TKe Weather Fair and mild; .moderate west. to north .winds, on the coast.. Tuesda Max. 56; Mtn. 39; River 2.3 station ary; jRtiniall .01; Atmosphere cloudy; Wind SOUthw4st. :: 4 ; ; i . - r . J ' ! . : , ' i ' : ' " i I 1 1 1 1 1 " Advertisement noun derived from the word advert meaning "to turn toward.' To turn toward what?' Trustworthy goods at trust worthy prices. Donl miss tha; advertisements. ! 1 1 SEVENTY-FOURTH YEAR SALEM, OREGON, WEDNESDAY MORNING, MARCH 18, 1925 SHEPHERD NOW CHARGED WITH ER Testimony of "Prof." C. C. Fariman, Former Delivery Waon Driver, Results in Indictments 1 TRUE BILLS DECLARED TO HAVE BEEN ENTERED Grand Jury Investigation States Shepherd Killed Young McCIintock CHICAGO. March 17. (By the Associated Press ) . True bil'a charging murder were reported to have been voted late today in the grand Jury investigation" of 'rich young William " Nelson McClin tock's death last December 4 from typholtl fever. . . ,r ; , -previously Robert E. Crowe, stale's . attorney, nad announced the grand jury would be kept In session until William IX Shepherd. McClintock's foster-father and chief heir of his estate of approxi mately $1,000,000, and C. C. Fai man, former delivery wagon driv er, but more recently head of a school of bacteriology, had been charged formally with responsibii. ity for the youth's death. v Large Sum Promised i Fai man followed up his confes sion of the early morning that for a promised $100,000 from the Mc CIintock estate be had provided typhoid fever germs and schooled Shepherd in administering them to McCliBtock by signing a waiver of immunity and going before the grand Jury. . . The dapper "little claimant of three degrees from universities wmcn ueuieu iiui l,vm-,i before the Inquisitorial body one hour and forty five minutes. He was followed by Harry Ol son, municipal chief justice, who started the McCIintock Investiga tion shortly after the youth died. ? Terms Discussed j " Dr. George Fosberg, who had re ported Shepherd discussed germs and subtle poisons with him, and J. w. Marchand, former agent for Faiman's national university of sciences, who told of a letter Shep herd had written regarding a course in bacteriology, were yes terday's witnesses. It Is expected the indictments will be returned in . court tomorrow morning. ' Mr. Marchand has not spoken under. long hours of questioning while Mr. Crowe has held him ad mittedly without warrant of law. . The state authorities today planned exhumation of the body of Mrs. Emma Nelson MculintocK whose death placed the "million aire orphan" in the hands of the Khe'nherdit and also of the body-Ot Dr. Oscar Olson, brother of Judge Olson, who died suddenly alter r-ating fruit taken by Shepherd who visited the physician while he was. mildly indisposed, f Kdwlii Iledrick, who its attorney xror Shefcherd, fought hard at dur ing the long inquest and accused Judge Olson of forcing the issue because of "regrettable mental condition " tortay withdrew from Shepherd's defense. He announced liis withdrawal did not indicate a - (Continued on page 2) epidksIkes JLLF Between 70 and 75 of Stu dents Living in Groups' - :Are On Sick List , The faculty of Willamette uni versity took no official action in regard 6" the Influenza epidemic that Is seriously interfering with he class work at the university. The faculty met at 4 o'clock yes terday afternoon. t , "A canvass of, the" fraternities and sororities of the campus re vealed that 70 or 75 students from the houses were unable to attend ' classes yesterday. This does not include those staying at the worn j an'a dormitory or those living out ' side of tbe houses. . ; Twelve of the students were forced to return, to their- homes until they recover - from the' effects of the epidemic ; In all probability the class work . ii ...111 Prlliiv evontn? at which time the university will dismiss for a. week of spring va cation. 1 rateiitis Trusty Gets Lost land : Telephones to Warden I for Return to Prison Prison authorities are oh the lookout for the unusual but last night had a new one sprung upon them by -Honest" Abe Evans, life termer, who Wandered around the city last night until he was hope lessly lost and then had someone telephone to Warden A. M. Dal rymple to come after him. ) i Evans i has been a trusty for some time and assigned to the task of hoeing strawberry plants. After supper last night be went back to his work but soon got to worrying about his children, he told ' the warden, and decided to - take ;a little walk before reporting Inside the walls, j - ; Unfamiliar withthe city, Evans wandered around until he realized that he was lost. - Alone in a strange city and a cold night of fered . no rosy; illusions for the trusty and! a nice warm cell, in comparison anyhow, suddenly pre sented an appeal that could not be denied. j . Perhaps the vision of Warden S CONSUL Tacna-Arica Arbitration Re sults in Uprising in Peru; Embassy Guarded WASHINGTON, March 17. Peruvian dissatisfaction over Pres ident Coolidge's recent award in the Tacna-Arica arbitration has mounted to such disquieting pro portions that there is much sober speculation here as to what turn the situation eventually may take. The American embassy at Lima already Is ' under a special guard of Peruvian soldiers after one as sault from ; a crowd of- anti-Am erican demonstrators; Hernan Ve larde, the Peruvian ambassador in Washington is said ny some of his Latin-American colleagues to be on the verge of departing for home; the Peruvian president has accused President Coolidge of un justly favoring Chile in his award and there' have been indications that at least one powerful sec tion of Peruvian opinion is con solidating behind a move to ask for a new 'hearing. Peru's : ' policy of supervising. outgoing news dispatches has pr vented full details from reachin the outside world through ordin ary channels, and the Peruvia embassy denied it had any official advices as to the disturbance de scribed in' messages reaching bth--er quarters here from trustworthy sources.; The state - department likewise has refrained from facts Which are-available here that ah- ti-Amencan feeling in -'Several Peruvian 'cities has attained -an unnnexpected attitude. Anniversary of Founding of Fort Vancouver Will Be ! Celebrated i Governor Pierce, in a procla mation issued here tonight, urged the citizens of Oregon to join Ivlth those of the state of Washington in the observance of the ltOth anniversary of the founding of Fort 'Vancouver. . ? The anniversary of the founding of the historic. fort faUs on Thurs day and ' will be observed by a banquet - and other appropriate ceremony. -Governor Pierce will be among the Oregon officials who will attend the banquet, I "The state of Washington.") said the governor's proclamation, f'will on Thursday, March 19, commem orate the 100th anniversary of the founding of Fort Vancouver, . at Vancouver. Wash. ' ' "The history of, our own state is inseparably T interwoven j with the story of those sturdy pioneers who founded Fort Vancouver, and it is ; fitting that, we join with those who will on Thursday! com memorate this historic date. I , "Therefore. I. Walter M. Pierce, as governor of Oregon, do hereby extend "our felicitations , to ,,our neighbor state, and I request that our various civic and commercial organizations - join In appropriate expressions of good - will." i Goreon ke URGES JOIfT MEET Dalrymple sitting disconsolately in his office; wondering about "Where Is My Wandering Boy Tonight?" had something to do with the situation. , i . At any rate, when Evans real ized his predicament, he stopped at the nearest house, which hap pened toi be that owned by D. A. Larmer. 906 North Front, a dis tance of nearly two miles from the prison, made himself known and asked if they would not telephone to the warden where be .was and to hurry after him. The request was granted, and Mr. Larmer engaged Evans in con versation until the private high powered! taxi operated by, the pris on called at 906 Aorth Front for the waiting passenger. : ' Evans was tinder, sentence : of death several months ago but was saved from the .gallows by clem ency extended by Governor Pierce, who coinmutel his sentence to life (Continusd on pags S) SALEWI STREETS ARE DISCUSSED Meeting Held at Chamber of Commerce Looking To ward Beter Numbering Some of the streets in Salem justlstop and go nowhere. Other streets run about one block and then quit, while many streets hav no names at all. Even River street runs away from the river. This was noted last evening at a meeting held at the Chamber of Commerce of the street committee of Jthe city council, a committee from the Marion-Polk County Re altors' association and a commit tee from the Chamber of Com- i mprce. . The meetingwas.! tailed ojf- Tire "CnamDer or vommerce to discuss ways and means of having houses correctly numbered.; j Everyone who bas attempted to find houses by numbers, has run into all kinds of trouble in almost all parts of the city, it was re ported. :. , , j There is a Fir street in tbe south jpart of the city and then a very short Fir street In the north cen tral part of Salem. Houses on the south side of Burlington addition are numbered as in the 20th block, while a short distance ; north in the same addition, houses have the number of the 18th block. In one section in north Salem (Continued on pace 2) POUG INSPIRING Large Crowd Attends Spe- cial Services at First Presbyterian Church' "Why I Believe the i Bible Is God's Inspired Word" I was ; the challenging topic of the Rev. Charles S. Poling last night at the First Presbyterian church. "I freely admit that the Bible has in it many things I do not under stand," he said, "but this is no reason at all why I . should 1 not believe in the Bible." ; I i The speaker professed that it would be his honest purpose to stick to facts only in giving his faith in the Bible. --- " lean. believe anything in which God has His part, when we count God in nothing ' is impos sible. Remember that and you won't have any more trouble with your doubts when it is a choice between what Jesus . Christ said and, the expressed doubts of mod ern criticism, I never think twice, announced Mr. , Poling. He fur ther said: " - If God Is an Intelligent creator, proof of which the universe is full, of logical necessity he must have a program for his creatures. The Bible claims to be that plan Twice has it : justified x its claim. "The Bible has been the very foundation of civilization.! Dee troy this book ' and you destroy civilization. I believe the Bible because of what it has done for the good of the world- ; t . "We kind of people who believe and. who have 'believed the Bible are satisfying reasons- for believ ing the Bible is 'Cod's : word to man. The most', brilliant. ; the most humbla and every other kind TO DRESS BY SARGENT WirJS ATTOHWEYSHIP; ' SE1TE AGREE Controversy Over Post Is Ended By Appointment; Confirmation By Senate Is Not Delayed - RECESS APPOINTMENT REJECTED BY WARREN Coolidge Says John G. Sargent (Is Excellent Man for Position - WASHINGTON, March 17 The controversy between President 1 Coolidge and the senate over the attorney generalship ended very abruptly today with the nomina tion of John G. Sargent of Ver mont for the post and his prompt confirmation by the senate. : Mr. Sargent, a former attorney general of Vermont and a. dose personal friend of . the president, was selected after Charles B. War ren of Michigan, whose nomina tion twice was rejected by , the senate, had declined to accept an offer of a recess appointment. At the moment that Mr.'Sar gent's name was transmitted to the senate the White House made public an exchange of correspond ence between the executive and Mr. Warren which disclosed that the offer of such an appointment had been tendered yesterday after the senate had acted unfavorably upon his name. Mr. Warren wrote the president that he was unwilling to prolong a political controversy which might lessen Mr. Coolidge's "op portunity for full usefulness to the nation and possibly interfere with your making wholly effective your policies." - Announcement, of the selection of Mr. Sargent, who lives in the little village of Ludlow, near the president's birthplace, was made after Coolidge had conferred with the republican and democratic floor leaders In the senate. He was unwilling to submit the name until he had. been assured that his old friend would not be sub jected to the hazard of such "an attack as was made on Mr. War ren. . Immediately upon receipt of the nomination the senate moved swiftly to dispose of it. Chair man Cummins of the judiciary committee! took the unusual course of laying the appointment before the body in open session, and then called a meeting of his committee to act upon it. There was little discussion in the committee, Senator Dale, re publican, Vermont, appearing on behalf of Mr. Sargent,, explained tha he would bury "political dif ferences" with the nominee be cause! the Issue was "above po litical controversy." (Coatinaed oa. par 2) ' R TO BE ABOLISHED Cooiidge Signed Order Clos- ing Offices; La Grande and Burns Affected WASHINGTON, March 17. Twenty-eight local land offices were abolished in an - executive order signed today by President Coolidge. The order Is effective April 30 and brings to 39 the number of such offices discontinu ed in the last two months. , - Decline In public land business was given as the t reason -for dis continuance. The off ices to be closed' include those at - Halley, Idaho; Glasgow, Havre, Helena, Missoula, Bozeman,' Lewistown, and Miles City Montana La Grande and Burns, Oregon; Wat ervllle and Yakima, Wash. In Montana., where seven offices are eliminated, only two, those at Great Falls and ' Billings will be retained to handle the state's pub lic land business. The functions of the offices eliminated in Kan sas, Michigan, Mississippi and Wisconsin, will be handled in the future through, the general land orrices In Washington, and in the other states the . business "of the abolished offices will he turned over to the other branches in the ' i states. - f . . . . Hi OFFICES ARE S'MTZ DEATH LIS iRYFilllfS Inquest Lasting Two Days Completed Late Tuesday Afternoon; Verdict Re turned in Few Minutes SHORT FUSE LENGTH IS HELD DANGEROUS Expert Powder Man Testifies 'I That Proper Precautions Were Not Taken r Fred M. Swartc, who was killed in a dynamite explosion on the Salem-Jefferson road early Satur day morning, met death by an ac cident. ceording to the findings of the coroner's jury, whieh has been investigating the case during the past two days. ; Tbe jury consid ered the evidence only a few min utes before . reporting the verdict Tuesday afternoon. : ? - Witnesses examined by the jury brought out the fact that Swartz had met his death by an explosion of dynamite ' which had occurred while he was preparing to blast a stump from near the highway. E. B. Monson, truck driver foi the Marion Creamery company, one of the first to view the body of the dead man. Herb Spark,' E. W. Mc Donald, neighbors, and Deputy Sheriff Bert . Smith appeared on the stand in addition to Mrs. Edna Swartz, widow of the dead man, and Edwin Swartz, son of the de ceased. ': jf-:;, E. B. Gabriel, ; expert f powder man, testified that the length of fuses used by. S warts were too short and therefore dangerous. From the manner of blasting the j stump,! the handling of the powder siye into, the hole after. the fuse had been lit, 'the anxiety of the dead man to do the blasting in a manner not to obstruct traffic on the highway pointed to a death that was accidental. The position of the hole in the stump, the pre paration of the shot, and all of the contributing factors Indicated to the jury that the man had met death in the manner stated. A web of opinion had formed in the community pointing against the dead man. He was said to have had knowledge of how H. H. Keunzli, a brother-in-law, met death about a year ago. So strong was this sentiment that special ln vestigatorslrom the attorney gen eral's office have been In the field, but nothing definite was deter mined.' A cloud Of suspicion, sur mise and opinion was uncovered, all of which were Bhunted into the background by the findings of the coroner's jury. II GATE IS CLOSED Joyriding Passing Into His tory; Shed :1s-Wanted - for Automobiles Joyriding and parking on the state hospital grounds is about to be a pastime of the past, Dr. R. E. Lee Stelner, superintendent of the state hospital told members of the board of control Tuesday. Gates on the road leading Trom the pen itentiary i- to the hospital were closed last night and others lead ing i from the ,- streets to . the grounds will be ready to lock up at night within a week, he said. : ' Confronted 'with the problem of parking 'automobiles, Dr. Stelner presented plans for a shed 20 by 200 feet to accommodate 30 ve hicles. There are at present 22 privately owned automobiles park ed at varloas places in the immed iate vicinity of the hospital, com ing and going at all hours of the day and night. These, when group ed around the entrance, are a source of much annoyance. Dr. Stelner said. f .The board agred to Dr. Stelner ordering the necessary material to construct the building, but . sug gested that perhaps it might pre sent better appearance. IC the building were . shortened and the vehicles parked in double instead ot a single row. s-? . , ' - ; Dr Stelner suggested the space between the nurses': home and the receiving hospital as the future site. The hoard will visit the grounds and determine, the exact location of. the shed. 110 T LMOI Mine Blast Kills 33; Recovery of Bodies Declared FAIRMONT, W. Va,, March 17. Thirty-three men were believed to have been killed tonight in an explosion which wrecked Mine 41 of the Bethlehem mines corpora tion, three miles we3t of . here. The explosion occurred between 9:30 and 10 o'clock and at first it was believed all or part of the men were alive. At midnight, however, Mine vSuPertntenlent Benton Mitchell said he believed all the men were dead and that the entire mine was on fire. It was believed the explosion, one of the most terrific in the Fairmont mining region was caus ed by Ignited gas. "Frrst report$ Indicated; that a dynamite- bomb had beeta; dropped into the abaft. By - midnight the. electric light plant of ' the. mine, which was wrecked by the blast, was in op eration again, one of the two main fans was in operation and a bucket was being rigged .to send rescue men to the bottom. Counsel for Government Does Not Call Former Secretary to Stand CHEYENNE, Wyo.. March 17. (By the AP.) With its battle for annulment of tbe Teapot Dome naval oil reserve lease completed the government late today rested its case With the contention that it had proved the existence of a conspiracy between Albert B. Fall, former secretary of, the interior, and Harry F. Sinclair, lessee of the big oil field. 4 : The refusal of M.- T. Everhart, Pueblo rancher.-ba2CkafQv In:Iaw of Fail, to testify today, causedgovernment counsel to rest Us case without calling the for mer cabinet official to the stand, Owen J. Roberts ald tonight. "If I had been able to have gleaned any information from Ev erhart connecting Mr. Fall with the passage of bonds between Sin clair and himself, I would have called him , immediately and put the direct question to him as a matter of record," Mr. Roberts said. "Otherwise there was no reason for placing Mr. Fall under oath. I had no desire to call him just merely to see him take the stand." Striking back at the moment the government rested, J. W. La cey of counsel for ; defense, the Mammoth Oil company, asked the court to wipe out of the record all evidence regarding .the alleged passage of; Utterly bonds from the Continental Tracing-company, said by the 'government ' to have been organized for the benefit of Sin clair and others, to Fall on the ground that nothing in the gov ernment's evidence had connected Sinclair or the. Mammoth Oil com pany with the liberty bond trans actions. Mr. Lacey's - objection was overruled when he made tbe statement in reply to a question by Federal Judge T. Blake Ken nedy, .that the defense would be willing to stand on the record made in the government's side of the case and take chances on the government's' evidence failing to convince the court of any con nection between the liberty bonds and Sinclair. - Judge Kennedy, overruled the motion to strike after Mr.iLaeey had made that statement. ifj IS HELD FOli niCHER'S DEATH Bert Hill Arrestechin Ashland, in Connection With Mur der in Weed YREKA; Cat, March" 17. Bert Hill, wanted here for the murder for Fred Smith last October, was brought here today from Ashland, Or., by Sheriff A. S. Calkins and three witnesses who had recog nized Hill in Ashland," and re moved him to Yreka In an auto mobile before- he ould arrange for any procedure to block his arrest. Hill is charged' with beating hia aged benefactor, Smithy to death with a club and stealing his toe longings. ' " -'i n : STATE RESTS IN OIL TRIAL ASHLAND, Or.. March-1 7. A mad answering the description ot (Cntisea a pa 8) , . Impossible The blast wrecked the structure above the mine, debris falling Into tbe shaft. - Rescue workers said it would be necessary to clear away this fallen timber and steel before they could penetrate to the bot tom and learn definitely whether any men were dead. ' belief that the fire had spread to every part Of the mine caused the workers to virtually abandon hope of finding the miners alive. It was pointed out, however that some of them probably were work ing a mile or more from the shaft and if the fire had not spread- to all quarters these men might have been spared.; -'-j" U R. M. Lambie, chief mine in spector of West Virginia, scouted the belief that a dynamite bomb caused the explosion. The mine was operated on a non-union basis, but no serious labor troubles have developed In tnls region recently. ' The mine is located on the. Bal- ( Continued on gage 3) LEVEIilSTlES State Prohibition Department Will Be Located in State House Quarters Headquarters for the state pro hibition department will be locat ed in the state house, William S. Levens, prohibition commissioner, who assumed . office Tuesday, an nounced after; a conference with Governor Pierce and Sam Kozer, secretary of state. The offices will be in the rooms back of the senate chamber, formerly occupied by tha bonus commission, which will remain down town. About v half a dozen clerks will be employed in Xbkz off lce4 i:- & . aMMmlM V. Under the regime of George L. Cleaver, former state prohibition commissioner, -headquarters were established in the Northwestern bank building in Portland. The state must give up these quarters April 1. -' City ordinances now existing provide much lighter penalties than the new state law created by the last legislature, Mr. Levens said Tuesday. In his opinion lo cal magistrates may Impose penal ties - according to the ordinances but that the state has the right to step in and . impose the heavier penalty prescribed by law. Under the new law drunken automobile drivers must pay a minimum ot $100, 60 days in jail, lose their license for a year and the use of the automobile for 3o days' upon conviction of a first offense. Severe penalties are available for a repetition of the offense . BEING ADVOCATED Board of Control Hears Both 'k Sides But Defers Action Until Later . r Members of . the county court, Mrs. Ida Patterson, superintend ent of the girls Industrial school and other Interested parties ap peared before the board of control Tuesday in an effort to reach some agreement relative to the establishment , of , a county: road across a portion of state land con nected with the girls school Ob jections to the present route were raised by Mrs. Patterson.. ' The road will be about two miles long and connect the road leading to the girls, school with that going to the feeble-minded school and the boys' training school. It will serve to form- a loop connection between the. In stitutions and is needed according to County Road Master Culver. - 3 No agreement was reached yes terday and the matter Was taken under advisement until the situa tion is studied more carefully mnd the possibility of ano'ther site gone into in an effort to'elimlnate the objections raised at present, Y MAX DIES : (SEATTLE, March It. Janes Satatone, 84. one of the organiz ers i of . the Seattle !Toun2 - Men's Christian association, died today at als home in Kent, mlrfwirv h. tween Tacoma and Seattle , . OFFICE HERE t c , . PUBLIC SCHOOL CASE DEBaTE BEFORE CD0"J Contentions of State De clared to Meet With Littb Success; Moore Presents Arguments ;"i ' r MAY FBAME AMENDMEUT IF BILL 'J.1EETS DEFEAT Interest Kuns High; Coristi tutional Ainendment : Is Discussed ? WASHINGTON. March 17- The concluding oral arguments In the supreme court on the constitution al it jr of the Oregon law-requiring children between 8 and l'fe years of age-to attend state schools. brought further questions from the Justices today which Indicated to an Intensely; Interested audi-, ence that contentions inT behalf of the act were -meeting with little success. t . 1 The arguments for the state, which is appealing from decisions enjoining enforcement of the law obtained in the federal district court for Oregon by the .society of the Sisters of the Holy Name of Jesus and Mary, and the Hill Military academy, were presented by W. 3. Moore, assistant attorney general of Oregon, former senator. George E. Chamberlain and A. H. Putney, ' while the parochial and private, schools .were repre sented by William D. Guthrie, J. P. Havana ugh and John C. Veatch.- - May Draw Amendment If the court should take juris diction in the. case- and uphold the decision of the lower court, coun sel for the state asserted that a constitutional ' ainendment would beproposed to give statef com plete control over the educatio of children.. - - They argued, however, that hav ing decided that the Btates have control over the labor of children, the supreme court in such a de cision, must go a step further and declare they already possess a sim ilar right to control education. Rights Are Detailed Constitutional questions relating to the rights of property and per sonal liberty, the guarantees ot religious freedom, and the control .V. -,1 ....... I 1 their children, which" were touch ed upon in the opening argumsnts yesterday, were enlarged upon to day, the . two sides disagreeing, completely as to the effects of tho law iri these respects. Allusions to "conditions' pre vailing in Oregon without any ex planation ot those conditions were frequent, particularly in the ar guments of counsel for the state, who insisted that they were such ,. - . .... a , r - (Continued on pas z) ASTORIA: j. ASTORIA Ore., March 18. The Louvre hotel, a wooden structure, located In the center of Astoria, was ablaze early this morning. Sev eral large bufldings surround:.-.; the hotel were menaced by 'tLa flames.: All available fire fight; forces of Astoria .were at the scea?. It will - he - remembere X that about two years ago, practic ally the whole city of Astoria v. dsetroyed by-a fire; starting i i much the same manner as the one this morning. At an early hour, co details could be gathered. The f t that .the Louv're hotel is in ;t' e center of the city, surrounded t y wooden buildings, may lead to c;i other conflagration . as disastrc . j as the f rise , ; . ; " TUESDAY " iNV7AHb;GTo:: John a,. Sargent cf . Vermont v: i nominated and confirmed attorr ; general. ' - Charles B. j Warren annour. i he did not desire a recess appc -neat aa attorney general. t Jacob Gould Schurman, r.' ter to China, was-nominated confirmed ambassador to ( many, J , : '.Arguments were ccncla;!--.;! fore the supreme court c i Oregon con:r-i:!iCry r ; - -