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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (June 9, 1925)
SALEM, OREGON, TUESDAY MORNING. JUNE 9, 1925 SILTEB IBT rjiDDELB LAST CHARTER MEMBER T AUTO CLUB CARDS ARE " NOT WANTED FOR BAIL BELGIUM TO NEGOTIATE WAR DEBT SETTLEMENT mm BETTER MAIL SERVICE GIVEN BUSINESS MEN OF, CHURCH IS CALLED lieiLBBS AGIiST PUBLISHED MRS. NANCY DOLMAN' DIES AT CLASS LEGISLATION IS CHARG ED BY MAJOR GIESY COM3UTTEE, TO ARRIVE IN UNITED STATES IN JULY EARLY MORNING DISPATCH MUCH NEEDED IN CITY ILlalliJJ AGE OF 87, 3IONDAY SEVENTY-FIFTH YEAR DECiS nil nr nnnn IV IE U to mm umirin nn IS WHYC ID Ul J- Technicalities Demanding Too Much Time of Courts Through Country MINOR THINGS STRESSED Dotting of "I" lias-Nothing To Do -With Principle Involved In Action Brought by IL C. Shields Overruling the demurrer of .Henry C. Shields in his attempt to obtain an Injunction against the Marion county ourt, relative to the construction of a grade cross ing over the Southern Pacific at Jefferson, Judge! L. H. McMahan delivered a broadside against legal technicalities, which, he declares, occupy one-third of the 'time of courts In this country. , - "Whether an T is dotted, or a f crossed may gain consideration In some courts," Judge McMahan declared, ,but not In .this one. There is nothing to show that any person had been misled or injured in the slightest degree, and there is no reason that the county bhould be put to a great and need- less expense and the county bust ness held up indefinitely." ' ' " " The action , started by Shields 4 against the county court grew out a or tie proposed, overneaa i graae question at Jefferson. The county had the road surveyed, and view ers and assessors covered the ter ritory,, determining the damage that should be paid property own ers whose land was to be crossed by the road. Assessors placed the damage to the " Shields prop erty at $600. and a warrant was issued for that sum. Shields,, how ever, protested, and asked - dam ages of $3000. This was denied by the county court, and an in- Junction was asked by Shields, with Ithe result of Judge" Mc Mahan's decision. ' , The demurrer made by attor neys for Shields was based on the declaration that the papers did not designate W. J. Culver as "roadaaaster" of the countyand did not state what the "SPRK was or represented, i It wag these technicalities that met with the disapproval of Judge McMahan. -According to the members of the county court if any other trouble is experienced from the bgrne source, new plans will be Jt drawn up without reference to the Shields place. J. YL, Smith, county commissioner, stated yes- 'J; " terday that if Shields does not want the crossing eliminated at . . . . A . - ' 111 A. his farm, tne county wui not make any further arrangements, and Will tear up the warrant Is sued to pay him. i FIVE BODIES RECOVERED TWELVE OTHER VICTIMS OP MINE DISASTER SAID DEAD STURGIS; Ky., June 8 (By Associated Press.) Five bodies, three of i them unidentified, had been found in the workings of the explosion-wrecked mine number 9 of the West Kentucky Coal Mining company at 9 o'clock tonight. All of the known victims were ne groes. Twelve men remain In the mine and all are believed dead. Gas that had gathered in large quantities in coal pockets caused the explosion. Entries numbers 3 and 4 were seared and burned by the blast. Timber and debris clut tered up both entries. Another rescue crew of picked men was being organized tonight to re-enter the mine In search of other victims. Mud In some places was found a foot and a. half deep and . seriously hammered the" work. v The five bodies were left In the mine while the search continued for the ofher 12 men still unac counted for. No hope remained that any of them would be found alive. MRS. CAIN DIES MONDAY THREE CHILDREN LIVING IN SALEM SURVIVE HER Mrs. Margaret Cain, age 72, died at a local hospital Monday. Funeral services will be bold from the Webb .funeral parlors Thurs day afternoon at 2:30 o'clock, .with Rev. Pemberton officiating. 'TntiS wtlf K.A mola Ifl Ihti f!ltV View cemetery. Mrs. Cain I3 survived by her husband, James Cain, of Monroe; two sons, George W.s Kendall and Ambrose Cain, and one"' daughter, Mrs. Mattie Boatwright, all of Sa lem. Thirteen grand children, and six great-grand children also survive. Pioneer Woman Is Mother of Dr. W. B. Morse and Sister of Chief Justice Mrs. Nancy Dolman died at 1:30 yesterday' afternoon at the family residence' at 533 Center street. She would have been SS years of age had she lived' till September 9.' . " Born in Missouri, she crossed the plains with her father's fam ily in 1846. Her father was Dr. James McBride, ' and the family was among the most prominent and distinguished in the accom- plishemnts of its members in the state. ; They setled in Yamhill county near McMlnnville. Her first husband was William B. Morse, and they resided at La fayette, Salem and St. i Helens. Some years after his' death, she was married to William II. Dol man, of St. Helens. She had the distinction of having : celebrated two silver weddings. Mr. Dolman came to Salem sixlyears ago and had made this city her home since that time. She is survived by her son. Dr. Wj B. Morse and her brother, Chief Justice T. A. McBride of. this: city and Dr. James McBride of Pasedena, Cal. Mrs. Dr. J. A." Richardson orPort- and, formerly- of Salem, was a foster ; child. There are -numerous nieces and nephews and their families in various parts of the stafct and . . coast, j ; ... - Mrs. Dolman was for 25 years a teacher, in the public schols, and she was always connected with and Interested In. .the educational affairs of the state. She was an accomplished woman, with a fine mind and a wonderfully sympa thetic heart, being interested in all .the higher activities of city and state and country, and Ithe the world. She" was a student ,of astronomy, for the ; best part of her long and useful life. 7 She was often in touch,' through cor respondence, with the worje of Dr. Hale, In charge of Lick observa tory. . The funeral services will : be held at the First Christian church at Salem, at 10 o'clock Wednes day, and at the P6rtlandCrema- torium, at 2 o'clock in the after noon, Rev. John Evans (pfficating at both - services. , Mrs. Dolman was the lasfof the living charter members of the First Christian church of Salem. ' The Webb unr dertaklng parlors has charge. It la requested that there shall be no flowers. , HUGHES TP DIRECT CASE SCOPES MAX .BE DEFENDED BY EX-SECRETARY OF STATE NEW YORK. June & IBy As- uociatert Press.) The New York World tomorrow,, will ' say that former Secretary of State Charles Evans Hughes may be asked to di rect the defense of John T, Scopes, Dayton. Tenn., high school teach er, who is charged with violating the state law prohibiting the teaching of evolution. The newspaper will say that a large Influential group 7 of men amone those of liberal thought have reached the conclusion that Clarence Darrow, the Chicago lawyer, who Is the choice of Mr. Scopes, would not be a fortunate selection. .. Mr. Darrow arrives to morrow .for a conference with Scopes. The attitude of these men is not criticism of the ability of Mr. Darrow but they feel his brilliance would be offset by his successful defense of Nathan Leopold and Richard Loeb. : murderers of Bobby Franks in Chicago. Those who approve selection of Mr. Hughes say that they ueneve the entranc of Mr. Darrow .into Tennessee would ' bring involun tarily the atmosphere of the Chi cago murder trial whjch they further believe would place In the hands of William. Jennings Bryan, counsel for the prosecution, an ad vantage over Scopes. BACCALAUREATE IS GIVEN REV. EVANS ADDRESSES HIGH (SCHOOL STUDENTS Rev. John J. Evans, pastor of the First Christian church deliver ed the Baccalaureate Bermon of the Salem high school seniors at the Sunday morning services at his church. "The Dynamic of Pro gress," was the title of the serr mon delivered before: the 'packed auditorium. Rev. Evans brought out the fact that acquired knowledge was only a help in the life work, and the reaf dynamic person has a spirit ual objective, a hidden quality in life, gentleness, '. justice, mercy falth, hope, a love for all spiritual elements." and "at the 'same time silently fashioning the talents at the command of the individual. .. Supreme Court, Divides on . Question of Freedom of . Press and Speech SOCIALIST BEING HELD Benjamin Git low. New York Pub lisher, Said .G oil ty of Inciting Overthrow 0 U. S. Government WASHINGTON, June 8. (By Associated Press.) -The supreme court divided seven ;to two today in an .application of ,the constitu tional guarantees of .free speech and -the. Uerty ,of the press In upholding the conviction, of Ben jamin Gitlow under the New York criminal anarchy law for publish ing in She Revolutionary JS.ge, and advocating in speeches, a manifes to issued by the left wing of the socialist party. The majority of the court In an opinion by Justice Sanford, de clared Gitlow's conviction did not invade any of his constitutional rights. The statute was valid, it held, and .he could be punished under It for ; advicating acts of force, violence tand unlawfulness In general terms. ' It was not "es sential that' their immediate exe cution should have been advlcated, the qplnfon stated, nor was It .ne cessary, before iVperson could be punished under the act, that the language used should have been "reasonably and ordinarily calcu lated to incite certain persons" to such acts or addressed to specific persons. Justice Holmes and Brandels, In the dissenting opinion,! asserted that. the measure to be applied in each case was whether "the words used are used in such, circum stances and are, of such a nature as to create a -clear and present danger that Jthey will bring about the substantive evils that the state has a right to prevent. .Applying what they , considered -the correct test, they held it was manifest that "there was no present dan ger oi an attempt to overthrow the government by force on the part of admittedly small minority who shared in the defendant's views". ' "It the publication of this doc ument had been laid as an attempt to induce an uprising against the government at once and not a some indefinite time in the fu ture," the dissenting justices de clared, "It would have presented a different question. The ' object would "have been one with which the law might deal, subject to whether there was any danger that the publication could pro duce any .result, or In other words whether It was not futile and too fContinM no pago S) Fight on Act Passed by Last Leg islature Promised by League of Cities The law which authorizes the acceptance .of automobile club idntif!cation cards as bail In the police courts of "the cities and towns of .the state Is based upon class' legislation " and therefore cannot be held constitutional,' de clares .Mayor J. B. Giesy. r.,The people1 must wake up, or else they will find another octupos upon (thei hands, which they are unable to cone with. It is time to begin to fight the menace. 'fA "When the League of Cities meets for its next regular sessdoai steps will be! taken to disprove I the law recently passed by the legislature, which fosters' undue legislation, and will afford a grip for the people who wish.,to make our city, streets speedways en which to main and cripple and kill our citizens." Intiminatiqn was given by the mayor that the cards of the Oregon Motor Association, which is a branch of the American Automo bile Association would not be re cognized in the local police court, "If -they think it is not rights we can go to bat on the -matter, but the fact remains -that . the leg islation is simply to favor one class Of citizens over another. What right has a man with sqch a card- to offer it over you or I who do not belong o the organization? -. -It Is time for the people to be gin tp wake-up. An organization of automobilists must .be formed, which has as its mptto, the observ ing or the automobile law, .which makes for safe, 6ane driving." NEW REGULATIONS MADE GREATER LATITUDE PERMIT TED IN SUPREME COURT .WASHINGTON, June 8 (By The Associated Press) The su preme ; court today promulgated the new set of regulations made necessary by legislation passed at the last session of. congress' to give It greater discrectionary lati tude In determining what cases It will revfew and to bring about a considerable reduction In Its bur den. 1 "' Chief justice Tatt also gave no tice that, when the court reassem bles for Its next term, October 5, the original docket, which carries a number of cases brought by states, .would be called with a view to eliminating all cases which are not prosecuted with reasonable diligence. A number of the cases affected have been decided by the court, but at the request of states it has held them on the docket to retain jurisdiction so as to enforce its decrees. ' LET THE WEDDING BILLS RING OUT! Former Premier and Nation's Banking Heads May Solve Funding Problem WASrflNGTON, June 8. Mov ing with unexpected speed, the Belgian government today in formed the state department that it would send,- a commission here the tatted part of July to negoti ate a funding settlement of Its debt to the United States. The commission will be headed by former Premier Theunis and will include the .governor of the Bnk of " Belgium and Banor De Carlier, the embassador at Wash ington. On jthe basis of the offi tal - advices, the belief prevailed here that a - funding agreement could be reached In time for pre sentation to the next congress for ratification. While Baron De Cartier had previously informed the treasury of his government's Intentions to take early action and of his in tention to sail for - Brussels In a day or two to discuss the prob lems with officials there it has been assumed here that the am bassador's stay I in Belgulm will not be cut short to hasten consid eration of the question' with this government before early fall. "Aside from the notification from Brussels, the most import ant development in the foreign debt situation today, was the re ceipt' here of official cables indi cating that Italy may not delay the opening of debt negotiations as long as was indicated in the speech by Finance Minister De Stefan! in Rome last week. The intention of the Italian govern ment Is to give consideration to a f uding settlement, probably be fore the summer Is over but Its plans obviously must be held In abeyance pending what regards as necessary prerequisites to a debt settlementJ -balancing - of of currency stabilization. the budget and accomplishment ENGLAND; FRANCE AGREE PROBLE3IS OF EUROPEAN SE CURITY ARE DISCUSSED GENEVA, June 8. (By the As sociated Press.) Great Britain and France reached a complete accord today on the problem of European security and If Germany to whom the accord will soon be sent agrees to conditions, a four- power pact will come into being. based on the inviolability of the Rhine frontiers as delimited by the Versailles treaty. " The past will include Great Britain, France, Belgium and Ger many. Itay is not included, al though. the text wll be communi cated to her for reasons of cour tesy, and Holland and Czecho slovakia are not directy affected, though they will benefit by the operation of France's alliance with them. Obligations of Versailles Treatv Declared Not hul filled by Nation GUN PLANTS WORKING Anns Plants Declared to be Care fully Protected; Documents Said to be Missing From Record PARIS, June 8 (By The As sociated Press) The report of th inter-allied military control commission which formed the basis of the allied note to Ger many regarding disarmament, was made public this afternoon The annexes which contain the details of violations of the treaty of Versailles by the German gov ernment however, were not pub lished. 7 The commission after re capitulating the various measures of obstruction to which the Ger mans resorted to prevent effective resumption of control over Ger man armaments, concludes with the statement that with the evi dence collected, despite this ob struction, shows that Germany is far from having disarmed as obli gated by the treaty of Versailles. The document tells how German officials held themselves to be the sole judges of what evidence the commission ought to be permitted to have, and how the keys of of fices were lost and found only af ter documents or other evidence the commission was seeking had been removed through side win dows. The members of the commis sion, the report states, were fre qucntly - told on approaching a munition depot, where they had reason to suppose they would find unauthorized stocks, that it was worth their lives to try to open the doors, which had been arranged with powerful mines that would be touched off and blow every thing in the vicinity to atoms. This obstruction, the commis sion concludes, was strong pre sumptive evidence in. Itself that Germany had not complied with the treaty, but it refers to other, more specific evidence, contained In the annexes, which, it is under stood are being kept secret be cause otherwise German citizens who are denounced violations to the commission would be com promised. 12 DIE IN TRAIN CRASH SEVEN WHITE MEN, FIVE NEG ROES DEAD; MANY HURT PERU.Ind. June 8. (By Asso ciated Press). Seven white men and five negroes were killed at Converse, Ind., near here today when two coal cars were over turned on a party of 30 mainten ance of way workers. Five others were seriously hurt and official casualty list made public by the railroad tonight showed. The men were buried under the tender of a locomotive and nearlv 200 tons of coal and several hours were necessary to extricate their bodies from the wreckage. It was feared that 18 men had been kil led and nearly a score seriously injured, but official reports show ed that 15 had been slightly in jured in addition to those killed and seriously hurt. BONDS ARE CALLED IN HUNT BROTHERS ARK SEEK. ING GREATER FINANCES Bonds of the Hunt Brs. Packing company, wh are -operating fruit and vegetable canneries in Wash ington, Oregon and California, in cluding a large plant In Salem, have been called In. Yesterday $1,217,000 of its 15-year, firat mortgage 7 per cent bonds fr re demption n July 1, at 106. were called, which Is the full amount for the bonds outstand ing. , In' addition, the president, C. H. Bradt, stated new finances will allow for increased prduction. The company's plants are at a point now where :they are recog nized as the third largest canning company in the west. LOG RATES SAID SEVERE SEATTLE, June 8. Ninety per cent of the logging Operators In western Washington using the common carriers to transport saw logs to market will shut down; it the railroads put into effect an nounced increases n Igo rates,; J. LI Bridge of the, Sound- Timber company announced, following i a meeting of the Associated Log Shippers of Washington" here to- dajr List's. ,K1',ttil3 . Dally Service Between Salem and Sllverton-Mt. Angel Is Also Improved Business, men of this city are given additional mail service by the addition of the 9:30 o'clock dispatch, which leaves over the Southern Pacific lines every morn ing, This service was fist effect ed Monday. It has been needed for some time past, as evidenced by the large lot of mail usually piled up for the early afternoon train to Portland.! With the additional service, other cities of the Will amette valley are given help, It Is claimed. s , f . Postmaster Farrar desired 'to make it plain that the mall for the special dispatch to Portland should be in the Salem postofflce by 8 : 4 5 o'clock in the morning, as the mail service must be at the station by : 10 o'clock. . However, ma il can be put on the train by; the railway service, which is taken care of by the rail way mail clerks. There is a sta tion on the north and south end of the Southern Pacific depot. Additional mail service has been established between Salem Sllverton and Mount Angel, which will enable residents to receive mall there in the evening. Letters mailed here at 4:30 o'clock, will be cared for on the 5 o'clock stage. SHOTS AVVAKEN CITIZENS TWO MEN ARE CAPTURED BUT THIRD MAKES ESCAPE , Shots fired In the early hours of Monday morning aroused resi dents on North Summer street, when Officer Edwards arrested Ivan Awrey of G.lendale, Ariz, and Floyd A. Watson of Sacramento, under . suspicious circumstances. Attention was called to the car they were driving because It had only one license plate, and when the officers gave chase one of the young men in the car made his get away.- ; ..7; -.? A Bible was 'found among the effects of the young men, other articles in their possession con sisted of cigarette papers, photos and private correspondence. The two captured youths claim that . the lad who escaped stole the car in California, stole a license plate at Eugene and substituted Itf for a California plate on the which they were driving. The car which the boys were driving had license plate number 150-634, which was Issued to W. L. Starr, of Lane county. NEW VENIRE NOW DRAWN 3IANY JURORS FOR SHEPHERD TRIAL BEING EXCUSED CHICAGO, June 8. (By the Associated Press). A score more veniremen from tha sixth soecial venire of 100 were examined to day in the effort to obtain a jury to try William Darline Shenherd for the alleged murder by admin istering typhoid germs to his mil lionaire foster son, William Nel son McCUntock, but no progress was made. One juror was obtained but he replaced another in the second panel who was excused from serv ing arter it developed he had an opinion and his serving would jeopardize his business. ? At adjournment eight sworn jurors, one yenireman tentatively passed by both isides, two satis factory to the prosecution and one whose examination by the state had not been com Dieted, were locked up until tomorrow morn ing. ' '7- Monday In Washington The supreme court "upheld New York's .criminal anarchy law. William D. Mitchell began his duties as solocltor general. ' Belgium advised Washington of the; appointment of a debt com mission. -". Rehearing of the Coronado coal case was refused by the supreme court. i Governor Blaine of Wisconsin announced operation of the de fense test. ! Chicago sanitary. test was re fused a rehearing in the Lake Aiicmgan water case. The supreme court decided to scrutinize more closely qualifica tions of lawyers appealing before it. The supreme court defined the jurisdiction of courts in ordering witnesses before the railroad labor board. Weather Man, Conscience Stricken, Relents; Cool Winds Forecast HEAT KILLS OVER 50Q Ten Day Spell of Record-Smashing Temperature Takes Heavy Toll of Lives In Large Cities CHICAGO, June 8 (By Asso ciated Press.) Conscience strick en and contrite after a 10-day escapade which stood him outlaw before virtually the entire coun try the weather man gave him self over today to a succession of gentle convulsions Indicative of a quick return to al normal June mood. : " Freakish 'gales, thunderstorm -and queer atmospheric disturb-, ances accompanied eagerly wel comed declines, in temperatures throughout the region east of the Rocky Mountains and tonight's late forecasts held out the promise of at least two days of more seasonably-weather. The death toll of the 10-day i -f spell of intense neat, winaa ana rains stood above the 00 mark tonight, with Philadelphia and New York the heaviest sufferers. Official records In the Quaker City; placed heat toll at 136 lives. A high wind was swept through' the business section 'of Chicago with the force of an October gale, which resulted in the, injury of several persons by broken Slasst and falling objects. j High winds were recorded gen orally throughout the upper lake and intermouhtain stater, and tha northern half of the Atlantic sea board was cooled by a saving ocean breeze. In Iowa, and tha pakotas, unusual precipitation ac companied high winds. Tail generally in the middle west ern states through Wednesday, tne Chicago weather bureau forecasts. .Heavy frosts occurred Sunday night in portions of "Wyoming, late reports to the bureau said. A disturbance of conslderabia intensity centered Monday over5 the northern Mississippi valley states Is headed westward and' northwestward to the Pacific ocean, carrying general showers and thunderstorms. ' LIBERAL ARTS DEFENDED FIRST METHODIST CHURCH UNABLE TO SEAT ALL -Dr. Carl Gregg Doney, president of Willamette university, defend ed the liberal arts in education when making the Baccalaureate sermon for the Willamette gradu ating class at the First Methodist church Sunday morning. He traced briefly the beginning of human civilization from its origin, describing the proccess of how men developed and perfected modern society. He stated that the era of power, which began about SO years ago has made man great. , ' . Conditions of 50 years ago with tbe saloons and other social con ditions would have been different, if the people had the time and leisure which" is at the command of the individual to day, he eaid. The using of leisure time was held as Important as the education for practical ends, declared the speak er. r , - Jarge numbers were turned away from the services because of lack of seating space. REV. MILLER RETAILED PASTORS OP SOUTH FRIENlAi CHURCH APPRECIATL'D At the monthly -business meet ing the South Friends church unanimously, voted to retain the present pastors. Rev. Carl F. end Minnie G. Miller, with a substan tial increase In salary. Under direction of the Her. Millers the church has made a healthy growth and has nearly doubled its'membershlp In the last two years,- ; T MAD DOG TEARS CHILD LITTLE BOY IS SEVERELY HURT BY ANT5LVL WALLACE, " Idaho, June g. Quick action by neighbors savtd the Ufa of Thomas Jordan, s. of Gem, Idaho, when he was attactel by a large shepherd (!c wtich suddenly went mad. It was report ed at the hospital here today. Tfce dog was ishot but only after it had inflicted deen wounds on tha lad's face and shoulders, chewe 1 one ear badly and left faprilj pf teeth p3 hU cVct 'and err-1;,