. CIkCTCATIOH
Average for Mmrrh. 19.'-'
Hnndajr only , ..5S7
Daily and 8un4ar ....540
"ia" Bthi eadinc February
ud,Jr 'r .... 5624
DaHy and Sunday 6214
nr turn cztt or sAinc
ad 1 Wi la
Varies aad Iik Ooaatiaa
tarty arerj-body raada
The Oregon Statesman
tbs uqmm jrxwsrArss
SEVENTY-SECOND YEAR
SALEM, OREGON, TUESDAY MORNING. MAY 2, 1922
PRICE: FIVE CENTS
4
D5gEWlLT ESOPTLI IFMWliP
. ' ' 1 .
s i
V
i
4
4
X
V
$.
1
'.'
I
sHSfir'iniSs J)&)ip)G)in3
ITEETH PULLED
FROM ACT BY
COURT DEGREE
Ineligible Oriental Parent
May Act; as Guardian of
Agricultural Land Held by
His Children.
SUPREME COURT POINTS
TO DISCRIMINATION
FourteentH Amendment De
clared to Be Violated by
Statute of 1920
SAN FRANCISCO. May 1. A
decision dec faring nnconstltutlon
al that portion of the California
alien land law forbidding inellgl
bles to citizenship to att as guar
dlans of the agricultural lands of
'their American-born children was
handed down by the state supreme
court today.
The decision was In the case of
llayao Yano, a Sutter county Jap
anese, who sought such guardian
ship over the person and estate of
his Infant daughter, t i
Yano Appealed Case
The decision reversed a decis
ion of the Sutter county superior
court, which denied Yano's appli
cation for sudh guardianship. Ya
no appealed to the' supreme court
, attacking the constitutionality of
the law. .':-'V-'
T it is a general law of the state
that the parent of a minor under
14 Is entitled to be appointed
guardian In preference- to any oth
er person," the decsion said.
little Argument Ueedtod
"The act of 120 (the Und act)
Is & restrction not put upon any
other class of alien and is clearly
a discrimination against the Jap
anese residents of this atate.
t "It needs no argument to dem
onstrate the position that a law
which gives to one - person the
riant or privilege of becoming the
guardian of his child and with
holds It from another; both being
alike competent in all respects; is
not equal as between the two per
sons., . ' '
Amendment VioUted
The' person from which It Is
withheld is not In such a case ac
corded the protection of equal
laws. In this respect the act of
1920 Is clearly a violation by this
state of the guarantee contained
In the 14th amendment that no
state shall deny to an$ person the
equal protection of its laws.
TO
QUIT GROWERS
Manager of Flax and Hemp
Corporation Resigns;
Successor. Not Named
Robert Crawford, who has been
with the Willamette , Valley Flax
ft Hemp corporation since its in
ception, has tendered his resigna
tion as manager and factory and
field superintendent." The resig
nation," which was laid before the
board of directors Saturday, was
accepted, and the company is now
without field manager. A suc
cessor will be elected shortly.
Plans Uncertain
No announcement is made of
Mr. Crawford's plans for the fu
ture. He was at the head of the
state penitentiary flax plant be
fore going with the cooperative
association. V
The growers find they have
contracts for more acreage than
ther had supposed -about 70
acres in excess of the first figures
' Consequently tbey. will have no
more Beed for applicants.
Old Mills Worked Over
The old Rlckreall mill and ele
vator is now being torn down, to
get ready for rebuilding Into
usable warehouse . and flax mill
and the Turner plant also is to be
overhauled and put into shape for
the fall crop.
CRAWFORD
RECALL ELECTIONS
CALLED BY KOZER,
COUNTIES INFORMED
Calls for two recall elections in Oregon, to be held May
19 simultaneously with the state primary election, were is
sued yesterday by Sam A. Kozer, secretary of slate. One
will be a recall election against Fred A. Williams, chairman
of the public service commission and representative of the
state at large on the commission.
The other .will be directed against Fred G. Buchtei, who
represents the western Oregon district on the commission.
In the Williams case the vote will be state wide; in the Buch
tei case only in the western Oregon district.
J. W. LEWIS TO
TAKE POST TODAY
Retiring Warden Presented
Gold Watch by Prison
ers and Officials
James W. Lewis, who was ap
pointed warden of the state peni
tentiary to succeed L. H. Compton,
will formally assume the duties
of his office today. Mr. Compton,
who resigned to accept the presi
dency of the Hamilton Narcotic
institute,' will leave in a week for
Seattle which will be his head
quarters.
A farewell to Compton and a
reception to Warden Lewis, E. C.
Halley, new deputy warden, and
Roy Kendall, new principal keep
er, was given at the prison Sun
day night.
Selections on the bagpipe were
given by George Graham, deputy
district attorney for Multnomah
county, and vocal solos by Bertha
Aikin of Portland, Ira Martin.
chairman of the state parole board
and Don H. Upjohn, a member of
the board and secretary to the
governor, gave addresses. Percy
M. Varney, state parole officer,
was toastmaster. Inmates of the
prison and officials presented Mr.
Compton with a gold watch.
is
Force is Now at Work Sett
ing up the Circus Mach
inery at Armory .
They're setting up the machin
ery for the Cherringo at the ar
mory. A small army of Cherrians
has volunteered for overall and
general mechanical service, at 9
o'clock this morning; though oth
ers began yesterday. They'll
have the floor strewn with regu-
la circus sawdust; they'll have
barkers and spielers and bally-
tesque and interesting and beau
tiful tents and enclosures.
They will have acres of won
derful canvas quarters and ban
ners and signs and streamers.
Henry Lee and a small army of
scene painters have been paint
ing for dear life for two weeks,
to get ready for the event. They
are really prpearing some class!
cal Btuff and what a deluge in
quantity!
The paper money, the invincible
kopeck, has been printed in dray
loads, literally in millions, like
Soviet or Confederate money.
This is to be coin of the realm
of the sawdust ring; it is the
only money that goes under the
big tent at the Cherringo show
Cards and invitations have been
Bent out, all over Marion. Polk
and Yamhill counties, inviting the
world to come in and enjoy it
self. The Cherringo is a three
day affair. It starts Thursday
night at 7 o'clock, with a grand
street parade led by the Chemawa
Indian band, and supported by
the Cherrians in Uniform. There
will be Wilson's 110,000 Beauty
the Girl Show, and every variety
of noise-maker that can be en
listed or drafted; they will go in
autos, and traverse the resident
portion as well as the business
(Continued on page 6)
n
WORKING
A writ of election is sent to
each sheriff, together with a
statement of the purpose of the
recall election, and formal notice
of the election is sent to each
county clerk. The sheriffs are
commanded to notify all judges
and clerks of election in the sev
eral precincts of their counties.
Since Williams represents the
state at large and Buchtei the
western district there will be two
recall elections in the western dis
trict where two separate recall
ballots will be printed, and only
one outside of that district, or in
the eastern district.
Statements on Ballot
In both cases the electors first
vote, as provided on the ballot,
on the question whether the in
cumbent official shall be recalled.
Then they vote on the candidate.
Included in information certified
to the county clerks by the secre
tary of state is a statement of not
more than 200 words setting forth
the reasons for demanding the re
call, and also a statement of not
more than 200 words in behalf of
each Incumbent official, prepared
by the official and defending his
position. These go with the bal
lot.
Candidates pnt forward by the
recall committee have np to and
Including May 8 In which to file
their candidacies with the secre
tary of state. In the case ot
Buchtei the recall candidates will
aspire to fill out his term which
expires the first Monday in Jan
uary, 1925, and in the case ot
Williams for the remainder of his
term which expires the first Mon
day in January, 1923.
Court To Try Case
Attorney General Van Winkle
let it be known yesterday that he
will file an answer to the injunc
tion suit brought br the Law and
Order League of Portland in
which it is sought to block the re
call election. Though a prelimin.
ary restraining order was denied
Saturday by Judges Bingham and
Kelly of Marlon county,, van
Winkle's answer will take the
case into court to be tried on its
met its.
The answer will deny virtually
all allegations in the complaint.
The allegations are that several
thousand names on the recall pe
titions are Illegal, on grounds that
they were forged, obtained by
misrepresentation, or utterly il
legal and in the case of Buchtei
that about 500 names were pro
cured outside of his district.
Other Denials Made
The answer also will deny that
thousands of the names in the
Williams petition were obtained
prior to June, 1921, and thous
ands in the Buchtei petition prior
to August, 1921, so that present
cliizenshlp of the signers cannot
be proven.
Further, the answer will hold
(hat the petitions were not filed
with the secretary of state until
April 25 and that when they were
left at his office April 18 they
merely were deposited for exam
ination. The contention will be
that when they were filed April
25 the Buchtei petition was com
plete, and not lacking the approx
imately 1500 names short of the
required number as on April 18
Clark of Shanghai Will
Speak at Church Tonight
J. C. Clark, of the Shanghai
China, Y. M. C. A. boys' depart
ment, is to speak tonight at the
Presbyterian church at 8 o'clock
The impression is said to have
gained credence in some places
that it was to be a meeting tor
men only. This Is not the case
The meeting is for both men and
i women, and all are Invited.
Law J
CAMPING DATE
IS
SET BY WHITE
Appropriation of $143,269
for Intensive Training of
Citizen Soldiery Received
from Washington.
INFANTRY TROOPS WILL
TRAIN AT CAMP LEWIS
Time is Fixed to Conform to
College Vacation and
Harvest Period
Oregon's citizen soldiery will go
I into camp tor 15 days the latter
hall ot June, adorning to a tele
gram received yesterday oy
George A. White, adjutant gen
eral from the secretary of war.; A
special appropriation lor pay,
transportation and instruction o-
the Oregon national guard at this'
camp has been made by the war
department, Colonel White was
informed, amounting to $143,
269.80. Twelve Counties Affected
All infantry and field artillery
troops will probably go to Camp
Lewis and coast artillery to Fort
Worden. Field hospital and en
gineers will probably accompany
the infantry, it was said. The
movement will take citizen so.
diers from 12 counties and 20
Oregon cities and will include
more than 2000 men.
July wag the date fixed by the
war department for the camp or
iginally and Colonel White's re
quest for the Jane date has been
pending for the past two months.
The June date was asked for as
best adapted to crop conditions
throughout the counties concern
ed, the men being better able to
leave their work the latter part
of June. The June date also per
mits students to attend camp im
mediately after the close of school
and without interrupting their
summer's work.
Arrangments Started
Arrangements for the camp
were started yesterday and all or
ganization commanders notified
to recruit their organizations,
prepare camp equipment and in
crease instruction schedules. The
schedule of camp Instruction has
been completed in advance and
provides for 15 days intensive
training with a maximum of in
teresting work In the open air.
New Officers Elected at
Meeting of Salem Asso
ciation Yesterday
Rev. H. F. Pemberton wa?
chosen presiTTent of the Salem
Ministerial association at the reg-
ular meeting yesterday. Other
officers chosen were Rer. J. J-
Evans, vice president, and Rev.
R. L. Putnam, secretary-treasurer.
Members of the program commit
tee are Rev. Ward Willis Long.
Rev. W. T. Miiliken and Rev.
Thomas Acbeson.
Frank B. Wedel, president of the
Deaconess hospital, addressed the
association on the question of
Russian relief. Mr. Wedel waf
born in Russia and gave some In
formation regartflnp conditions
there. Rev. John Lucas, who bar
worked among the Russians in the
United States also spoke.
It was voted to use the money
left over from the Passion Week
services to contribute to the Rus
sian relief adding enough to the
amount to bring the total to $1-
The clean-up and paint propos
al of F..W. Jobelman was endors
ed. THE WEATHER
Rain northwest portion; unset
tled and threatening southwest
apd east portion; moderate7 wes
FDR GUARD
PEM BERTGN HEADS
LOCI MINISTERS
terly winds.
tsHwdI Gtftf
WOULD RATHER FACE LIONS
THAN CITY, AUTO TRAFFIC
BKsaBKEmmSSSSk mmaiiiiw.mmm.-j.-- -,..-
r i
Us Y, sft v: -. , r.-v , j
I . Avv r; l1?- 4 .
lie i i ,v; "'Hx 7 "'A, V i :
U ;
npHIS is Harry K. Eustace, hunter of African big game
and explorer of worldwide reputation, who has returned
to the United States after spending years in darkest Africa.
He says that he would rather hunt lions and tigers than
face the traffic of some of our larger cities.
Beautitication Proclamation Is
. Issued by Mayor G. E. Halvorsen
Inasmuch as Sunday, May 7 has been set aside as
Blossom day in this city and vicinity and that on this
day thousands of visitors will be entertained by the
Salem Cherrians, as mayor of Salem I ask all citizens
to cooperate in making the city attractive.
It is suggested that lawns and parkings be put into
first class condition, that unsightly objects be removed
and that flower plots and rose hedges be so prepared as
to add to the beauty of residences.
Salem has long been known as the City of Fruit and
Flowers and upon this occasion we can, with little ef
fort, addto the reputation so acquired.
GEORGE E. HALVORSEN, Mayor.
MM1S
WILL
III
T ti l
Dedication of Big Electric
Sign Slated as One Fea
ture of Evening
The Kiwanian who misses to
night's reeption and feed out at
the Salem Indian school, at 0:30.
is simply out of luck. The club
is to be tho suest of Kiwanian
1 Harwood Hall, out at Chemawa.
and the remembrance of the
spread laid before the club at
the previous visit to Chemawa. is
a fragrant memory in their gar
den of remembrance but this
one is promised to beat that one
by a Salt Lake City block.
One of the incidents of the Che
mawa visit is to be the dedication
of the big illuminated sign at the
Oregon Electric railway opposite
Cbemawa. informing the traveling
public that this is the bipgest
Indian school in Amprfoa. It had
been planned to have the dinner court for hi appearance in justice Harry C. Mohr, Brunen's brotber
at noon, and ail the guests were ; court Wednesday on a charge of in-law, of "hounding him" to kill
to meet-at the Commercial club ' n , f Hnnnr ... ,,,.'! Brunen. Hp alsn alrf Mohr had
at 11:30. but later plans fixed the
dining hour at 6:30.
DAY IS QUIET
PARIS. May 1. Tbis was the
most quiet May day Paris has
witnessed since the signing of the
armistice. There were only a few
minor clashes between the police
and the manifestants. in which a
few persons on both sides were
slightly injured.
E
IN BIG CAR
Well Known Portlanders
Haled Into Police Station
When Liquor is Found
"We didn't know it was there,"
chorused C. H. McCabe, Atomey
Dan Poweis and A. Simmons, of
Portland, when brought into the
police station last nisht by State
Traffic Officers Griffith and Thur
ber. "It" was a quart of booze,
found under the cushions of Mc
Cabe's car when orricers arrested
him on a charge of driving with
out a license. The temporary li
cense carried on McCabe's brand
new Durant car was not sufficient,
the officers aid. and the car wa?
held pending a hearing in justice
court at 2 p. m.. Wednesday.
McCabe, who is a Portland
salesman for the Durant Motora
company, deposited $100 in Dolice
, - - - vui cr;
men are well known.
PARADE HALTED
STOCKHOLM, May 1. Inces
sant rain throughout Swwten
j calmed the usual socialist May day
parades which today were few and
sparsely attended. In Stockholm
tbe contemplated socialist and
communist parade was called off
owing to bad weather and few
supporters.
I
HAWLEY RECEIVES "
CONCESSION FROM
FEDERAL BUREAU
WASHINGTON, May 1. After a conference today with
the director of the bureau of public roads, Congressman
Hawley was authorized to make the following statements:
All the proposed roads of the system in Oregon being so'
far apart are in fact of primary importance, because of their
locations and connections with other roads.
That the Roosevelt highway is on the program of the
bureau as a part of the road system In Oregon.
That the bureau is ready to go on with the construction
of the Roosevelt highway whenever the state is ready, as the
bureau desires to work in harmony with the state, ,
This emphasizes the statement issued by Congressman
Hawley after confering with the director to the effect that
the bureau was investigating the Roosevelt highway from the
standpoint of a primary road. j
It is included in the road system of the bureau for Ore-
sonana me bureau is ready to
SCHOOL MONEY
IS
Total of $43,209.59 Now
Ready for Distribution
in Marion County
According to the official Inter
pretation of the Oregon state law,
there are 294.72 elementary
teachers in the public schools of
Marion county. 1
The fractions are not appor
tioned according to a rating of
some teachers being only fraction
ally efficient, or to have lostt a
limb br lost their heads n some
occasion when the count was
taken. The fractional division is
made where a school on the coun
ty border has pupils from anoth
er county, or where an elemen
tary school carries on ninth grade
work and this proportion of the
teacher's time is deducted from
the full count as an "elementary"
instructor.
Tax is 2 Mills
The law apportions a 2-mlll tax
for the elementary schools, divid
ing It not according to the per
capita of pupils, but according to
the teachers. The payment, which
for 1922 will be a total of f37,
417.59, is divided into spring and
fall payments. The first payment
of $43,209.59 is now made ready
for distribution. It makes $146.
61 for each teacher; not for the
teacher individually, but for the
school she represents. The fall
payment will be $150 for each
teadtier and her school.
The county has 143 school dis
tricts, but only 128 of the8e are
represented In this payment. Of
the others, most are remote,
sparsely settled sections, where
there were not enough pupils to
maintain the school, so the pupHs
were sent out to other districts.
More Available IjUt
Salem has 82 teachers in the
elementary list; Silverton has
16.66; and Woodburn has 10.33
in this classification.
There will be two other appro
priations for the schools: The
state apportionment. of $2 per pu
pil, payable in the fall, and the
county per capita fund, of $10
pr pupil, payable in the spring
and in the faJl.
Physician Spends Day
With Alleged Slayer
MOUNT HOLY, K J.. Mav 1.
A physician spent the day In the
cell of Charles M. Powell, alleged
slayer of John T. Brunen. circus
owner, who was shot and killed
the night of March 10 at his home
at Riverside. N. J. Powell's
screams at intervals could be
heard outside the jail. He was
said to be suffering from a com-
j plete nervous collapse following
his confession in which he accused
; ---
promised him $1000 for' killing
the circus owner.
TITLE CONFERRED
LONDON! May 1 -By The As-
j sociated Press) The Earl of Bal-
fo-jr is the official title by which
Sir Arthur J. Balfour will be
known by virtue of the earldom
conferred upon him recently by
King George, It was announced today.
METED
OUT
proceed with construction.
PATTDH HITS
S
Ordinance Provides for Fee
of $600 for Each Out
of Town Vehicle
An ordinance bill providing for
a license fee of $600 a year for
each vehicle operated hy bakery
firms ot other cities who send
their trucks tv Salem to sell
bread from house to house, was
introduced at the council meeting
last night by Hal D. Pat ton. The
bill Is aimed directly at Portland
bakery firms and is designed to
protect Salem bakeries. ! Mr. Tat
ton explained the bill ia not
aimed at Salem merchants whs
represent bakeries of other cities.
The measure was referred to thf
committee on ordinances.
The city council mad short
shrift of a large grist of routine
work at the regular sesslonn last
night.
Dancy la Thanked.
A vote ot thanks waa extended
to W. H. Dancy of the Paclfio
Telephone A Telegraph, company.
Mr. Dancy had offered to install
a special telephone service as an
aid to the police department on,
circus day. By use of direct tele-
Moffitt hopes to cope with un
usual demands . made -upon - the
local police force, based upon past
experience with the criminal ele
ment among circus followers,
IUilwav to bti fined :
City Attorney Ray Smith Vat
instructed to me suit against tn
Oregon-California Railroad corn
company. This is an action to
clear title to the west portion of
Twelfth street between Marlon
and Union streets, preparatory to
paving.
The council took action extend
ing the outlet of the Union street
sewer into the Willamette river.
During the summer, months there
(Continued on page )
www www w rmi I
SHOULD FIT USERS
;
Did you ever stop to think that
words, may be like clothes - too
large or too small? That when
they do not suit the thought ther
are ill-fitting, and unpleasant to
the party who hears or reads
them? Yet this is, indeed, often
the case. And every person should ;
choose his words with care, so
they may not be too big. like
father's trousers on his llittle son.
or too little, like a hand-me-down t
suit three sizes too small tor a
growing boy. Besides; a person
who uses words that da not con
vey his exact meaning loses the
force of an Idea that might ac
complish much in deed and action.
A lack of skill In the use of these
tools of thought may : serve to
keep one down in the world when
he belongs on top. If you onco
learn to use a dictionary, you will
be surprised at the rapidity with'
which you will advance We had
in mind the Immense benefit to
our readers when we .chose The
Vow 1'nlrnrilt faa nt.tsinarv fAf
general distribution in this com
munity. Our coupon, published
daily in tbis paper, shows the gift
nature of the plan, and should be
cut out and presented ait this of
fice with our small distributing
C06t.
BREAD
I