mmwmw The Weather Partly cloudy; Somewhat colder in the interior; fresh west and northwest winds -Max. 54; Mftt. 42; IliTer 2:3, stationary; Rainfall .09; Atmosphere cloudy; Wind southwest. : S - INTERESTED READERS- rot;ely the large number of ads tliat ap- -pear in the classified, .columns-but Jtha larger 'number of Interested. readers that makes theso column valuable. Tanrto- pages 6 -and.7i . SEVENTY-FOURTH TEAR SALEM, OREGON, TUESDAY MORNING, MARCH 17, 1925 i price FTvnrcrsnar PUBLIC SCHOOL MEASURE II BEFORE COURT TO Decide Constitutionality of Bill Designed to Make Public School Attendance Compulsory MOORE DECLARES STATE COURT TO BE IN ERROR Supreme Court Hears Briefs Drawn by Both Sides; , ! Interest Aroused WASHINGTON, March 16. Oral argument in the two cases challenging the constitutionality of the Oregon compulsory educa tion law were begun in the su preme court . today and will be concluded tomorrow. ' The law, . which was adopted .by a referen dum vote and would compel chil dren between eight and 16, with lew exceptions, to attend - public - schools of the state after Septem U ber, 192 6 came to the highest court on an appeal from a deci sion of the federal district court of Oregon enjoining its enforcement pending a final decision on the " right of states to enforce such legislation. V i School Counsel I retard The argument was opened by counsel for the society of the sis ters of the Holy Names of Jesus and Mary, which operates paroch ial schools, and the Hill Military academy. They contend the new law would denrive narochial and private schools of rights guaran teed by the state and federal con stitutions which the states had , recognized in charters incorporat ing these schools. ! , They also argued that the law would deprive children of useful i knowledge, would prevent teach i ers in these schools from earning their livelihood In the lawful oc- cupation in which . they, are now engaged, and would abridge the right of parents in Oregon to send their children to schools In other states. . " ' Says Court In Error Speaking for the state, Willis S. Moore, assistant attorney general of Oregon, insisted the lavrf was constitutional and that the 'lower court was in error in holding it deprived those attacking , it of their property without due process of law, or that it took away from parents, children or teachers any of their rights or liberties guaran teed by the constitution. As far as religious education was concerned, Mr. Moore assert ed the new law permitted children attending public schools to be ab sent a specified number of hours each week for this purpose,, and it would not apply to abnormally or physically defective children or to those living .at a. great distance from a "public 'y school, unless the state furnished, transportation, nor to those instructed at home by i private tutors. The latter would be required; however, to stand? a state, examination every, .three months to determine whether they were1 keeping up in their studies. and if 'found below standard would be required to attend public schools. There could be no question of the power of a state to enact and (Continoad en pag S) FLU MS1EEG TO HILT CUSSES Willamette Campus Hit By Epidemic; Faculty Will Take Action Today An epidemic of influenza has made serious inroads in me ciaus work at Willamette university- A large number of students were absent from classes and chapel Monday and one proressor was un Leslie Nevett, of Phi Kappa Pi fraternity, was Bent to the hospital Sunday and several more are un der the weather as a result of the A rumor is, current on the cam- t,o oil "rlaffsfis will be dis missed this week if conditions be come any worse. Dean George II. Alden, acting president, of the University, Btated w,n art inn had been taken by the faculty in regard to the mat ter although it will be taken up at the regular faculty meeting held Two-Hour Parking Law . Action Deferred Until Next Council Meetins: .The two hour parking law was put to sleep; again last night by being referred to the committee of regulations, where it will rest for two more weeks, before con sideration by the city council, ac cording to action taken last night. "Alderman jPatton,- desiring to get prompt'action upon the matter asked that the rules be suspended and final reading of the new or dinance be completed. This was not' allowed to pass and for want of a better move the bill went into the hands of the committee. The came fate befell the ordin ance which covered ti.e two hjur parking limit and a "head-in parking" ordinance. A motion to suspend the rules was also put to rest. : : ; j An ordinance designed to se cure revenue from taxicabs and all for. hire cars was referred to the proper committee after I Its introduction! to the council last AH GUILTY Former Pugilist Convicted! on Three Counts in Su J perior Court LOS ANGELES, March 16. Kid McCoy, former pugilist, recently convicted of manslaughter in con nection with the slaying of Mrs. Theresa Mors here last August, was convicted in superior court today on three counts of assault growing out of a shooting affray in "Mrs. Mors' antique shop the morning after her death. He will be sentenced Friday. The ex-prizefighter was indicted on four counts of robbery based on the antique shop raid. , Seventy five hours of delibera tion preceded the returning of the jury's verdict. The ten men land two : women! jurors had been out since 3:40 p. in. last Friday. McCoy heard the verdict with out emotion. His two sisters, however, who had i been . walntting in the courtroom, embraced him and wept. Defense counsel made no comment. , . POST MUTES 111 Impressive' Ceremonies Are Staged at Armory by Le gion Last Nigni Impressive ceremonies at a joint meeting of Capitol Post No. 9 and the American Legion auxiliary were held at the Armory last night with the oath being administered to 125 new members. With the post np enrolling about ( 800 members,! efforts5 are being made to bring this number to the 1,000 mark, ' State officers were pres ent last night, the oath being ad ministered i by George P. Griffith of Salem, state commander, cause of the large turnout it Be was necessary to transfer the meeting from McCornack hall to the larg-. ar hnildiner ; ' ; '' . V Several j weeks ago the ipost adopted the custom of personal contributions of 10 cents each by all members and 'placing half of this in a J"pot" and the other half in the mess fund. ) Names I are drawn and the seventh name is awarded the total contribution. As the winner has not been pres ent for any of the meetings, the money is carried over, with the increase from meeting to meeting, and will not be awarded until the man called is at the meeting: At Dresent ' ho "pot" amounts to nearly $40. Following a short business ses- slon a dance was staged last night. JUSTICE IS CHARGED RRATTIiE. March ; 1 6. While Justice of Peace Robert Hunt of Tssanuah. Wash., was not perform ing his duties on the bench, -he was making moonshine with his son on their ranch, according to a com plaint filed here today by Deputy Sheriffs Joe Harran and Uooert Gibson. IV I TO! AT PRICKS IX) WEI CHICAGO, March ' 16. Wheat reacted sharply, during tue, last Yi rn r at tradinr todav with the re sult that closing quotations were MM IS EARLY 125 MET! night.. Another ordinance design ed,, to cover steamboat operating on the river near Salem and using Salem docks. This ordinance is also designed to increase the city's revenue. ; . . r . Alter the council had gone into a committee as a whole, amend ments were made to the ordinance which prohibited driving of ve hicles across sidewalks. This or dinance Is to regulate the mak ing of private driveways due j to the damage done the city side walks by construction : workers driving over the; pavement.' Immediately following, the pas sage of thig ordinance the commit tee again went into a committee as a whole to amend an ordinance read for the third time. This one required the covering of the Mill race on Division street in order that the property owners may be (Continued on pig 2) Remains of Charles Purcell, Drowned on January 31, Recovered The body of i Charles Purcell, who was drowned January 31, when a motorboat in which l he was riding hit a snag and sank, was found at about 9:30 o'clock Sunday morningrby relatives who have been patroling the river since the accident. T hi The body had caught on a snag with only the feet protruding from the water and was found near the island, not 200 yards from where the boat foundered.; The body was found by Turcelfs two uncles, Newton S. Nave and Sv E. Taylor. ,The accident: occurred; during the period of high water. I Purcell and a companion, P. L. Turnidge, were comings down the ; river at about 8 o'clock In the evening from Clear lake, where they had been engaged in towing logs. When opposite West Salem ; the motorboat struck a snag, : sinking immediately and throwing ; the two occupants into the swift cur rent. Both Purcell and Turnidge were good swimmers, and made for the west shore, Turnidge call ing for his companion to follow him. It is believed that in the darkness, and on account of the swollen condition of the river, Purcell caught j on a cable and was unable to recover himself. Turnidge, however, reached : the river bank'and was rescued by W. B. Gerth after he had been cling ing to some willow branches for nearly 20 minutes. No iraee was found of Purcell, although a search was made immediately, and was not terminated until last Sun day.- - '" i - Charles Purcell was 20 years of age and is surrived by his mother. Mrs. Martha, E. Purcell of Talbot, and a Bister, Christina Pur cell. An aunt, Mrs. Sarah E. Tay lor, and two uncles, Newton S. Nave of Talbot and "J. T Nave or Lacomb, also survive him. Funet ral services were held Monday morning. ;: : j - ;; f An Invitation to participate in the seventh annual national lnter- nrholastic basketball , tournament in Chicago was received by the local basketball - authorities Mon day by telegraphic communica tionsi . : '' .. ' ' , The Franklin, high school ot Portland. runners-UD will be Riven the invitation if the local school sees fit to reject the bid it was announced. . ' ; . ; . i The nroblem of raising money to send . the - team: is confronting ihn authorities last ' year r tte business men of MedfordL raised" S2500 to send the Medford high east, and Trom all indications -here it seems highly probable, that the money can be raised. ; 4 The student body of the high school are active on the question and immediate steps are to be taken to secure funds to send the Salem players to Chicago.; The trip : has : many advantages to it, and every attempt is to be made to send the coach and eight men to the conference. CpShei i r STREET S Plans and Specifications for Improvement Will be Tak en up at r Next Regular Meeting PETITIONS RECEIVED FROM MANY SECTIONS Resolutions for Kind of Ma terial Are Read; .Nine f Licenses Asked i After long deliberation the Im provement of North Summer st, is under way, according to action taken by. tle ity council last evening-. Alderman Sfmeral intro duced the motion which was acted upon and reports made.UPlans and specifications are to be re ported at the next session of the city council. f Petitions to the street commit tee were numerous and covered the application for pavements on Cottage, from Mill to Trade, the improvement of Brooks avenue. High to city limits, Myrtle avenue from Highland avenue to Fair grounds road, and Seventeenth from Chemeketa to Center. Oak and Mill street applications were acted upon. A sewer petition was filed for the construction of one On Thirteenth from Rural to the Southern Pacific tracks. N.ine applications to . operate soft drink .stands, and six appli cations to operate card rooms, and One application to operate an apartment house were acted upon by the health and police commit tee. ' ' "W Application of the Belleview rooming house was not granted. pending' action of the police com mittee, due to some error in the transfer of the ownership of the property. A flock of resolutions declared the kind of improvement and ap proved the plans for the improve ment of Mill street from Twenty- first to -Twenty-third; N. Church fromMarket to South; University from 'Mill to Bellevue; Shipping from Cottage to Capitol; Capitol to the Southern Pacific tracks; Chemeketa from Twenty-first to Twenty-fourth; N. Liberty from Pine to Columbia; N. Eighteenth from D to Market; Nebraska from Capitol to Sixteenth, and South Thirteenth from Rural to the city limits. A petition was also filed for the construction of pavement on S. Seventeenth from Ferry to Belle vue. I-;:. F"W; Poorman and others filed a petition to locate a sidewalk on North Summer, while a quit claim deed was wanted by C. B. Webb and others for property on High, between Leslie and Mill, which is owned by the city. A petition was filed in the mat ter of vacating certain portions of Lincoln street in Fairmount park addition. The easement for a sewer on Hall, near the Fairgrounds was considered by the council. Three notice of " assessments and the bonding of properties wero acted upon. . .. ; COURT APPEAL GRANTED SEATTLE. March 16. -Appeal to the circuit court in San Fran cisco was today allowed William Bagley, held here as a suspect in a S52.000 bank robbery at Nanai- mo. B. C. December 12. Bagley took exception to : denial by tne United States district; court here of a writ of habeas corpus after he was ordered extradited. mi IT is needless to detail the events that led up to the can onization of the man whose memory this whole country cele brates today; : It is not. as a saint, that nations pay him tribute, but as a, man. His philosophy has permeated the world, and is an in spiration to the builders and preservers "of the earth. T - ,a The fact that the observance of this day : Is so wide-spread--: that it is a voluntary holiday results in double honor. And in 1 'paying tribute to Saint Patrick, a ray of honor also falls on all 4Sons.of Erin. . ; f ?. I j We salute his memory, and In our obeisance, we pay tribute . !to, the valorous acts of his countrymen, and the heroism that has marked the Irish wherever and whenever Fate has found f-then. . ; . .: . ;; . : . -- " . S1RTZ DEATH I1UEST1LL BE CONTINUED Investigation of der Blast not After ; Several Consumed Fatal Pow i Completed Hours Are PREMATURE EXPLOSION THEORY STILL HOLDS Only One Witness Infers That Suicide Might be Under lying Motive Recommendations that the cor oner's . Inquest into the death of Fred Swam, who was killed 12 miles south of Salem early Satur day morning." be , continued '- from day to day -until the investigation is complete, .were made "Monday afternoon after several -hours had been devoted to hearing; the tes timony offered by various wit nesses. From' the trend of the evidence until the jury recessed it is evident that a verdict of ac cidental death will be eventually returned. Mr. Swartz was killed by a premature explosion of dyna mite while blasting stumps on his farm. . Witnesses Are Heard During the morning session of the Inquiry both Mrs. Edna Swartz and their young son,; Edwin, 13 years old, were upon the stand. They tetif led that Swartz was In the habit of using short fuses In order . not to halt traffic upon the highways Testimony of E. B. Gabriel, experienced powderman, stated that the length of fuse used by the man was unsafe. , E. Monson, truck driver for the Marion Creamery- company, and .one of the first to view the dead man," told of the condition of the body. Deputy Sheriff Bert Smith was also called to the stand. A verbal scrap took place be tween Herb Spark and District Attorney Carson, which caused the investigation to be halted for a few momenrs. . . , Witness Hays Suicide . ,The testimony of McDonald was 'the only Indication that the ac cident was otherwise. He stated that "Swartz was making believe that he was blasting stumps in order to get away with the sui cide part of it." Mrs. Swartz, widow of the dead man was unable to go on with her testimony several times dur ing the trial on account of her tears. Only by , the questioning of District Attorney Carson was the case continued. : Tells of Blasting It appears from her evidence that the two had arisen early to gether Saturday mornmg about 6 o'clock and while Mf Swartx blasted stumps, she was to do the Chores. Both went to the barn together, . she to do the milking and he to get some of his powder tools. . He had been- blasting stumps during the past week and had fuses and caps prepared.The preparation of the explosive, the kind, and other details were des cribed by the woman. Swartz was In the habit of boring a hole In the stump, filling 1( with water and taking the stick of dynamite which had been , tied to a stick and plunging it into the hole after it had been lighted.' ' i On Saturday morning Mrs Swartz heard the explosion and thought it was unusual and sur mised something was wrong. . She went to the door but could not see her husband, neither would he answer, her call. On going down to the place where he was to blast she found the body. Evidently the blast had gone off in his hand, fContlnned on paga 2T Doctor Admits Giving Tube of Typhoid Germs to CHICAGO. LMarch 16. Charles C. Faiman, proprietor of a school of bacteriology, admitted tonight, according) to Assistant State's At torneys,- jthat he had given ty phoid germs to William D. Sheph erd, foster father of William Nel son McClintock, the "millionaire orphan," whose death from ty phoid fever is now a subject for investigation by the grand Jury. Faiman said he had given the germs to Shepherd after the lat ter had told him that- he "was going to Innoculate some one with them," and that it "is a million dollar deal." , Shepherd said. Fai man told assistant state's attor neys, that each of them would "be rich" if the deal went through The statement was made while Faiman jwas in the room with Shepherd. Shepherd, nervous and pale, denied the accusation of Faiman. You're a liar he said, almost In a whisper, according, to Assist Supreme Court Declares As sembly Has no Right to Demand Books WASHINGTON. March 16. In the first of a series of decisions expected to define more clearly the powers " of congress in con ducting investigations the supreme court held in effect today that the federal trade commission, even though: acting under a sen ate resolution, could not compel business concerns to permit access to books and records in n inquiry designed to provide data for legis lative consideration. Without de livering! an opinion, the court af firmed a decision of the federal district J court at Baltimore, de nying the commission access to the records of ' Hammond Snyder & Co., jthe Baltimore Grain com pany and the H; C. Jones com pany, all of Maryland, -which - it had sought in an investigation to determine the causes operating in foreign markets to affect the prices of graln,,,the .companies In sisted ; that, the commission's de mands 'proposed unlawful search and seizure and argued in the dis trict court that while it was act-. Ing under a resolution of the sen ate, it was on a "fishing expedi tion," Without any tangible Idea as to just what the papers and books of the firm contained. The district court held in the opinion affirmed today that the senate could not clothe the com mission with authority to inspect the papers and books of corpora tions and others engaged in inter state and foreign , commerce ex cept in connection with' a specifio charges of violation of the law. The courts, it declared, would carefully Inquire, : however into the demands of investigating gov ernmental or congressional agen cies to determine in each case case whether the search and , seizure proposed was lawful. . ; The federal trade - commission, the court said, possessed investi gative rights over particular cor porations under specific conditions but it did not have the authority to investigate general conditions in trade and industry, even though the senate by resolution directed it to do so-, , . ' A number of other cases In-, volvlng investigative authority of the senate are' pending before the supreme court or are on the road to it. . ;; ; . . . t 1 , Rupert High Wins Idaho ! Title; to Play in Salem ! MOSCOW. Idaho. March -16. Rupert high school won the Idaho state' scholastic basketball ' cham pionship here tonight by defeating Moscow 18 to 17 in the final game of the state tournament. Moscow led 12 to 6 At the end of the half and was one point in the lead when Hoggins tossed -the winning basket for Rupert ten seconds be fore the end of the game. .By defeating Moscow, Rupert high wins the right to appear in Salem in the. interstate basketball tournament this month. Yakima high. of Washjng.tbn.and Piedmont high of California will also come. and with Salem, high, will decide the coast high school basketball POMS Fg championship,' ' ' ' Shepherd ant State's Attorney John Shar baro. Then, clearing his throat, he said, with some of his old em phasis, "you're a liar." "I have told the truth and you can't deny it." Faiman replied, looking steadily at Shepherd. Joseph Savage, assistant state's attorney, announced that, at 3 o'clock this morning after persist ent questioning. Dr. C. C. Faiman stated that Shepherd, in regaining possession of a letter he had writ ten regarding a course of Instruc tion, offered him $20,000 If he would "keep him mouth shut." . The proposed bribe would have been paid," Dr. Faiman said, after settlement of the approximately $1,000,000 estate left by young McClintock. Under terms of the will. Shep herd received the entire estate ex cept for an $8,000 annuity, to Miss Isabelle Pope, who . waited with a marriage license to marry young McClintock when he died. Willamette: University Sends Redding and Berreman on Long Trip Tonight The Willamette university de bate team, composed of Charles Redding and Joel' Berreman, will leave Salem tonight on one of the longest debate trips ever made by university representatives. Nei ther man. has had any. experience in collegiate debate before ' this year although they defeated ; the strong West Virginia, team earlier .in -the- season-,--; '7 : " " j Both., men wert experienced high school . speakers, however, Redding , having four years' ex perience at? Ft.. Dodge, Iowa, where he led one team , to a state championship, and Berreman has a gold medal and a gold watch he received as forensic awards while in the academy, of Philomath col lege. On the trip the men are pre pared to debate both sides of the question and have their material so arranged that . they will be ready to argue, any phase of the question at a moment's notice.. ; Coach Rahskopf, head . of the public speaking department at Willamette, is wen satisfied with the preparations the men - have made and is confident that the men . will be ready to give any school a close debate. On. the trip the team will meet some of the leading colleges of the west and middle-western states. SED BY AUTHOPlITIES Seattle Criminologist Unable to Prove Case; Gun and -c Hair Are Clues TACOMA, March 16. William Rutledge, who has been held in the county Jail since February 10 on the suspicion . of police and , deputy sheriffs that he was ' the assailant of Mrs. Anna Case, who was shof and killed February 6, when she-refused to give money to a negro who accosted her, was released from -custody today; Luke SJ May. Seattle cmlmln ologist, who was . asked to assist in the investigation, reported that he could, not say definitely that the bullet which killed Mrs. Case came from a revolver found In Rutledge 'b room or that a hair found in the cap left behind by her assailant came from the ne gro's head. ,4.,-., ; VIOLENT SHOCK FELT , MANILA, March 17. (By tin Associated Press). The weather bureau, seismograph . registered very serious earthquakes at. 11 o'clock last . night and S o'clock this morning. It is estimated that they occurred about 1800 miles from Manila PRINCE TO VISIT i VICTORIA, B. C, March Is. Crown Prince Olar of Norway and prominent business man of that country will tour the Pacific coast In June, after attending a ceUtra- DEBATE Ml OFF I TOUR NEGRO RELEA trion jo Minneapolis OiiTE fiEi: . VOTES TO; Bill! Gisiinii, 40-40 TTe Is Broken; nom ination Rejected by Ballet of 46 to 39; Recess Posi tion Doubted NEITHER PRESIDENT- 1 NOR WARREN SPEAKS Cooli'de Has Matter OJnder Advisement"; to State Position Today WASHINGTON, March 16The nomination, of Cnarles B. Warren to be ' attorney' general ' was re jected for, a .second time today. by the senate, 46 to, .3 9, s compared to the 40-40 tie a week; ago. Immediately there axose a ques- . tion .whether1 Mr. Warren would, accept a recess appointment which President Coolidge announced last Saturday would be offered to him in the event the senate took such. action.' Neither the executive nor Mr. Warren made any statement. See-. retary Sanders' said Mr. Coolidge had the situation "under advise ment," aad Senator Curtis of, Kansas, the republican leader who with : Senator Butler - of Massa chusetts carried word ' of the sen ate i action to the White House, declared the president would make known his position tomorrow. May Refuse Position No official would intimate whether - these ' indications . pointed to a refusal by Mr. Warren to ae-. cept a recess appointment or would say whether Mr. Coolidge had under . advisement . the sub mission of a new nomination tomorrow- or at some later date. Meanwhile ""the senate is held In. special session. ' Leaders of the opposition to Mr.' Warren declared it would be so held for some time unless Mr. Coolidge submitted another name. Until, the senate adjourns, a re cess appointment cannot be made. The vote came after four hours of fiery debate before crowds that jammed the galleries and extend ed in long lines through the corri dors. Presentation of the case of i Mr. Warren -and, of the president: rested largely with republicans of, ' the Judiciary committee, ''.two'- of whom made . theirr maiden, senate speeches In the fight; The. lead ers of the old guard .of other days i remained silent in their places. Interest Manifest - Although the only question in doubt was the size of the ma-. Jority by which the nomination would be rejected, the calling-of the roll was ' followed with even a more, eager intensity than was manifest last Tuesday when It was first turned down because of the inability of Vice President Dawes to reach the chamber in time to break the tie. The vice president was in the chair every minute of the session today and had bis first real ex perience in attempting to enforce senate rules against demonstra tions, which came frequently from the gallery as quips and Jibes were hurled across the chamber by sen ators. The hosts-on both, sides had (Ccmtlnoad a saga S) MONDAY , IN VVASHINGTOil Oregon's compulsory education law was argued before the su preme court, The new Japanese ambassador presented his credentials to Presi dent Coolidge. m Renick W.'Dunlap of Ohio was nominated as assistant secretary; of agriculture. - " Charles B. Warren's nomina tion as attorney general again was rejected by the senate. . Airplane, contracts calling for a million dollars expenditure were awarded by the war department. '..' "-.., ' The supreme ' court tt'.i con gress could not compel corpora tions to submit their books for in spection for the purpose of draw ing, up legislation. 'The District rf Columbia su preme court refuizi "to vacate tb packers consent t'cree but con tinued arguments to determine it 3 effect upon the CUfornU coc- r E the lowest in severs) wees?. jtoday.