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SEVENTY-FIFTH YEAR
SALEM, OREGON, SATURDAY MORNING, JULY 18,1923.
PRICE FIVE CENTS
SHEPHERD LOSES FIRST
SCOPES Tit HH
US
CHARGE SUBSTITUTIONS
DISPLEASING GOVERNOR
CRIME NEWS' DISCUSSED
BY NEWSPAPER EDITORS
FIGHT FI LIFE IS
WAGED BY IKILLOP
LEGALITY OF INSANE
I STATUTE IS ATTACKED
PHASE OF LEGAL FLGHT
BY TERRIFIC HEAT
1
CLOSE On TUESDAY
BOMB ITTEB
M'ClANTOCItWILL IS NOT AU-
ATTY. GENERAL MAY HANDLE
FLAPPER1 AND - EARTHQUAKE
MAN IS ALLEGED TO BE HELD
I . . WITHOUT CAUSE
MTTTED TO PROBATE
" LIQUOR CASES
CONSIDERED AT 3IEETIXG
- i -
CUFOB
M
1IET
'All Records for 47 Years Are
I Broken at Sacramento-
, With 114 Degrees .
f TWO DEATHS REPORTED
Alt , Southern Points Experienced
. ; Toriid Weather; Riverside
' Reports 118. Degrees;
Fresno, 111
SAN FRANCISCO, July 1 7.
(By Associated Press.) Extreme
heat continued to prevail over the
larger part of f California today,
temperatures setting a new record
in: manr ' sections-nd several
deaths attributed to. heat .occur-1
red. " Southern California swelter
ed under ja torrid heat which has :
threatened to damage crops in the
orange, belt in the vicinity: of Riv
erside and San . Bernardino. ; Riv
erside reported 118 degrees and
Los Angeles was visited by thelOTer the estate's administration
hottest weather iof the year when I
the mercury mounted to ! 97! de-1
With one exception Fresno ex
nerienceri th hntlest' daw fnr 9R
I years, with 114. degrees1. In July,
t 11906. 114.6 deereea was recorded'
PThe third day. of the heat wave I
claimed one victim in Taft,
k a three months old girl dying un-
V der 115 decrees of heat. E. L.
Hall of Los Angeles suffered a
sunstroke at Chico which resulted
In his death. The temperature
'there broke records of eight years'
standing with the thermometer
reaching 113 degrees.
The wave also spread over the
northern section - of the' state,
Marysville recording 114 degrees
and' Redding 113
While other sections of the state
were gripped in the heat wave.
San Francisco and the bay region
enjoyed a cloudless, haSmy day
with a maximum temperature of
4 a aejrrees. ! ' i
With th tn.ronr. .nifln, tinl
flemMi hPr thiR .nrn(iAM. f.r..
mcnto experienced; the worst heat
wave that: has, struck this section
of the valley, in '47 years.- The
temperature .shattered all records I
in the history of the .weather bu
reau, established here lh 1878.
The previous high mark wa 111.2
degrees on June 25. j:
' SMALL SAID NOT GUILTY)
WITNESS TO KILLING i SAYS 1
WRONG 3IAN BEING HELD
I ' ' ' 1- ;
npToniT ti- -i iijr
Associated Press ) The Detroit)
i?rP rr lmi,i,t ,, Ta I
M. Tlall . W.I !o.Mr,fc
nr Lnr
Len Smalf ot Illinois that he was
. o- ar
a witness to the shooting of Jos,
Maurer in a' Chicago drug store a
.year ago and that Robert Scott
and not .Russell Scott was the
murderer ;
Ball said he paid no attention
to Scott's trial in Chicago as he
seldom had time to read the news-
papers. However, he saw a pic-1
ture of Robert Scott In a news-1
paper here yesterday and immedi-i
ately Identified it as the likeness
of one of the men who partlci-1
rated in the affair in which Maur-
cr was killed. Ball debated some
time before notifying Governor j
Mnall of the mistake, realizing it
would take hltn from his work and
that his family, might suffer if he
mit work to testify.
1
t ! -- 4 :
rifir AOrt f..1 H TKm i.lnr
. of James M. Ball, Detroit tele-
Staph operator, that he was pres
ent in a Chicago drug store when
Joseph Maurer. drug clerk, was
killed and that Robert Scott, and
t his brother Russell, fired the
fatal shot, wall characterized as a
pure fake" by George E. Gor
man, assistant state's attorney,
tonight. ;
JAPAN FAVORS TREATY
FOREIGN OFFICE IN PERFECT
ACCORD WITH PROPOSAL
TOKYO. Jnlv ARRtt -
CiateH Xr. ?.. 4 ..An
embassy today delivered to the!
- . , CH I . 1 AJUCl llA u
Japanese government the state do -
iartment's note advising the pow-
ers or the position of the United
iS trift and the creation of aj
v"uimi8sion H consider the ques-
iou or extra territoriality in
.i-nina. After. a cursory examina-
Jion of the document a spokesman
'or the foreign office said Japan
as In comilete rrmiiit with
: the principal Tolnt which wr
n accordance, with the Washing-
"n treaty and a favorable reply!
tt 11 11 rrr rm -j . . ;
Judge Refuses Order on Grounds
of Presumption of Undue
Influence
CHICAGO, July 17. (By A-
eoclated Press.) William D.
Serd recently acquitted of
me maraer 01 wuuam rseison mc
Clintoek, , millonalre orphan and
his 'ward, today lost his first legal
I skirmish to gain possession of the
million dollar estate left him by
McClintock's wilL f . ?,
Probate Judge Henry Horner
refused to admit to probate the
will, which left to Shepherd all of
the estate except for an $8000 an-
t
McClintock's fiancee. V-Probation
waa retu8ed 00 tn. grounds of a
"presumption of undue influence",
Judge HornBr decided it was the
duty of proponents of: tTie will to
disprove undue influence In the!
higher 'courts.
Immediately after the decision.
the litigant Shepherd on the
one side and nine Iowa cousins of
McCUntock and Miss Pope on the
otner started a second, contest
Attorneys for the contestants were
unable to agree on an adminis
trator and the hearing finally was
continued until next Tuesday.
wnen . u an agreement is not
reached, the court will name a
cufiiodian., Attorneys for Shen-
pera strenuously objected to the
Northern Trust - company, which
was named guardian of the estate
at ; McClintock's death, being
named the administrator. Attor
neys : for the contestants argued
that Shepherd, as ,the principal
wTJi ,V A "J 7 1 " .r ine -'"M
uiuisaM., j max u9 uau uvea vim I -
young fMcCIntOCk, and that tWO
women employed 3n Shepherd's
read, had i witnessed the instrn-
ment.- All of this, thev contnnt!.
ed. wail irremlai- anari hnwrt
due influence, i
SMALL TOWN DESTROYED
; . , i
BUSINESS recttoN HP mrcs. I
TON, W'Nn" FIRESWEPT ' 1
i SPOKANE. JuIt ? 17.ULIrI nf
the business section and aeve'iral
residences of the town of Crestdn.ifr C'SI15y" l860"1 A"1 s?,nt
a JUincoin county, Wash J isere de-
sirpyea . tnis afternoon by a ''fire
wlch was still burning tonight.
Twenty-four buildings and houses
had been burned at 8 o'clock.
causing1 an estimated loss of more
than $100,000.1 1 - I
The blaze was confined to the I
south side of the town of ahnnt 1
3P inhabitants. Residents fight-
ng tne lire believed that It would I
aie'r ou without much additional
loss.. The postoffice, j Milwaukee
urain company's warehouse. - the
Potlatch Lumber company's yards,
Cf8ton state bank building and
severaf stores and smaller build-
Ju wcro acsixoyea. ine. nre
started in the postofflce and
.
" - y OBlure iue wmu..
FIRES! UNDER CONTROL
LARGE CREWS WORKING IN
FORESTS TO HOLD BLAZE
MISSOULA, j Mont., July 17.
The worst fires to date seem to be
centered in the Kaniksu national
forest along the northern border
of Idaho and Washington, accord-
lng to district headquarters here.
i There are several large- fires ' in
this forest, but reports late to
night all indicate the blazes are
"being held in control. Approxi-I
j mately 375 men are fighting fires
I in the forest for the government
land 100 are fighting fires on ad
joining state forests.
A 60 acre 'blaze broke out J0
miles east of Missoula today and
aerew of men was rushed" to the
scene. It is believed the fire was
brought under control this eve
ning despite a strong wind late !
I today.
Lightning storms have started
several new fires ; in the various
forests of District No. 1, but none
ha grown to any great extent.
Some forests even have reported
1 an improved situation;
FRAUDS ML gXP0D
BUREAU CAUTIONS PUBLIC
AGAINST "SNAPS'
SEATTLE, July 17.TBy Asso
lclatetf PreS4). Better business
I hnrRau' ttt Vue.ltiA rriafct rtHfla ft.
1 - . - -
posed frauds totalling 125,000,060
1 during . the last year,, Elmer J.
Hertel of Oakland told bureau
I managers In convention here to-
- Hertel urged the public to bring
offers of "sometaing lor notnmg"
to the attention of the bureau.
One of the latest schemes to de-
fraud- la reatora Is thfonsa sale of
high class securities on partial
naTtnents Hertel said. Brokerage
fees and interest on deferred nay-
J ments consume the entire profit
which the investor expected to de-
i 4 . . w M...,.iiH.
Cooperation Is Urged- by
United Chambers of Com
merce in Session
COAST MARKET IS TOPIC
Distance From Consumer In Dis
cussed; Attitudes Relative
j (o Organization Aro
-ill il tH Heard hr-ii'Jr '
PORTLAND, Or., July 17. A
conference directed' to-
ward aiding 'In solving ..the prob
lems of agriculture called under
direction of , the United . States
Chamber cl Conlnierce, held here
today commended cooperative
marketing as one jneans ofbet
terment of, the farmer's lot and
delved irto various other subjeota
bearing on the general situation.
William Harper Dean, manager
of the agricultural department of
the United States chamber, direct
ed the conference, which will con
tinue throughout tomorrow. It is
by means of such gatherings, it
was said, that opinion throughout
the country s is learned and the
findings and suggestions will
then be embodied in future policy
of the national organization.
The conference was notable for
several things. It waa - the first
of its kind in the west and there
were no set speeches or prepared
papers. It took jon the aspect of
a round table, with' everyone pres-
L. ki ,', k---.-
How commercial organizations
' (Continued on page 2),
rHIVi: IUrincnui , TUUUU
OFFICER FIND $3000 IN COUN
TERFEIT BANKNOTES
EAU CLAIRE, Wis , July 17
(B' The Asso:,ated Press) Two
iuuubuuu uuuoii iu cgumeueii
f 1. urrency notes, inside a can
money Den., were- ieuna oe-
pons, ouf sui ana, ssaun aie.
Marie road depot here today , by
uu Vi"C4 01 ro""
Larsen of Eau Claire.' The dls
ebvery folowed the alleged con
fession at Denver hy A: Milton
Greer, 21, and his brother, ' CJif-
for Greer, 20, that - they had
made and passed the spurious
currency and that .when the au-
thoritles got on their trail in Eau
Claire last winter they tossed the
oeik unaer me aepoi piairorm r
ther than take a chance of being
caught with it on them.
Tne two orotners were trauea
from Aitkin, Minn., and taken in
to custody at Denver by federal
agents after St. Paul police - had
uneariueu imormauou loruauig
them In counterfeiting operations
1
: kj?r
:
Change , of "Drunken Driver"
"Reckless Driving' Must
Stop, Pierre Says
to
Unless the practice of substitut
ing :reckless driving" charges for
those .who should be prosecuted
under the ."drunken driver act,"
Governor Pierce may call In the
attorney general, as .prosecuting
officer, It. Was announced' yesfer-
day after , two cases asking lor
executive J clemency ;for violation
of the "drunken driver act" were
filed.-";'" ' j . ,
"I ask all courts In the state to
enforce this act and to refuse to
accept a plea for reckless driving
when in - fact the crime - is the
greater one of driving a motor ve
hicle while under the influence of
Intoxicating liquor," the governor
said, "I do not wish to call npon
the. attorney general to appear In
any of the courts of this state as a
prosecuting officer, but it may; be
necessary to do so should the com
plaints' continue to come to this
office .that the intent of this stat
ute, passed by the la:t legislature
is belng nullified and set aside by
the- substitution in our courts of
the lesser' charge of 'reckless
driving.' I call upon all enforce
ment' officers of the state to co
operate to the utmost in the strict
enforcement of this law." .
Governor Pierce points out that
"reckless driving" charge 'is
punishable with a comparatively
small fine, while conviction under
the "drunken driver act" there Is
a line, imprisonment and revoca
tion of tjhe drivers license.
FATHERS STORE TARGET
W03L1N DECIxARED INSTIGAT.
OR OF MANY HOLDUPS
SPOKANE, July 17. Mrs. Mar
garet Sayko, 23 of Wallace, Idaho,
mother of two children, was ar
rested here today with"' Roy Cov
ington, 19, In connection with the
robbery of a grocery store owned
by the father of Mrs? .Sayko, and
aiso a series of otner grocery ana
service station. robberiea - here.
Sheriff Clark and Prosecutor
Le&ry announced that five persons
hare been arrested in connection
with the robberies and that some
of those under arrest admit that
Mrs. Sayko encouraged them to
rob her - father's store, as "he
wduld have no money and no
gun." ..J"
George Coonce, father of Mrs,
Sayko, was held up and robbed
of 40 at his store on May 27.
' " V' " i
' LUMBERMAN IS DEAD I ,
- 1 . i
SANTA ROSA. Cal.. July 17.
Zeth Lane, reputed wealthy lum
ber mill owner of Colvllle, Wash.,
died -tonight at his summer home
in the Valley of the Moon, near
Sonoma. Death was due to
aeart aitaeK. He was 66 years
old' and Is survived by his widow,
a son and a daughter.
VlNOOW SHOPPING!
Ninety Per Cent of Those Who
' Kant At Crime News Said
To Devour It
GRANTS PASS, Ore., July 17
Earthquakes, crime news and the
flapper occupied the attention of
members of the Oregon state edi
torial association . gathered here
today for the first of a two day
session and tomorrow the visitors
will hold a business meeting, elect
officers and take a trip to the
Oregon caves nearby. '
"Ninety! per, cent or the people
who most bewail crime news in
the newspapers devour it most
greedily when printed," declared
Frank Jenkins editor of the Eu
gene Regiiter, In the course of a
talk on the possibility of minlnm-
izing crime news and yet publish
ing a successful newspaper.
Oregon probably will never
have a sertous earthquake but is
an island in a sea of disturbance
to the north and south of it, said
Dr. E. T. Hodge, of the Univer
sity of Oregon. For that reason
he said, Oregon is the ideal situa
tion for a seismograph station be
cause it would be able to record
the quake of the disturbed areas
of California, where he predicted
there would be a serious earth
quake annually for the next 5,000
yaars, and Alaska, British Colum
bia and Washington which he
said, were iln the same disturbed
condition. Mrs. Kate W. Jame
son, dean of women at Oregon ag
ricultural college said most -of the
trouble with the flapper was the
fart that the old generation did
not understand her and that, with
the new freedom of women, un
derstandintr is the only basis for
control. I
G. J. Mcintosh, professor in the
department of industrial Journal
ism at Oregfon' Agricultural col
lege, tabulated numerous errors
in newspapers and advised the
editors to make frequent use of
their dictionaries as a means of
improving newspaper English.
jPaul Cowles, superintendent of
the western! division of The Asso-
L ... J
PRUNE PRICE ADVANCES
SOUTHER BUYERS DECLARE J
ONE-FOURTH CENT GAIN
. SAN JOSE. Cal., July 17,. (By
Associated j Press.) An advance
of one-fourth cent in the price of
all remaining siiea of prunes has
been announced by the California
Prune & Apricot Growers' asso
ciation. In a bulletin issued to
day it was stated that since June
1 there has been a heavy demand
for 1924 crop prunes and that at
present rate the available stocks
would soon be exhausted. At the
present time the association's
holdings are' all in Sunsweet 30-40
and 40-50, and equality 40-40,
40-50 and 50-60.
State Printing Department
Employe in Suicide At
tempt Friday Morning
MARITAL TROUBLE CAUSE
Note Lift for Wife Found
Apartment; - Young Coupte
Were Married Here Less
Than Year Ago
Lying upon a cot at a local hos
pital with a bullet, hole through
his body, Archie W. McKillop. em
ployed at the state printing de
partment as a messenger, has a
50-50 chance to recover from a
self-inflicted wound, according to
his physician. Domestic diff icul
ties are-believed to have led to his
attempt at suicide, according to in
formation gathered by the police.
Shortly after 11 o'clock Friday
morning McKillop telephoned his
wife, who is employed at the state
industrial accident commission, to
hurry home, giving no explana
tion. Before Bhe arrived at their
apartment, 249 South Cottage,
McKillop had fired a .25 calibre
revolver into his body, the bullet
entering the stomach and passing
out through his back without
striking any of the vital organs or
severing an artery.
Kenneth Bell, another state em
ploye who was in the apartment
house at the time, heard the shot.
investigated and called a physic-
Ian.
A note, evidently Intended for
his wife, was left by McKillop. It
read: '
"This Is enough to pay all we
owe and a little over. I lore you
It had no , address. The note is
thought to have referred to insur
ance papers found in the apart
ment.
McKillop was married less than
a year ago to Miss Florence Var
ley. He is the son of Mr. and Mrs,
A. B. McKillop, 670 Union. Mc
Killop was In Tortland'Thursday
to attend the Elks' parade, Mrs
McKillop going to the city with
friends Wednesday night.
HUGE FIRE IS REPORTED
ALL AVAILABLE APPARATUS
IS RUSHED TO SCENE
PORTLAND, Or., July 17. For
est fire fighting apparatus and
three road crews were rushed by
the United States forest service
from Vancouver, Wash., to the up
per Wind River canyon early to
night where a forest fire, the larg
est reported this season. was re
ported sweeping 2000 acres of
timber In the Columbia National
forest. - - 5
The fire broke out In an area
in which the Wind River Lumber
company has logging . operations
and the company placed 100 men
to fighting it. but the flames could
not be brought under control.
The forest service office report
ed the Shacef Creek tire in the
Wenatchee national forest still un
favorable with the spread on the
south and west sides uncontroll
ed-' The main, fire hae burned
over 600 acres but a secondary
fire has sprung up on the south
fork of the creek and has. spread
over 300 acres with 50 men fight
ing it. c Warning was issued from
the Portland forestry office hat
the fire hazard Is high at the pres
ent time and utmost precautions
necessary. t
PHONE PATRONS GAINING
I SALEM INCREASE IN FIVE
MONTHS 1.57 PER CENT
The number of telephones in
Oregon, Washington and Califor
nia has increased 29,697, or 2.2
per cent in the" last five months,
according to a report of the Pa
cific Telephone & Telegraph com
pany. Salem, according to he
report, increased 1.57 per cent in
the period. ; J
Increases in the five-month, pe
riod in cities of Oregon were re
ported in percentages as follows;
Astoria, 2.44: Albany, 2.05; Ash
land. 1.S9; Bend, 2.47;, Corvallls.
1.34; Cottage Grove; 3.36; Eu
gene. 2.56; Grants Pass, 0.11;
Klamath Falls. 5.71; MUwaukle.
1.96; Newport. 7.12; Oregon City,
2.46; Pendleton. 0.2j6; Spring
field. 1.18; SL' Helens. 4.31; The
Dalles, 0.79; Tillamook, 1.79 per
cent. ' ' .
BOY LS WATER VICTLM
SPOKANE. July 17. Hendrlck
Storm, 11, was drowned In Shelly
lake, near here, today when he
stepped off a led re in the lake
and sank. The . boy could not
swim and his mother fold county
officers that she had warned him
Steincr Ordered By Jndge
Kelly to Produce Patient
, Oa July 27
A! wtU of hJtbeas corpus was
signed by Jtdge "Percy R. Kelly
yesterday afternoon, directing Dr.
E. Lee Steiner, superintendent
of the Oregon state hospital,, to
present 'Grant Mann, an Inmate of
the asylum, in the circuit court
rooms on July 27, and show why
he is being held at the state hos
pital. Attorneys for J. O. Mann
filed the proceedings, stating that
Grant Mann is not insane, and
that he was incarcerated in the
asylum without due process of
law.
Grant Mann is not Insane, the
complaint states. "He is unlaw
fully imprisoned and restrained in
the Oregon state hospital. He is
not under sentence or judgment of
any competent civil or criminal
court. His committment order
was made and entered without
due process of law."
An attack Is made upon the
statutes of the state of Oregon,
which if upheld, will, effect the
legality of the commitments of
all the inmates of both insane
asylums in the state. "The state
of Oregon, the paper states, in
providing for the examination and
committment of Insane persons,
denies due process of law, and no
provision Is made for notice to the
person charged, or for an oppor
tunity on the part of the accused
to be heard by himself or counsel.
or enter any evidence on his own
behalf.";
Another point raised by the at
torneys is that In the orders ls-
Bued by the state, each person is
committed for an indefinite and
indeterminate period, "limited
only by j the judgment, whim, or
caprice of the superintendent."
This, they maUtain, constitutes an
illegal order. .
ELKS j LEAVE FOR HOME
! . " , I , , . ...
PROTEST MADE OYER AWARD
ING OF DRILL PRIZES
! PORTLAND. Jnlr 17 xi
but happy, delegates to the 61st
annual reunion of the Benevolent
and. Protective Order of Elks
which officially and socially closed
tonight with a grand ball, are fat
leaving -for their homes, the de
parture of the grand lodge party
tonight taking almost all of the
larger delegations.
j i oaay tnose who-' could get
away made the trip ud the Colum
bla highway or around the Mt.
nood loop.
Contending that the iudWes In
the competitive drill Wednesday
between teams entered by various
Elk lodges did not consider two
classes of competition military
ana rancy the Withington Zou
aves of Jackson, Mich., command
ed by Capt. William M. Sparks
are protesting the awarding of the
sweepstake honors to Bakersfield
Cal.
According to Clay S. Morse
chairman of the committee under
which the drill team competition
came, it was intended that there
snould be two classes, but from
all indications this was not made
clear to those selected as judges
or .io some of the teams them
selves. 1
As far as the Judges are con
cernea. their decision stands
This was their position at a meet
lng today attended by three of the
live judges.
MINISTRY PASSES OUT
PORTUGAL OFFICIALS FAIL TO
i OBTAIN CONFU)ENCE
! LISBON, Portugal. July 17.
IBy Associated Press.) The mln
istry, headed by Antonio Da Silva
as premier and minister of war,
resigned today. It had been
existence only two weeks. "
i -The premier and his ministers
tendered their resignation after
the chamber passed a motion of
lack of . confidence In the govern
ment by a majority of nIneyot.es.
The action of the cbambercame
as a climax to a long and heated
political debate.
FALL KILLS LINEMAN
OKANOGAN. Wash.. July 17.
Emll Erllng. Washington water
power company lineman died ate
today at Omak from Injuries suf
fered in falling from a pole at
Riverside at noon today.
CLOSE REAPPOINTED
I YAKIMA, July 17. Reappoint
ment of W. L. Close as district
horticultural inspector for Yakima
and .Kittitas counties, was an
nounced here today by I. E. Grin
er. state supervisor of horticulture.
Mr. Close is the only Hart ap
pointee to be 'retained in the
county, by the present state ad-
Ipalpiitrtioa,
Scientific Witnessed and Ev
olution Ex pert s Are
Barred by Judge
TESTIMONY IRRELEVANT.
Trial Wni be Much Shortened by
Elimination; May Reach
Jnry by Tucnday of
Next Week ;
DAYTON, Tenn.. July 17. (By
Associated Press.) The briefest
session yet of the court trying the
Scopes case" today brought the
stormiest hour of the .trial and
forecast the end. of the "evolution
test" soon.
Judge John T. Raulston. by ex
cluding proposed testimony from
an array of scientists shortened
the trial by days. The court's de
cision aroused the ire of attorneys
for the defense, sharp words be-
ing directed at the court session
after he had read his opinion.
With their experts precluded
from taking the witness stand, the
defense will place affidavits in the
record setting forth what the zoo
logists, biologists, pathologists and
others would have said had they
been allowed to speak. To permit
the preparation of these state
ments adjournment was ordered
until Monday morning.
The defense was not expected
to: offer other witnesses, and after
filing of the scientific statements,
arguments would be in order.
Varying estimates were made of
the time required for speech mak
ing, but it was considered prob
able that they would.be concluded
in two days and the case given to
the Jury. Tuesday. v
Today's session was devoted to
the reading of the judicial decree
against occupancy of the witness
stand by scientists and.sharp lan
guage by attorneys. The first
flare-up from the defense table
came immediately after' the opin
ion was read when Arthur Gar
field Hayes asked that an excep
tion be noted, adding:
'It is contrary to every element
of Anglo-Saxon procedure and
jurisprudence to refuse to permit?
evidence as to what evolution is
and what it means, and what thf
Bible is and. what it means."
Attorney General Stewart gain
ed the courtroom floor as soon a
Mr. Hayes had stated his exeep
tion to say -that in the name ot
the statehe objected to the man '
ner in which the defense exception
was stated. He considered it a
reflection on the court.
"Well It doesn't hurt this court,
said Judge Raulston.
"I think there is no danger of
it hurting the court." replied the
attorney general. , "There Is no
danger of it hurting us." was Mr.
Darrow's contribution. "No, yon
are already hurt as much as yon
can be hurt," from Stewart.
"Don't worry about us." replied
Darrow. "The state of Tennessee
does not rule the world yet. With
the hope of enlightening the court
as a whole, I want to say that the
scientists probably will not cor
rect the words 'descent of man,
and I want to explain what de
scent means, as starting with a
low form of Ufa. and finally reach
ing man."
"We all have dictionaries." said
Stewart. ' ;.
"I don't think ' the court has
one." rejoined Darrow. ;
Judge Raulston. in his opinion,
ruling the experts out, had said:
"I desire -to suggest that I be
lieve evolutionists should at least
show man the consideration to
substitute the word 'ascend for
'descend. " .
The suggestion wai made in con
nection with a review or the act
of the legislature under Which the
indictment agalnH Scopes - was
brought. The statute made it na-
(CntinM on xf T)
SCHOOL HEAD IS KILLED
C. Ii MULKEY MEETS DEATH
WHEN TREE HITS AUTO
NORTH BBND, Or.. July 17
County iScaooI Superintendent
Charles E. Mulkey. 45, of CoquUle.
wis killed lnitantly today in the
city park at North Bend. Ha was
driving on the Roosevelt highway
when a large tree fell across the
road, upon his automobile. Mr.
Mulkey's neck wss broken and the
entire upper portion 0f nia body
was crushed. He had been visit
ing schools north of the bay and
was returning home via the fen-y.
The ferry landing is the entrarfe
to the city park and there aro
scores of giant eprnce trees on
each side of the toad.. The wind
was blowing a gale and a green,
tree about three feet in diimT
and ISO feet high was rproofM
and blown squarely ' acror-. tve
road striking the automol. !!.
Emll Peterson of North prnd wai
driving just behind Mulit'a car
and, aw tfc accjdenj,-
i - : ' 7 .