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
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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;,