SEVENTY-THIRD YEAR ' ' ' SALEM, OREGON, SUNDAY MORNING, FEBRUARY 21, 1924 ' . . ' PRICE FIVE CENTS
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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