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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 14, 1922)
VOL. LXI NO. 19,340 Entered at Portland (Orejront Postoffic? as Second-claw Mstter. ' PORTLAXD, OKE(;()X. TUESDAY, .NOVEMBER 14, 1922 I'UICE FIVE CENTS DEATH LIS! 1000 BOXCARS DAILY TO RELIEVE FARMERS SPIRIT OF TURK JERITSA TRIUMPHS IN FARRAR SUCCESS MERELY KU KLUXED, SAYS EDITOR WHITE SE PHONE HATE CUT fiFNFRAI WAI KOI IT I PLANNED BYT.W.W. RAPIDLY INSPIRES' WONDER GmZEHSHIP SUIT RAILROADS WILL RUSH AID TO NORTHWEST STATES. BRILLIANT VIENNESE DIVA TAKES GOTHAM BY STORM. KANSAS "OFFENDER" INSISTS ON TRIAL OF CASE. INTENT. IS TQFORCE RELEASE OF WAR PRISONERS. QUAKE MM GROWING BRANDED UNJUST 1 l 600 Dead Are Counted in Vallenar Alone. ONLY THREE HOUSES LEFT Many Fugitives, Stiil Fear ful, Stay in Hills. PROPERTY LOSS GREAT Steps to Relieve Sufferers Arc Taken Appropriation Asked of Chilean Congress. SANTIAGO, Chile, Nov. 13. (By the Associated Press.) The latest advices from Vallenar tonight said the entire town had been destroyed. Only three houses were left stand ing. Thus far 600 dead had been counted, but many of the streets had not yet been cleared of debris, under which additional bodies were expected to be found. The advices said that it was ex pected the total deaths in Vallenar would reach 1000. There was no way in which the number of dead at other devastated points could even be estimated. Consternation was growing as the extent of the quake toll was begin ning to "be, revealed. The number of dead also was growing hourly as belated reports came in from the stricken provinces of Coquimbo and Atacama. Fate of Villages Notjtnown. The two provinces contained a total population of 300,000, and what part of this number were left home less it was useless to attempt to estimate. Many towns and villages of populations of around 100 had not been heard from and their fate will be known only when communication 1b fully restored. Only the more Important places had been mentioned in the advices thus far received and the reports 1 pictured thSta as scenes of ruin and isolation, with the inhabitants wandering aimlessly tJ search of food and camping in crude shelters. Many persons, helpless from In juries, were in need of medical at tention. Numerous refugees, fear ing a repetition of the phenomenon, continued to stay in the hills to which they fled when the earth Chocks began. Relief Measures Undertaken. The government was devoting its attention to relief measures, but owing to distances to be covered over the single railroad communi cating with the different provinces the arrival there of adequate food and medical supplies was consid ered likely to be a matter of sev eral days. Some naval vessels had ' reached suffering coast towns and others were on their way thither with supplies. The homeless at Coquimbo and Vicinity number 3500, according to official dispatches. The suburb of Victoria was destroyed. Other dispatches confirmed the quake's destructive work at Co piapo and Chanaral. the latter place being without food. Copiapo was in dire need of medical assistance. Firemen and boy scouts were doing all possible to render aid to the destitute. The municipal theater and the principal church were among the buildings wrecked by the shock and nearly all the dwelling houses at Copiapo were levelled. Relief Fund Requested. Tlie Chilean government has asked congress to grant 1,000,000 pesos for the relief of the inhabitants of the stricken districts and 500,000 pesos to re-establish the public j services. The cruiser Chacabuco reached Huasco with, supplies and medical help. The dreadnaught La Torre sailed from Valparaiso for Antofa gasta. In the collapse of the prison in Vallenar 12 inmates were killed and others injured. At Coquimbo, where 100 were killed, earth tremors were contin uing yesterday, but the population was searching the ruins for bodies and succoring the injured. At Chanaral the tidal wave early Saturday swept away the entire dis trict of stores. Caldera was left in ruins. The sea swept over the town, even car rying away railroad cars. Property Loss Is Millions. The property loss will run into mij lions as several towns were almost entirely wiped out and heavy dam age to buildings and communication lines and particularly ships along the 1400 miles of coast affected by the huge waves has resulted from the violent upheavals of nature. All along the coast ships were swept on shore, pounded against the rocks or left high and dry. At many small ports wharves and quays were destroyed. SEA BOTTOM THOUGHT SUNK Explanation of Tidal Wave Is Of fered by U. S. Astronomer. VALLEJO, Cal., Nov. 13. An ex planation of the probable cause of (Concluded on Page 2, Column 2.) More Than 4500 Empties and All Refrigerator Cars . Possible Assigned to Lift Famine. THE OREGONIAN" NEWS BUREAU, Washington, D. C, Nov. 13. One thousand empty box cars a day In solid trains will begin moving to the northwest from Chicago within a few days, and the movement will continue until the demand for equipment to transport farm and forest products has been met. . An order for the movement of the cars has been issued by the car service division of the American Railway association, and the cars will move over the Great Northern, Northern Pacific and Union Pacific railroads. The order was issued in response to demands coming almost entirely from Oregon, Washington and Idaho, where, according to tele grams received, both by the Ameri can Railway association and the interstate commerce commission, in dustry in many sections virtually is paralyzed by lack of railroad equip ment. Conferences of railway and car service officials were held here today to discuss means of rushing to the northwest as rapidly as pos sible more than 4500 cars belonging to western roads standing on tracks throughout New England. One of the questions to be solved is to find the motive power for moving the equipment, and another question of almost equal Importance is to clear the right of way in such fashion as to speed the transfer. Another problem being worked out, it was said at the offices of the car-service officials, is to find more refrigerator cars for the Pacific northwest. Demands already re ceived would call to that section many more than one-half of all the refrigerator cars in existence, show ing, it is pointed out, that the pro duction of perishable products in Oregon, Washington and Idaho has outstripped the progress of the car riers in providing equipment of the special requirements to move them. HANDS OFF, SAYS COURT Canvass of Votes in Kelso-Kalama Fight to Proceed. OLYMFIA, Wash.ft Jfov. 13. (Spe cial.) The supreme court today issued an alternative writ of pro- hibition directing Judge Klrby to refrain 'from interfering with the canvassing of the ote of the Kelso Kalama county seat fight in Cow litz county. Judge Kirby had issued a restraining order to pre vent the canvassing of the vote on the ground that hundreds of illegal ballots were cast in and around Kelso, The petition for the writ of prohibition holds the superior court without jurisdiction. Judge Klrby also is directed to appear before the supreme court November 17 to show cause why the writ should not be made peremptory. WOMAN CONQUERS THUG Mask of Robber Torn Off and Pocketbook Retained. TACOMA, Wash., Nov. 13. Mrs. Bertha Eldridge turned into the po lice station today a mask she tore from the face of a Jobber who at tempted to hold her up with an imi tation revolver. I When the woman was stopped on a dark street last night she thought the revolver that she faced was real. But she grasped the wrist of the man and the glass weapon fell to the sidewalk, where it broke into bits. The robber was then bested in a fight to obtain the woman's pocketbook. CROSS RECALL IS LOST Clackamas County Judge Victor ' by Jlajority of 694 Votes. . OREGON CITY, Or., Nov. 13. (Special.) The recall of Harvey E. Cross, county judge, failed by a majority of 694 votes of a total of 10,579 cast, according to the com plete official figures compiled to day by County Clerk Miller. Failure of the board in precinct No. 10 In Oregon City to make an immediate return upon the recall held up the official tabulation. The vote on the recall was as follows: Yes, 4915; no, 5564. HYLAM MAY VISIT COAST Mayor of New York Departs From Gotham for Chicago. NEW YORK, Nov. 13. Mayor John F. Hylan left today for Chicago, where he said he would spend a few days resting. He may go from there to French Lick, Ind., and possibly to the Pacific coast. . , " He was accompanied by Grover A. Whalen, commissioner of plants and structures PLACE WON BY ONE VOTE Unofficial Returns Upset in One Pennsylvania District. WASHINGTON, Pa., Nov. 13. Un official election returns were upset today when the official count in the 46th state senatorial district showed G. B. Sprpuls, democrat, the winner by one vote. Colonel J. E. Barnett, republican was returned the victor in- the unof ficial count. Revival Considered One of Phenomena of Age. BRITISH COURSE IS SCORED Prussian Methods Said to Have Been Used by Army. KEMAL NATION'S HOPE Unification of People Declared to Have Beep Accomplished by Leader From Angora. BY CLARE SHERIDAN, Staff Correspondent of the New York World. (Copyright by the New York World. Pub lished bv Arrangement.) CONSTANTINOPLE, Oct. 2. (Spe cial Cable.) When I first arrived in Constantinople I was bewildered by the beauty of it, by the complication and the individuality of it, by the chaos occasioned by inter-allied con trol. I saw Constantinople, but 1 did not see Turkey. Today I see, and I begin to under stand. Almost the greatest phe nomenon of our age, after the Rus sian revolution. Is the spirit of Turk ish nationalism. It is genuine, it is Immense. Consider that these peo ple were beaten in the world war, badly beaten. They already were poverty-stricken, dispirited and crushed, and when the oriental is downhearted he is surely down. They were to such an extent in ex tremis that they begged lor an American mandate. They were will ing, even eager, to be a protectorate of the United States, but the United States refused. British Are Welcomed. Then came England with her army of occupation. England, although an enemy, meant something to the Turk. England had a tradition not of power alone but of justice, mod eration, liberality, fair play. The Turk is by Instinct friendly, suscep tible to kindness, . easily won and hypersensitive. He liked all he had ever heard about the British and he welcomed them to his bwn. ' But just as individuals have been changed by the war, so have na tions. England acquired something during those years of war that she Has been unable to throw off. It is as If the old England of tradition had been killed and a new England stood in its stead. Toward the Turk England exercised all the Prussian militaristic methods she had ac quired during the war. She tried to colonize the Turk, treat him as though he were a Bedouin or Nairobi native, offended him, bul lied him, ordered his house 'as though he were not in it. In fact, what England did for so viet Russia, England has done for HIGH TIME. I ' - . - ' J 'OdHT YOU TH MhT 7 I -. - XS TIIAE to : -' ! 1 i CHANGE: THE- j --1 SYSTEM? ffxp, L iSgii tin.. wwmn it ii n my wmaww , mmuwi i I V J , Burner ' - h Chicago Opera Season Opens Simultaneously With That of New York, With "Aida." NEW YORK, Nov. 13. To Marie Jeritsa, the sensational coloratura soprano from Vienna, who captured New York by storm lact season, fell the honor tonight of opening the 1922-23 Metropolitan opera season. Singing the title-role in "Tosca," the tragic opera for many years linked with the name of Geraldine Farrar, the newer star earned a tremendous ovation from the first- nighters. The opening was the usual bril liant social event. The famous dia mond horseshoe sparkled with all ts old-time charm of pretty women and distinguished men the women in rare gems and costly gowns, the men in conventional black and white. Orchestra, parterra, balconies and gallery were crowded, too, and there were the usual hundreds of music- loving standees and the claques. This time there weren't any Gerry flappers in the claques, or if there were they were silen,t before Jeritsa, who had risen to the place of their jdol. But If the voices of Gerry flap pers were stilled, those or the loi lowers of the vivacious Viennese soprano were not. Her's was a great reception a tribute to the new and vivid "Tosca" whose voice sought out and found all the golden magic of the music Puccini has wrought around the crrim Sardou play. It marked Gatti Casazza's begin ning of his 15th season as general manager. Scotti, who sang the wily Scarpia on "Tosca's" first American presentation in February, 1901, again sang the role tonight. Martinelli was Manio. Signor Moranzoni con ducted. CHICAGO, Nov. 13. With every seat occupied and the boxes glitter ing with the most brilliant array of jewels and gowns seen in the audi torium, a notable presentation of "Aida" opened the first season of the Chicago Civic Opera company here tonight. Three debates marked the in augural of the opera under the de cision of the civic sponsors who have replaced the wealthy promoters of other years. In Bouskaiya, a young Russ.an in the role of Amneris, the regal Egyptian princeps In love with Radames, the captain of the guard Cesare Formichi, the Italian bari tone, in the part of Amonaero, and Melvina Passmore, a, young Ameri can singer, were all received with applause. Anna Ludmlla, a Chicago girl, appeared as premiere danseuse in the first presentation of the Bohm ballet. " The greatest personal triumph was scored by Rosa Raisa, as the slave girl. Aida, while Charles Marshall, singing Radames, also was well re ceived. The baton was in the hands of Georgia Polacco, principal con ductor and artistic director of the company. Mary Garden, director of the or ganization last year, but this year appearing only as an artist, will make her debut tomorrow in "Car men." , France-Italian Treaty Signed. ROME, Nov. 13. A commercial treaty between France and Italy was signed at the foreign office to day. Prosecutors Seem Not Disposed to ; Proceed Against Man Who Sided With Strikers. EMPORIA, Kan., Nov. 13. Attorney-General Hopkins of Kansas has written County Attorney Boynton of Lyon county that t'he attorney general's office will not participate the trial of William Allen White, Emporia editor, for putting up in a window of his newspaper office a poster expressing 50 per cent sym pathy with striking railway work ers during the recent shopmen's strike. White was arrested shortly after the poster incident and charged with violation of the state industrial court act. His close friend and comrade in arms, Gov ernor Allen of Kansas, brought about the arrest, but the "case has never come to trial. - The attorney-general, who has gone on a wedding trip, declares that he did not bring action and will not push it. He is said to have told mutual fj-iends he did not be lieve there wis any law for convic tion of White under the facts. But White demands trial and is depending on hiB friend, Governor Allen, to give him an opportunity to test his case in the courts. "It is unthinkable that this case should be continued or dismissed," I said White. "The facts are indis putable. It is merely a question of law. It is an important question. It should not be open for another governor to deny the right of free utterance to any citizen. If the governor was wrong and if I am wrong, it should not be possible for any citizen to mistake his rights. "If I am arrested and not to be tried, I have merely been ku kluxed. Whatever attitude the attorney general may take, I have unbounded faith that the governor will bring this case to trial and if it can be appealed to the supreme court through conviction upon the facts that the administration will fight it honestly and vigorously through the courts. Governor Allen Is too good a sport to quit this case now. I don't mind arrest. I don't mind conviction. ( I don't mind even going to jail to prove to the people of Kansas what kind of a law they are carrying on their books, but I would not like to rest for life under the suspicion of taking up a case that means nothing and gets nowhere--justt for a little notoriety." GIRL CONDUCTS WEDDING Feminince Justice of Peace More Nervous Than Bride. VANCOUVER, Wash., Nov. 13. (Special.) Esther .Peterson, Clarke county's new girl justice, officiated today at her first marriage cere mony, which was for James J. Shaw, 35, of Missoula, Mont., and Mrs: Esther Norton, 25, of Amity, Or. Miss Peterson, who is 23 years of age, was elected justice of the Fruit valley precinct last Tuesday and was appointed to the office last week by the county commissioners to fill in the portion of a term which will ensue before the elec tive term begins, Miss Peterson confessed after the ceremony that she was more nerv- ous than the bridal couple, as they I had both been married before. Supreme Court Passes on Federal Statutes. TWO 0L0 CASES SETTLED No Reference Is Made to Diplomatic Significance. WIDE ATTENTION LIKELY Intent of Congress to Exclude AH Except "Free White Per sons" Declared Clear. WASHINGTON, D. C, Nov. 13. Japanese cannot be naturalized in the United States and cannot be come citizens of this country, the supreme court of the United States decjded today in its first constru won of federal statutes bearing on the subject. The decision was the first delivered by Justice Sutherland as a member of the court and was handed down in a case brought by Taka Ozawa, who in 1914 applied for citizenship in Hawaii. The ruling is expected to attract wide attention not only in the United States but abroad, notwith standing the failure of the court to make any reference to its diplomatic signiflcan-e. The case has been long pending in the supreme court, and last term when reached for argument during the conference on limitation1 of armament and far east ern questions, its consideration was postponed at the request of the de partment of justice. Another Case Also Heard. sNo reference is to be found in the decision to the "gentlemen's agree ment" under which Japanese im migration into the country has been regulated. . . The government did not object to the argument of the case when it wag reached at' this term and the court advanced. and heard at the same time the i case brought by Ta kuji Yamashita- and Charles Hio Kono against the secretary of state of Washington. In the latter case the two Japanese had been natural ized by a superior court of Washing ton prior to 1906, the date of the present federal naturalization stat ute, and at a time when it was con ceded section 2169 of the revised statues, which restricts naturaliza tion to "free white persons" and those of African birth or descent, was in full force. Inferiority Not- Implied. In the Ozawa case the court stated that "there is not implied either in the legislation or in our interpre tation of it any suggestion of indi vidual unworthiness racial in feriority. These considerations are i In no manner involved.". It also referred to the "compli mentary" terms used in describing in the papers presented to the court "the culture and enlightenment of the Japanese people." W'ith such an estimate, the court said, it had "no reason to disagree." Such matters, I however, Justice Sutherland stated. could not enter into the decision of the case. "We have no function in the matter," he said, "other-than to ascertain the will of congress and declare it." ExhaiiKtive Analysis Made. The two questions decided by the court were whether the general nat uralization act of June 29, 1906, was limited by the provisions of section 2169 of the revised statutes, author izing the naturalization of "free white persons" and those of Afri can birth or descent, and whether, if so limited, Japanese were eligible to naturalization. In an exhaustive ' analysis of the 'history of the legis lation the court held that section 2169 was in full force and that under It Japanese could not obtain citizen ship in this country. The court stated that "in all of the naturalization acts from 1790 to 1906, the privilege of naturalization was confined to white persons (with the addition in 1870 of those of Af rican nativity . and descent), al though the exact wording of the various statutes was not always the same. Congress' Policy Emphasised., "If congress in 196," it added, "desired to alter a rule so well and so long established, it may be as sumed that Its purpose would have 'hftftn definitely disclosed and it legislation to that end put in unmis takable terms." Declaring that it is the duty of the court "to give effect to the in tent of congress," the opinion pro ceeded to determine the intent "by giving the words their natural sig nificance." Emphasizinz the long established policy of congress to restrict nat uralization under 'section 2169. the court found it "inconceivable that a rule in force from-the beginning of government, a part of our history as well as our law, welded into the structure of our national policy by a century of legislative and admin istrative acts and judicial decisions, would have been . deprived of its force In such a dubious and casuU fashion." Having sustained section 2169, the (Concluded on Page 4, Column 2.) Proposals for Strike Next Spring Are Laid Before National Convention in Chicago. (By Chicago Tribune Leased Wire.) CHICAGO, Nov. 13. Proposals to call a general strike in all essen tial industries next spring, to force release of all J. W. W. still held in federal prisons for seditious ut terances and acts during the war, were made today at the opening ot the 14th convention of the wobblies, which is scheduled to run 21 days. The proposition was the principal topic- today and met with much favor. The agricultural branch of the I I W. W., which includes the harvest hands, is strong for the general strike. Another live topic at the convention is the fight of the Ma rine Transport workers branch, which is under way at Portland, Or , San Pedro, Cal., and Philadelphia. The general executive board ot the I. W. W. has ordered all foot loose members to flock to San Pedro, to protest in various ways against the large number of arrests made by the police. Eastern wobblies have been ordered to pursue simi lar tactics in Philadelphia, which they consider their stronghold and which is endangered by the activ ities of the police. A call has been issued to all trans port workers to refuse to handle goods to or from Philadelphia. The proposed Invasion of Portland has been called off, as the local committee there reported it had tne siriKe well in nanu. iuuie umn tvv arrests had bqen made when the invasion was halted. ii , t j r i Ann' GENERAL WRIGHT IS ILL Condition of ex-Sc,cretary of AVar Reported Critical. MEMPHIS. Tenn., Nov. 13. Physi cians attending General Luke E. Wright, ex-secretary of war and governor-general of the Philippines during the administration of Presi dent Taft, who is ill at his home. reported his condition today as crit ical. General Wright was the first United States ambassador to Japan. STEAMER IN DISTRESS Monte Grappa, in Gale, Sends Out Call for Assistance. NEW YORK. Nov. 14. An S. O. S. call was received at 3 A. M. by the naval radio station fromthe Italian steamship Monte Grappa, which re ported she was listing to port in a heavy sea and required assistance. She gave her position as latitude 43:18, longitude 41:55. CHANCELLOR HITS SNAG Wirth's Attempt to Reconstruct Cabinet Checked. BERLIN, Nov. 13. (By the Asso ciated Press.) Chancellor Wirth's attempt to reconstruct the German cabinet has met with a check. The refusal of the German peo ple's party to designate suitable conditions for portfolios is held re sponsible. INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maxim uro temperature, 64 degrees: minimum. 32 degrees. TODAT'S Fair; continued cold; easterly winds. Foreign. Turk's spirit seen aa marvel of age. Pare 1. Lady Astor Is center of hot political bat tle. Page!. Danger ot rupture in near east smaller. Page 3. Quake death list grows rapidly. Page 1. ' National. Mellon's tax plan blocked by J he election. Page 4. American Railroad association orders 1000 empty boxcars to be sent to north west. Page 1. Japa.nee lose fight for United States cit izenship. Page 1. Pennsylvania to have advantage in com mittee heads in new congress. Page 2. Democratic senators say league of na tions was not issue at recent election. Page 8. Poison net is spread for another "woman. Page h6. General walkout planned by I. W. W. Page 1. Grand opera, seasons ooen simuitaneously in New York and Chicago. Page 1. Elder republicans begin to see necessity of yielding to younger men. Page B. Ship subsidy bill creates loar. fund. Page 6. Iomestic. Mr. Doyle explains trick on magicians. Page 5. Indictment of woman and two men asked by Hall-Mills - investigators. Page 3. Kansas attornes'-general not disposed to prosecute -William Allen White. Page 1. Pueific Northwest. Seattle and King, county officials rolled I by Judge Brittitns cnarge to grand Jury. Page 4. Sports. Ortega and King battle tonight. Page 14 Baseball season to open April 3. Page 14. Schaefer defeats German billiard cham pion. Page 15. Commercial and Murine. Tug Cricket, sunk in collision, to be raised soon. Page 16. Milling wheat In strons demand in northwest. Page 22. Heavy selling of foreign issues unsettles bond market. Page 23. Bond market drop explained by Portland investment Danner. t-age a. Foreign exchange centers day's interest. Page 23. Portland and Vicinity. Forty-three thousand pupils hear chest appeal. Page 12. Several state senators in race for pres idency of upper house. Page 9. Phone cut unjust, company argues In asking injunction. Page 1. Modification of Portland's ban on tuber cular patients asked. Page 13. Norman Repp, boy shot by peanut venaor, dead. Page 8. Drunken revelers get Jolt in court, Page 9. Company Argues Plea for Injunction. TECHNICAL POINTS DEBATED Order Also Held Arbitrary and Confiscatory. ELECTION TRICK CHARGED Action Week Before Election De clared to Rave Been Move to Win Teoplc's Votes. With the charge that the trie phone rate reduction order, issued by the state public service commission on October 30. is arbitrary, unjust and confiscatory, and that the com mission was influenced by the fact f.at one of the members of the body was a candidate for re-election, the Pacific Telephone & Telegraph com pany yesterday argued its plea for an injunction against an execution Qf the order in the Lnited States district court. Three federal judges William B. Gilbert of the circuit court of ap peals of San Francisco, and Robert S. Bean and Charles E. Wolverton. local district judges, sitting en banc, heard the arguments. The entire day was taken up in the presentation of the phone com pany's case and the state's rebuttal of their claims. The matter was taken under advisement by the court. An opinion is expected within a week. Another ('line Pond Ins Yesterday's action was but an other chapter of the long and bitter fight for lower telephone rates. An other case is now pending in the state ' circuit courts. Two public service commissioners have been recalled from office because of their stand on the matter, and for more than two years the question of tele phone rates has beea dragged from commission to courts and back again. The telephone company, through one of its attorneys, Omar C. Spen cer, did not mince words in throw ing the charge of playing to the gal leries at the public service com mission. "All these things this sudden d termination to reduce rates were done a week before election, when one of these commissioners was a candidate for re-election. They were elected on the promise to re duce telephone rates, and their principal plank was rate reduction," Spencer stated. Emergency Need In Denied. "The commission claims that an emergency existed, that these new rates are emergency rates. The only emergency that I can see is that emergency caused by the elec tion." The history of the telephone re duction fight is a hectic one. On May 21, 1921, Commissioners Will lams, Buchtel and Corey, constitut ing the commission, granted an in crease in rates on the application of the telephone company. Im mediately thereafter a wave of pro test arose throughout the state. Dif ferent municipalities demanded a rehearing, which was granted. Noth ing was done, though, to reduce rates. The recall campaign started. and at the primary election in May, Williams and Buchtel were swept out of office and T. M. Kerrigan and Newton McCoy elected to their places. Th- two successful candi dates had pledged themselves to working for lower telephone rates. New Hearing: Is Ordered. On September 9. seven weeks be fore the general election, an order was issued by the commission for a new hearing of the telephone mat ter. The corporation asked for time in which to prepare its case. The hearing opened on September 13, was postponed until September 26 and was continued intermittently for several days. Then on October 30 came the temporary order reduc ing tolls on telephones in private residences. The telephone company immediately applied for the injunc tion in the federal court to prevent the state from putting the order into effect. Charles' H.. Carey and Omar C. Spencer represented the telephone company, Willis K. Moore the attorney-general and H. M. Esterly the public service commission. The tele phone company's argument and affi davits, printed and bound in book form, were presented to the court. One of the volumes contained 219 pages of printed matter, the other 96 pages. Company's Case Outlined. Spencer, in .outlining the company's- case, asked for the protection of the court on the grounds that the new order, if put into effect, would reduce the company's revenues to such an extent as to amount to con fiscation. He quoted the fact that in the past six years six such corpo rations had been forced to seek re lief from the Uniced States supreme court and 30 others from lower fed eral courts. Spencer declared that the new or- (Concluded oa Page 2, Columu 1J