THE MORNING OREGONIAN. FRIDAY, JANUARY 13, 1923 DEWBERRY SEATED BY SENATE, 4B-41 Large Expenditures-in Cam paign Condemned. ' STRAIN MARKS DEBATE I'inul Ballot Tuken After Day of Combat Unlike Any in Ite ccnt Months. (Continued From Fl'st PaK.) uous effort? to upsut the programme of the Newberry supporters. Three resolutions, each declaring the seat vacant, were voted down by exactly the same lineup' which established Mr. Newberry's title to his seat. The ouster resolutions ware those of Senators Walsh o Montana and Own of Oklahoma, democrats, and N'orrlg of Nebraska, republican. Senator Cummins of Iowa, presi dent pro tempore, then began to put the motion which was to decide the controversy, but Senator La Kollette. Wisconsin, republican, interrupting him, arose and addressed the chair. He loosed a barrage of denunciation of the stand his party colleagues were about to take and made a lensthy comparison of the Newberry case with that of the ousting of ex Senator Lorlmer of Illinois and con tended the comparison was favorable to -Mr. Lorlmer. IleMnfiitlon Is filtered. 'That question and the question here," Mr. La Kollette declared dramatically, "is whether a seat In the United States senate can be bought for a quarter of a million or for half a million dollars." The last day of the fight brought a continuation of the conditions which prevailed all week. Kfforts were heinff made continuously by the pleaders to reach an agreement for a vote to get together and 'end the strain. The first rollcall was accepted as decisive of the Issue. It developed the position of several senators whose attitude had not bee dis closed. The change In the form of the ma jority resolution came Just before the voting began. Senator Willis, re 1 nhiican, Uliio, offered, and Senator Spencer, republican, Missouri, in charge of the Newberry forces, ac cepted the proposal for a severe con demnation of the use of large funds as a substitute for the original clause, iloclaring that the charges ngainst M. Newberry were unfounded. Amendment Draws Fire. Democratic leadeVs contended th?t the change was made to secure a few more votes for Mr. Newberry. The Willis amendment Immediately was subjected to hot fire by repub lican and democratic opponents of the senator. It was defended by Senators Spencer and Willis and went Into the final resolution without a record vote. Until the final vote was announced, spectators thronged the galleries, .often overflowing Into the halls, while many house members stood about the senate chamber. Senator Newberry did not attend the session but members of his family were kmong the spectators in the galleries together with representatives of Mr. Ford. ELECTION HOT . CONTEST Wilson's Jioquest to Mr. Ford to Enter llace Is Recalled. Washington, d. c. Jan. 12 The Michigan senatorial election contest between Henry h ord and Truman H. Newberry was one of the most nota ble and was fought with as great heat as any engaging either Dranch of congress in recent years. The roots of the contest run back into the early summer of 1918 when l'resident Wilson personally requested Mr. Ford to enter the race for the Michigan senatorshlp. The Detroit manufacturer's entrance into politics precipitated a situation without par allel in the state for he declined to state whether he would seek nomina tion and election as a republican or as a democrat, entering the race subse quently as a candidate for nomina tion on both tickets. On the republican ballot In the pri mary which was held August 27, 1918, Mr. Ford was opposed by Mx. New berry, ex-Governor Osborn and Will iam Gerald Simpson of Detroit. As a democrat he was opposed by James W. Helme of Adrian. Mr. Ford won . the democratic nomination handily itnd Mr. Newberry was victor on the republican ticket. Neither had made personal efforts in the primary cam paign and neither participated per sonally in the fight prior to the gen eral election. Mr. Ford attended to his manufacturing business and Mr. N'ewberry remained In New York city, where he was stationed as a lieutenant-commander during the war. It was, however, the primary cam paign about which events were to cen ter and around which the succeeding storm was to rage. Chronologically, davelopments followed In this order: Charges were spread broadcast by Ford supporters accusing the New. . berry committee With having spent more than ?250,000 in the primary campaign and the further assertion was made that illegal influences had been brought to bear and Intimida tion of voters reeorted to by the New berry committee in obtaining the nomination for their candidate. Mr. Ford filed charges and a con tint of Mr. Newberry's election with the senate on January 4, 1919, and a recount of the election ballots was Immediately ordered by the senate. The recount, completed In February of that year gave Mr. Newberry a plurality in the general election of 4334. Mr. Newberry took the oath of office and assumed the duties of a senator the following May 19,nd a day later Mr. Ford filed with the senate addi tional charges of illegal expenditures and conspiracy In the primary by Mr. Newberry and -his campaign commit tee. The senator made no statement regarding the charges further than to say that he had no knowledge of the activities of his committee, hav ing remained out of the state of Mich , igan during the entire primary and general election campaigns. Grand Rapids. Mich., then became the center of the stage for November 29. 1919. Mr. Newberry and 134 other men were Indicted at the instance of the department of Justice on federal charges of conspiracy to violate the corrupt practices act. This law limited he expenditures of a candidate for congress. The senator and 16 of his co-(le fenrlants were convicted In the trial that followed. He appealed to the supreme court of the United States which held the corrupt practices act unconstitutional and set aside the conviction. May 2. 1921. Shortly after the Indictments were returned in Michigan, the senate adopted a resolution directing an in vestigation into tiie primary and gen eral election. Hearings were besun and 1 continued Intermittently until near the time" of the supreme, court decision. There followed a lapse of several months during which the Newberry case was heard of in the senate only occasionally until Senator Spencer. republican, Missouri, as chairman of the sub-committee which conducted the Inquiry submitted to the senate September 29, 1921. a re port which although condemning the expenditures during the campaign and which It estimated at Jl5,00. found no legal or justifiable grounds for the retirement of Mr. Newberry by the senate. Democratic members of the commit tee, headed by Senator Pomerene of Ohio, filed a minority statement, as serting with equal emphasis that the testimony given the committee proved conclusively that Mr. Newberry was guilty of the many charges laid against him by Mr. Ford. For many days then and by. many senators, a heated fight was waged against the republican resolution de claring Mr. Newberry the duly elected senator from Michigan. Democratic opponents of the resolution finally brought in a resolution of their own denying the seat either to. Mr. New berry or to Mr. Ford. The fight went on In all of Its bitterness until after half a dozen attempts, Mr. Spencer got a unanimous consent agreement of senators to limit debate and the case was thus brought to a vote. E SOLOV OF WASHINGTON STATE APPEALS TO GOVERNMENT. Congressional Action Requested to Avert Disaster to Great Pacific Coast Industry. TIIR OHEGONIAN NEWS BUREAU, Washington, D. C, Jan. 12. Com plaint that the salmon industry on the Pacific coast will be destroyed within a few years because of the ruthless methods being employed by foreign fishermen, and a plea, that some congressional action be taken in an effort to avert what is termed an impending disaster, Is made In a letter sent to Representative Free of California by Wjilllam N. Mescrve, a member of the assembly of the fltate cf Washington. Statements made In the letter indi cate that the Austrians and Greeks have obtained a Btrangle-hold on Pa cific coast salmon fishing, particular ly in Oregon and Washington, sim ilar to that held by the Japanese on the tuna fifrhing in southern Cali fornia waters. Jt Is asserted that th 3 foreign fishermen, who are referred to as "pirates." have invaded the feeding grounds of the salmon tak ing ("full-stomach".. fish, with the re sult that "sourbelly" develops, neces sitating thousands of them to be thrown away. It also is charged that some of the "sourbelly" variety are being canned, endangering the lives of the ultimate consumers. Mr. Meserve states that when gill nets were used in catching salmon on Puget sound, the industry was thriv ing, but later it was almost com pletely destroyed because of foreign ers invading the territory with purse l,elnes. These same "pirates." he charges, appeared on the Columbia river in Oregon three years ago, ana he states the cannery pack of salmon since that time has decreased 50 per cent. Efforts to get state legislation, the letter continues, have been frustrat ed through influence which has been brought to bear by cannery interests slong lines similar to the powep f.he canntry Interests wielded In the last California legislature in defeating at tempts to pass a law that would wrest the control of the southern California tuna Industry from the Japanese. PresumaMy because much of the salmon fislung Is being done outs'de the three-mile limit. It is suggested by Mr. Meserve that- congress enter Into a treaty with the countries In terested, to prevent purse seining off the coasts of Oregon. Washington and California. The foreigners, nc alleges, now have Ihe "salmon Indus try by the throat." and his letter !s in the nirture. of a warning that the Industry soon will cease to exist un less the federal government steps' in and takes speedy action. t PARLEY LEAK CRITICISED BALFOUR ASKS ROW TREATY NEWS OT OUT. Other Delegates Deny Talking of Text of Pact and Incident Is Dropped There. WASHINGTON, D. C, Jan. 12. (By the Associated Press.) The "big five" interrupted discussion of- the naval treaty today long enough to delve Into another coherence mystery. ' Declaring himself actuated only by a desire for fair play, Arthur J. Bal four, head of the British degatlon, pointed out that an abstract of the treaty had been obtained by the As sociated Press despite an agreement that all the delegates were to regard details of the pact as confidential. The British, he said, had observed the agreement, adding that it was diffi cult to understand how the Associ ated Press got the whole story if the other delegations had done likewise. In turn Messrs. Hughes, Kato. Sar raut and Schanzer gave assurances that no member of. their respective groups had been responsible, and there the incident ended. ' Surprise was .expressed later in American quarters that proceedings of the "big five" meetings were pub lished in some detail daily and it was reiterated as the official view of the American delegation that the tenta tive treaty provisions should not be given out In advance of their formal publication. FLAX LAND IS SIGNED UP Recently Organized Company Has - . Added to Contract Areas. SALEM. Or.. Jan. 12. (Special.) The Willamette Valley Flax & Hemp company, which was organized here recently under the direction of Robert Crawford, ex-superintendent of the state penitentiary flax plant, last night signed up approximately 160 acres of flax lands in the Rickreall vicinity. Planting of this land "will begin as soon as the seed can be ob tained. 1 The association now has more than 1000 acres pledged for planting dur ing the year 1922. Chinese Barred From Schools. SALEM, Or., Jan. 12. (Special.) Fred Hule, Chinese, who recently was sentenced to serve two years in the state penitentiary for burglary and subsequently paroled, today was de nied the privilege of attending -the Salem public schools. This action was taken by the school board following receipt of reports from instructors that Hule had caused, considerable trouble among his classmates. Hula is 20 years old. iRTlEST DIVIDES Dill NEWBERRY ISSUE Four Senators Vote For, Two Against Seating. JONES SURPRISES SENATE Oregon Members Line Up In Sup port of Michigan Man ; Gooding of Idaho Is Outspoken. THE OREGONIAN NEWS BUREAU. Washington, D. C, Jan. 12. The six senators from Oregon, Washington and Idaho divided 4 to 2 tbday on the question of seating Senator Newberry. Senators McNary and Stanfleld of Oregon. Poindexter of Washington and Gooding of Idaho voted for New berry, while Senators Jones of Wash ington and Borah of Idaho voted in the negative. Senator Jones was the only north west senator to address the senate on the question, but his remarks were brief. The Jones attitude was the only surprise of the entire outcome. No effort was made to poll him on the resolution to declare Newberry not elected, it being taken for granted until yesterday that he would sup port Mr. Newberry. The reason tor this assumption was that he voted in 1911 to seat Senator Lorlmer after having voted a fewnonths earlier to unseat him. Senator Poindexter voted against Lorlmer. The Lorlmer case was quite differ ent front the Newberry case, in that it Involved only the charge of corrup tion. while the Newberry case charged no bribery or corruption of voters, but an excessive expenditure of money by the candidate's relatives and friends, most of which was expended for publicity. Senator Gooding of Idaho was the most outspoken northwest supporter of Senator Newberry. He declared Mr. Newberry should not be held re sponsible for what his friends did until congress by airtight laws has made it criminal to expend such vast sums. "Three years ago." he said. "J260. 000 was raised among the poor farm ers of Idaho to carry an election. I was defeated by the expenditure of that money, which was used to elect other candidates. Several newspa pers in Idaho were bought outright instead of merely selling their ad vertising space. "We have never heard any cry of corruption about that large expendi ture, either from the beneficiaries or from anyone else, yet raising J260. 000 in Idaho on the relative basis of population, was like raising much more than $3,000,000 to elect " candi date In Michigan. Mr. Newberry's friends appear to have raised about J195.000." ROMS FIGHT BATE CUTS TWO PRESIDENTS APPEAR BE FORE COMMERCE BODY'. v V Baltimore & Ohio Head Defends Use of Passes und Private Cars for Executives. ' , WASHINGTON, D. C, Jan. 12. Two railroad presidents completed state ments today in opposition to railroad rate reductions, at the Interstate com merce commission's investigation of transportation rates, and underwent prolonged questioning from commis sioners who heard them. Daniel Wil lard of the Baltimore & Ohio, insisted lower costs of railroad operation could not be attained by abolition of passes for railroad employes, private cars for executives, or similar altera tions of- policy, because their relative Importance was little. S. M. Felton. president of the Chi cago Great Western, however, said "that railroads cannot be efficient in ribbon at the United show of the At the employment of labor until the Mantle Cat club and the Silver so- railroad labor board, which controls them under the transportation "act. allows them to estbalish rates of pay which correspond to the wages paid workers of similar occupations in fhe communities which the railroads serve. .For section hands, shop workers and the general run of employes whose occupation Is' njot specialized Mr. Felton said, wages are now ap preciably higher than In enterprises outside The decline In traffic volume dur ing 1921, Mr. Felton said, was "un precedented In severity" and propor tionately greater, than that which took place during 1894 and 1895. Both he a'nd Mr. WIMard said that reduc tions of rates on specific commodities had so far failed to stimulate traffic, citing agricultural products and steel manufactures as examples of experi mentation. "Henry Ford has expressed the be I!ef that railroad efficiency would be increased hy lightening engines and equipment," Commissioner Esch said. "Do you think you might cheapen your operations by trying this out?" "We've gone exactly contrary to that theory in all railroad progress," Mr. Felton said. PRINCIPAL UNDER FIRE (Continued From First PflKO had laughed. Since Monday he has been under a doctor's care and still limps." Injury Not Serious. Dr. J. K. Locke, who attended Jack, said that his Injury is not Berious, and that his lameness is caused ap parently by a blow on the left side, where there is a slight bruise. This is sufficiently painful, he said,' to ac count for the limp, which will dis appear in a few days. "We have taken no action in the matter," . said Mrs. Baybrook, "and did not even complain to the school authorities. The community lsworked up over the affair and neighbors called" it to the attention of Superin tendent Grout. Until we see what Jack's injuries are I cannot say what steps will be taken." Immediately after administering punishment Principal Roberts made the customary report to Superintend-. ent Grout. Upon receipt of the com plaint, charging that the boy was kicked and severely injured, be was asked to submit a complete account of the affair to the superintendent. This he did yesterday, giving his ver- TRY OUR 25c PETITE LUNCH Consists of Hot "Meat or Fish. Pota toes and Gravy, Bread and Butter and Coffee. Merchants Blue-Plate Lunch 4Ae. GROUND FLOOR, LOTUS GRILLE Chamber of Commerce Oldg x ion and denying the allegations of brutality. ' Laugh Thought Impndrnt. The boy has been a pupil In this school only during this term." he re ported, "and during this time has made considerable trouble for his teachers, having been sent to me several . times. He never seemed to tak-e correction seriously, and on this occasion. - when I was speaking to him about a matter which was caus ing trouble for his teacher, he broke out into a laugh. X "This seemed to me an act of im pudence and so, in order to impress upon him the seriousness of such oc casions, I seized, him by the shoulder and gave him a shaking. He broke away from me, bumped into the ban nisters, then tripped and fell to the tloor. . I then told him to get up, and, stepping forward, raised him to his feet. He began crying in a tone that seemed to me to indicate anger. So 1 shook him again. This time he kept his feet, and I sent him to the office." Principal Roberts has twice visited Mrs. Baybrook'8 home, to inquire concerning Jack., and to offer any assistance. He asserted that there are no marks to indicate an injury, and has asked that his own physician. Dr. David Breuer, make an examina tion. This will be done today, it company with Dr. Locke. SOLDIERS RULE OIL TIN MEXIA AND ADJACENT TERRI TORY ODER MARTIAL- LAW. Governor Nef f Issues Proclamation. Several Arrests Made and Quan tity of Liquor Is Seized. MEXIA, Tex., Jan. 12. This oil town and the oil country surrounding it were placed under martial law to day by Governor Neff because of the alleged existence of open and fla grant violation of the law. Tonight conditions were quiet. Several arrests were made during the iternoJii and a quantity of liquor seized. The situation was in charge of Brigadier-General Jacob "W'olters of the national guard. En route to the area tonight were 40 men of the head quarters troop, 56h cavalry brigade. They will be used. General Wolters said, for picket duty and to guard .prisoners while the .state ranger are conducting investigations of alleged conditions and making arrests. Gen eral Wolters announced tonight that he had a conference with acting Mayor Riddle of Mexia, who promised the fullest co-operation of the city offi cials with the military. AUSTIN, Tex., Jan. 12. Headquar ters troop, 66th cavalry, Texas na tional. guard, located at Brenham. was ordered to entrain for Mexia. Major Charles Crawford, assistant adjutant general, said the troop of 40 men will leave Brenham this afternoon and should arrive at Mexia shortly after midnight. Mexia was a sleepy farming town of 3000 population until oil was found near here and today it is a bustling cityX of 30.000 persons. A tented city arose overnight. Oil development followers packed arriv ing trains or cam in wagons, trucks or on horseback. The accommodations were few. Men and their families slept in the open or in tents or wherever shelter could be obtained. A cot in a tent soared in price from 60 cents to $3 a night. It cost $5 to sleep one night In a crud-e plank structure. The only bathhouse was in a barber shop. The pine planks were slippery but warped so much that bathers were able .to find a footing. The oil development was rapid. There are six solid miles of derricks and drillers' outfits and wooden build ings where there had been open prairie. Gambling, drinking and dancing halls soon began to flourish and kept open every night. Liquor was re ported openly sold and small fortunes were said to have been lost at the gaming tables. ALLEY CAT PRIZE WINNER Tibbies, With Back.Fence Meow, Walks Off With Blue Ribbon. NEW YORK, Jan. 12. A common alley cat with a back fence meow today perked Its ears, arched Its back and walked off with the blue ciety. Tibbies is his name. He's a snub nosed, short-haired tiger and a ped igreeless product of the streets, en tered by Bide-a-wee home for ani mals. He wag Invited Into the high so ciety of the long-haired Angoras and Persians and thesacred palace cats, but would have none of them. He went off and slept in a corner all by hirjself. ' $30,000 FOR CAVES ASKED Senator Stanfleld Introduees Bill on Josephine County. THE OREGONIAN NEWS BUREAU, Washington, D. C, Jan. 12. Senator Stanfleld introduced a bill today appropriating $30,000 for improving the entrance to Oregon caves in Jo sephine and providing proper lighting facilities to make this scenic spjt more inviting to tourists. The caves are in a national forest. Barview Postmistress Xanieif. THE OREGONIAN NEWS BUREAU, Washington, D. C, Jan. 12. Mrs. Georgie W. Fisk has been appointed postmistress at Barview, Tillamook County, Or. all taste no waste Red Rock Cottage Cheese a food for every one, old or young;, sick or well. Easily digested,' . vitalizing. Delivered daily from the Dairy to grocers, markets, delicatessens, hotels, res taurants and dairy lunches. Our only product: RED ROCK DAIRY IADD1TI0NAL POWER i FOR HARDING ASKEDj ! 2 Way to Administer New Tariff Proposed. SM00T URGES . CHANGES President Would Be Authorized Either to Increase or to De crease Rate of Levy. WASHINGTON, D. C, Jan. 12. Broad powers asked by President Harding in administering the pro posed new tariff law to meet chang ing world conditions, which congress could not anticipate, would be grant ed, under amendments to the Fordney bill proposed today by Senator Smoot of Utah, ranking republican member of Ihe senate finance committee. The president would be authorized to increase or decrease tariff rates by not exceeding 50 per cent of the rates fixed in the bill; to proclaim Amer-. lean valuation as the basis for as sessing duties on any given list of imports; to change rates within the limit of 60 per cent to meet situ ations arising in American markets from depreciated foreign exchanges; to prevent, dumping in American markets and discrimination against American foreign commerce by for eign countries,. Invratlga tion Is rded. Adjustment of rates to equalize differences in trade of specified articles in the United States and com peting foreign countries could be made only after investigation and hearing and would not be effective until within 30 days of their procla mation. Thirty days also would have to elapse before adjusted rates because of depreciated currency . would come into effect and before proclaimed American valuation could be put into effect. Amendment Is Offered. Senator Smoot also offered an amendment to the American valua tion section of the Fordney bill pro posing that where the duty is based upon or regulated in any manner by the value of the imported merchan dise the duty would be assessed on actual market value of the whole sale price thereof at the time of the exportation in the principal market or markets of the United States. Senator Smoot previously proposed an amendment to the bill providing for assessing duties on the basis of the invoice value of. the imports. It is understood his alternative proposal today was largely to offer the senate a plan favored by some members of the tariff commission. Chaplain to Make Tour. THE OREGONIAN NEWS BUREAU, Washington, D. C, Jan. 12. Colonel John T. Axton. chief chaplain of the regular army, it was announced by the secretaly of war today, is soon to start on an itinerary of more than 30 army posts, including Fort George Wright, Spokane, Camp Lewis and Vancouver barracks. He will hold conferences of chaplains of the regular army, army reserve corps .id national guard. HAZELWOOD Quality Pastry MONTE CARLO CAKE -A rich, fine-grained cake made in checkerboard style, with a smooth chocolate icing. $1.25 and $1.75 each LADY BALTIMORE CAKE A delicious cake filled with nuts and maraschino cher ries and covered with a maraschino m arshmallow icing. $1.00 each HAZELWOOD DAIRY w STORE 126 Tenth Street BROADWAY HAZELWOOD PASTRY DEPARTMENT 127 Broadway Building Kmerre Force. Sanitarium and office. H.altfc ' " (our away - A low power of' resistance allows the body to become an easy prey to in fections, col ds, stomach and intes tinal disorders and , undermines the nervous system. If you are in need of more t.h a n tem porary relief from some enervating ill that threatens to become chronic, you will find the Milk Diet Treat ment as given at our sanitarium a most agreeable and e f f ecilve medium for restoration to health. V The Moore Sanitarium 828. Hawthorne, at 27th. Believe Every Eloquent You couldn't get the manufacturers to duplicate some of them for a $3 6 price. Neither could we. An express elevator will cany you direct from tKe Men's Furnishing Section on the first floor to the Men's Clothing Section on the fifth floor. All the Luggage at 25 Off Trunks, Traveling Bags and Suitcases It is only quality luggage that one buys at Lipman, Wolfe's, whatever the time, whatever the price. It is consideration of this fact that leads to full appreciation of the valuable opportunities presented when prices here are reduced 25 per cent, as now. AH the wardrobe trunks included iq this selling entire stock of lug gage at 25 per cent off. ' Fifth Floor -Lipman, Wolfe 6r Co. OH FSnEBEJEXKl Army Retail Store Closing Out entire retail stock everything re duced. , Visit our store and be con vinced that OUR PRICES ARE THE LOWEST ever offered you oif Army goods. ' - ONLY 8 MORE DAYS BUY NOW Army Retail Store Fifth and Pine i . Mil! Word He Tells You if a Regarding His Purchase in Wolfe's Annual Sale of All the "SteinBloch and "Langham" Suits and Overcoats ipmmwoi$e '(& Co. tJ Merck of cJ Merit Only CM Ef.i' ;: ' MS mm m Friend Waxes Lipman, A Restores Original Color tat Gray Hair Co-Lo restores the natural color, life and luster to gray and . faded hair in a manner nature approves a scientific process perfected by Prof. John H. Austin of Chicago, over 40 years a hair and scalp specialist. Secrets of Co-Lo Success Co-Lo is a wonderful liquid. Clear, odorless, preaseless. TVithout loud or sulphur. Without sediment. Will not wash or rub off. Will not In jura hair or scalp, l'leaslng and simple to apply. Cannot be detected llko ordinary hair tints ajul dyes. Will not cause the hair to spilt or break oft. Co-Lo I lair ly otorcr for every nat ural Bhade of lialr A6, for blarlc an'l dark shades of brown; A7, for Jot black hair, A8, for medium brown shades; A3, for lifiht brown drab and ftuburn shades. Sold by all Owl Drug Store Phone Your Want Ads to ' , THE OREGONIAN Main 7070 Automatic 560-93