoed by Presidents Cleveland, Taft and Wilson, remains Intact, in spite of the fact that President Wilson has let it be known that it will be the cause of another veto. Passage Over Veto Expected. Friends of the bill asserted tonight that they would be able to muster .enough votes in both houses to pass it y over a veto. The literacy test provision oars, wun certain exceptions, all aliens over 16 years old. physically capable of read ing. who cannot read -some language or dialect. Those exempted include ECLIPSE SEEN AT COOS BAY Indians at Toledo Look for Mani festation of Providence. MARSHFTELD, Or.. Jan. 8 (Spe cial.) All of Coos Bay. so far as was Interested in viewing the total eclipse of the moon, saw a beautiful eight after midnight. The sky was clear as a bell and the phenomenon was partially visible for two hours while Luna's face was ob scured and again came into vision. TOLEDO, Or., Jan. 8. (Special.) Those who watched the eclipse of the moon had good weather for the view. Several Indians, on their way to the Federal court in Portland, were in To ledo over night to catch the early morn ing train. According to their legends. God has some work to do on the earth when he darkens the moon, and each wonders for himself If the work of the Great Spirit bodes good or ilL RADICAL MILITARY PLAN IS PROPOSED Marine Major Would Abolish Enlistments and Put End to Caste in Army SENATORS HEAR VIEWS FARM AGENTS IN SESSION Methods of Obtaining Co-operation With Farmers Discussed. OREGON AGRICULTURAL COLLEGE. Cor vail is. Jan. 8. (Special.) County agricultural agents of the state, who were in conference at the Oregon Ag ricultural College last week, will con tinue their sessions throughout this week. A thorough study will be made of methods for developing greater co-op eration between the various agents and the farmers with whom they work. The speakers before the gathering this morning were Professor R. D. Hetzei, director of the extension service, and Paul V. Maris, state leader of county agriculturists. Professor Hetzei spoke of the relation between the United States Department of Agriculture of ficials, the extension service of the college, the county agricultural agent and the farmers of the state, and urged co-operation. VAUDEVILLE'S QUICK CHANGES AMAZE PRETTY ORPHEUM STAR Miss Phyllis Neilson-Terry Does Not Spend Her Leisure Buried in Books, but Devotes Herself to Embroidery Work. 1 LINN PIONEER WOMAN DIES Mrs. Mary A. Powers, of Albany, Succumbs at Age of 7 9. ALBANY. Or.. Jan. 8. (Special.) Mrs. Mary A. Powers. 79. a pioneer of P V VS. WOMEN! nTUrnoi DAUGHTER . Tou who tire, easily; are pale. hag. Bard and worn; nervous or irritable; who are sub ject to tits of melancholy or ' the "blues, get your blood examined for iron deficiency. ntrxATiss IB, ON taken three times ta. y after n.- . ... . . inrsuis win increase your strengrj, r-rcwrance zoo per cent in "fX:jn many cases. Ferdins Or. KSac.- funded. "ftfs lets to UXSn-- f- .aye fOjjieeks" rKing. Hi uxateo mow be obtained from 0Uarant of usually prwr: tnrr"""ta- above hr ood druaaiat r nonnr ra- rlvo-crain tab yIW mtali. BY LEONE CASS BAER. IT'S next to impossible to think of Phyllis Neilson-Terry and eyelet embroidery in the same brain cell, let alone embalm the thought in cold, cruel type. I expected to be ushered into a Presence with its classical nose buried in a tome, or maybe several tomes, of Shakespeare, or at least to have fragments of that famous and w. k. bard's best lines hurled, into the general conversation. Instead, this fair and beauteous daughter of a line of Terrys. and her self the toast of England as its young est and most brilliant actress, had the aforementioned classical nose buried bver an embroidery hoop. and the love ly fingers that have been kissed or clasped by a thousand earls and dukes and whatnots of nobility were wiggling a needle through and through and over and. up and back and through ad' infinitum. Lancbclotli Under Way. I thnk she said it was a lunchcloth. Or will be one. Even I, who can't tell machine-made from hand-made, was duly impressed and marveled when this fairest of Juliets opened a cjiest and displayed various fine linens she had tattooed with French knots and jiggers. "1 do it on a dare, asserted Miss Neilson-Terry. "That's the way I go into anything excepting my work. Someone dares me, and I take up the gauntlet. I'd build a house, or attempt writing a book if someone dared." "Does your penchant for the needle carry you into sock darning " 1 queried. "It does not. nor sewing on buttons, either' she asserted. "My bump of domesticity goes no further than col lecting antiques and odd bits of curios for the home I expect some day to ave in England." You must know that no home is really complete without a husband in it. sort of to give things a look of respectability if nothing more, and Phyllis Neilson-Terry already has the husband. She married him September 18 in New Orleans and didn't nave to stop and think of the date. All brides are more or less that way. Some of them less. Husband Is Play Producer. The husband of Miss Neilson-Terry is Cecil King, and he's an Englishman, and a producer of plays, and in the headline act at the Orpheum he ap pears as the Friar in the first scene of "Romeo and Juliet," with his wife as Juliet. Miss Neilson-Terry takes her name from both her parents, being the daughter of the famous beauty, Julia Neilson, one of England s best known actresses, and Fred Terry, himself splendid actor, and the brother of the wonderfully gifted Ellen Terry. The latter, by the way., has practi cally retired, and only occasionally ap pears at benefit matinees for the Eng lish war funds. Vaudeville Audiences Wonderful. "Vaudeville, audiences are wonderful institutions to me.'V opines Miss Neil son-Terry. "I have to create my own atmosphere quickly in an act crammed in between trick dogs and a juggler, say. The audience has to jump as quickly from laughter to tears. It gets no more help than I do. We each must be sufficient unto ourselves. "And whatever I do I'm not appeal ing to a Shakespeare audience I'm ap pealing to a vaudeville audience. Too. I always remember that for the 60 per cent out front who want Shakespeare. tnere s always tne 40 per cent who are bored stiff. It s a tremendous tribute if the 0 per cent keep still. If they EUGENE CLASSES RESUME Students Start Work on Final Lap of First Semester. UNIVERSITY OF OREGON. Eugene. Jan. 8. (Special.) Classes were re sumed this morning at 8 o'clock after vacation for more than two weeks. and the students commenced the final lap of the first semester, which will be concluded on February 1. The democratic spirit was much in evidence as students stopped to and from classes, shaking hands with each other and re lating a few of their experiences dur ing the holidays. Many little surprises were given the various classes when the professors spent a few minutes making announce ments and outlining the work for the next three weeks. Examinations will be held from January 29 tUl Thursday. February 1, after which an increased enrollment of 200 students is ex pected. BRIDGE LASTS 26 YEARS Salem Span to Close on -'Birthday.' Railway Structure Wanted. SALEM. Or.. Jan. 8. (Special.) At a joint meeting of the Polk and Marion County Courts held here today decision was reached to close the inter-county bridge spanning the Willamette River at this point and the order will become effective Thursday. 26 years to a day from the day that the bridge was for mally opened for traffic. A conference will be held tomorrow with Southern Pacific officials in an endeavor to secure the sanction of the railroad company to plank the railroad bridge here and open it to pedestrian traffic, while a ferry was discussed it was considered by some as imprac ticable, as it would cost about $1500 i month to operate. OFFICERS ON 19TH YEAR Clackamas Humane Society Elects at Annual Meeting. OREGON CITY. Or., Jan. 8 ("Spe cial.) The annual meeting of the Clackamas County Humane Society was held on Saturday night at the home of Mr. and Mrs. E. G. Caufleld. at which time the election of officers took place. Miss Anita McCarver. who has been president of the society for the past 1,8 years, and George A. Harding, vice president for the same period, were re elected. E. G. Caufield was re-elected treasurer, and Mrs. E. G. Caufield re elected secretary. The directors for three years are Miss McCarver, Mr. and Mrs. E. G. Caufield. General Staff Captain lias Different Scheme for Forming 36 Train ing Divisions; Doctors Urge Universal Service. WASHINGTON. Jan. 8. Widely di vergent views as to the proper military policy for the United States were laid before the Senate sub-committee on universal service today by Captain ueorge V. H. Mosely, of the general staff of the Army, and Major William Lr. Hariee, of the Marine Corps. The awso near a urgent recom mendations that universal military training be enacted from a score of surgeons and physicians representing the important medical associations of tne country. .Major narlee dlsapproaved of sll universal service proposals and bust gested a plan of his own, one of the jnosx. raaicai changes in policy yet piuhubcu. no asserted that as a re pruning oincer n had learned the "military caste, the most orthodox caste in the country." and the fixed ohn ca tions of the enlistment oath were the factors that deterred men from enter ing the Army. "The oath of enlistment is an oath of bondage," he said. "It brands the man who takes it as of a lower caste. i am opposed to any service except inai renaerea ty willing men. Men to Leara at Will. The Major proposed that no enlist ments be required, anrt that th men trained annually be permitted to leave the service at will. To make it a serious matter for them to quit, he suggested that a minimum monthly pay or jo be provided, and all but small sum be held back until the training period had been completed. "You could exhaust the possibilities of useful training in a month." Major Harlee declared. "After that it would be merely teaching them to salute and do routine drills that are unneces sary. The thing that makes discipline is interest in the work, to be dona The caste disappears in pur own regu lar Army wnen It gets busy. Caste is fostered by the Idle barracks life. Major Harlee pictured a training Army equipped only with the meager- est necessities for professional educa tion, using all Its work in the open air, thus avoiding the expense of quarters and camps, and the officers of which would be selected by those who had come up from the ranks them selves in successive years of training. He agreed to draft a tentative bill to show the detail of his plan. Captain Mosely's Plsn Differs. tapiain -Moseiy explained the pur poses of his bill, already before the committee, to provide for the training annually of a million boys 19 years old He said 3b training divisions, prop erly distributed through the country should be created as perminent "train lng factories. In caso of war each of these would constitute an Army di vision, with the regiments raised to war strength by summoning back to the colors the last two classes grad uated. Dr. Lueicn Howe, of Buffalo, presi dent of the American Medical Assocla tion, heading the delegation of med ical men, told the committee that mil ltary training would go far toward correcting the alarming increase in physical defectives in the United States, which is now physically a sub standard nation with the highest mid dle-age death rate in the world, due to preventable ailments. Dr. Hugh H. Young, of Baltimore. said medical opinion agreed that a preliminary physical surv'ey should be made of all boys during their" twelfth year as a part of the National defense programme, in order to correct minor complaints which would have serious results if allowed to develop. He said the doctors were regarding the ques tion from a purely medical standpoint. and were not attempting to discuss military problems. Why Should YOU Have "Acid-Mouth"? Probably you have, unless you use Pebeco. It is ' thought that nine out of ten persons face loss of teeth through "Acid Mouth." This evil gradu ally weakens the enamel. It makes decay easy. 10) TOOTH ISTE is scientifically prepared, to offset "Acid-Mouth," and since you can get Pebeco at any druggist's, why should you let "Acid Mouth1 ' work, havoc with your teeth ? J ITALY HAS PROBLEM Vatican Official's Agent Impli cated in Naval Ports. Benedict's private chamberlain. Mon signor Gerbich Is an Austrian and, ac cording to information here, was once a cavalry officer who became a priest and won the favor of the present Pope when the latter was a cardinal. He was the bearer of the red hat from the Fope to the three French cardinals who were appointed at the December con-alstorv. TWO WARSHIPS BLOWN UP l Miss Phyllis tIson-Terr.'. Or 4 pbrum Star, Who Adores f Vaudeville Audiences. are restless It brings me back to my audience, of whom I am only half con scious, and then I become antag onistic." Miss Neilson-Terry is lovable, human and gorgeously good, looking, pink of skin, gold of hair, and her eyes are the Terry eyes, turquoise blue and set a bit deep. She is 6 feet 8 hi inches tall and is only 24. When she autographed a gorgeous picture she gave me, her sense of humor prompted her to say, "Some day I'll be sorry I put on the date." And my sense of humor prompt ed me to say that on that selfsame someday I. too, would have just as much and more reason to be sorry she dated it. Asylum Attendant Has Measles. SALEM. Or.. Jan. 8. (Special.) Herman Dailey. an attendant at the Oregon State Hospital, today was dis covered to be suffering from measles. Superintendent Steiner said the at tendant has been quarantined and he apprehends no general epidemic at tn institution. Battleship Explosions Lead to Ar rest of 4 0 Persons Disposition of Prisoners Now Beeomca Political Matter. ROME, via Paris. Jan. -S. More than 40 persons now are imprisoned as a re sult of the investigations Into the de struction in September. 1915. and Aug ust. 1916, respectively, of the Italian battleships Benedetto Brin and Leonar do Davincl. The latter was blown up in Tarento Harbor and 248 men per ished. Lieutenant-General Count Cadorna, chief of staff, came to Rome on Thurs day to attend a meeting of the Cabinet which was held for the purpose of de ciding on disposition of the prisoners, but the question has become a political one from the introduction into the case of the name of one of the officials of the Vatican. An Italian named Ambrogetti, who was among those charged with being implicated in the destruction of the warships, asserts he is the financial agent of MonRlrriftp OArlach. Pope QUIT MEAT WHEN KIDNEYS BOTHER Take a Glass of Salts if Your Back Hurts or Bladder Troubles You. Funeral of Mrs. Sutton Held. The funeral of Mrs. Sophia Sutton was held yesterday at Finley's Chapel, Rev. W. A. M. Breck officiating. Pall bearers were: Ned Ryan, V. K. Strode. Captain J--Zumwalt and T. L. Wood ward. Interment was at Riverview Cemetery. J. Fromoog Retired Farmer, Dies. OREGON CITY, Or.. Jan. 8 (Spe cial.) John Fromong. a retired farmer, died at the home of his son, Andrew Fromong, - at Willamette, today, from asthma. Mr. Fromong was born in Illi nois April 15. 1843, and was 73 years of age Bad Cold Quickly Broken Up "I first used Chamberlain's Cough Remedy about eight years ago when I had a hard cold, and coughed most of the time. It broke up my cold, and in a few days my cough had entirely disappeared." Mrs. Martha Wilcox, Gowanda, N. Y. The Double Daily Service Route East Chicago $72.50 .Louis $70.0 St Direct Routes. Liberal Stopovers Fares Apply From , PORTLAND AND ALL POINTS ON THE NORTH BANK ROAD, AND CENTRAL ORE GON POINTS, ON THE OREGON TRUNK RY. ONE WAY THROUGH CALIFORNIA: CHICAGO, $90 ST. LOUIS, 87.50 Corresponding Low Fares From Oregon Electric Ry. Points Ticket Sale Return Limit Jan. 20 and 21 February 18 Plan now to , go. Make reservations early. NORTH BANK ROAD TICKET OFFICE Fifth and Stark Phones Bdwy. 920, A 6671 No man or woman who eats meat regularly can make a mistake by flush ing the kidneys occasionally, says a well-known authority. Meat forms uric acid, which excites the kidneys, they become overworked from the strain, get Blugglsh and fail to filter the waste and poisons from the blood, then we get sick. Nearly all rheumatism, head aches, liver trouble, nervousness, diz ziness, sleeplessness and urinary disor ders come from sluggish .vldneys. The'moment you feel a dull ache in the kidneys or your back hurts or if the urine is cloudy, offensive, full of sediment. irregular passage or at tended by a sensation of scalding, stop eating meat -nd get abiut four ounces of Jad Salts from any pharmacy; take a tablespoonf ol in a glass of water ''be fore breakfast and in a few days your kidneys will act fine. This famous salts is made-from the acid of grapes and lemon Juice, combined with llthia. and , has been used for generations to flush and stimulate the kidneys, also to neu tralize the acids In urine so it no longer causes irritation, thus enllng bladder weakness. Jad Salts is inexpensive and cannot Injure; makes a delightful effervescent lithla-water drink, which everyone should take now and then to keep the Kidneys clean ana active and tne blood pure, thereby avoiding serious kidney compl lea tlons. Adv. THAT JAR OF MUSTERQLE OH THE BATH-ROOM SHELF Has Relieved Pain for Every One in tne ramuy Tl Cii.'a tiA "aim vrrin Johnny got his f cct wet and caught cold ; knee : when wviji - - , - granny's rheumatism ootnered her That jar ot lusteroic was iik"- icic to give relief and comfort. Musterole is a dean, white ointment, made with oil of mustard- It will not blister like a mustard, piaster. tonstlitis, stiff neck, asthma, neuralgia, headache, congestion, pleurisy, rneuma tism, lumbago, pains and aches of the back or joints, sprains, sore muscWs, . ... . f . , r . , j bruises, chilblains, xrostea icct, coias on the chest (it often prevents pneumonia). Try Musterole for ctoudy children. Heals Skin Diseases It is unnecessary for you to suffer with eczema, blotches, ringworm, rashes and similar skin troubles. A little remo, obtained at any drug store for 25c, or $1.00 for extra larjte bottle, and promptly applied will usually give instant relief from itching torture. It cleanses and soothes the skin and heals quickly and effectively most skin diseases. Zemo is a wonderful, penetrating, dis appearing liquid and is soothing to the most delicate skin. It is not greasy, it easily applied and costs little. Get it todav and save all further distress. The 1 W;Roae CoCleveland,0.