4
VOL. LX- NO. '19,042
Entered at Portland Oreron
Postofflce as Refnnd-Olsss Matter
PORTLAND, OREGON, THURSDAY, DECEMBER 1, 1931
26 PAGES
PRICE FIVE CENTS
RUSSIAN FOOD FUND
TO BE ASKED HERE
V. S. LOAN CONSIDERED MOST
PROBABLE REQUEST.
REJECTS
BOLSHEVISM SPREADS
IN PORTUGUESE CITIES
7(1 DC CCTCn SANTIAM IS GORGED;
IU UL I L I LLI UrtTCD CTM I DICCC
RAILROADS' PLEA IN
FEDERAL COURT WINS
AGREE TO
FLOOD RESULT OP MELTIXG
MOUXTAIV SXOW.
TEMPORARY INJUNCTION IS
BOMBING OF AMERICAN CON
SULATE INCIDENT IN MOVE.
GRANTED IN RATE CASE.
Aft
M iM
JP
REPRIEVES GIVEN
CONDEMNED MEN
JAPAN Ai CHINA
PQRTLANDTODAY
AMERICAN RATIOS
Celebrated War Leader to
Appear in Parade.
H1LDREN TO GLIMPSE HERO
itizens to Tender Reception
,L at 9 This Morning.
ITY WILL PAY TRIBUTE
sneralisslmo of Allied Armies to
Go Over Highway and Address
Mass Meeting Tonight.
!n military parlance Portland is at
tentlon" today 'to receive Marshal
rdlnand Foch, generalissimo of the
led armies during the world war
the most popular commander or
allied forces, who Is making a
jr of the United States with Han-
rd MacNlder, national commander
, the American Legjon. The marshal
' as due to arrive in Portland late
st night, but was not to be -dis-I'bed.
He will be received with military
mors at the union station this
rning and the programme of the
y will include a trip over the Col
ihla river highway, a luncheon at
e of the highway chalets, a dinner
the Multnomah .hotel this evening
be followed by a mass meeting at
i armory. A feature of the mar
i'al's visit will be a review of thou
inds of school children,
I Koch to Appear in Parade.
i parade from the union station to
hotel this morning will give the
i
lie a chance to get a glimpse of
French marshal.
he French marshal will be met at
e station this morning at 9 o'clock
' a reception committee consisting
state, city and legion officials and
ominent citizens. There will also
a special guard of honor consisting
12 dlstlnguished-eervlce-cross men,
do will be included in the reception
'.rty, and a battalion of the 69th In
ntry of Vancouver and the 59th In
Dtry band. Captain Paul Hathaway
chairman of the committee in
.rge of this phase of the reception,
'he reception party will Include
Pernor Olcott, Mayor Baker, Henri
Labbe, French consular agent; Ad
lal H. T. Mayo, General Richard M.
Itchford, Colonel William H. Jor
i, H. B. Van Duzer, president of the
amber of Commerce; Adjutan t-Gen-1
White; G. Lane Goodell, state
immander of the American Legion;
. J. Elvers, state adjutant; T. H.
loyd, commander Portland post. No.
j; Dr. B. F. Pound; George Wilbur,
George A. Codding, Oliver Huston,
Fred E. Kiddle, Frank M. Moore, P.
ttherton, E. C. Hears, L. A. MUner,
Morris, W. S. McSwain. C. M.
stol and Earl R. Goodwin.
Guard of Honor Named.
he 12 distinguished service-cross
who will constitute the special
rd of honor for the marshal dur
hls stay in Portland will include:
ph E. Read, Hobert M. Bird. Henry
msey, E. J. McEntee, Nat R. Smith,
Karl Swenson, Francis M. Mason,
of Portland; Captain Ward Ackley
Sorvallis; A. C. Presley, Corvallts;
J. Chartter, Wheeler, and two men
;ioned at Vancouver, Wash., whose
ies were not learned by the com
tee yesterday.
aptaln Hathaway Issued a com
nicatlon last night requesting that
I men, comprising this guard of
or be on hand at the union sta
1 in uniform with overseas caps
l morning at 8:15.
Xter the men comprising the mill
y escort have given Marshal Foch
military salute, accorded One of
rank, at the union station the pa
s will form and the party will pro
1 south on Sixth street to Morri
J street, east on Morrison street to
irth street and then north on
Tth street to the Multnomah hotel,
ire the marshal will make his
quarters during his stay here.
' Children to Be' Reviewed.
r the trip out the highway the
,y will form at the hotel at 10:15.
ore starting the marshal will re
f the school children stationed at
following points in the city:
'est side schools, along Park
iks from Main to College streets;
jheast side schools, Grand avenue
I Hawthorne avenue to East Mor
n street; central east side schools,
nd avenue from East Morrison to
erett streets; northeast side schools,
nd avenue, Everett to Weidler
lets; west side Catholic parochial
sols. Fourth street between Market
Mill streets: east side Cathol'c
ids, Weidler street from Grand
tue east The children will be in
.ions about 10 o'clock to be ready
the review of the marshal.
hile out the highway the party
take lunch at some chalet in the
fbborhood of Crown Point. The
irn to the city Is expected to be
te by the middle of the afternoon,
r which the marshal will rest at
hotel until the banquet tonight.
,'he demand for tickets to the ban
It became so great that it was
)nd necessary to change the place
holding it fron .the Chamber of
nmerce dining room to the Area
"n gardens of the Multnomah hotel.
.(Concluded on l'age , Column
Traffic on Pacific Highway Near
Jefferson Again Halted Big
Lumber Mills Closed.
ALB ANT, Or., Nov. 30. (Special.)
For the second time in 10 days the
Santlam river reached the flood stage
today. It has been rising rapidly all
day and at Jefferson continued to rise
tonight, though more tlowly.
This flood is prac::cai:y confined
to the two branches of the Sar.tlam,
Other etreama In this part of the state
which were at flood stage ten daya
ago are not flooded now. though they
have risen eome. Considerable snow
fell in the mountains S.iu"ay and
Monday and when a -arm rala and
Chinook cam.e yesterday the water
came out !n a rush. The North San
tlam was reported '.olay to be almost
as high as it was in the former flood,
while the Scuth Santiam was not ao
high.
Early this morning a big stream
began running through a place cut
by the former flood across the Pa
cific highway about half a mile south
of Jefferson, and took out the tem
porary detour road constructed
around the site of the two bridges
washed out there ten days ago. This
has stopped traffic on the highway.
The railroad trestles which replaced
washouts on the Southern Pacific and
Oregon Electric lines are holding
against this flood.
Water pouring over a section of
the Woodburn-Natron branch of the
Southern Pacific near Crabtree
stopped traffic this afternoon on that
road. The bridge across the Breiten
bush river on the Albany-Detroit line,
which was weakened in the other
flood, was reported to have gone out
today. Water became so high in the
North Santiam that it was necessary
to close down the big mills of the
Hammond Lumber company at Mill
City.
WASrlOUT BLOCKS TRAINS
Union Pacific Main Line Roadbed
West of Kamela Undermined.
LA GRANDE, Or., Nov. 30. (Spe
cial.) About 300 feet of roadbed near
Huron, west of Kamela, Or., on the
Union Pacific main line, was washed
out early this morning and westbound
trains are being held here indefi
nitely while the arrival of eastbound
trains is reported as Indefinite.
According to announcement by the
local office of the Union Pacific the
track Itself was not washed away but
the roadbed was washed out from
under the rails and several feet of
water covers the track. While no
definite time of clearing the blockade
can be announced it is believed that
traffic will be restored by midnight.
Reports also have been received
from a number of other places be
tween here and Kamela to the effect
that the old Oregon trail Is blocked
in places because of slides during last
night's wind and rain storm.
TRAIN DUG OUT OF SNOW
Ice In Deschutes. Canyon Snaps
Bludes of Uotary Plows.
BEXD, Or., Nov. 30. (Special.)
Released from its position beneath
a bank of snow and ice near Frieda
this morning, the Oregon Trunk train,
imprisoned in the canyon since Sat
urday, November 19, was due to ar
rive in Bend tonight. The passengers
were rescued a week ago. The can
yon is still blocked with snow and
ice, and railroad men see no hope of
getting back to schedule before next
week.
Rotary plows have been seriously
handicapped by the enow, hardened
almost to the consistency of ice,
which frequently snaps the blad-es of
th snowplows. The tie-up on the
Deschutes valley railroads already
has cost of the Oregon Trunk and the
O.-W. R. & N. at least $100,000. said
Jack Wright, local agent for both
lines.
DES MOINES BARS BUSSES
Jitneys Forbidden to Use Streets
Wliere Carlinea Hun.
DES MOINES. Ia Nov. 30. The
city council today passed a resolution
barring motor busses -from streets on
which street cars operate, upon the
promise of Frank C. Chambers, re
ceiver of the Des Moines Railway
company, that 30 additional cars will
be put into operation at the earliest
possible time.
The new street railway franchise
ordinance adopted Monday by the vot
ers provides for elimination of busses.
HERMIT, PURSUED, SUICIDE
Man Accused of Murder 19 Years
Ago Lived in Cave.
MAHOMET. 111.. Nov. 30. Harry
Davis, 50 years old, who lived in a
cave had been a hermit for 19 years,
shot and killed himself yesterday
when pursued by a sheriff's posse,
seeking to arrest him on a charge of
thievery.-
After being accused of murder 19
years ago Davis drew himself away
from his fellow men.
SPAIN TO ENLARGE NAVY
13 Million Pesetas Appropriated
by Chamber of Deputies.
MADRID. Nov. 29. The chamber of
deputies today passed a bill appro
priating 13,000,000 pesetas for naval
construction.
This will provide for an Increase in
the Spanish, navy, .
Demand for Return if
Shantung Insisted 4.
HUGHES ARRANGES PARLEY
Any Reasonable Means for
Settlement to Be Tried.
WITHDRAWAL IS WANTED
Japan Insists That Disorders in
Certain Districts Justify Use
of Troops There.'
WASHINGTON, D. C, Nov. SO. (By
the Associated Press.) The Shantung
controversy, bringing with it some of
the sharpest issues of world diplo
macy, took its place today at the
arms conference. The result was an
offer by the United States and Great
Britain accepted by Japan and China
to assume the role of friendly ad
visers !n a new attempt to solve the
problem and end the long and bitter
debate.
The plan for an exercise of Ameri
can and British "good offices" is un
derstood to have originated with the
American delegation after it became
apparent China had resolved to raise
the question In the conference. Sec
retary Hughes and A. J. Balfour, as
heads of the American and British
groups, will meet tomorrow with the
Japanese and Chinese to lay the basis
for the negotiations.
Withdrawal to Be Demanded.
The Chinese delegates announced
tonight they would go into the dis
cussions prepared to accept rothing
less than unconditional withdrawal oi
the Japanese claims in Shantung. It
was assumed that the Japanese
spokesmen would contend for the
reservations Insisted on in the diplo
matic exchange between Tokio and
Fekin.
Advent of the Shantung question at
the council table followed a debate
on the maintenance of foreign troops
In China. Speaking for Japan, Vice
Foreign Minister Hanlhara declared
withdrawal of the Japanese troops
from several parts of China outside
Shantung must await definite as
surance that the Chinese authorities
would take more effective steps to
maintain order.
Troops Held Justified.
At Hankow, said the Japanese dele
gate, repeated disorders had justified
Japan in keeping her troops where
they now are stationed. He declared
garrisons in North China were re
maining under specific authorization
of the Boxer protocol and that those
(Concluded on Page 2. Column 1.)
YEuUrSY VE0
"""" "J UDG rvvLt
Matter Now Will Be Tried Out on
Its Merits In Tacoma Court
This Month.
SEATTLE, Wash., Nov. 30. (Spe
cial.) On completion of arguments
for the state public works depart
ment and for the three railroads in
volved. Federal Judges Neterer of
Seattle, Hunt of San Francisco and
Cushman of Tacoma granted the rail
roads' application for a temporary
injunction to prevent the state from
interfering with tariffs increasing
southeastern Washington-Puget sound
class and grain rates, 5 per cent.
The increase was made in compli
ance with the interstate commerce
commission's decision in the Colum
bia basin rate case. The case will
now be tried on its merits in Tacoma
in December.
The state's motion to dismiss the
suit and dissolve the restraining or
der, Issued when the suit was filed,
was denied. The plaintiffs are the
Northern Pacific, Southern Pacific
and Spokane, Portland & Seattle rail
roads. The question whether the In
terstate commerce commission has
power to regulate strictly intrastate
rates is involved.
NIPPON VESSEL FOUNDERS
Grief Caused by Gale Crew Is Re-
ported Rescued.
VANCOUVER, B. C. Nov. 30.
Meager reports received here today
Indicate that the Japanese schooner
Koun Maru, bound from Japan to
Port Alberni; B. C, with a cargo ot
salt, had foundered ZOO miles off Cape
Flattery, Washington, and was afire.
The five men composing the crew
were rescued by the steamer Tosan
Maru, eh route from Tacoma, Wash,
to Japan, according to a radio mes
sage. The schooner had come to grief
in a southeast gale yesterday.
DEMENTED WOMAN DYING
Live Coals Taken From Range and
Spread Over Bod).
DENVER, Nov. 30. Mrs. Nellie
Stover, 39. who for several years has
been suffering from a supposed harm,
less form of dementia. Is lying at the
point of death In a hospital here as
the result of burns.
Extricating herself from a chain
with which she had been fastened In
the kitchen of her mother's home,
she took a small shovel and spread
live coals from the range over her
body.
BLUEBEARD IS CONVICTED
French Murderer Sentenced to Die
by Guillotine.
VERSAILLES, Nov. SO. (By the
Associated Press.) Henri Landru,
who has been on trial for more than
three weeks in the assizes court here,
charged with the murder of 10 women
and a boy, was found guilty of mur
der in the first degree tonight.
Landru was sentenced to die by the
guillotine.
LA VILLE EST A VOUS!
6060
- OT
Y-O-C-VA-vauTH
O
Plan Is to Have American Relief
Administration Control Cash
on Soviet Security.
RIGA, Nov. SO. (By the Associated
Press.) The United States govern
ment soon may be asked for funds,
probably as a government, loan to be
controlled by the American relief ad
ministration, with which to supply
sufficient food and seed grain to pro
vide for the 15.000,000 of starving
persons in the Russian famine dis
trict. A loan under plans Informally dis
cussed by the relief administration in
Russia would not be made to the
Moscow government, but to the pro
vincial governments in the famine re
gion, guaranteed by the central gov
ernment and to be repaid at the next
harvest.
The amount of the loan would be
about $30,000,000, which the relief ad
ministration Investigators say would
be sufficient to save virtually the en
tire famine situation. The plan was
brought to Riga by Walter L. Brown,
European director of the relief ad
ministration, from Moscow.
"We are getting full co-operation
from the Soviets," said Mr. Brown.
"Soviet co-operation is satisfactory,
but naturally we encounter delays
and difficulties.
"However, our feeding of the starv
ing Is growing by leaps and bounds,
as Director Haskell's organization
gets Into full swing. We are feeding
about 700,000 persons."
RIGA, Nov. 29. iBy the Associated
Press.) Famine horrors in Russia are
growing with the approach of winter,
official bolshevik government advices
show.
In the Saratov region, where 389,000
peasants are listed as starving, even
children have been without food for
days and many persons are going mad.
Many of the inhabitants are now re
duced to eating cats, carrion and
grass.
Dispatches to the Rosta News
agency say many mothers are bath
ing 'their children in a poisonous ex
tract made from sheep's wool, hoping
it will bring about their death.
At Tashkend, Asiatic Russia, 2000
refugees are declared to be starving
at the railroad station and the daily
deaths average 70.
CAR TELEPHONE SUCCESS
Service From Moving Trolley Car
rier Fouud Practicable.
SCHENECTADY. N. T.. Nov. 30.
Carrier current communication, by
which persons in a moving trolley
car, talked with a point more than
three miles distant, took place today
on the lines of the Schenectady rail
way company under the direction of
the General Electric company.
The feat of telephoning from a
moving car was accomplished, it was
explained, by using the trolley wire
as a carrier of another current which
transmitted the telephone message.
Wool Buying Active.
LONDON, Nov. 30. At the wool
auction sale today 11,092 bales were
offered. There was continued good
buying at unchanged prices.
i
J
j
x
J
W S VV t i
VM PlONS
P-VI-S.-H-
WfA
Situation at Conference
Declared Delicate.
BRITISH SUPPORTING HUGHES
Blow Is Struck at Basis of
Limitation Proposals.
PLAN HELD IMPOSSIBLE
Matter Is Taken Out of Hands of
Experts by Japan's Demand
for 70 Per Cent Fleet.
WASHINGTON, D. C, Nov. 30. (By
the Associated Press.) Japan's pro
posal for a 70 per cent fleet as neces
sary to her national security Instead
of a 60 per cent fleet, has been for
mally presented to the United States
and Great Britain. Baron Admiral
Kato, senior Japanese, delegate, has
communicated it to Secretary Hughes
and A. J. Balfour. It is said in Jap
anese quarters to have the full sup
port of the Japanese cabinet and the
displomatic advisory council In Tokio.
American and British naval ex
perts, standing together on Secretary
Hughes' 5-5-3 plan as the only one
fair to all, regard the Japanese pro-
, way.ucan jjiv-
1 posal as unacceptable. In the opinion
of some American delegates, the sit
uation is delicate, but not without
hope that the Japanese ultimately will
accept the original plan.
Blow at Proposal Serlons.
The seriousness of the turn of af
fairs in the opinion of the. Americans
is that Japan in persisting In her re
quest for a 10-10-7 ratio, makes a
stroke at the fundamental idea on
which Secretary Hughes proposal is
baBed.
Japan's proposal, it was disclosed,
was based on her estimate of neces
sity for national security. It was
pointed out tha". if consideration of
national security were to be sub
stituted for a continuation of fleets
at reduced tonnage, but in tha same
ratio as now exists, the whole basis
of the conference would be upset.
On the basis of national security,
it was said, neither the United Slates
nor Great Britain would agree to the
60 per cent ratio which the Hughes'
plan would allow to Japan.
Americans Debate Situation.
Secretary Htifhes and his three col
leagues spent nearly three hours to
night debating the situation.
Baron Kato's action swept away the
deliberations of the experts consider
ing American limitation plans. They
have had to do only with technical
questions of tonnage estimates in
volved in the American proposal to
limit fleets on the basis of existing
relative strength in capital ships. Ja
pan has now taken the matter out
of that field.
British experts are in full accord
nn tne Americans that the 5-5-3
proposal is the only possible road, to
an agreement that is fair to all. par
ticularly in view of the enormous
disproportion of the sacrifices in
I snips and money the United States
(has offered to undertake. The two
j powers are agreed also that previous
. efforts of the Japanese to base their
j claim for 70 per cent on a calculation
i of existing strength which wouid ex-
. elude ships under construction, are
not within the scope of agreement.
Other Interests Compared.
On a national security b.sis, the
extent of American and British coast
lines as compared to Japanese, Ameri
can and British interests and obliga
tions in the far east as compared to
Japanese, the commercial enterprises
of American and British citizens over
the world as compared to Japanese,
would have to be weighed, it was
eaid. The comparison. It was added,
would not admit of even a 60 per cent
status for Japan.
Epxerts of the "big three" naval
powers agreed today that they could
not reach an accord on the basis of
calculation to be used in measuring
Japan's existing relative naval
strength. They gave up the task and
turned the problem back to their
respective delegations. Upon its so
lution hangs the fundamental princi
ple of the American proposals, the
5-5-3 capital ship ratio.
The experts were substantially ii
agreement as to the accuracy of esti
mates of naval Btrength of each power
originally submitted by the American
conference group if the American
plan of Including all ships actually
under construction in arriving at the
ratio was followed. Japanese experts,
however, insisted that this was not
the proper basis of calculation, pro
posing instead to disregard all ships
now building by either power in de
termining relative naval strength.
American Stand Firm.
The plenary delegations of the two
powers will continue the discussion
from this point.
Firm determination of the Ameri
can delegation to insist upon th
5-5-3 ratio and Inclusion of ships
building in any estimate of naval
strength was reiterated tonight.
Since no call for an executive ses
sion of the conference delegates or
for further meetings of the experts
was Issued, it was assumed an at
tempt to settle the point by Informal
iCoacludtd ca i'o 2, .Coliuun 2.).
Powers Considering Intervention,
Assumption of Mandate to
Quell Ugly Wave.
LONDON. Nov. SO. (By the Asso
ciated Press.) Bolshevism is spread
ing through the large towns of Por
tugal, the Times declared this morn
ing, and there have been many out
rages, especially in the province of
Alemtejo.
The recent bombing of the Ameri
can consulate in Lisbon was an inci
dent in this movement, it is aid, and
most of the foreign diplomats there
have received letters threatening
their lives.
As a result, the powers are consid
ering Intervention In Portugal and
the assumption of a mandate there to
quell the ugly wave of bolshevlsm.
according to the Times. France,
Italy and Spain favor such a move.
When a number of foreign war
ships moored in the Tagua river at
Lisbon recently, the sailors on a Por
tuguese gunboat are said to have
been restrained only with difficulty
from attempting to torpedo the Span
ish vessels.
Dispatches to the Times assert that
the condition of the country is such
tflat it has been difficult to find men
willing to accept posts in the cabinet.
Dispatches from Portugal to the
Associated Press have reported two
distinct revolutionary movements in
the last six weeks. In the first sev
eral members of the rortugueso cab
inet, including P-.emler Granjo, were
assassinated following their resigna
tions. A Xew days later, It was re
ported that royalists were plotting
for the re-establishment of a mon
archy. On November 24 dispatches
from the Portuguese frontier of Spain
reporteJ another revolution Trew!ng,
Carvalho Mesqulta heading the move
ment. The troops in Lisbon were
said to have been confined to their
barracks in p-eparation for eventual
ities. No advices have been received
since that time as to conditions In
Portugal.
CHINA'S LOAN EXTENDED
90 Days Granted for Payment of
$5,500,000 Obligation.
NEW YORK, Nov. 30. China re
quested and received today a 90-day
extension of Its $5,500,000 loan from
the Pacific development corporation
which was to have matured tomor
row, It was announced today by Ed
ward B. Bruce, president of the cor
poration. The Interest due tomorrow
was paid today, he added.
"Thifl action," he stated, "has been
taken at the request of the Chinese
government in expectation that nego
tiations which are now pending will
enable them to pay the loan during
the 90-day extension."
NAVY GOVERNORS NAMED
Captain Pollock to Go to Samoa
and Captain Altliausc to Guam.
WASHINGTON. D. C. Nov. 30. Ap
pointment of Captain E. T. Pollock to
be governor of Samoa, and Captain
Ade'.bert Althause to be Kovernor of
Guam, was announced today by Sec
retary Penby.
Captain Pollock succeeds Captain
Waldo Evans, and Captain Althause
takes the place of Captain I C. Wct
tengel, both of whom have been de
tailed to duty In Washington.
INDEX OF TODAY'S NEWS
Tha Wn(her.
TESTER OAT'S Maximum temperature. AO
decrees; mtn'mum. S3 decrees.
TODAY'S Rain; MJUtherly winds.
ria.rmmnt Conference.
Of.rman chancellor rouen tre. of peop:
for not replyli.c to Premier Br land
Page a.
Japan refects American ratios for fleets.
rage 1.
Japan end China a (rree to confer ove
Shantung. Fare 1.
Foreign.
RuHHUn food losn probably will be sought.
Page 1.
Bolshevism spreallng In Portugal. Page 1.
Nut innnl.
Vllnon refuses to negotiate for peace with
German military party. Page 20.
Domentie.
New rail shop rules effective today.
Paae tf.
Both aid rent In Arbuckle cae. Pare 8.
Train hits auto; 12 atudents dead. Pane 9.
Pacific XnrthwMt,
Ux-eanhler denies all charges
Page 3.
Slavrri of Sheriff Taylor .
Page I.
Railroads' pica for temporary
of
arson.
reprieved.
injunetlnn
In rate case granted in Seattle. I'anei.
Puntiam river again flooded as reault of
melting of mountain snows. Page 1
8 port a.
Pacific fleet may battle eleven from east
Pas-e 14.
Trapahoot rules slated for change. Page 14.
Two basKetball leugues organised in city.
Page 14.
Com men lul and Murine.
Indications of early revival In export
wheat trade. Pag 16.
Chicago wheat advances sharply on low
estimate of winter crop condition
Page 16.
Liberty rond prices continue to advance.
Page 17.
November exports from Portland total
$(1,153,232. Page 16.
Portland s channel project not to be ap
proved. Page 13.
Portland and Vicinity.
Foch to be feted 'a Portland today. Page 1.
Mrs. Joiin PrintOi- declares Harry Barney
received share of Liberty theater loot.
Page 26.
Motorists are fined $20 000 In year. Page 21.
Jfczs routed by worth-while music in all
parts Jf Portland. Page 13.
John T. Pratt points out economies of na
tioncl budget. Page 13.
Railroads buying only as necessity com
pels, says William Sproule. Page 10.
America ace'. alms Foch as greatest hero.
Page 8.
Foch rises rapldiy In military world.
I'age t.
Road sto-m probe ordered by county.
Page .
Xaw enforcement held remedy for stats'i
roads, fags 20, ,
Lives of Kirby and Rathie
Are Prolonged.
EXECUTION STAYED TO FEB. 3
Action of Governor Prompted
by Filing of Appeal.
RED CROSS GIVES MONEY
Idaho Clinpter Provides Fund for
Instituting Proceedings; Hang
ing Law Is Attacked.
SALKir, Or., Nov. SO. (Special.)
Governor Olcott tonight granted to
John L. Kathla and Klvie D. Kirhy,
alias James Owens, who were to hava
been handed In the state penitentiary
hare Friday for the part they played
'n the murder of Sheriff Til Taylor of
iTmatilla county in July, 1020. a reprieve-
until Friday, February 8. J
Granting of the reprieves followed
the filing of an appeal in the supreme
court from the decision of O. G.
Bingham, judtre of the Marlon county
circuit court, who earlier In the day
refused to Issue a writ of habeaa
corpus In the case of Kirby.
Appeal la Taken.
Immediately arter Judge Bingham
had given his ruling on the applica
tion for a writ of habeas corpus, John
Lane, attorney of Portland, counsel
for Kirby. announced In open court
that an appeal would be taken to tho
supreme court
Later in the day Attorney Lane
made application to Chief Justice
JJurnett of the supreme court for a
writ of supersedeas, but this waa do
med on the grounds that there waa
no provision of the Oregon statutes
which authorized the Issuance of such
a writ In a civil case. Perfection of
the appeal to the supreme court wal
then made through the filing of tha
necessary transcript.
Hanging I.atv Attacked.
The petition for the writ of habeas
corpus, which will furnish the basla
for argumorts In the supreme court,
alleges that the Oregon capita! pun
ishment law !s unconstitutional for
the reason '.h-it the egMature of
1920, whim rei'orret the measure to
the people for final enactment, had
no authority for their action. Aboli
tion of the death penalty In Oregon a
few years ag.i. tr.e petition a: iged.
added to ths b;il of rights. Thi leg
islature later pasard a law reaMr:nri
the death penalty and the ;eipl i
voted tho nseosyary change In the
constitution Jt Wiir. contendej that
ihtre was a luotrtctloi fr.'in the I'll
of rights for ivlvch history furnlsbea
no pr cedent.
Another contention of Klrby's at
torney is that the constitution of Ore
gon empowers the legislature to refer
' the people only constitutional
amendments, not repeals of constitu
tional provisions. It is alleged in the
transcript of appeal that the restora
tion of capital punishment was not
an amendment, but a repeal.
Olhrra Are Affected.
The litigation resulting from tha
appeal In the Kirby case, attorneys
said, may have the effect of lengthen
ing the lives of tho several men con
victed of murder who are now in the
state penitentiary awaiting execution.
These Include Dr. U. M. Brumfield,
convicted of slaying Dennis Russell
of Dlllard. Douglas county; Abe Evans,
convicted of killing James Doran of
McMlnnville; George Howard, con
victed of killing George It. Sweeney,
an Insurance agent of Vale; Husted
Walters, who killed a policeman In
Portland ami Dan Casey who was con
victed of murdering J. H. Phillips,
deputy sheriff in Portland.
Attorney Lane tonight said that a
constitutional question was involved
In the Kirby case, and that the action
would be carried to the United States
supreme court for final determina
tion. There also Is a possibility, It
waa rumored, that the attorneys for
the other murderers now occupying
cells in the penitentiary awaiting ex
ecution may Join forces and finances
in an effort to have the hanging stat
ute declared unconstitutional. In this
event a hard fought legal battle Is
anticipated.
Ked Croft Gives Money.
Briefs in the Kirby case will be pre
pared within the next few weeks.
Attorney Lane eaid, and the appeal
probably will be argued before the
supreme court ealy In January. In
this event an opinion of the supreme
court may be forthcoming before the
expiration of the reprieve. Should
the case go to the United States su
preme court a year may elapse be
fore the final determination.
Attorney Lane eaid that funds for
Instituting the habeas corpus pro
ceedings were provided by the Idaho
Ked Cross in behalf of John Rathie.
but because of the fact that Mrs.
Kirby is In Salem, the proceedings
-were Instituted In the name of her
son.
Everything In nradlnrns.
Invitations for the hanging of
Rathie and Kirby had been Issued
from the penitentiary and all .was In
readiness for the executions.
Rathie and Kirby, following their
conviction in the Umatilla county clr-
XCuncludud uu fags 2, Culuiuu -i-i
I