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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 25, 1921)
It's All Here and It's All True
THE FINAL SPORTS The last of the
afternoon editions of The Journal is the
"Final Sports," It not alone contains the
latest news in the sporting world, but the
latest news of every kind. It la up-to-the-second.
If All Here and It's All T
THE WEATHER Tonight and Tuesday.
fair; northwesterly winds.
Maximum temperature Sunday :
New Orleans... 14 Portland T4
New York M Botes IS"
St. PauL M Las Angeles
PRICE TWO CENTS
VOL. XX. NO. 119.
Entered u Second Clu Matte
t Poetoffice, Portland. Oresoo
PORTLAND, OREGON. MONDAY EVENING, JULY 25, 1921. FOURTEEN PAGES
TAN Ot Mil
Dr. B. R. Shoemaker of Roseburg
Sure He Saw Dentist Accused
of Murder on Road Between
Crescent and Fort Klamath.
Roseburg, July" 25. "I passed Dr.
Brumfield Friday afternoon on the road
about 30 miles from Crescent, near Fort
Klamath," said Dr. B. R. Shoemaker of
Roseburg, who arrived home today in
his automobile. Dr. Shoemaker is posi
tive that he passed the missing dentist.
He is well acquainted with the fugitive
and says the man was driving a new
Chevrolet car with license applied for
tags on It
As the Shoemaker car passed, the man
thought to be Brumfield stopped his car
and peered at Shoemaker. The man was
wearing a heavy beard and large gog
gles but Dr. Shoemaker says he is cer
tain he was Brumfield.
Shoemaker notified the Klamath au
thorities but no word has been received
from them by Sheriff Starmer. Shoe
maker did not make an attempt to show
his- recognition to Brumfield but hur
ried by. fearing that the man would
attempt murder. Sheriff Starmer is
certain that the man was Brumfield.
Harry Hildeburn, another Roseburg
man, passed Dr. Shoemaker near Fort
Klamath and the doctor told him of
passing Brumfield. Hildeburn speeded
- towards the place where Brumfield was
seen. The officers are trying to get in
touch with Hildeburn, but it is believed
he may be pursuing the fugitive.
Springfield, in., July 25. (U. P.)
Governor Len Small today apparently
had won his fight to force postponement
of his arrest and trial on charges of
juggling $10,000,000 in state money until
after his term of office expires.
Sheriff Henry Mefeter of Sangamon
county, on whose shoulders will fail the
duty of serving the warrants, told the
United Press he would not use force in
efforts to arrest the indicted governor.
Master's statement brought relief to
the state capital, where pictures of
armed clashes -between state militia
called to protect the governor, and sher
iffs deputies, vividly drawn in reports
and rumors, have kept the populace on
The sheriff told the United Press he
would, make an honest effort to serve
the warrants if so instructed by the
"I may cause the governor some
worry," the sheriff said. "I will try to
use diplomacy and tact, but I will not
As it will be necessary for force to be
used to bring Small into court, as long
as he continues his present attitude, it
was apparent the situation would rest
at that rather indefinite stage until the
governor has completed his term of of
fice or is willing to submit to arrest
Bt RMES WATCH SMALL
. Judge E. S. Smith is expected to hand
down his decision tomorrow holding
Small subject to arrest and order the
sherriff to take him into custody. The
sheriff will probably notify the governor
that he holds a warrant for bis arrest,
and there the matter will drop, if the
governor does not change his mind and
decide to stand trial. In the meantime
Governor Small was taking no chances.
Burlies watched the executive mansion
closely and guarded the governor
wherever he wenLJPfTS governor's ad
visers were prepared for a coup.
Reports were current that a battalion
of state troops under Colonel A. E.
Liorenson would be ordered to Spring'
field to protect the governor today. If
this is done, it is expected to be
demonstration to show the length to
which Small and his friends are willing
to go to prevent arrest.
GOVERNOR STANDS TAT"
"It makes no difference what happens
to Len Small, but the governor of the
tate cannot yield to politicians or
' monev interests." the executive said.
"I took my oath of office and there
is no power that can restrain me from
"The governor cannot abide by his
oath of office and surrender tne so
e reign ty of the executive power with
which he has been instructed.
Subchaser Will Be
Sent to Baitdon, Or
Washington. July 25 (WASHING
TON BUREAU OF THE JOURNAL)
The navy department has Informed Sen
ator McNary that subchaser 295 will be
ordered-to Bandon. Or., for Pythian cele
bration beginning there July 28.
Pilot Jack Clewstace
Seagull left Portland. .1:03 p.m.
Tillamook, July 25. John Af falter Jr.
of Sandy, 27 years old, was instantly
killed on the road half, way between
Neskowin and Ore town about 2: IS
o'clock this morning when his motor
cycle overturned, throwing him to the
ground and breaking his neck, skull and
jaw. His cousin, Fred Af falter, and the
latter's wife, of Neskowin, who were in
the sidecar, were thrown out but were
According to the coroner, who brought
the body here, the three had imbibed
some wine at Neskowin before starting
for Pacific City. The coroner said that
tracks of the motorcycle for some dis
tance wavered from one side of the road
to the other and that at the point of the
accident, 30 miles south of here, they
showed the motorcycle had swerved from
the road and that the dead man had
turned so sharply to get back that the
machine had overturned with the basket
The dead man was unmarried and dur
ing the war served with the coast artil
lery corps. Nothing is known here of
the whereabouts of his brother, Albert,
who is said to have accompanied him
to the Tillamook district from Sandy. A
report from Sandy that the brother was
injured is apparently without foundation.
Washington, July 25. (I. N. S.)
Charges that "employes of the govern
ment" have Intercepted his mail were
made today before the house committee
investigating the escape of G rover Cleve
land Bergdoll, by Representative John
son of Kentucky, who staged a scene
in the committee Saturday when he
attempted to assault Charles Braun.
brother of Bergdoll, after an exchange
of harsh words.
Johnson displayed a letter which he
had received from Philadelphia and
charged that it had been tampered with
and demanded that Chairman Peters
take action to prevent any of the em
ployes of the committee from interfer-
j Ing with his mall or any evidence he
might secure bearing -on tne case.
The alien property custodian should
demand that Mrs. Emma C Bergdoll
produce the $105,000 In gold which she
and her son, Grover Cleveland Bergdoll.
are alleged to have buried during the
war. Representative Lull ring. Indiana,
told the house BergdoU committee today.
Major Bruce R. Campbell, charged by
Mrs. Emma Bergdoll with accepting a
(5000 bribe from her to "fix higher-ups"
so that Grover C. Bergdoll might be re
leased, scored a point in his defense to
day, when his father, William R. Camp
bell, Lexington, Ky ., tobacco hogshead
manufacturer, corroborated the story of
his son as to where he obtained the $6500
which he deposited with New York brok
ers about the time Mrs. Bergdoll says
she gave Grover $5000 for Campbell.
The father testified that the son had
in his presence deposited $5000 with Col
onel Milton Young. Lexington race horse
king, for speculative purposes.
Following an executive session of the
investigating committee, the announce
ment was made that no further hearings
would be held and that a report of the
committee would be submitted to the
house in the near future.
VICTIM IN STREET
Houston, Texas, July 25. (L N. S.)
Literally riddled with buckshot, the body
of M. C. Benson. Galveston county cat
tle man, was brought to Houston today.
He was killed at League City by un
known assailants as he was walking in
the street, shot four times by a shotgun.
Police believe there may be come con
nection with the shooting and the whip
ping by masked men of G. C. Benson,
brother of the slain man, at Dickinson
several days ago.
KU KLUX KLAN ATTACKED
IN LEGISLATURE OF TEXAS
Austin, Texas, July 25. (I. N. S.) A
resolution by Representative Wright
Pat man and others condemning and
dennouncing the Ku Klux Klan and de
manding William J. Simmons, imperial
wizard of the Knights of Ku Klux Klan
of Atlanta, Ga.. to keep his representa
tives out of Texas, waa read in the
house this morning, but before action
could be taken the time for considering
resolutions had expired and action on
the matter went over until tomorrow.
BlaZe Sweeps Tug;
Damage Is $15,000
Bremerton, July 35. The tug Robert
C. owned by Charles Cornell, burned to
the water's edge at Harper today. Fire
was caused by a backfire from the en
gine as the tug backed away from the
pier at Harper. The loss is estimated at
Meeting Called for
Camp Fire Girls
An important meeting of all Camp
Fire Girls and Guardians is called for
Tuesday evening at 7:30 in the Story
Hour room of the Central library, at
which time final plans will be made for
opening the summer camp on the Clack
amas river. Saturday. August 6.
New York OOO 100
R. H. F-.
S 0 0
Fmesant 300 oil to
6 13 2
MAIL VIOLATION -CHARGES
DEATH IS TO
BE ASKED FOR
IS. A. AGEE
Wife, Accused of Slaying Her
Husband With Razor, Faces
Prosecutors, Visibly Affected
by Ordeal; Jury Being Chosen.
That the state of Oregon will ask 12
jurors to proclaim the life of Mrs. Ann
Louise Agee tribute to the law was indi
cated this morning when Mrs. Agee'B
trial on charges of first degree murder
for the slaying of her husband. Harry
Agee, on June 11, was called .before Cir
cuit Judge Morrow.
Prefacing the examination of every
man called to the jury box was that
ominous question, uttered by Deputy
District Attorney Joseph L. Hammers-
ley, In charge of the prosecution, "Do
you have any scruples against capital
Six jurymen had been temporarily ac
cepted when court recessed at noon.
Sobbing quietly, the "grim widow."
whose lips have been sealed since that
fateful morning when her husband was
found dying at the doorstep of the Agee
home, 1770 Druid street, with a rasor
slash across his throat, was ushered
into a courtroom, where every available
seat was taken. With her was her
father, D. J. Swing, who came from his
Missouri home to fortify his daughter,
and Miss A. Williams, a special dep
uty sheriff, whose presence was re
quested for Mrs. Agee by the Prisoners
Aid society of Oregon.
In the long corridor outside the court
room was a line of people extending from
the door of the trial chamber almost the
full length of the Multnomah county
courthouse a line composed chiefly of
women and containing many who are
constant attendants at such trials as this,
as well as many neighbors from the vt
ctnity of the Agee home.
Mrs. Agee's counsel is beaded by John
(Concluded on rje Two. Cobuan Two)
Plans for. Portland's proposed new
railway terminal, being worked out by
city officials and representatives of
transcontinental railroad lines, meet the
approval of Louis W. Hill, chairman of
the bqard of directors Of the Great
Northern, according to a statement made
by Hill following an Inspection of the
terminal site Sunday morning.
The head of the Great Northern ar
rived early Sunday on his way from
Glacier national park to Del Monte, Cal.
He was accompanied by Mr a Hill
and their three sons and daughter.
The party was traveling in one of the
business cars of the Great Northern
and left for the south Sunday night.
Hill and his family were guests of W.
F. Turner, president of the S. P. t S.
railway, and Mrs. Turner. They were
taken for a trip over the Columbia high
way, accompanied by John C. Ainsworth
and members of his family.
Greeks Chase Turks
In New Offensive
Athens, July 25. (I. N. S.) The
Greeks have pursued the Turkish Na
tionalists 28 miles east of Eski-Shehr,
it was announced officially today.
WHERE LAW SEEKS ITS TOLL FROM "GRIM WIDOW"
HEMMED in by legal counsel, as a throng of spectators tat expectantly by, the state of Oregon today opened its battle for the
life of Mrs. Ann Louise Agee, whose tightly sealed lips have refused to shed light upon the mystery of the tragic death of her
husband, with whose slaying she is charged. Mrs. Agee is seen in the center of the group of three immediately in rear of
counsel's table, with her father, D. J. Swing, at her left and Miss A. Williams, special deputy sheriff, at her right. About the table
in the foreground are her attorneys and those for the state in this fight for "a life for a life" Prom the left: Samuel Pierce, dep
uty district attorney; Circuit Judge R. G. Morrow, trial jurist; John Collier, chief of the widow's counsel; Henry Collier and T.
Walter Gillard, of the defense staff.
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Lost Lad Dies
Eugene. July 25. A three day search
for 7-year-old Goo rye Emerson Miller,
son of Mr. and Mrs. Frank Miller of
near this city, was concluded Sunday
afternoon at 4 o'clock, whan his body
was recovered from the swift flowing
McKenzie river at Belknap Springs. He
disappeared from Belknap Springs Fri
day afternoon and a party of 100 camp
ers had been searching night and day
for the lad in that mountainous region.
It is thought that the
frightened when a camper playfully told
him that he was going to cut off his
ears, as he disappeared soon after. At
2 o'clock Sunday he came out of the for
est two miles upstream from the springs,
and, seeing a fisherman on the opposite
shore, frantically rolled up his trousers.
despite vigorous warning from the man
across the turbulent stream, and waded j
to his death. He was crazy with Joy to
a human being, according to the man.
who helplessly witnessed the tragedy.
FRANCE YIELDS IN
Paris. July 25. (I. N. S.) Tension be-
tween France and Great Britain over
Upper Silesia was eased today as the re-
suit of a conciliatory note from Paris
to London, according to the well In-
formed Echo De Parts. This newspaper
the supreme council to meet within 10 Babcock concluded his direct exam
days for discussion of the Upper sue- I 1 m t inn and Shaw romjTMnfri on mtmm
slan Issue. At the same time France
agrees lo aoanaon aci maiovcuw ui
tne experts comuirie meir luon m
Upper Silesia before the supreme coun
(Paris dispatches last week quoted
Premier Briand as saying that he could
not consent to a meeting of the supreme
council before the end of August or the
first of September.)
A more truculent view was taken by
"England." said the Matin, "is quar
reling with France because she promised
Upper Silesia to Germany if Germany
signed the indemnity ultimatum in Lon
don last May. In any case, France re
fuses to be bluffed and intends to dis
patch the necessary troops to Upper
Silesia despite the veto of Premier
Despite the reported movement to
ward an Anglo-French compromise, it
was reported that France was making
preparations to send the eleventh division 1
to UDDer Silesia.
Owtna to the refusal of Germany to
permit the passage of French traps
r-... .nil ,mnMiMti r-r
man- tn ,nrt th. tnw. via At.tw.rn and
On Tip From Victim
Chicago. July 23. (I. N. a) Mrs.
Amelie Panico. suspected by the police
as the slayer of Mra Mary Esposito, In
the latest of the "bloody 19th" ward feud
killings, surrendered to the police lata
this afternoon. She maintained abso
lute silence, characteristic of the feud
slayings, 10 of which have occurred In
the "bloody 19th" this year.
Mrs. Esposito, widow of the first
victim of the ward's warfare, which
has now cost 11 lives, named her assail
ant as she lay dying from stab wounds
in Columbus hospital. She was the first
victim of the feud to ever tail authorities
who had made the attack.
Tt waa tn unwritten law ftf flano-la ri(.
if a man waa wounded, not to tell who
infiWArf th ininrv
Mr. Rsnnatto waa mortalhr atabfeed
iamt after aha left a weddlnc celebra-
tinn she waa the first woman victim
of the feud. She named Mrs. Amelia The opinion la prevailing today that
Panico as the woman who attacked her. Japan will formally announce her ac
Police surrounded Mrs. Panico'a home, coptanra of President Harding's tnvita-
but were unable to find her.
IS OPENED IN
Mjr Babcock, Expert for Port-
land. vTOSS-LXSJTI I n8Q DY Com-
eCw jsa j" . . w
pany Lawyer, Who Hurls 'Ding
bat Into Rate Rehearing,
By Ralph Watsea
Staff C iiimiiiIH of Thm Journal
Salem, July 26. James T. Shaw, coun
sel for the telephone company, varied
his system but stuck to his practice this
morning of hurling a "dingbat" instead of
a bomb into the telephone rate rehear
ing proceedings just prior to the noon
After the smoke had cleared away It
was discovered that It was "telechro-
nometer" that Shaw waa talking about
and. after he had assured Assistant City
Attorney Totnllnson that "it is conceded
that It is no longer a dingbat." the sun-
shine of good humor came back for a
moment, and everybody adjourned for
It is evident that the big battle has
. jy i
mmin.in. . iHtmrnr that th matnr
offensive hSsl begun
Shaw started to wade right in at the
jump-off by asking the major if he waa
'prepared la all candor to assure us that
you have told year whole story." To
this Babcock replied that he would be
able to answer them after Shaw had
completed his cross examination.
"Have you been candid as to whether
you have any personal interest In the
development of the selective ringing and
party line service 7" Shaw asked after
having recalled to the witness that his
chief testimony had to do with the per
fection of these devices, which the Pa
ciQc company does not
ATS ME WAS CANDID
Babcock said he had been candid, and
Shaw asked him again if he had any
personal Interest In the development of
dingbat" for Use in connection w
these angles of the telephone business.
"uiif " uociuciu u m w
' this "dingbat" by the adoption of a
kctrve ringing and party line eervice
eoilarTr worth of sis proouct la Oregon.
I another million dollars worth in Weafa-
Babcock said that the adoption of im
proved methods would affect his business
only in logical proportion to the normal
expansion of the telephone business.
TOM LIN SON OBJECTS
Then Shaw asked : "Do yea refuse
to enlighten the commission as to your
connection with the company manufac
turing this device?" and Babcock ap
pealed to the commission, contending
(Oaadaast oa Par Two, Column Three)
Tokio, July 25. (L N. S.) America's
reply to Japan's Inquiry regarding the
Mendn of the Far East conference is
ta the hands of the Japanese foreign
office today. It wan transmitted to the
foreign office on Sunday by Edward
Bell, the American charge d'affalrea.
tlon within a few days.
Police Receive Tip President of
Chicago Bank That Failed for
$1,000,000 May Pass Through
Sound on Way to the Orient
Seattle. July 25. Working on an im
portant clue, city and private detectives
are today searching Seattle for some
trace of Warren C. Spurgln. president
of the Michigan Avenue Trust company.
Chicago, who disappeared shortly before
a shortage of more than $1,000,000 was
discovered In the bank's accounts.
Spurgln is believed to be leaking pas-
e to the Orient with his wife and 21-
year-old daughter. Seattle detectives of
the police department have been asked
to watch for Spurgln by the local man
ager of a detective agency who is di
recting the search.
DAUGHTER'S FIANCE 6ITES
TIF ON XISSIKG BANKER
Chicago. July 25. U. P.) The Inside
story of the flight of Warren C. Spur
gln. president of the defunct Michigan
Avenue Trust company, previous to the
discovery of a shortage of more than
11.000,000 In the bank s accounts, was
revealed to the United Press today by
the fiance of Spurgtn's daughter.
Herman Byler. a dapper young chap,
employed by the American Discount
company, a concern which Spurgin
headed along with his bank, gave the
first clue as to the direction of the
Byler. who was engaged to Spurgin'
attractive 21-year-old daughter, Vivian,
said be was called to the Spurgin home a
week ago Saturday.
PREPARE FOB FLIGHT
"The home waa in confusion.' Byler
said. "Everyone was flying around,
packing trunks and covering the furni
ture and pictures. I was asked to take
(Ceuulsdrd ea Faea Two. Casraa Tkrw)
I DAMAGED BY EIRE
London, July 15. (L N.
which raged for several hours
giant Canard liner Mauretania at South
ampton, was under 0001x01 late today.
The Mauretania la one of the biggest
and finest passenger liners plying the
Atlantic She displaces 30,704 tons and
was once the queen of the Cunard fleet.
She was built In Newcastle In 1907. Her
sailing pert was Liverpool. She la 72
feet long and M feet wide.
Out in TJ. S. Taxes
Washington. July tt. V. P.) Fed
eral taxes can be reduced by from $500,-
000.000 to $750,000,000 a year if strict gov
ernment economy is put In force. Repre
sentative Fordney. chairman of the
house ways and means committee, said
Fordney made this statement after
coming from a conference at the White
House, where he called to ask If Presi
dent Harding bad any suggestions for
the next revenue law Fordney's commit
tee is now framing.
Henry Albera local miller who was
convicted of violating the espionage act,
la insane, blind and paralysed, accord
ing to the official report of Dr. Joseph
F. Wood. Vocal physician, which was
made public this morning by United
States Attorney Lester W. Humphreys.
Dr. Wood Albers last week at
the request of the government prosecu
tor and reports that Albers Is mentally
deranged moat of the thus, that he Is
totally blind, that his left side is para
lysed, that he has hardening of the
arteries and that there la little or no
hope of Improvement in his condition.
MAT DELAT ACTION
"I have notified the attorney general
concerning Dr. Wood's report. said
Humphreys this morning, "and requested
permission to have the case stand with
out further action for the present. 1
have also requested authority to dis
miss the indictment against him pro
vided the ailments prove permanent, as
Dr. Wood believes."
Asked as to his personal belief In the
matter Humphreys said: "That while
his condition is as it Is. I ought not to
take any action against him. However
if his ailments are permanent It will ap
pear that he is adjudged by a power
even higher than the courts."
Albers waa sentenced to serve three
years at McNeil's Island prison and pay
a 110.000 fine by the local federal court
for violation of the espionage law. The
verdict was affirmed In the circuit court
of appeals, but reversed In the supreme
court after SoUcitor-Oeneral Frierson
confessed error. The case has been re
manded back to the Oregon federal court
for "further proceedings.
DOCTOR HAKES EFFORT
The mandate of the supreme court
arrived here last Thursday.
Dr. Wood's report to Humphreys fol
At your leqneet I examined Henry
Albers of Mllwaukie, Or., and report
-He la suffering from a enronic
arterio-ecleroels and a short time ago
had aa attack of cerebral hemorrhage
tanalng a paralysis 6f the left aide of
his body. He also has some in te reran 11
pathology causing a total blindness or
both ayes. Ha suffers a great deal of
pain In hta head, is delirious and men
tally deranged moat of the time, requir
ing repeated doses or morphine to Keep
him quiet. He la entirely helpless and
It la my opinion that there will be little
or no improvement In his condition."
nothing on the poison
by Ah Stag in his tin still
creek ranch, says Denaty
Sheriff J soph Beeman this morning
Thai stuff la the cloeest thins to mur
der I ever saw. said Beeman. pointing
to the 10 gallons of whiskey be and
Deputy Sheriff Chrlatoff ersen found Sat
urday night at Ah Sing's cabin.
In addition to the $0-gallon tin still.
the officers found about 100 pounds of
some mysterious leaf, which the China
man was mixing with corn, barley
and rice, to make his moonshine.
This is the first time in the history
of the sheriffs office that a Chlnstnan
has been discovered making corn whis
key. They generally confine helr oper
ations to making sakl out of rice.
The deputies found an enUre
used for the distillery. In addition to
the still and raw products, they found
29 barrels of fermenting mash
Ah Sing waa not at the still h
when the raid was made, but was super
intending his hired help on a 4 1-acre
tract a short distance away. After his
arrest he watched the deputies break up
the 2$ barrels. They did not do the same
to the etUl. but dismantled it. prepara
tory to taking it to the courthouse as
Ah Sing endeavored to persuade the
sheriffs to subject the still to the same
fata as the barrels, so all evidence would
be destroyed and so he would not have
to go to JaO. But the officers did not
approve of his plan. When he realised
that arrest was Imminent, he la said to
have assumed all responsibility for oper
at ing the still, and pleaded Immunity for
hie hired help, whom the officers were
about to arrest.
Don't Murder My
People in Ireland,
Pleads King George
New York. Jury JS. L N. S.) What
ever success may spring frm the con
forosjc i ii now going on between Lloyd
George. De Valera and Sir James Craig
in search of an Irish settlement, will
be due to the Initiative of King George
and his visit to Ireland, according to
Lord Northeliffe, here today on his
H. Wickham Steed, editor of Lord
Northcllffe's London Times, was au
thorised by the publisher to Issue a
statement to this effect.
"Are you going to shoot all the peo
ple In Ireland?" the king is said to have
demanded of Lloyd George.
"No, your majesty," the premier re
plied. "Well, then. said King George, ac
cording to Northeliffe, "you must come
to some agreement with them This
thing cannot go on. I cannot have my
people killed la this manner.
King George then went to Ireland per
sonally. Northeliffe said. He saw Gen
eral Smuts and interested him In the
Irish question. The cabinet triad to spike
his pence efforts bet the pablt: re
sented this and when George and Mary
returned from Ulster they had the big
gest reception since lilt.
Burns Up at Sea
London, July sL L N. S The
tainrlrsn steamship Parthian caught
fire and sank erf the North African
coast, said a News Agency istgat'T1
from Ore. Algeria, today. An on heard
ware saved. The cargo of silk and cot
ton was lost. The Parthian, a freighter
o 2SW tons, hailed frees New Torn-
. M&kmmmhm -
Will Oppose $100,000,000 Fun.
to Finance Agricultural Prod
ucts; Railroad Plan May Hit
Snags; Message Is Awaited.
By J. Bart CasipbeU
Washington. July IS. (I. N.
Congress Is awaiting with mixed fee 11
today the submission of the administra
tion's two-fold plan for rendering sub
stantial financial assistance to both the
raSroads and the farmers by broadening
the powers of the War Finance corpora
tion. Close scrutiny will be given the details
divulged by the president's message to
morrow of the agreement reached be
tween the administration and the rail
road executives whereby it is proposed
that the railroads snail receive approx
imately $00,000,000 in cash without the h
in nail of a congressional appropria
tion. MAT MEET OPPOSITION
The president had his way after a
short but bitter fight when he decided
that the senate must defer action on
the soldiers' bonus bill, because of the
financial condition of the country's re
sources. His followers In congress be
lieve he will be equally successful m
securing the adoption of the adminis
tration's propoeil for funding the claims
of the government against the railroads
and the claims of the railroads again
Even his most ardent supporters in
ingress concede, however, that the
president is likely to experience tonsil
arable more opposition when it comes to
tadMsBBi the railroad situation again
than he had when he urged the ditching
of the soldiers' bonus bill.
Another angle of the situation which
alas threatens trouble In congress for
administration is the president s
pronounced, opposition to the Norrls bill
to create a $100,000,000 federal corpora
tion to finance agricultural products, a
aaure he Jiae green senators to under
stand be will veto If it should peas and
MBit to htm. Even with the backing
of the senatprial agricultural bloc It Is
not expected, however, the Mtt WW. pass
The president Is suggesting as s sub
stitute for It that the wax finance cor
poration be empowered to deal exclu
sively with the difficult problem of find
ing ample foreign markets for American
farm products i.r.d the separate corpora
tion the Norrte plan would set up. be
entirely eliminated. Another amend
ment to the Norrls plan la to strike ou
Its provision to empower the government
to purchase agricultural products for
TRADE MARK HELD
FRAUD BY COURT
Federal Judge R. 8. Bean refused
this morning to protect the rights of
the owner of a trademark, when the
trademark waa a misrepresentation and
a fraud open the public "A court of
equity cannot be a party to such a trans
action. he said.
The opinion was in cortnectlntB with the
suit brought by Howard Winter x1
the Tallant Grant Parking company,
charging them with using the Hapgnod
brand salmon label, of which be la the
The court found that the Tallaat
Grant company had ceased using the
label in 110. after they had been warned
that they were violating the pure food
laws, and therefore held thaf the salt
waa not Justified, but added that he
would take further cognisance of the
case and stated that even the plaintiff
had no right to use the label.
The Hapgood labels In question are
said to state that the salmon was packed
at Waterford. Wash., whereas' the court
found that no salmon la packed there
at the present time or has been for some
time peat. The Judge held that this waa
a misrepresentation and fraud upon the
Winter owns the label and tf urn taken
It to canneries In consideration of SVa
per cent com mission on sales. He solo
labels to the TaJlant-Qrnnt pes pis. Pot
alleged in his complaint that tfney had
similar labels printed which were used
on largo quantities of salmon peeked by
The suit started in the local federal
court during September, 1920.
With Broken Limb,
St Helena. Or., July 25. V.
M years old. was forced Saturday
call upon the sheriff, from whom he
escaped, for aid after he had fallen,
while crossing South Scappooea creek,
and suffered s broken leg. He waa taken
to Good Samaritan hospital in Tin lis ad
Spencer escaped a weak ago when
made a trusty two days before his &
day sentence and $100 fine on a bootleg
ging charge would have expired. He he
mslned In the woods three days . and
nights before attempting to leave the
district- The accident resulted when he
slipped on a rock. He crawled Into a
field and his cries brought neighboring
farmers, who called the sheriffs office
at his request.
gpencer asserted that he wea en bis
way to collect 9X0 from a man named
Shape, to whom be had loaned the
money while In Jail that Shape might
pay his own fine on a nostjsg,liuT
charge. He said he
to Jail to compile hie