SEVENTY-THIRD YEAR ' ' ' SALEM, OREGON, SUNDAY MORNING, FEBRUARY 21, 1924 ' . . ' PRICE FIVE CENTS y s J 7 .4 v 1 4 3, I r ATW M Jud VOID ge Kelly Hands Down Decree in Celebrated 'Case Involving Many Districts in Marion and Clack amas Counties Claims for Tuition Will be Made in Usual Way. The Woodburn union high W3V " -Tllrlrra' Wll plaintiffs in the quo warranto proceedings brought by three property owners of one of the districts included in the union nigh school district, against "the alleged, school board, the county boundary board and the bounty assessor. . . Pending the organization of a new union high school dis trict jwhich is being pushed at the present time, the pupils of the alleged union high school district are attending the Wood bumf high school.5 The school board of (district 103 is in VBa7c iviivcio oic i Beckman and A. E. Austin. AFTER FIGHT POO I IS DEFEATED Amendment Proposed By V Insurgents Not Supported By 'Democrats Would Restore 1921 Law WASHINGTON, Feb. 23. The i . ly assaults in the house today; the most! determined attack in . the form of an amendment proposing V a restoration of the excess profits iri tax, being defeated 157 to 74. A stubborn tight for the amend ment; wmcn woujci nave reenaciea tho law appealed in 1921 with slightly different rates, so " pro-' longed consideration of the meas ure that leaders predicted a final rote on it could not now be ex pected before the latter part of iliext week. 1 ' Representative Frcar republican V Insurgent, Wisconsin, submitted f the amendment and was supported U In debate by Representative Old field, democrat, Arkansas. ' Demo crats, however, divided on, the question only about half of those present voting with the republi can 'Insurgents for it. The estate tax section was taken up but with another fight impend ing for increase of these ; rates, final consideration of it was put over; until Monday.' ' ' Plans Complicated. f Plans of republican organiza tion leaders for any attempt they contemplate to'lhrow out the dem ocrat income rate scneames in iao bill when it comes up tor a final VOlB werjl lUIlUtr iiuiiiwim;u w 4 day W a development" which ; it was feared might lessen tne proo ablllties of several insurgent re- miMlrina Inlnln? at thit time V with the party organization on the V vote for a compromise between the Mellon and Garner plans. 'f Representative La Guardla, re publican insurgent, New York who had asked Secretary Mellon for his . views on a compromise schedule 4 providing for a 40 per cent surtax rata and a normal raie oi yer cent on Incomes abovo $4,000 in stead of 6 per cent as carried in the! organization measures was in formed by the secretary that this plan would not provide sufficient revenue for a bonus. 'V j . t n rintiv1Sa wlin vnl.ml for ,1 thoi democratic Income rates, had - jur. u u"i'-t Veen counted among those expect- d by the organization to support a compromise. llowover.'Mr. Mel- ; Ion I declared also that neither the i namor schedule nov in tho bill. tho' original Mellon rates or those chances renorted by the ways and means committee would ralso'suf- ficlent revenue for a bonus. OftEGON; Fie: Sunday exceptv rain near-coast;, gentle var iable wind. .? ' ' ; If . : ' J ! " , ' Vi LOCAL. WEATHER K.. t .. mAn w t ' Maximum temperature, CO. Minimum temperature, 37. lUinfall, none. Uiyer, , 3.3 : fcot.' ; Atmosphere, partly cloudy Wind, southeast. 0ODBURN HELD THE COURT school just isn't that's all. iiuuiao oiimiJlo, man mail 9 xj. a. The building which has been used by the union high school dis trict is owned by the Woodburn district No. 103 and claims for tuition for the non-resident hish school, students will be made to the county in the regular way, ac cording to Blaine McCord, attor ney for the school board in the quo warranto proceedings. rne legality oi me organization of union high school district No. 2 was attacked on the grounds that third class districts wore united with second class districts before the law permitting such a union went into effect. About 21 dis tricts were involved in the union, most In Marion county, but some in Clackamas. The opinion banded down by Judge Kelly yesterday was as fol lows: It is hereby ordered and ad judged that the order of the dis trict boundary board of Marion county, Oregon, establishing union high school district1 No. 2, Marion county, Oregon, was void and without authority and that de fendants, B J Paulson, C. W. Con yen, Keith Powell, A. L. Weaver and L. G. Yergen are wrongfully attending to exercise their offices as directors of union high school district No. 2 and that said de fendants are and have been acting without authority and that the tempted levy of a tax by sai fendants is void and that all of the proceedings leading up to the organization of said union high school district No. 2 of Marion county, Oregon, are void and that said defendant, Oscar Steelbam- mer, has no authority to. certify and extend said tax upon the as sessment rolls of Marion county, Oregon, and that any act of said defendant fn connection therewith heretofore performed is void; and "It is further ordered and ad judged that said union high school district No. 2 of Marion county, Oregon, be, and the same is here by dissolved and the proceedings it reference to the organization thereof be and they are hereby set aside and held for naught." State Official Confirms Re port Meeting to Be Held- in Portland Y OTTAWA, Feb. 23. -An embar go has been placed on cattle from tho United States by tho domin- tation of sheep, swine, goats, ion department of agriculture. An outbreak , of the hoof and mouth disease in Alameda county, Califor nia, was confirmed from Washing ton today.; ! The order also prohibits lmpor dogs and poultry, or of the flesh or hides, horns, hoofs or other parts of siith. animals, or of hay', straw, fodder or manure that have been in California, Nevada and Oregon within the two months immediately preceding their offer for entry into Canada. The s? cm bar go docs not affect shipments of cured meats, lard or tallow. r'vr " 1 - i ' Dr. W: If. Lytic, state vcterin arian, said 'tonight that there will be a' conference in Portland to morrow of federal officials and state officials from Oregon and Washington relative to tho Cana dian 'embargo on the Importation of sheep, swine, goals, dogs and poultry, anutbcir products and of hay, Btraw and fodder from Cali fornia, Nevada and Oregon. He atiruicd the Ottawa dispatch. Liuumiuu iu i uiuLu nniniin iniirn in - PRFSlilK llFFir.FR Couldn't Sleep Because of Having Found for Defend ant in Damage Suit PHILADELPHIA. Feb, 23. Mrs. Emma F. Ware or this city, today startled he United States district court wit)i the announce ment she bad "changed her mind" regarding a verdict she had helped to return as a juror. Yesterday Mrs. Warp signed a verdict in a $150,000 damage suit brought by heirs of four erna crossing victims against the Penn sylvania rairoad in favor of hte railroad company. The verdict was reached last niht by the Jury and sealed, after which the jurois went home. To day, when Judge J. Whitaker Thompson broke the seal Mrs. Ware said she couldn't sleep last night because she believed she voted the wrong way. "I am sorry, but I do not agree with the ver dict," she said. In view of Mrs. Ware's action. Judge Thompson ruled that the original verdict be filed but that counsel for the plaintiffs would be allowed to tile a motion to have it et aside. E FREE FROM TDK State Constitutional Provi sion Similar to Federal Organic Law Judges often are called upon to decide exactly what the law means in the light of certain circumstanc es, but being by training safe and careful persons, they seldom have occasion to test' out the various laws themselves. Then along came the income tax. A judge being a state offi cer is required to pay a tax on that income to the state of Ore gon just as federal judges are re quired to pay a tax on their in comes to the federal government. But a certain federal judge down in Kentucky decided to stand on his constitutional rights at the time the federal Income tax law was passed. The constitution of the United States contains a clause providing for a syslem of judges' and says that their salary ' not be reduced during the t.m for which they were elected. While Admitting that its members were necessarily prejudiced, the United States supreme court passed' upon-the question and de cided that levying a federal income tax on a federal Judge's salary was the same as reducing his sal ary during the term for which he was elected. The supreme court passed on the case, because they said no one else was qualified to pass upon it. Now Oregon's constitution con tains a provision for judges and says that their salary may not be diminished during the term for which they are elected. Judges elected in the future may have to pay a state income tax, but judges elected before the law went into effect are claiming the case is similar to the federal case, and plan to save that much money. Marion County Man Attends Special Committee Meet ing in Portland PORTLAND, Ore., Feb. 23. A tentative hearing was held hero today by a special committee ap pointed" by Governor Walter M. Pierce to draft a plan of, revision of the state workmen's compensa tion law now on the statutes at Oregon. Seymour Jones of Salem, presided at today's hearing. De finite action was deferred until April 12, when another meeting will be held.. First of the pro posals Is to require employers to come under tho operation of the law. K At present this Is optional. The next is to force employers to take out Insurance from the state instead of from private com panies, to protect their employes. Finally,tho question of the state paying part of the Insurance pre mium in certain cases is included iu tho questions to be considered. WKV NOT TAMHDATK , OKLAHOMA CITY. Okla.. Feb. 23.-Robcrt'' L. Owen, democrat senator from Oklahoma,, will not be candidate for: reelection this year, according to a letter receiv ed from tho senator today by Gov. cruof M.'B. Trapp, n m II V t ,,,,t (prop n!?J) Mil 1 WE IS FiGHIirtc 'O ReCOMEK. LftMd TtfftUDWCNrn OBTAINED WHtCH r. , ..... ' Uioms To the ME OF OReConJ - Kiiforccs I the 1 ' laws I when others fail VVi to wSi enforce -H I H. VAN WINKLEj present Attorney-General of the State of Oregon, was born on Sat- , Ii.r.rnm hor !lrrl 1 S7fl nn .1 farm in t.inn iniinlv Orpenn. IK'ar sey. The day of the week is mentioned on account of the nursery rhyme which his mother used to repeat to him, a part of which is "Sat urday's child must work for his living." Ho early put this into practical operation by en gaging in the work of the farm and at seven years of age began piloting a team in the field during the seeding operations, and regularly continued this healthful exercise interspersed with the other usual farm activities during hi growing years, to which he attributes his six feet two inches of stature. During the winter months between tho fall and spring seeding he attended the village school at Halsey on an av erage of three to four months each year. When seventeen vears of age, having covered the course of study offered by that institution in January, 1888, he continued his studies at home under the guidance of his last teacher, Col. J. M. Williams, now a leading attorney of Eugene, and took the county school teachers examina tion, procuring a teacher's certificate, and be gan the duties of a country pedagogue, which be pursued during that spring and the following school year, after which he entered the prepara tory department of Willamette I'niversity at Sa lem. His funds being exhausted at the end ot the school year, it was necessary for hiui to re turn to teaching school in the country, and after two years ho re-entered college at Willamette in September, 1892, where he remaind until com pletion of tho preparatory and college courses and graduation with the degree of Bachelor of Arts, in June, 1S98. He afterwards pursued the course and graduated from the College1 of . Law ot Willamette University, in June, ,1901, at whicih time he was admitted to tho bar upon examination before the Supremo Court. During his college course it was necessary for him to earn all of the funds with whieh to pay his ex penses. This he did by janitor and. other such work as he could obtain at the University, by work in the harvest fields in sumuier, and by serving as a deputy county assessor of Linn county, which was still his home, working dur ing the vacation months and sometimes rinding it necessary to miss a part of the school year. He also was a member of a surveying party in the1 mountains during part of - one vacation. Dur ing his last year in law school he served as an attendant at the Oregon State hospital under Superintendent J. F. Calhreath, whore, after tho usual miscellaneous service, ho was given charge wof the receiving ward, which position he held when he left the institution upon his graduation and admission to the bar. Reading 'law and keeping watch of the patienls on Hie ward at the same time was a valuable experience in concentration. During his college career he, was an active member of the college Y. C. A. and took a lively interest in all student-affairs, especially in outdoor athletics, being a member ot the first football team organized at the I'niversity, and manager of subsequent teams, as well as a mem ber of the track teams, which took part in the intercollegiate track meets held at the State Fair grounds in which all of the principal colleges jf the state participated, and was general manager for two years and president of the association during his last year. Ho also took an active part in the debating and other work of the Thil odorean Literary Society, and, during his senior, year, was a member of the debating team of the University and represented the University iu the Intercollegiate Oratorical Association. ! He worked for the Linn County Abstract ('.out-, pany tor a part of the year 1301 and 1902. thus adding to h's practical knowledge of land iUes. In September, 1902. has was married to Miss Leila ;V. raifish. daughter of Dr. and JJrs. W, II. I'arrish , or Monmouth, Oregon, and began the practice of law with "tho firm of Carson & Adams at Salem. Mrs. Van Winkle was called a1 a IT mm a' : fl 1 VnffPVl X JUCCfKFlM. MEN 1 I V V WOftKEPOM ft Fft I. H. VAN WINKLE to the life beyond November 29, 1918. Miss Rosalind, their only child, now fourteen years of age, is iu high school and is her father's pal. On February 1st, 1904, he became law clerk and assistant in the office of Attorney-General A. M. Crawford, being the only assistant of any kind in .that office at that time, and afterward, when the position of first assistant was created by, the Legislature, was appointed to that posi- . tion, which he held until the 1st of July, 1913. He then engaged In the practice of law in Sa lem, handling a number of important cases, es pecially for the State Banking department, Mar ion county and the city of Salem, as special counsel, and was also Marion county's repre sentative of the State Land board. In 1910 be received the republican nomina tion for circuit jrdge of the third judicial dis trict, including Linn,. Marion, Polk, Yamhill and Tillamook counties, but failed of election. Judge William Galloway who was then at the height of his popularity, being re-elected. When Judge George M. Brown took over "the duties of Attoraey-General the first Monday in January, 1915, to which office ho had been elected, he persuaded Mr. Van Winkle to be come his first assistant, but he relinquished his private practice with groat reluctance. Judge Drown expressed the thought that Mr. Van Winkle having had so many years of experience in that office, would he the most valuable as sistant ho could obtain, and after nearly six years of this relation expressed the same con victiou. On October 14th, 1920, Judge Brown assumed the.duties of associate justice of the Supreme Court, to which position he had been appointed, and Mr. Van Winkle was appointed by the gov ernor to succeed him as attorney-general, and was elected to that position at the general elec tion occurring in November of that year, which position he has held since. Beginning about the year 19:t." or 1900, Mr. Van Winkle became one of tho instructors in the College of Law, Willamette University, contin uing as u member of that faculty until this time. In 19 to the board of trustees of the said uni versity elected him dean of tho College of Law, which position he still holds. During the years of his connection with the law' school, he has had the privilege of seeing it increase in num bers of, students and professors and educational standing, the course, by his recommendation, being increased some years ago from two to three years, and the standards of requirements and instruction continually raised and rendered more complete. lie has been a member of the . Board of Trustees of Willamette University since about 1907, as one of tho representatives of the alumni association of said institution, and was for many years secretary of the board. Fraternally, Mr. Van Winkle is not what is known as a "joiner," having been prevented from taking a very large interest in such mat ters during his earlier years on account of his strenuous efforts to acquire a general and legal education, and afterward devoting himself to his home ' lifn and pursuits. Since assuming the arduous duties of Attorney-General, he has been prevented from being fraternally or socially ac tive hy the numerous, important and confining duties of tho office. He has for many years been a' member of the Woodmen of the World and United Artisans. Since fifteen years of age he has been a mem ber of the Methodist Episicopal church. He re calls that when ho went forward to join the ' church the minister welcomed him and bade him be a faithful member of tho "church militant." This was a rather Urge order for the. young boy, bat afterward inUhe course, of his education lit, h-arned that , the wofd "militant" meant "fighting," and so lie has letn a member of the fightipg chureb ever sincp. from which wo infer lhAt he is always ready to defend what he con siders" to he right and to insist upon respect for and obedience to the law. thf lOWIl of Hal- ought school t 7 TO EORH WJMfNTO CO TO C0UE6E MODE G0 ) mS WE IS OPERATED AT LOCAL HOSPITAL Governor Walter M. Pierce underwent, a surgical opera tion at a local hospital yesterday. Although the governor has been suffering from an ailment diagnosed as gallstones, 'and I although it was stated a few days ago that he might undergo an operation for relief from that ailment, his secretary last night stated that the operation was a minor one and that the governor probably would be back at his office earlv the coming week. Physicians refused to give out any informa tion as to whether the operation had been performed. " ' v The governor was reported to be Droirressincr favorably last night. Senate Committee Investi gating Oil Scandals Want to Know Everything Siemp Talked About WASHINGTON. Feb. 23. A thorough investigation as to what communication administration of ficials may have had with persons involved in the oil scandal was determined upon today by demo crats on the oil committee. C. Bascom Slcmp, Secretary to President Coolidge, who accepted an invitation today of Senator Walsh of Montana, to appear be fore the committee Monday, will be the first witness in this line of inquiry. H, F. Taff, Washington mana ger of the Western UnionTel graph company, and ,Tbomas P. J?owd. "Wasfifngton'manager of th Postal Telegraph company, will b additional witnesses. Subpoena were issued for them today. Copies Demanded They. will be required to present copies of any telegrams which were sent from Washington to Al bert B. Fall and Edward B. Mo Lean, publisher of the Washing ton Post, at Palm Beach. Fla.. between December 20, 1923, and January 20, 1921. Copies of telegrams sent to Fall at New Orleans also will be called for, and in addition records of any long distance telephono calls made by government officials to Palio Beach while Fall and McLean were there, may be sought. It was on January 9 that Sena tor Walsh left Washington for the Florida resort with authority from the oil committee to question Mc Lean as to his statement, trans mitted to tho committee by tele graph that he had loaned Fall $100,000. Fall then was at Palm Beach and conferred several times with McLeau. I: J Man Who Was Guide to Tourists of Nation Dies at Hospital Here . John L. Cooper, T0 years old, who for 30 years has operated a train of pack horses from De troit,' Or., into the fastnesses of (ho, Cascade mountains, and acted as a guide for hunters and tourists from'all parts of the United States, died at a local hospital yesterday. His death was caused by pneu monia following an operation for appendicitis. Mr. Cooper once lived in Salem, but most of his life was spent at Detroit where he was proprietor of Cascade Inn, besides operating a train of 30 pack, horses. At one time he conducted a motion pic ture expediliou Trom the Clacka mas river through the Cascade mountains to the California line in the dead of winter. Mr. Cooper's packing trips ex tended to 36 lakes, including Mar ion. DuHy and Fish lakes. " " The funeral wyi be Monday morning at 9:30 from the Webb chapel with interment in City View cemetery. It will bo conducted by the Elks. lie was a member of the Albany lodge. " . IIe is survived by a brother, J. A. Cooper of Turner, and two nieces, Fay and Oskle Cooper of OFFICERS TO BEAMED OF CONVERSATION 1 n DEAD Detroit. 01! ' -; .. ... . Governor. Pierce is at the Salem hospital, and it was stated there last, night that he was restipg easily. ' " ) The governor was seized sud denly with an attack of his ail ment several days ago. at the eeV cutive offices.' A physician was called who removed him to" nls home. Dr. M. K. Hall of Port land, who has been the. : Pierce family, 'physician ?for many ..years,' was called into consultation "and be and the Salem practitioners agreed 'that gallstone s was tho trouble.- It Is believed the gover nor has been afflicted with the trouble for many, years, but never severely until recently. .' , Murder Charge Reduced : to' Manslaughter at Pre" liminary Hearing - GOLD BEACH, Ore.. Feb. 22.-J-A charge of first degree murder laid against E. E. Neil and Paul Mumpower, state 3 " prohibition agents, : was reduced to man slaughter today when the two men were called before Judge O. A.' Wood 3 foti prellmiaarr. "hearing here. Following the bearing. Neil : and Mumpower were beld to the grand Jury, which Js to meet next"' Monday. Neil was released on bail of 11,009 and Mumpower on bail of $4,000. ' ; - The charge against the two men grew out of the killing' of Law rence Hare of Brookings, Ore., ten' days ao, during a liquor raid. The two agents admitted ' the killing,' but declared they acted In self der fence, when Hare was". trying 'to' kill them while resisting arrest. - COLLEGE AFFAIR TO LEW CORVALLIS, Ore., Feb. 23. The state educational conference and exposition which closed , to night will be made an annual af fair, due to the success of the first one, attended this week-end by nearly 1,000 high school and fac ulty members, representing 113 Oregon high schools, announced I-resident W. J. Kerr, at the con vocation, for all college -students. faculty members, and visitors in the men's gymnasium today. Social features today and to night included the convocation, "Dollars and Sense," a play staged by national college players under the auspices of the household ad ministration department women's gymnasium exhibition, swimming end tumbling events in the men's gymnasium, a wrestlin meet with the university of Oreon, and a girls' basketball game between the freshmen and sophomores., , , SATURDAY IN WASHINGTON eoLDeuiii ' The house defeated an excess profits tax amendment to the rev enue bill. ' C. Bascomb Siemp, secretary tp President Coolidge, will appear before the senate : oil committee Monday, -: .-'.j,--- - . "Senator Robinson, democrat." Arkansas," defended1" republican senators who have urged the re signation of Attorney-General Daugherty. f ';- , ; The senate Judiciary committee ordered, a favorable report on a constitutional amendment for in auguration of presidents tho third Monday in January. The shipping board submitted a report to President Coolidge. on increases lo ocean freight rates which have been opposed by Sec tetary,WiItacg.. r IT . ."V 5