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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Dec. 6, 1919)
i - i - - ; I THE - WEATHER. Vff 1 Jffv Vffl (1 ' "-- ..vmvti. xrrr, ' """ """"" g . . - - SALEM, OUF.GOV. SATIUDAV HltixriECI3lhEK" O, 1 6 19. : IIUCeTIi V K CKXItt. NEW HEARING IS ASKED ON PHONE RATES Reasonableness of Lower Charges Is Challenged by Phillips and Refund Order j Held Without Authority CO-OPERATION WITH BOARD IS PROMISED Difficulties Incident to Feder al Control Furnish Excuse for Laxity The Pacific Telephone & Tele graph company will ask' for -a new bearing before the Oregon public ser vice commission regarding the rea sonableness of the decreased rates which the commission placed in ef fect on December 1 by an order is ' sued: last Monday. " This announce-' ment was made in Salem yesterday in 1 a statement by W. J. Phillips of Portland, divisional commercial su perintendent of the company, through W. If. Dancy, local mana ger of the telephone company. The statement asserts that the rates as fixed are too low to afford the company a reasonable return, and that the commission was without le gal authority to make the order for refund as made in the commission's decree. Mr. Phillips admits that the company', service is not as good as the public is entitled to but attri butes this to industrial conditions and he transfer from federal to pri vate control. ' His statement in full follows: "The I commission's order reached me the; afternoon of December 1. and as : found therein. December 1 was designated as a reasonable time for th nrHer tn Hafnma atfafttv It - . wiU bei appreciated that this coin cidence; eonld not be avoided by the commiesloa, but It nevertheless pre sented to us an exceedingly compli cated arid difficult? roblem which could nut be Instantaneously solved. As I said In my first statement, how r ever, thja company and its officer's and engineers immediately devoted themselves to an analysis of the or der. This analysis having been com pie ted, I am glad to announce for the information of the telephone sub scribers jof the company and the pub lic generally what our attitude to ward this order will be, and I think candor calls for an expression, in a " brief way, of our opinion with ref enee to the order. itself. , Conditions Complicated "First, and most important. I de sire to (announce on behalf of -the company that, with the hest good nature that we can command, we pro pose to iobey this order, both in let ter ndj in spirit. This is not be cause w$ are satisfied with the order, nor because we concede that the or der is fair and reasonable, but we recognize that the -j commission was confronted with some exceedingly grave problems from its point, and that onrj effort to make our position plain before the public, has been greatly complicated 1 and made ex cedlnglyidifficult by the fact that the hearing and presentation j Involved have rmji concurrent with govern ment control and -the passing of that control irith all the difficult ques tions of jurisdiction as well as the relative equities involved. For this reason we are not disposed to In dulge In detailed criticism of a re ult which we think is in fact quite , tinfair. j Authority Held Lacking "FirstJ with reference to the or-Jan for and .. its disposit ion or the mat ter of legal rates: 1 It is the opinion of the ccjmpany, guided by its legal eonnsel, that as a matter of law the commission has no authority to make n order of refund such as has been attempted. However, regardless of our legal conclusions, the fact re mains thit in course of the hearings ' In this proceeding the company vol untarily jpledged Itself to make re funds from August 1, to allots pa , Irons of (any difference in the rates roll ected -land the rates as established fcy the commission. , In view of the opln Ion received by the com . mission from the attorney; general, he commission has goe spmewhat beyond this stipulation "Our position f that whether or not t jare bound by this commis sion's conclusion, we are bound bv 0J"r voluntary stipulation, and any jfort on our part to reconcile the of'ferencp between these two view points wpuld be a hopeless matter makejpiain to jour many patrons, 'or 'his j-eason and a desire to avoid further rhlsimderstandings with our Patronsjijm this point, we. will carry nt oorkstlpulat ion modified to con form to Jthe order which the com nilgalon fcas made. This puts us in jhe POBiflion of conforming strictly the ohier as made by the com mission fhether or not it Is legal, nd further put, un n rne position of (Continued on page 2.) EMMA GOLDMAN BIDS PALS GOODBYE HABEAS CORPUS PROCEEDINGS FILED ANARCHISTS REMOVED TO ISLAND NEW YORK, Dec. Z. Alexander, he available to carry on a legal bat Herk man aril Emma Goldman, Am-! tie. erica": two most notorious anarchist spent tonight at Ellis Island. They were surrendered to the immigration authorities at noon upon demand of the department of labor to await de-l within the pale of the law any radi portation to Russia after preaching cal utterances they may have ''made their doctrines in the United States ' an1 ,nat-deportation to soviet Russia for 30 years. - y While on the way! to their counsel. Harry W einberger, was j appearing before Federal Judge Ma jer wun a petition for writs of hab eas corpus in a last effort to nullify the deportation decree. The writs were granted and are returnable Monday. Weinberger said he would insist that his clients be produced in court beforde Judge Mayer, who sen tenced them to two years for ob structing the" draft law. There was no way of determining tonight whether legal proceedings ! would delay the departure of Berk man and Miss Goldman for Russia. The government has not announced hen it expected to have a shin av ailable and Weinberger declined to state whether ha would .take their cases to the United States supreme court if the lower courts decided against them.; It was pointed out. however, that the $30,000' in liberty bonds used as bail for them would AMERICAN VERDICT RULE TURK LOST DAMAGE CASE FALSE ARREST IS CHARGE Dec. ! 5. -'ThU: PORTLAN'D, Or., is an American verdict," a 'jury in the state circuit court here today in- formed Judge Robert G. Morrow, who as judge had presided in the damage suit against the city of George Christ a Turkish alien. The verdict was for the defendant. Christ had sued for damages, alleging unjustified arrest and assault by two police officers who suspected him of bootlegging. Yesterday Judge Morrow declined to dismiss the suit on the request of attorney for the city, based on the claim that Christ was not entitled to the, protection of American courts. At that time Judge Morrow expressed the opinion that, Christ should re ceiver the same treatment in court as a citizen. . Travel Is Discouraged Because of Coal Shortage ; Heeanse of the coal shortage sit uation orders have been issued by the railroad administration, accord ing to advices received by the pub lic service commission, for a."curtail ment of train service to bare neces sity. Unnecessary travel by the public is discouraged. - TREMENDOUS OVATION IS GIVEN WINIFRED BYRD, PIANIST WHOSE TALENT ATTRACTS WORLD NOTICE Superlative in her artistry, mar velous in her technical accomplish ments. Winifred Byrd, latest Amerl: can pianistic wonder, triumphed be fore a capacity home-town audience at the armory last night. Her ap pearance on the stage called forth ovation of welcome, during wnicn the audience rose in a noay. diminutive wonder artis, with her shock of thick brown bobbed hair and short blue dress of pan velvet stood beside the piano, she resembled in size and appearance a girl of 14. a. ft A. Ua M A rianis- in miniature u uc pui And those tiny, small hands! Could it be possible that those hie enough to play hands were Liszt, one thought. ' Bt't. lo Her fingers moved on the keys What techrhue; what, a mastery. Those fingers, the tiniest of any gret pianist, did not prevent her from expressing all the tremen dous fortisimo effects wnicu ner big Liszt numbejs calted for. The big effects were magnificent, and the lighter passages .superb in their por etlc sympathy. Her interpretation was modern, even electrifving at times. It vae full of !ndJriduality and yet scholarly in its apprecia tion of the great master's idea's. Chopin is Miss Pyrd's favorite com poser, and she playad the numbers br this master with a spirit and un derstanding which rnly Iovv can I:?i:g forth.- ' . Bv far her most magn;nwr.t and brilliant number was the legend, "St. Prances Walking on ih Water.!' by Liszt, when she fairly brought won ders for the piano It In Itself is magnificent, but when interpreted by this "little devil of the keyboard" one marvels that such is possible. This piece, bv the way, is Miss Hyrd's favorite, and she enys she revels In The hatir'u:; corpus petition was based Uion the contention that Miss Goldman is an American citizen by marriage: that the constitutional right of free speech has brought would be il'.-ygil because the I'nited States has not recognized the bolshc the island. ! vilri ICcN" Removed tn Mand Meanwhile. Rerknian and Miss Goldman will be held at Kllis Island with 82 other radicals awaiting de portation. After they were surrend ered today, searched and inspected by doctors, Herkman was put in a room with seven ringleaders of the recent hunger and silence strike against deportation hearings, while Miss Goldman was sent to the quar ters of two girl anarchists who parti- cipated in th hunger strike. Fearing immediate deportation of the' two anarchists, half a dozen wo men radicals accompanied them, on the trip to Ellis Island and kissed them both farewell. Miss Goldman's "farewell" mas sage to her followers was: "Love and comradeship to all lib eral and revolutionary people." Both predicted a revolution in this country within five years. TAX LEVY WILL RAISE $42,000 Marion County to Match State Fund for Building of Mar ket Roads County Judge W. M. Bushey an nounced yesterday that in the bud get for 19 20 the county court will provide far a tax levy of 1 mill on all taxable property of the county to provide a market road fund to match dollar for dollar money available from the state for that purpose. The amount that will be'ylelded in Mar Itffc county for 1920 on the basis of a 1 mill levy will be about $42,000. At the legislature of 1919 a bill fathered by Senator Walter M. Pierce of La Grande was passed pro viding a state tax levy of 1 mill to produce a market road fund, this to be apportioned td those countieR making a county levy of 1 mill tp match the state's apportionment, me state levy will produce about $1,000. 000 and if all the counties take ad vantage of the act the total will be about $2,000,000. With Marion county raising $42, 000 under the act the same amount will be' forthcoming from the state mak-intr about $84,000 for market mad in addition to county bond money. ,'Its tremendous octave runs and heavy passages. Rudolph Ganz pave this masterpiece a short time ago in Portland wjhen he. appeared with the Portland Symphony orchestra, and many who jheard both spoke of Miss Byrd as the favorite. Miss Byrd opened her concert with the fantasie, opus 48, by Cho pin. And the abrupt and alert be ginning passage, as it was interpre ted by this wonder pianist, electri fied her audience. She is equally welL with the dain ty staccato or the beautiful melodi ous, as she early displayed in thH number. Us soft strains seemed to be enchanted as they drifted from the keyboa:d. Again in' the Mendelssohn-Liszt "On the WihKS of Song," the sweet pathetic notes fell J like magic through the room. For! her first encore Miss Hyrd played the "Tu'-kish March." by Beethoven, and It wa so well liked by the audi ence that she was compelled to re peat it. "The Easle," by Mcpowell. was beautiful, and again expressed the wonderful tecnnicai acmracj that is Miss Byrd's. "The Witches Dance." by McDowell, was especially enjoved by the hons. and it was noted for the nfastertul way in which the extremely difficult trills were handled.' "The MAJThe Militaire." by Sebu-bert-Tausig, came as a magnificent climax to her concert, and was very beautmil in its interpretation. Her last appearance was when she played as an encore. "La Campanella." by Liszt, which was marvelous. j Clarence Whltehill did no' sing as was scheduled, due to a change in date of his European ensage- nunt. Charles F. Bulotti. tenor, of (Continued oa Page 6.) CABINETACTS TO TIDE OVER COAL FAMINE Fuel Administrator Is Called to Capitol to Consider Big Problems Resulting From Present Fuel Situation OPERATORS SAY REPORTS VICIOUS AND MISLEADING Compromise With Mine Work ers in Payment of Wage De mand Held Impossible WASHINGTON'. Dec. Z. -The gen eral coal situation was discussed to day at a meeting of the president t's cabinet but there was no intimation of what new step wasc onternplated by the government to meet growing appeals from various sections of tho country for. enough fuel to keep the big industries in operation. Fuel Administratord Garfield sum moned here from his home in Massa chusetts to take up some of the big problems developing in the last few days, and Director General Hines told the cabinet what had been done Dr. Garfield later conferred with de partment of justice officials and the executive committee of the bitumin ous coal operators. The fuej ad ministrator indicated that coal pro duction was increasing over last week. Report Held Misleading The operators' committee issued a statement characterizing as "vic ious and misleading" published re ports that they wer4 considering pro posals to compromise with striking mine workers by pkying more than the 14 per cent Increase suggested by Dr. Garfield, and increasing the price of coal. Ther will be no com promise, they said. 1 In connection wijh the action of the federal conrt fat Indianapolis ordering a grand July to Investigate their actions with a view to bringing indictments under the Lever act. the operators cent a telegram to District Attotrney Sims at Indianapolis ask ing that the hearings be expedited. The southwest coal committee an nounced tonight it had received manv reports that retailers in various parts (Continued on page 2.) TABOR IS TAKEN AS SUSPECT IN MURDER ACTION Brother of Woman Found in Trunk Held by Sheriff in California GUILT OF CRIME DENIED Mother of Maude Tabor Will Be Arrested Today for Po lice Investigation WEED. Cal.. Dee. 5. Walter Ta bor, alleged to be a brother of the late Miss Maude Tabor, who-e dead body was found in a trunk at Law ton. Mich., a few days ago. was ar rested here todav bv Sheriff Andrew Calkins. Mrs. Lester Tabor, his mother, arrested and held at Bray, will be brought here tomorrow, it was said by the sheriff. Prisoner lenieM Killing YREKA. Cal.. Dec. 3. Sheriff A. S. Calkins returned to Yreka tonight from Weed where late today he took into custody Walter Tabor, ' brother or Miss Maude Tabor, whose body was found in a trunk at Lawton. Mich., last Monday. . Tomorrow-Sheriff Calkins will go to I tray, where he will place under arrest Mrs. Lester Tabor, believed to be the mother f Hie dead girl. Tabor when arrested made empha tic denial of any connection with the death of his sister, the sheriff said. KLFCTIOX INFORMATION. 'The voting place for' the spe cial school election Monday win be in the sample room at the rieht of the entrance to thev Marlon hotel on South Commer cial street. The election is called for a vote on the question of an addi tional tax levy of 1 mill for the purpose of increasing the pay of teachers. The polling place will open at 2 o'clock In the afternoon and will remain open until 7 o'clock. Taxpayers only, who reside within the. Salem school dis trict, are entitled to vote. MISS MARJORIE KAY, WH0S ENGAGEMENT TO H0LL1S HUNTINGTON IS FORMALLY ANNOUNCED - t At a formal dinner at the Gar.wna Phi I'-ta sorority hou at the I'niversity of Ore gon Wednesday nifht an nouncement was Made of the encasement of Miss Marjorie Kay daughter of Mr. and Mr. Thomas It. Kay of Salep.i, to Mollis Ifuntingion of The Dallas, famous in Oregon ath letics as star fullback on the univorkity eleven. Mis Kav nd M-. Hnntinr ton are both members f the scr.ior da. nJ both among the inokt prominent students CATHOLICS WILL 51 1D. T? B.0Y! j BUILD NEW HALL'? ?u5ht. m. UJA1! Moil em Firenronf Structure! ' to Replace Old Landmark on Chemeketa ' A -decision has been reached by the people of St. Joseph's parish to erect a new hall on the site of the pn-Fent St. Joseph's hall on Chemeketa street between Cottage and Winter streets. The old building will be razed. All details as to dimensions and in terior arrangements have not Ix-e Iimpletcd. but Hev. J. U. Ituck, p- tor of St. Joseph s Catholic church. is workinr thes out. However, n structure two Moris hih. One floor will contain a large assembly hall, also equipped with a moiern stage. A gymnasium, club rooms, and a mwl uvltuor,! UenSriS; features of th'1 build in p. The Mru. ture ill ha double the of t- present hall. The new hall Is to be erected in the Immediate future. A new church to replace the, present structure which was dedicated in 1889. is als. n-u templated. but not immediately. The old St. Joseph's hall which is to be replaced by the new buildinc I a Salem landmark. It was originally the first Catholic church in Salem, and as such was dedicated April Id. 1864, by Most Reverend Archbishop F. N. Blanchet. assisted by Very Rev erend Father UUtme. V. G.. and Rev. Father S. Goens. It was known as St. John's church. From the time of the first del:--tion services of St. John's church to the time of the erection of the nw church under the natronate of St. Jo- ,eph. 1889 the following prie.ts were in charge: from June. U6t, to uc, tober. 1872. Father SabastMn t.oens: November. 1872. to September. IV,-. Rot.. Father F. iKCraone; October. 1873. to February. Thlbau; February. 1874. tO DeCcm- ber. of the same year. Father .Mc- Cormick; December. 1874, to Aucus-t. 1879, Father Dieleman: Sep.eniler 1879. to December. 1887, R r. V. Capelle and from then Rev. rath-r White took charge. Tinrntv-fwn Official ! Hunters Work in State 1 Twenty-two official hunters in Oroccn during the month of October worked a total of days and killed 2 animals. i7 per cent of which were predatory, according to a report in th office of Dr. W. H Lytle. state vetrlnarlan. ' The animal? killed wre 171 coy- mes. , I boncafs. one monntain uon. ne near, live imager, one skuhs an-. one con. The total in salaries and expenses pa.ft om was ia..: ',I which $7T.r..T.o was from the Oregon ctKiperative fund. . Reports have reached here of coy otes killing stock rh eastern Oregon and in some places, women and chil dren are reported" to have been at tacked by coyotes afflicted with ra bies. In most instances the animaU were killed before damage was done. .X V ... : . 1 - on the carjpus. Miss Kay ia n honor student majoring in f t norap. is the woman ten nU champion f the university and an off let r of the tennis Huh. She i a member of the Gar.ir.ra Phi I'eta sorority. Mr. Huntington returned to the tinlversity lat fail after serving with the Vnited State marine, where he won further" in fcotoall. Thomas U. Kav. father of Min Kay. was formerly state treasurer for eight years and Is head of the Thomas Kay woolen mills. CHINESE ALLEGED VICTIM ASTOKIA. Or.. Dec. 5. Tw" youths suspected to be the astas ias of ' Frank Gowan. a Chinese clothing merchant, who was mur dered in his store here November 29, were captured today at. Clear Creek.. Utah, according to news re ceived tonight by Sheriff Nelson from Sheriff Kelter of Price City. The prisoners are William Wilson, aged 19. and P. A. Iiranner, aged 17. The evidence aeainst them, while circumstantial, was said by the sherift to be strong. ! JENKINS FREED ON YANK ORDER i American Consular Released After Civil Authorities Post $500 Bail WASHINGTON. Dec. 5. William O. Jenkins. American consular agent imprisored at Puebla. Mexico, was The American embassy In Mexico City reported his release In an offi cial dispatch received by the state department this afternoon and al most at the same time news dis patches were received from Mexico City which said a check for $500 had been deposited with the civil authori ties at Puebla. Thi difference In the two reports teemed to raise some doubt as to whether Jenkfns was released un conditionally on the diplomatic rep- r - VetherV; hWn roaanlsttnn nf th. I'ntlsj4 Qfvlu w n m M fWIA. ronfHi ( K , ' ; r:r, ."Iv,! ' I . . l.vmanv .virrrui. Hons. SEWER' EXPLOSION STARTS PANIC FLAMES SHOOT HIGH INTO THE AIR SEVERAL PERSONS ARE INJURED NEW YORK. Dec S. Hundreds of theater soers were thrown into 'a panir Unizht by an explosion of fewer rj. in the White l.iicht dls - K:ict. wr'fh. blew tbe tops off a nore of maT,boIe. endins blue flames : Uapinff a!ove the pave-nent. Police rPS,.r4?ll 1,1 t t ummonei tor. in- trol the frightened crowd. .Twenty-seventh street was budly Hundreds of per"on4 in adloining shaken and practically all windows biidincs ifirhed into the streets, broken. neiievinr th?t an earthquake had , The heavy plate gla- wlndowin ocf-ur'-ed. Windows were shattered the New York TetephUi.f oropan lor blocks and electric !ight throueh building in Broadway were shattered, out the recion wrre extinguished. J The explosions continued for al The rinting of private burglar ' most an hoar. 2 SENATORS FIND WILSON ON QUI VIVE Report of Release of Jenkins from Mexican Prison Comes in Midst of Interview With . President SITUATION RELIEVED BY LATE DEVELOPMENTS Executive Very Weak But , Mentally KeenJests . About Rumors WASHINGTON. Dec. 5l Two rea ltors delegated by the foreign rela- , tions coram it tee to confer with Pres ident Wilson on the Mexican crlils and report whether. In their opinion. the president, by reason of bit 111- ne. was unable to exercise his fooc- . tions. left the White House after a conference of three-jnarter of an hoar with him today 'agreeing that he was In touch with recent develop ment and was mentally keen eooocb o form Judgments oa the qaestions confronting tbe nation. Jewklas i Freed la the midst of the conference while Senator Fall, New Mexico, wa outlining the evidence on which he is urging a break of diplomatic rela tions, thei president and hLs callers were informed thatt W. O. Jenkins, the American consular ageat Jailed at Puebla. Mexico, had been released. The advices left some doubt as to the circumftances but the develop ment was accepted generally aa re lieving somewhat relations between tly two governments. The discurslon with the president produced no definite conclusion as to Mexiesn relations, but it was regard ed everywhere as bearing on a sab led' of endless 'speculation In con, fret. ion al circles tbe extent to which the long illness of the chief ex ecutive has rendered him physically incapable of tbe duties of the presi dency. V Willow Weak lint Ken i Propped np In bed the president talked of many of the feat litre of the Mexican tangle. With a right hand and arm free above the. bed rover, the senators said, ha shook hands with them and took np and read papers which were oa the table beside him. He was described as weak and nervous, but It waa aald h Jested about exaggerated reports of his Mines, and promised within a few days to give congress his advlc : on what it should do about Mexico. No lwtwa Yet "My opinion Is that be has been a very sick man. but is Improving. said Senator Hitchcock. "He has a. pretty good Idea of the Mexican situ ation, and although he did not give a final decisian on the subject he In dicated that loo many serious consid eration were Involved to warrant hasty action. Announcement of Jenkins release, it was said by thoM present, gave the conference Its only dramatic tarn. The news was telephoned to' the White House after the senators ! d. "d. n commnnicated to Dr. Grayson by Secretary Tumulty. Returning to the sick room while Senator Fall, one of the bitter est critics of the administration's past policy toward Mexico, waa la the midst of his argumeut for a dip lomatic break. Dr. Grayson Informed the president that Jenkins bad been set free. Full Continues Argument All of those present expressed grat itude with the news, and then Sen ator Fall resumed his statement. II is chairman of a sub-committee which, has investigated the whole subject of Mexican relations, and he told ha president much of the evidence (Continued on page. 6.) e e alarms added to the confusion. At I Itruadwav and Twentr-ievrnth street - a wide crack ap:eared In he side- lwalk. 1 Seeral persons were seierrly In jured by flying glas. . A building occupied by the wur rar.:p community f-ervlee In Went