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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Feb. 10, 1922)
THE WEATHER. Friday, rain or snow; fresh south westerly winds. SEVENTY-FIRST YEAR CABLE STATUS Association for Recognition of Irish Republic Makes Public De Valera and Col lins Missives. PLAIN QUESTION WILL BE ASKED PRESIDENT Embarrassing Queries Also Put to Head of Free State in Cablegrams i DUBLIN, Feb. O. (By The Associated Press) Ea monn De Valera tonight Is sued a statement with ref erence - to tbe Republican demonstration which has been calaled for Monday. As the newspapers are not warn ing the people, of. their dan ger, he says, no way Is left tmt to address them by word of month. WASHINGTON. Feb. 9. An, exchange of messages with Ea- monn De Valera and Michael Col lins, head of the Irish Free State, was made public tonight by the American Association for the Recognition of the Irish Republic, based on a resolution adopted by tba executiTa committee of the association at New York, Febru ary 4. The resolution reaffirmed ad herence of the association "to the extending of the official recogni tion of the Republic of Ireland by the government of, the Unitea States and the support of that re public br such lawful means, fl- TO AMERICANS . nancial or otherwise, as may be necessary." It Erected : tary to inquire 01 tne presiaenii and the congress of the United States "what measures are being taken or will be taken to Insure to the Irish people an opporunity to express their will for the mainte nance of their existing republican goYernment, free from any threat of war by England and tree of any . . .. . -n. J A At. a means by which that Bhall be ex pressed, and "to communicate with E&monn De Valera to ascer tain what assistance is now desir ed from this association." r - now oena iveimcn In reoW Mr. DeValera said: Irish Republicans ready to .hide by plebesclte free of threat ' Af war Wo rhallenza British gov ernment to this test of real de- ''SlSL-tlT'wubiio is at with the murder of her sweetheart, J. Belton Kennedy, to the disposal of our opponents by day heard the first testimony and saw the first evidence reason of majority of Dail Eire- ann. Our immediate need, funds w counteract nuaM v--.r:- " d Sgtiuf "SbTic opinion in tiew possible election. -The peop- vie "i " k e7iTr C C6 W ?PmJ w &? V r "The Dall tunds are being used , for Dall purposes, only naturany $&R5 ire being ued for any purposes ntner than Dall purposes is wholly without justification. The provu- ional government ; is Arcing ; Its Ttt c.tAT.lud0W5..?.!h!.mln.,it; St aeiS.ll. amo uu I your association tnai me pewpm of this country win do given u early opportunity of saying whether they accept or reject the "treaty. The provisional govern ment threatens no war on those Irishmen who oppose it. Collins Not Understood In reply the association said It did. not understand Mr. Collins' reference to the uses of Dall funds and his statement that the pro visional government threatens no war on those Irishmen opposed to the treaty.. "Why do you assume cither De Valera or we contemnlate such a possibility?" is inquired. . "Do you deny England threat ens war it treaty Is rejected? ' "If bo can you obtain conflrma tion of English government? . It also asked Mr. Collins to state what the Dairs purposes rt.7S.it7 in The6 "Xing plebesclte and whether supporters of the Republic would be allowed to nsA tniT f nndi nnw held hv the Itall mil atrtMcrltwtif hura fnr thn support of the republic. Kidnapped Men Held LONDON, Feb. 3. (By the Associated Press.) Although it is believed that the few persons captured in Donegal have been released, the situation In Ireland - 11 -m -ii as a result oi aiuuiypiogi uiutr- wise remains deadlocked today, the Sinn Felners apparently hav- Ipg declined to liberate prisoners until the iootoau piayers rrom Monacnan nave neen released ov tha Ulsterltes. The Sinn Felners tndav ara declared to have can- tured . several more Ulster spe- rials. - .-'...' : Th nnrtharn eovernment na (Continued on page f) mm GIRL WINS ADMIRATION BY LOYALTY TO HER BROTHER i i r.jr,t..T. .... f . MISS PHYLLIS LIBASC1, whose devotion and taith in the innocence of her brother, accused of the murder of Harry D. Garbe, who was found mortally wounded in Wood haven, Long Island, has aroused the admiration and sym pathy of officials with whom her trips to jail and court house have brought her into contact. Joseph Libasci, her brother, was held on a charge of murder , . . . , wno uas uwn acqmneu FIRST EVIDENCE IN MU RDER CASE HEARD BY MRS. tqc ANGELES, Feb. 8. airainst her. testimony came from surtreon. and J. D. Kennedy, father of the slain man, both of whom testified as to his death from a gunshot wound, inflicted as he walked up the steps of his summer cottage m Keveriv ixien. near nere. ine The evidence, consisting of two photographs of Kennedy's body, showing the wound, as shown to the jury. The defend- ant averted her eyes while her :mm. Dr. Wagner illustrated for point in the neck where the charge of shot stuck Kennedy, the course at which it ranged, and the size of the wound. Again Mrs obenchain looked . f i.f- VC LZl RMW iu . . - thirteentn or alternate juror TEtlOF OF Four Sun Shipbuilding Men Are Believed to Have Burned to Death NEWPORT News, Va., Feb. 9 Refreshed by a few bours sleep and apparently little concerned iheir experience of beinc rescued from tnelr ship which was burned at sea yesterday, mem- hers of the crew or tne sieamsnip Northern Pacific today described thn fire And the rescue, but re- malned stent when questioned as to possible causes 01 me disaster Meantime CaDtatn William l.uh master of the Northern Pacific, prepared a report for the snnip- ping board ana leu ior nonui. Aboard tne rescue snip iru- portatlon, which docked here ear- i ith th survivors. Cap- I J -w w " - ain !.. i refuRed to maKO any statement pending publication of his renort. Cantaln Seth Chase of the Transportation, however. told of slehune the burning steam BteamsniD about J. a-m Monday and said from a point 12 miles -distant the flames ap- j pearea. io,oe just a mue on I Drignter man tne ongntest inins jon 'nKi luruiug iduqi ai once, ins 4 co- cue ship rushed to the scene, a r- sunns 11 Sr. 4 W ..'.V T. jdf ' " along with Gussie Humann, OBENCHAIN Madalynne Obenchain, charged Dr. A. F. Wagner, county au- iiixui ui aukusi o iao.. counsel examined tne spec the benefit of the jury the the other way. fai h not compieted until nin men and three women. A is a woman riving when the fire was at its heisrht about 2:30 witn names leaDine hljrh above the mastheads "We started looking about ior the boats." Captain Chase said, and saw the one with 13 men While we were taking tnero aboard another steamer was pick in un another boat. We saved three of the four boats." Memhcrs of the Northern rac Ifie crew- said the four Sun Ship building: company men believed to have been burned to death were quartered Just ahead 01 where the fire started, presum ahiv nn 'n". derk lust alt the second funnel. They did not be lleve the men ever got out of their quarters. Photographer in Spokane Heaa of Burglary Gang SPOKANE. Feb. 9. K. C. Bar clay, aKed 27, local photographer, was arreeted today charged with possessing stolen property. Police al'.oce that he directed the opera tions of a group of young men who recently have burglarized lo cal stores. Three of the younger men have already been arrested, two here, and one in Great Falls. Mont., on burglary charges. FLOODS RECEDE WALLA WALLA. Wash., Feb. 9. Flood conditions improved today and by tomorrow railroads will be - oDeratine on , normal schedule It was said tonight by railroad men. Little rain fell to day and the flood waters receaea rapidly. SALEM, OREGON, FRIDAY MORNING, FEBRUARY 10, 1922 AUTO STATUTE TESTED BUT II Constitutionality of New Licensing Method Chal lenged in Suit Filed Ag ainst Sam A. Kozer. WASHINGTON CONCERN PLAINTIFF IN CASE! Attempt to Regulate Inter State Commerce is Al jleged in Complaint To test the legality of the law passed by the 1921 legislature re quriing the payment on motor ve hicles, based on the weipht of the car. and ths payment of a fee in addition on motor busses, based ; on the sea tine capacity of each, ; the Camas Stage company of i Camas, Wash., has brought suit against Sam A. Kozer as secretary or state. The pla'ntiff alleges it has been transporting passengers for pay from Camas into Portland, and from Castle Rock into Portland; that the company has no offices In Oregon, and that its automo biles do not continuously stay in uregon. also that the comnanv pays Portland its annual license fee of J2S0. ! -:npt1on Clarmixl In coming into Portland, the company allegos that tuch busi ness does not constitute doing business in the state f.nd there fore it should not be required to comply with the provisions of the act passed by the 192T legisla ture, requiring the company to register and pay an annual license fee. The pla'ntiff also alleeea that the motor vehicle law requiring payment for a license based on weight of cars, and the payment in addition of 52 annually for each seating capacity if a motor bus, is illegal and void, so far as it attempts to require the pay ment of the license fee or tax on each motor vehicle, on the fol lowing grounds: Points Are Enumerated First, that the law Is uncon stitutional for the reason that it undertakes to regulate interstate cofmcrce. Second, that the law is relug- nant to the 14th amendment to the constitution that as a law it is not uniform in its application to all persons similarly situated. Third, that the law is discrim inatory and based on an arbitrary and unreasonable classification, and that it cxemDts motor ve hicles operated in Oregon and owned by non-resident individu als that may be egaged in inter state commerce, but that It ap plies to motor vehicles operated by foreign corporations: also that the law is excessive and confisca tory The plaintiff alleges that the pecretary of state is about to en rorce against the plaintiff the provisions of the Oregon law and threatens to arrest the plaintiff. Plaintiff Owns Four Cars Having four auto busses weigh ing a total of 5800 pounds and a carrying capacity of 15 passen gers each, the plaintiff alleges that if the Oregon law Is enforced he would be obliged to pay a license fee of $22, and that the payment of this fee would com pel him to discontinue business between Washington and Oregon. The plaintiff also alleges that if the 1921 law is enforced in 1922. there will be about 133,000 motor veh'cles paying an average of J25 each at a cost of about $1.50 each to the state and that the revenue thus derived Is dis proportlonat? to the cost of Issu ing a license. Two Judges Absent Due to the absence of both Judge George G. Bingham and Judge Percy R. Kelly from the city, the injunction asked by tho plaintiff was granted by County Judge W. M. Bushey, according to the custom in such cases. Within a few days a date will be set for the hearing of tbe Injunc tion proceedings. Oil Tank Fire Cause of Ship's Destruction NEW YORK, Feb. 9. (By The Associated Press) Fire In the fuel oil tanks of the Admiral line steamship Northern Pacific, which was destroyed off Cape May yes terday probably caused the vessel to break into flames so spontan eously as to catch the officers un awares. In the opinion of an offi cial of the line today. He aaoea that the line had not determined whether the . fire started from "accident or design." Officials refused to divulge the amount of insurance carried but stated that she had been purchas ed at auction two months ago for Sl,000,000t ; CIRCUIT COURT ANOTHER INVESTIGATION IS INSTITUTED IN LOS ANGELES BY OFFICERS WHO ARE BUSY WITH TANGLED MURDER MYSTERY MEMORY IS RETURNED IN COURT ROOM Man Whose Mind Went Blank From Shell Shock Accident ally Meets Brother ST. PAUL. Feb. 9 Frank V. Durwarde, who disappeared from his parents' home on Riverside drive, Xew York, four years ago. while Buffering from the effects of shell shock, recovered his mem ory in Si. Paul police court to day when confronted suddenly by his brother. Police had arrested the man on a vagrancy charge, but the charge against him was dismissed in court. His brother. O. W. Dur warde, a Montaha rancher, had come to St. Paul to pay the f'ne of one of his cowboys who had imbibed too freely in moonshine. As Frank Durwarde started from the court room he bumped against his elder brother. For a tense moment they stared at each other. Then words of recogni tion broke from them both. As memory returned to the younger man, he became unnerved and sobbed. After Frank had been attended by a physician, he boarded a train with hl3 brother for the east. It was declared by an employe of the ranchman that tho Durwarde family had spent thousands uf dollars In search'ng for the war veteran, who had been wandering over the United States. E iked on 10 Justice of Peace Shows no Leniency With Alf and Corder A Woodburn resident who own a farm near Scollard, met with a surprise Tuesday when he dis covered through friends that his ranch home, supposedly unoccl pled, had been pre-empted by two moonshiners who were manufac turing the genuine article. The Woodburn man and his friends im mediately informed officers and the arrest of William Alf and Ed Corder followed. Corder and Alf were yesterday given heavy sentences following their conviction in local justice court on a charge of operating a still and of having liquor in their possession. Corder must serve eight months in the county jail while Alf must par $450 in fines or serve nine months in the county jail. The two men were arrested near Woodburn Tuesday by Constable Frank Covey of Woodburn ana Deputy Sheriffs Barber and Smith of Salem. As a result of the raid, mash was found, a still and four gal lons of booze seized. 3oth men assert that they have no funds. Funeral of Aged Indian Held at Cass Lake, Minn. PASS LAKE. Mrnn.. Feb. 9 - AU that was mortal of Ga-Be-Nah-Gown-Wonce. aged Chippewa Indian was consigned to mother earth and his spirit wished God speed today, according to the white man's creed. The tunerai wan attended DV. inaiaus nu- whites. Death from pneumonia cut John Smith, as he was aiso known down in his ISSth year last Tues day. Nearly 1.000 Chippewas, in which tribe John was also called Go-Se-Non. which translated "Daddy of them all." thronged his village, in the midst of the northern rinnesota Indian coun try for the funeral. Six of them acted as pallbearers. His body was borne thi? morn Ing from tbe home of Tom Smith. John's adopted son, whre he had passed the last hours of his life, tn the Catholic church. Sim ple services were conducted by Father Mockler. His body was encased In rough wooden box, according to his wish. During the funeral the business activities of Cass Lake closed. Parole of Youth Asked By Athletic Association YAKIMA. Wash.. Feh. 9. Fifteen boys, a committee from the Yakima Athletic club, a boy's organization under community service auspices today asked Judge George B. Holden of the Yakima superior court to parole Charles Leach, a youth awaiting sentence to the state reformatory for second , degree burglary..' n PEPPER EMILY TO FLOOR FIGHTS New Pennsylvania Senator Attacked by Ashurst Of Arizona and Spirited Row Ensues. NEWBERRY SEATING CAUSE OF SENSATION Republican Accused of Cast ing Reflection on Honor of Democrats WASHINGTON',, Feb. :. The Newberry election case was the cause of another sharp partisan clash today in the senate. Demo crats taking vigorous exception to remarks by Mr. Pepper, Repub lican, Pcnnslyvania, in a speech last night at Albany. N. Y. In his address Senator Pepper said that the Democrats in the Newberry fight, '"mouthed about the honors of the senate and the integrity of the individual and then they pro ceeded to tarnish that honor and like a flock of sheep." Senator Ashurst, Democrate, Arizona, called the senate's atten tion to the remarks of Senator Pepper, and characterized them as did other Democrats, as an impu tation of dishonorable action. Pencr in Clash Mr. Pepper was not present when the question was brought up but arrived during the afternoon and just before the senate ad journed, had a spirited engage ment with Senator i Ashurst. Questioned by Senator Ashurst, Mr. Pepper said he had been quot ed correctly and added he had as sumed senators would continue the Newberry vcase judicially and that this apparently had been done by the Republicans in view of their division on the vote seat ing Senator Newberry. Tho question of honor, he de clared, was raised by the Demo crats. 'I choose to accept that issue. only I reversed the sides," he said Ashurst Presses Questions j Senator Ashurs-" Inquired whether Mr. Pepper considered that the Republicans who voted against Senator Newberry had vi olated their honor and whethei i Mr. Pepper was "excusing or con doning them." Senator Pepper replied that his remarks on tho question of honor In the voting did not appiy to any senators who dissented from the recent remarks of Senator Reed. Democrat, Missouri. The latter had attacked the supporters of Senator Xewberry and said there "was not a senator who voted for this action (seating the Michigan senator) who did not brand in red letters above and across his po litical record the word 'dishon or'." Senator Ashurst replied that Senator Pepper had "avowed and said that every Democratic sena tor (voting against Mr. Newberry) had stained his soul with dis honor, but that the Republicans did not." Discussion Closed The discussion closed when Senator Ashurst asked that Sen ator Pepper's speech and the ma jority resolution seating Senator Newberry be printed in parallel columns in the congressional rec ord. Senator Spencer, Republican, Missouri, objected and the request was denied. This resolution had been attack ed earlier in the day from the Democratic side as "stultifying' and Senator Ashurst said that it condemned the vast expenditures In the Newberry case, but support cd Senator Newberry. Rain Again Today is . Coast Weather Forecast SAN FRANCISCO. Feb. 9. Rain will continue to fall in California and Oregon tonight and tomorrow, according to the San r rancisco weather bureau fore cast. Rain or snow was the predic tion for Washington. Heavy snowfall was reported from the Sierra-Nevada mountain region. At Summit 27 inches of snow has fallen during the 24 hours ending at 6 o'clock tonight. increasing the snow on the ground at that point to 102 inches. - 1 ; INTO COP FOR AIR MAY BE NEED, HOOVER SAYS Wireless Chatler of American Small. Boys is Likely to Need Regulation WASHINGTON. Feb. 9. Con trol of thf wave lengths of the air may require "an ether cop" to regulate the wireless "chatter of the American small boy" and other users of radio communica tion, Secretary Hoover said today 'in discussing the government's plans for radio regulation. At the request of President Harding, Mr. Hoover said he was calling together radk experts of the army, navy, postoffice and commerce departments and radio engineers to meet In about 10 days to work out regulations gov erning use of the air for radio communication. Development of the. radio telephone, he described as one of the most Important steps in th progress of communication but the limited number of avail able wave lengths, he declared, was causing congestion. The In genuity of the American small boy In the use of radio telephones, he explained, had so filled the air with clatter that commercial and official communication had been interfered with, while the prac t'ca of broadcasting sermons, mu sic and other matter was hinder ing the more" important use of the wireless telephone. Development of the air as a means of communication he as serted, was projecting a new problem for consideration in the light of the rights of persons to use the ether similar to property rights In land and waterways. Legislation may be required, he added. 790 ACRES OF FUX LISTED Further Impetus Given New Industry in Meeting Held Here Yesterday lly the action taken yesterday by members of the Willamette Valley Flax and Hemp Coopera-' tive association, the flax industry of Oregon has taken on an e lease of life. This wag In the signing up for 790 acrrs to be planted this spring and the sub scription of $28,680 worth of stock in the association. Of the total amount subscrib ed, $19,230 was paid for at the Friday meeting and arrangemeuts made for the payment of the en tire amount within a short time. The 53 farmers who are mem bers of the association are almost all flax growers and understand the benefits that may accrue from keeping the Industry alive In Ore gon. L. H. Compton, warden of the state penitentiary, is cooperating in every way and has promised the growers sufficient flax seed for the spring planting. Now that the penitentiary Is f n- tirely out of the flax business. many growers who were holding off in signing up for stock, came to the meeting yesterday and joined in with those who had or ganized that the flax Industry might be assured to Oregon. hile the acreage signed uo equals at present the acreage of one year ago. it is thought by those interested that, since the association is assured of seed rnd of going ahead, that the acreage win oe much larger than last year. As yet no location for the first plant has been selected. Loca tions are) being investigated by ine executive committee and a decision will be made within few days. V Water 13 Inches Deep on Streets Of Stanfield WALLA WALLA j Wash.. Feb. 3. Water is 13 Inches deep in the houses and principal business places of Stanfield, Ore., accord ing to a message received tonight by the Walla Walla Union. Fear is expressed .that some of the houses will give away because of the undermining. Water Is mat- ress deep in many bedrooms. Dam age is also being done at Hermis- ton. Wild Horse creek, near Pendle ton, is very high, and has done much damage. Part of the Pen dleton-Milton paved road hat been under two feet ot water. The Statesman receives the leased wire report of the Associated Prgii. the greatest and most rs liaMe press association in the world. PRICE: FIVE CENTO District Attorney Yfocl wine, in Personal Charge of Case, Calls Notables cf Motion Picture World ' LOS ANGELES, Feb. 9 A new and comprehensive In vestigation into the circum stances surrounding the death of William Desmond Taylor, was under way here today, di rected by the district attorney of Los Angeles county. Tay lor, a motion' picture director of note, was found in his liv ing room on Thursday of last j week, having apparently been shot and killed the evening be fore. Up to tonight, no ar rests had been made nor'wero any in immediate prospect. Yesterday and today the district attorney gathered in to his hands the scattered threads of evidence that had been, drawn out by the police, the sheriffs office and fade pendent investigators, and to- j night he was attempting (to : weave them into some sort of pattern that would disclose what took place when Taylor lost his life. As a first step toward this end, certain letters which were written by Miss Mabel Normand, picture actress, and which disappeared from Tay lor's home after his death. were delivered to the district attorney. These, letters wcro re-discovered yesterday con cealed among Taylors effects. Their contents were not dis closed, and Miss Normand who was in seclusion today, declined to comment More Details Heard Minute details of the scene 1 the home of William DesmonJ Taylor, film director when hlf murdered body was found. wrt related to District Attorney Tho mas Lee Woolwine and his chief deputy, William C. Doran, tonight when they quizzed five witnesses called to the prosecutor's office. Three of these witnesses gave Information only as to the posi tion of the body, furniture, papers eac, in the room; two others were reported to have added stories of events, which. It was said, might have important bearing on - the search for the person who killed the film director. , Description of the room was given by Verne Dumas, director and general manager of the Cal Mex Oil company; Neil Harring ton, an assistant to Dumbs In the oil business; Charles iralgne film director: Arthur Hoyt, an ac tor, and Captain R. A. Robertson, who served with the American army in the World war. . Life Fact Covered Malgne was accompanied to the district attorney's office by hit Ife. , Hoyt and Captain Robertson had known Taylor for several years, and were able. It was stat ed, to give details of his life not hithertq known to the authori ties. Witnesses called tonight were wanted for the purpose of laying of ground work for rto investiga tion of several persons closely as sociated with the slain director. It was stated and the district attor ney planned to call several men and women prominent In the film business within a few days, t He declined tonight to make any formal statement of the pro gress of the Investigation i but merely said that it was satisfac tory and would be continued to morrow. Eyton Suspected Murder " Witnesses questioned today In in the Investigation, which It was announced, would be complete and would take other Inquiries into consideration only so far as facts learned from them might be help ful. included Charles Eyton, gen eral manager of tbe Famous Players-Lasky corporation studio here at which Taylor was employ ed as a director. Mr. Eyton testi fied at the coroner's inquest that he was the first to suspect that Taylor's death had been caused by other than natural events. Ha naid he had insisted that the body be examined for wounds, and it was his insistence, according to his statement at tbe Inquest, that caused discovery of the wound that had caused his death. ; - When Mr. Eyton arrived at the district attorney's office this aft ernoon he was first taken into a private consultation 'with Thomas Lee Woolwine, the district attor ney; then Mr. Woolwine and Mr. Eyton went to the room occupied by Deputy District Attorney W. C Doran. where a further confer ence followed In which Mr. Doran participated, i Others who were snmmone J t (Conttnnel fn f )