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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Nov. 29, 1921)
THE WEATIIKR. The Statesman receives the leased -wire report ot the Associated Tuesday, rain; strong southerly 8 ralfia. I irress, we greatest and most re liable press association la the-. SEVENTY-FIRST YEAR SALEM, OREGON, TUESDAY MORNING, NOVEMBER 29, 1921 PRICE: FIVE CENTS mmmwm nn LPU f : ' - -v.-.... - DEFENSE ENDS TESTIMONY IN BIG Eli CASE Unsuccessful Effort Made to Introduce Evidence By George Lennon, Detective At Hotel. COMEDIAN TELLS OF NOTORIOUS CAROUSAL Hundreds Rush for Court Room When Actor, is 1 .Sent to Stand SAN FRANCISCO, Nov 28. The defense closed its case at 5:25 tj. m. today in the manslaughter trial of Roscoe C. (Fatty) Arbuckle after an unavailme effort to have evi dence bv Geonre Glennon, house detective of the Hotel St. Francis, introduced into the record. Glennon is reported by the defense to have made a state ment tending to exonerate Ar buckle of any responsibility for the fatal injuries m Vir ginia. Miss Ratroe's 'death was made the basis of the charge against Arbuckle. 5 Th prosecution expected to follow with two days of rebut tal testimony after the ae fense rested. - - : Arthur H. Crane, a juror, was said bv an attending phy sician to be bo ill that his at tendance may no be possible. Tn the event he is excused, Stephen E. Hopkins, alternate juror, will take iiis place. It was regarded as the "big day" of the trial by the coun sel for both sides, With :Ar- " buckle himself the direct cen ter of the day's activities. He took the stand to testify re garding hi3 part in the party in his rooms at the Hotel St. Francis in which Miss Vir ginia Rappe, motion picture actress is alleged to have been fatally injured at his hands. Due to the failure of the defense to qualify a witness it had summoned as an expert, Arbuckle tok the stand be fore the time set for him to do so. His direct examination w was completed in 20 minutes, his attorneys leading him over the ground to be covered in such a short time that it sur prised many in ; the court room. . " ' r In, a clear, lend voice, and ap- Mrantlf In TtArfeCt COntrOl Ol hik speech and tola actions, Arbuckle iof that he inflicted the in- juries on Miss Rappe that bare ' (Continued on page 2) ARR ASSOCIATED CHARITIES HERE J 1 1 Salem is to have a charity service that serves along the lines of the old Social Service society that went out of exist ence .when the war brought prosperity and abolished poverty. Now the poor are back in sufficient numbers to need the best thought of all who can and will help. ' At : the meeting called at the Commercial club last night, to consider some form of associated charities to prevent duplication and pauperization In giving, and the bamboozling of the charitably disposed, the matter of charities wa sthoroughly gone Into. A num ber of clever hoaxes were laid bare, whereby fat, dirty, Bome " times greasy beggars have been hornswoggling the gullible public who thought j they were iving In a good cause ; whereas they were merely robbing themselves for the benefit of clever swindlers. - Frauds Are Recalled Mayor Halvorsea ; called up some of these hoaxes; the Rev. Albert Loughlrdge, commander M TfbsH ftJosff CHAMP COW IS REPORTED AT BROCKTON Kolrain Finderne Bess, Hoi- stein, Produces 1281 Pounds Butterfat in Year DELAVAN, Wis.. Nov. 28 A new milk producing champion for the territory east of the Rock ies has just been discovered, ac cording to an announcement to day by the Holstein-Friesian as sociation. She is a Holstein cow. Kolrain Finderne Bess, owned by F. V. Field Dutchland Holstein farms, Brockton, Mass. Her record is 32,563 pounds of milk in one year, slightly more than 16 Vi tons; and in butterfat she pro duced the equivalent ot 1281 pounds of butter. In milk production only three other cows have exceeded the re cord ef Bess, Segis Pieterttje Prospect j)i Seattle set the world s mark of tnore than B7, 000 pounds of milk in one year. Tilly Alcar- tra, of California is second and Zarilda Clothilde III. De Kol of British Columbia, third. I IS MEW DEPUTY Former Member of Police Force Takes Place Vac ated by Lee Morelock . Sam O. Burkhart, formerly a guard at the state penitentiary and who has also had experience as an officer employed at various times at a oatrolman on the local nolice force, has been appointed as deputy to succeed Deputy Sheriff Lee Morelock. He served as a member of the police force when Ira Hamilton was chief. Deputy Morelock leaves Sheriff Bower's office, December 1, wnan he eoes to Portland to accept a denutvshiD in the office of the United States marshal for this dis trict. Early Settler in Salem, Member of Conner Par ty, Passes Away LOS ANGELES, Nov. 28. Funeral services for Columbus Brown, 76 years old, who at the age of 3 came to California with his parents as members of the Donner party, will be held here tomorrow. The Browns reached San Francisco in 1849 and later removed to Salem, Or. Mr. Brown was connected with the United States customs service at As toria for 15 years. Coming to Los Angeles in 1887 he was em ployed lor a number of years in the city and county tax collec tor's offices. He was visiting his son at Mesa, Ariz., when hedied last Sunday. SI Bill COLIMIIS BROWN DIES III SOUTH MENTS MADE of the Grand Army, named others. E. A. Rhoten, who was the Leslie church Santa Claus last -Christmas day, told of a number of greedy graftings that had 'been carried on bv non-self-resoecting beggars who found it easier aud more profitable to beg than to work. It was a soft-hearted ETouD of close to 30 earnest men and women who were in attend ance at the meeting but they were not soft-beaded as they told of all these outrages upon the kindliness of those who want to be human. and helpful. In the end. the convention. made up of delegates fro m prac tically every civic and social body that carries on any- form of DECISION NOW HUT HID IN M ISSUE Americans Stand Out Firm ly Against Japanese Insis tence on Bigger Ratio of Sea Power. EXPERTS OF POWERS WILL C0FER TODAY Scene of Action This Week Likely to Be Transferred To Committees SUCCESS PROCLAIMED .WASHINGTON, $ov. 28. CBy The Associated Press; The British armament confer ence delegation through an au thorized spokesman took 'occa sion again today to let it be known there is every reason for the belief that the arm? conference will be a success. "The American, British and Japanese delegations are all op timistic and quite satisfied as to the progress made," said the British spokesman. WASHINGTON, Nov. 28 -The Associated Press) fJ3y The arms conference is approaching its first great decision It was rumored tonight by Vice 'Admiral Kato, chief Japan ese naval expert that Japan seeks a 70 per cent naval ratio. It also was announced with equal author ity that the American delegation stood firmly on Secretary Hughes' "5-5-3" ratio proposal which means a 60 per cent status ior Japan. The conference ultimately must reconcile these two views or accept one or the other to reach agreement. Seventy Per Cent Demanded Vice Admiral Kato said the 70 per cent ratio was the minimum necessary for Japanese security. The American view is that 50 per cent for Japan is the maxi mum naval -strength that could be accepted in view of the American liabilities in the Pacific. Tomorrow naval experts of the five powers will meet. They have concluded their inter-group dis cussions of the American plan, so far as its major factors are con cerned. Developments today and tonight indicated that they would return the matter to the confer ence delegates without recom mendations for important modifi cations. , , ? . Americans Stand Jinn The. American experts are sat isfied that the original estimates of naval strength were correct. Presumably the British officers are in accord with the American view in many respects. The French and Italian attitude has not been formally disclosed. Yet there was some indication that action by the committee of experts to sustain the American estimate ot naval facts and fig ores was expected. Whether Ja panese experts would submit mi nority views. was not known. , . In any event, it seems likely that the scene of action will be (Continued on page 2) TO FORM welfare work, agreed to adopt the constitution, or at least the plan of the old Salem social ser vice organization. This calls for a central governing body that keeps in touch with all branches that practice charity for the needy, and makes it a duty of specified officers to investigate all claims for help that have to go through regular channels be fore being acted upon. Committee Named A committee was., appointed, consisting ot six named by the chairman, Harry Levy, to Confer with the organizations of the city and get an outline of their ability and disposition to eo-opar-ate, as well as to lay out the plan for definite organization. The members are: Mayor George Halvorsen, . superintendent of schools George Hug, Rev. M. Fereshetlan, Manager T. E. Mc- (Continued on page 6) miuiuffi TEN MILLION FISH KILLED AT HATCHERY Loss to Oregon Industry as Result of Storm Will Ag gregate $1,200,000 PORTLAND, Ore., Nov. 28. Potential loss to the fishing in Ldustry of Oregon will amount to fl, 200,000 as the result of the storm which swept the Columbia river gorge last week, while the actual loss to commercial fldh batcberies will amount to $50,000 according to a report made today j by Carl D. Shoemaker, secretary of the Iish commission. Shoemaker and members of the commission made a survey of the storm damage in the Bonneville district Saturday. A total of 10. 000,000 young salmon were lost at Bonneville, and 2,500,000 1-year-old sockeye salmon were lost at Herman creek. Figuring a b per cent return on these fish Shoe maker has estimated the potential I loss. - ' j Hatcher buildings, dams and equipment all over the state were affected by the storm and flood causing damage estimated at f 50, 000. Advice has not been receiv ed yet as to the conditions at Oak Ridge, Santiam and McKenzie hatcheries. S MISS 1ST Miss Ruth Babb Appointed Head of State Physio Therapy Department Miss Ruth Babb, of Lake Grove, Ore., has been appointed head of of the physio- theraphy depart ment of the state industrial acci dent commission, according1 to Will T. Kirk. Miss Babb succeeds Miss Laura Heise who resigned to accept an appointment as misisonary in Bom, India. Miss Heist was on duty for the last time yesterday. Miss Babb served for two yeaTS and seven months in Waiter Reed army hospital at Washing ton, D. C, having received her ap pointment there in February, 1919. She received her training as a reconstruction aide at Reed collego in Portland. "Miss Bagb comes to us with the best of recommendations and fine experience in the work," said Mr. Kirk, "and we hope for big things." "Much to my disappointment," said Miss Babb, "I was not given an opportunity to serve overseas during the war. I received orders to report to Walter Reed hospital in February, 1919. I was there for more than two and a half years. Nearly 1500 patients are being cared for at Walter Reed now 1 ut when I went -there there were more than 2000." nm FOCH Leader of Allied Armies Will Be Greeted at St. Maries, Idaho SPOKANE, Wash., Nov. 28 Marshal Foch will be formally welcomed to Idaho and Washing ton tomorrow at St. Maries. Ida., where he will be greeted by state and American legion officials of the two states. Governor Hart of Washington. C. D. Cunningham, state comman der of the American legion for Washington, Lieutenant Governor W. J. Coyle and Henry A. Wise, state adjutant for the legion m Washington, left here tonight for St. Maries, where they will be joined by Don Leeper, state com mander for Idaho; Lester Albert, Idaho state adjutant of the le gion and others. At St. Maries, Marshal Foch will be asked to lay the corner stone for a new American legion building. Plans for his visit here will call for a private luncheon followed by a military parade through downstbwn streets and a public mass meeting In the state armory. In the evening Marshal Foch, National Comman der MacNlder of the legion and members of their party will be guests of honor at a dinner. The marshal's special train is due to leave for the coast at 1" P Bit " . - s l;l 111 Mrs CASE EFENDEO BT GIN no Nevada's Attack Upon Val idity of Film Star's Div orce Decried by San Fran cisco Attorney. JUDGE LANGAN'S DECREE NOW BEING CONTESTED Lawyer. Asserts That Attor ney General Had no Right to Upset Order CARSON CITY. Nev., Nov. 29. (By The Associated Press) Declarations that the attempt of Attorney-General Leonard B. Fow ler of Nevada to set aside Mary Pickford's divorce from Owen Moore "violates every principle of institutional government" and "is the first of it's kind and should be the last." were made by Miss Pickrord's attorney, Gavin McNab. San Francisco, in an answer filed in the state supreme court here today to Fowler's appeal from Dis trict Judge Frank P. Langan's rul ing upholding the decree. Miss Pickford was granted a de cree of divorce at Minden, Nev., March 20. 1920. bv Judee Lanitan and in a short time married Doug- las Fairbanks. Miss Pickford, Moore and Fairbanks are motion picture stars. On April 16, 1920, Attorney-General Fowler filed an action at Minden asking that the decree be set aside "in the inter ests of the state of Nevada." On June 25, 1921 Judge Langan up held the decision and Fowler ap pealed to the state supreme court. McNab's conclusions reached in his answer to the appeal follow in full: No Precedent. "This case is without precedent in jurisprudence. It is the first of its kind and should be the last of its kind. "It violates every principle of institutional government. "It is without warrant by the constitution of Nevada, by statute, by the common law or by judicial interpretation. "Official power and authority must be found in the law. They cannot be usurped. "No language can be found in any law that can be tortured into giving excuse for this attitude of the attorney-general. Deplores Firm Act ion "If Nevada had contemplated becoming a party in the form of plaintiff or defendant, or plain tiff against plaintiff and defend ant, in divorce, or any other ac tion, the state, through her peo ple or her legislature, would have articulated her purpose. "If Nevada had intended that her established courts were not to be the sole dispenser of justice, but that the attorney-general was to be a super-court,, over-ruling judicial determinations, disturb ing the orderly administration of justice and harrassing litigants, it surely would have so said. It is not thinkable that the people of the state could allow any official tp be at large without legal re strictions, free to constitute him self a bill of attainder as against any litigant. Hints at Injustice "The axiomatic principle of representative and orderly gov ernment is that law shall have a uniform operation. It cannot be delegated to any official to make the law unto himself and to select a victim for prejudice or caprice. That would be the end of free government. "That no attorney-general in the long history of Nevada ever attempted to exercise such powers should settle the fact of their non-existence. That the present attorney genera! has selected but one victim for this attempted ex traordinary oppressive and eccen tric interpretation and abuse of power amounting to persecution argues against its existence, even in his judgment. Official Oversteps Power "The people of Nevada could have contemplated that it should be left to the temper, prejudice or caprice of any official whether the law should, or should not be applied, nor that he should con fine the operation of the law to one person alone merely because that person was famous. "Nevada has exercised herselt in her laws as to the authority of her courts and the authority of other officials. She has given no (Continued on page I) FAMOUS SOLDIER IS MISSING FROM SHIP ON VOYAGE TO CUBA NEW1 YORK, Nov. 28. Lieutenant Colonel Charles W. Whittlesey, hero of the famous "Lost Battalion," has disap peared from the steamship Toloa on which he sailed Satur day for Havana, according to a wireless today. News of the famous soldier's disappearance came in the following messaged from the captain of theship: "Passenger named C- W. Whittlesey disappeared. Left several letters." Officials of the United Fruit line, operators of the ship, confirmed the fact that the passenger was Lieutenant Col onel Whittlesey through his relatives. Members of Mr. Whittlesey's law firm here were at a loss to account for his visit to Cuba. When he left the of fices of the firm Friday he announced his intention, they said, of attending the ArmyNavy game Saturday. His business associates declared his mind was clear and that he was apparently in good health otherwise when last seen. He was cheerful, they added, and declared they were unable tp explain his seemingly strange action in going away without notifying them of his plans. (Continued STIFF BUNGH OF FINES IS HANDED GEORGE KUSCHNICK Kind-hearted judges yesterday saved George Kuschnick. Gervais farmer, from having to go through the inconvenience of spending a total of 40 days in jail. How ever, Kuschnick, paid fines amounting to 320 in Salem and Marion county courts yesterday following his arrest when he drove his booze-laden Ford into Salem, Saturday nigbt. Kuschnick's fear of being taken before County Judge Bushey were not justified. Judge Bushey re cently handed out some stiff com bination fines and jail sentences and the bpoze-handling gentry are as keen for him as bearded mon keys are for safety razors. Fines Are Multiplied. The Gervais man was first taken before Judge Race yesterday morning and was fined $100 and given 10 j days for having liquor in his possession. Then Judge Race levied an additional fine of $20 upon Guschnick for cutting a corner with his car just prior to his arrest! by Sergeant Ellis. Judge Race suspended Kusch nick's 1 o-day jail sentence and al lowed him to depart to .Judge Lnruh's court where a third charge of transportation of liquor was written against Kuschnick. "Just' f 200 and 30 days," com mended Justice of the Peace G. E. I'nruh, after listening to Kusch- ANOTHER WANDER COW COMES FR01HARD BROS. HERDS Within a few miles of Salem, there is brie of the greatest Jer sey cows in the world, and her name is Ludy's Silken Glow. She is owned by Pickard Brothers. For the past year careful and official tests have been made of this cow's production of butterfai Yesterday a telegrdm was receiv ed by E.: A. Rhoten, from the American Jersey Cattle club of New York, as follows: "Lady's Silken Glow, final 14, S39 pounds of milk; 1038.59 pounds of batterfat. Placet; her third highest cow of breed." Few Ahead of New Find Only four cows of the Jersey breed have made an official rec ord of more than 1.000 pounds of butferfat and these are: Plain Mary, 1040.08 pounds, which is still the world's record Plain Mary lived in the New Eng land states, and died a few months ago. Vive La France, second in the woTld record, with 1039. 2 pounds of butterfat- She is own ed by Pickard Brothers. Lady's Silken Glow, just com pleted her: world record, with 1038.59 pounds. Had she pro duced ju$t one and one-half pounds more in the year, she would have broken all world rec ords. She is owned by Pickard Brothers. Sophia's Agnes, a Jersey for merly owned in the east, had a record of 10000.7 pounds of but terfat. She died some time ago. Thus, according to the official figures Of the American Jersey Cattle club, the twb greatest Jer sey cows in the world are within a few miles of Salem. And Vive La France the greatest living Jersey cow, has a record of only .70 ot abound more batterfat in on page 6) nick's plea of guilty. ' The jail sentence is suspended on provision of the prisoner's good behaviour," said Judge Unruh, af ter the $200 had been paid. .Stte Han Charge. And the story endefh not here, for District Attorney John Carson has issued a fourth warrant against the Gervais booze hauler, charging him with violation of the state code pertaining to possession of liquor. Kuschnick told Chief Moffitt and court officials that he had in tended to sell his 10 gallons or what he called Canadian whiskey in Salem at $15 a gallon. Those who are familiar with liquor val ues assert that Kusehniek's booze was of superlative quality and that he could probably secure from $9 to $12 a quart for it. Knowing One Talks "Kuschnick was picked up by the police when they "ought to bo attending to their business of serv ing side-walk notices," said one street corner character, yesterday. "All George has to do now is to bring in another load and he can clear enough to pay his fine and then some. A fine or so i: just advertisement for a man in this business. If he can keep his car and keep out of jalf, it Is easy to avoid the cops," continued the knowing one. a year than Lady's Silken Glow. Pickard Brothers also owned Old Man's Darling, II, when she made a record of 983 pounds fat Other great Oregon Jersey cows are: Poppy's Dortha, 994.25, at the age ol 3 years and 4 months. St. Mawes Poppy. 952.28 pounds butterfat, at the age of 9 years, 2 months. Goldie's Nehalem Beauty, 904.- 91 pounds, at the age of 4 years, G months. Washington Has Two Two Washington cows of the Jersey breed, have made records in the 900 pound class. These are Olympiads , Fern, 937.80 pounds, at the age of 4 years 11 months, and Geflesta's Duchess, 901.79 pounds, at the age of 7 years and 1 montht. Montanans and Indians Pay Tribute to Foch BILLINGS, Mont., Nov. 28. Eastern Montanans, white resi dents and Indians, paid tribute to Marshal Foch today. Arriving at Crow agency early this morn ing, the marshal smoked the cere monial pipe with Chief Plenty Coups, visited the Custer battle field and was made a chieftain at a big Indian dance in a drizzle of rain. The special train made brief stops at Hardin, Huntley, Laurel and Big Timber and remained a half hour in Billings. Rodman Wanamaker, founder of the Wanamaker historical ex pedition to North American In dians, was made a member of the Crow tribe at the ceremonies. LIBERATION OF CHINA STARTED GDNFERENCE - v j Withdrawal of Foreign Post offices and Postal Sys tems from Territory Arc Agreed Upon; ' ' EXTRA-TERRITORIAL RIGHTS SLATED NEXT Problem of Troof) Removal May Lead to Some Trou blesome Questions WASHINGTON. Not. 28. fn' the Associated Press.) Takin; Its first direct action: toward lib eration of China from foreign in: fluencea, the arms conference agreed today on the withdrawn5 of foreign fcostoffices and poata systems from China. The decision was conditions only on the maintenance by Chine! of efficient postal facilities, in eluding retention of ' the domestic organization by. whici a French co-director general act as adviser to tha Chinese $osta authotities January ; l,v1923, vir, tually was agreed upon as th date of withdrawal, the Japanese alone withholding; final approva1 on ' that point pending consult.! tion with Tokio. I Second. Action Today . Constituting the first comprc hensive action on the nrlncini of, Chinese administrative Inlet nty as delineated In, the "rou points" of Ellha Root the post: agreement vla expected to he fol lowed tomorrow by another pre tiding for gradual abolition o the system of extra-terrltori; rights under which a dozen tor eign governments have set u j their own courts in China an by , a discussion of China's irt quest that foreign ; troops , qnai tered within her borders wltbW treaty sanction he withdrawn. Thfe question of troop will, drawal may lead the delegate' into some of the most troubhf tome questions of the Far Eas? Some forces which the Chine. declare are in China without ai: thority are Japanese quarter1 along the line of the Shantun! ranwy, and others are with! the-, debated territory of Soutf Manchuria. Thus the negotiation tung and Manchurian controvej bics ior me nrsi time, aitboug it is considered likely that tl real issues of these problems wi' be put over for discussion wh: me conference takes np rallwj leases. Telegraph fiystema Mentioned Along with the foreign trocf qunsuon,; the Chinefce will as' lor a consideration on the statij or certain toreign telegraph ar wireless systems which the d clare exist In China without h consent. u Japanese quarters it ws said that the Toklo governmei was ready to withdraw its troo from the areas not covered 1. treaty stipulations when Chi: could ensure safety of Japane nationals and property with t those zones. Since the Japane forces are more widely affect than those of any other natl by the Chinese request, the titude ,of tb.3 Japanese deleg tions was taken as forecasting j least a declaration of prlnclj favorable to withdrawal! j Committee to Approve j Although the foreign gover menta are to have a year of gra In which to prepare for wit; drawal of their postal syster from China, one feature of tl agreement is expected to Decor effective when the confereE confirms the section voted by t! delegates today in committee. 1 the whole. The section refers the introduction of eontraba! into Chinese territory through t! foreign mails and gives Chim customs authorities -right l search mail they may suspect. Opium Law Violated The search clause was nn! stood to have been inserted i ter the Chinese had charged tl.; large quantities of opium wt1 being carried through China j the foreign post in eontraventi of the anti-opium law. The ten tion of the present French r director, it was said, was stli lated solely in the Interest efficient operation of the Chi ese postal system. PRINCETON. N. X. Nor. 28. Ralph C. Gllror of Haverh ' Mars., was elected to captain t 1922 Princeton football team t day. . j