ma LEGION MOBILIZED FOR FEW UPSETS NOTED ASSOCIATED CHARITIES TO BE AIDED BY CLUBS SUPREME COURTNWLES ZONING CONSTITUTIONAL BUTTLE! T00ZE SEEKS POSITION FIRST FALL OFFENSIVE ' " - f OR STATE SCHOOL HEAD 1 BALLOT RESULTS i OFFICER'S CASE OPENING GUNS IN FINANCIAL COMMUNITY CHEST IS NOT TO BE USED THLS YEAR VALIDITY- OF EUGENE BOND . ELECTION UPHELD WILL BE REPUBLICAN CANDI DRIVE ARE FIRED DATE AT PRILRTES ' Oil MIL BY SG DDL BUDGET IS TO STABT TODilY - Committee Believes Special Election or Careful Prun ing Is Only Solution TEACHERS ASK INCREASE Street Sweepers Command More Money Daring Year Than Average Pedagog Declares Delegation of Three The school board is confronted with the problem of a 'shortage of $j600 in the budget. for this year, it was revealed last night at the meeting; of the school board in conjunction with the budget com mittee of taxpayers. , One of two courses must te pursued; either a j-ptoial election must be held ask ing for the amount needed, or the. -money mast;be pruned from the various expenditures set down as bt-ing necessary in;, the proposed budget. The; total amount, asked is $333,632, of which the biggest item is $237,970 for personal serv ice. . . j besides this the teachers of the city have organized to ask for a readjustment of their salary sched u le. To make a satisfactory read justment it: is held that between S40,eoo and $50,000 will be need ed. Under the proposed schedule submitted to the budget commit tee by a committee of three teach ers, the minimum salary-for ele mentary teachers would be $1200 and for the Junior high school teachers and senior high j school teachers $1450. Under this new plan it would also be the purpose : to raise the standards of teaching in the Salem schools. For instance, ' teachers in order to receive the minimum of $1200 would have to have had normal school training. and in addition two years exper ience in teaching. This, it is held, would induce teachers of proven worth to sign with the i Salem Schools Miss Crowley, one of the teach- era, told the budget committee that the Increase if granted would hot take effect, until next year, and the teachers feel the need for im- xadiate relief. . Consquently she suggested that also tWairr,l5 teachers be allowed a month's ad ditional pay to defray summer school expenses, which the teach ers are asked to take. Miss Creech, another teacher, told the commit tee that living costs have increased approximately 50 per cent since the last salary readjustment was made in 1919. Prof. Dodson, the third mem ber of the teachers' committee, de clared that street sweepers in Sa lem are getting from $104 to $110 a month, the year around, while . school teachers are getting as low as $82.50 when their salary is av eraged for twelve months. He showed that policemen in the city get $1500 a year, and declared that he gets the same amount for caring for the education of 300 children. He expressed it as his belief that teachers should he at lowed sufficient remuneration to allow them to live as they should and to lay a little aside for furth ering their own training. lie also advocated that the same exper ience draw the same pay. Under the present system, he said, ele- i (Continued on page 2) INDIANS FILE PROTESTS COMMISSIONER 1 8 CHARGED "WITH VIOLATING DUTY HELENA. Mont., Nov. 3. (By Associated Press). Charges that Charles II. Burke, commissioner of Indian affairs at Washington, "has knowingly and intentionally " permitted the property of Indians to be misappropriated, wasted and squandered and that he has vio . lated his duty as commissioner of v. Indian - affairs In many, ways, were made today by representa tives of the seven Montana tribes at a pow wow in Helena today and forwarded to President Coolidge as a request for the removal of V the commissioner. ' There are thirteen charges in the resolution asking for Burke' removal and with them is a re quest for "an opportnnlty to prove ' said charges' and the further re quest "that the Indian bureau will not be allowed to investigate it self." - The request for Burke's remov' al is signed by fourteen council- men of the seven Montana tribes The delegates are in convention here to determine on a course of action on .several problems relat Ing to the welfare of the various tribes. A., A, Gror, of Helena, is r acting as legal- adviser for the Indians. ; Among the charges against Burke is the charge that he has deliberately and maliciously with held tribal payments as punish ment to Indians. Armistice Day Tickets Go On Sale Today; Big Success Already Indicated Heavy artillery was mobilized last night and the American Le gion is ready to fire the opening gun In the ticket selling drive lor the Salem sector today In the first annual: Armistice Day offensive. Support and reserves are in posi tion and all committees await the zero hour. Twelve thousand of the tickets have been drafted and no quarter will be offered until all are disposed of. .'i ; "Something for your money and buy Legion tickets is the war cry," according to Biddie Bishop, general in charge of campaign. If the Armistice Day celebration proves the success that is already indicated. Capital Post No. 9 will have sufficient funds to carry on its activities throughout the year and the post will adopt this meth od of raisins; needed money in future years. Armistice Day is the Legionnaires day to celebrate and to provide the necessary fi nances. Dues are not sufficient to take care of entertainments and post activities and to finish pay ments on the equipment for the drum and bugle corps. The fifty suits and instruments represent an investment of $5000." Legion tickets entitle the holder to attend one of two football games, -the first between Willa mette and Albany college prior to the big morning parade a week from today and the second in the afternoon between Salem and Eu gene high school elevens. A tick et will enable the holder to see the show at the Oregon," Bligh or Heilig theaters while another cardboard will permit dancing at either the Crystal Garden or the Armory. One-half the price of the ticket, 50 cents, goes to the Legion and the remainder to the manage ments of the various attractions. In any event the holder gets full value for his "four-bit" invest ment. Legion men who have been is sued blocks of tickets are Fred Powell, Ray Bassett, Raymond Boice, Lloyd Rigdon, Archie Holt, Vic McKenzie, Bill Watklns, Claude McKinney, Carl Gabrielson, Vod Mason, Braxier Small, Frank Dnrbia, Jr.; Walter "2oseI;" Jess George, Dan Fry, Jr., Carl Hinges, Harlen Fellers, Rnfe White, George Griffith, W. K. McKnight, Earl Ronda and P. D. Quisenberry LINER BADLY BATTERED BEItEXGARIA PASSENGERS IN JURED IN TERRIFIC STORM CHERBOURG. France, Nov. 3 (By Associated Press ) .-Fifty or more passengers landed from the steamship Berengaria today with bandaged heads, arms in splints or sprained tegs. They were injured on the voyage in the most terrific storm, in the cap tain's estimation, the shin had ever encountered. The tempest struck the Beren garia last Saturday and lasted 24 hours. The seas ran mountain high One terrific wave caused the ship to stand on end. and such passen gers and members of the crew as hardened to he on deck were thrown violently. The commander of the Beren garia said that in all his 32. years at sea he had never seen weather equal to that experienced during this trip, culminating In the tem pest . of Saturday. The liner ar rived in port here more than half a day late. The liner Avon from South America was 24 hours over due owing to the gale. FILM SHIEK GOES EAST VALENTINO SAYS HE WILL NOT VISIT HIS WIFE HOLLYWOOD, Cal., Nov. 3.- (By Associated Press.) Rudolph Valentine, .noted lover of the screen, departed today for New York and London after taking pains to explain that he was not going east to see his wife, the for mer Winifred Hudnut. "She probably will have return ed to New York from Paris by the time I arrive, he explained, 'but Mam not going to see her.'! The motion picture sheik, who recently announced be and Mrs,. Valentino were enjoying a "mari tal vacation," said he planned to spend the Christmas holidays In Italy, returning here early next year. 4 VETERAN PLAYER DIES Baltimore; Md., Nov. 3. (AP.) Samuel Frock, 45, veteran baseball player, died here today Frock was moundsman for the Pittsburgh Pirates in 1909, and later, for the Boston Braves and Baltimore Orioles. - -, . Official Returns From Thir teen States Fail to Con tradict Predictions PARTY HONORS DIVIDED Democrats Again; Win Tremendous Victory in New York; Re publican Is Elected Boston Mayor NEW YORK. Nov. 3. (By As sociated Press ) . With only 343 district missing out of 3.073 in the city. Senator James Walker, democrat, had a lead of more than 353,000 over Frank D. Waterman, republican, for mayor. The vote: Walker 65 s,s51; Waterman 305,- 789. Few upsets in yesierday's elec tions in 13 states were indicated on the face of unofficial returns reported up to midnight. The democrats won a smashing victory in the New York city elec tion and their candidate for gover nor of New jersey was leading at mat hour, but by a steadily dwindling majority. A republican, was elected mayor of Boston for the first time since 1907 and the republicans retained control of the municipal govern ment of Indianapolis, and wrested Evansville, La Fayette, and other important Indiana cities from democratic control, but lost "the mayoralty of South Bend. The democrats elected a gover nor of Virginia with the usual large plurality, but the contest for treasurer in this state furnished a surprise after the religious issue had been injected. Results in the congressional fight in the Third Kentucky dis trict still was In doubt at mid night, with the republican party winning in the Third New Jersey district. A democrat "was lea ding in Kentucky. The mayoralty fight in Louisville, Ky., furnished a close race between democrats and republicans, with first the candi date of one party and that of the other taking the lead. It appears that a complete count would bo -necessary before the re sult would be "cer tatn In the New York city election, with only 193 districts missing out of 4073, State Senator James J Walker, democrat; had rolled up a lead of more than 350,000 over F. D. Waterman, republican for mayor. The vote stood: Walker, 697,496; Waterman, ,319,495. In the New Jersey gubernatori al race A. Harry Moore, democrat, held a lead of 31,000 over State Senator Arthur Whitney, republi can, with a third of the state re ported in. Later returns, embrac ing half the state reduced this lead to 19,216, however, with Whitney steadily cutting down the margin with which Moore came out of his Salem Federation of Clubs Will j Meet Situation Without Any j I ; Delay -. . -: j At a meeting of the Salem Fed eration of Clubs, held last eve ning at the Chamber of Commerce the general consensus of. opinion was that the big job to be attended, fo without delay was in helping the Associated Charities. The idea of a community chest snet with general favor but not to be put in operation until sometime ttext year, possibly next fall be fore various organizations go out on their annual drives for money. Mrs, John A. Carson and Harry tevy both spoke at length on the present need of funds for the As sociated Charities. Gideon Stolz made a motion which was unani mously carried, that the first thing to do was to contribute to-jvard-3 the Associated Charities, ind his motion was taken as the iense of the meeting. I Dr. Henry E. Morris, president Of the Salem Fedpration of Clubs, Said that the meeting had been tailed to get the general opinion on a community chest for some future time. Miss Amelia Feary, assistant di rector of nursing service of the Marion county child health dem onstration, spoke in favor of a fcommunity chest, basing her re marks on experience on commun ity chest work in Tacoma and oth er cities. To investigate the community Chest in towns about the size of Salem, and to make recommenda tions, a committee was appointed consisting of J. Wm. Chambers, Jos. H. Albert end G. E. McAfee. 'OPEN HOUSES" SLATED TICK BROTHERS AND SALEM LAUNDRY ARE HOSTS Salem people will have an op portunity today and Thursday to "see how it works." On these twe days Vick Brothers and the new Salem Laundry will hold oper house for Salem. Vick Brothers will give aldemonstration in theii radio department, with all models and styles on exhibition. Three makes of radios will be heard, the Splitdorf, the Atwater-Kent and the Supertone. Each will be ex plained thoroughly by Chester Way, radio expert with the com pany. The newest in radio equip ment will be exhibited at the dis play. The laundry company has made preparations for a practical ex hibit of all machinery in the plant and will have this machinery in operation on jthe two nights. The washers, dryers, rollers and other devices will be demonstrated and will be operated as thevare In everyday usage. The laundry is located across the streefrom Vick Brothers. Both displays will start at 7:30 in the evening and will close at 9:30 o'clock. IS THIS WHY THEY CALL IT THE WINDY CITY ? Opinion Has Erfect on City; Ap pointment of Special Com mittee Expected Both the constitutionality of the Portland zoning ordinance and the validity of a special elec tion at Eugene authorizing a mu nicipal bond issue of $500,000 for the erection ot an auditorium on the campus "of the University of Oregon were upheld in opinions by the supreme court Tuesday. The zoning opinion was written by Justice Burnett with Justices Bean, Brown, Coshow and Belt concurring and Chief Justice Mc Bride and Justice Rand dissent ing. Judge Robert G. Morrow, of the lower Multnomah court, was reversed. The Eugene opinion, written by Justice Bean with Chief Justice McBride and Jus tice Coshow ahd Rand concurring and Justices Burnett 'and Brown dissenting, reverses Judge j Percy H. Kelly, of Marion county, who heard the case. Because Salem is seeking to zone the city and; a spe cial committee authorized, the Portland opinion is of unusual in terest to Salem. Mayor J. B. Giesy has deferred from naming his committee pending the court ruling on the Portland plan. The Portland ordinance was at tacked by (Ernest Kroner and Frank Michels, who were prohib ited from erecting ,a creamery oa two lots at Thirteenth and Pine, in a suit instigated against the city when steps were taken to pre vent the erecting of the building "It is plain," says the opinion, "that governmental agencies en trusted with the policepower, as the city of, Portland is, can enact laws regulating the use of proper ty for business purposes. Other wise it would be permissable to erect a powder mill on the site of the Hotel Portland or to install a glue factory next to the city hall or to erect a boiler shop adjacent to the First Congregational ehurch. Such things would be legitimate but for the restraint of the police power. The difference between such instances and the present contention is in degree and not in principle. "Applied to the present situa tion, it is very clear that a cream- Lry, with Its boilers, jmUfcicajas, delivery trucks, process of; manu facturing and fire risks jf the business, requires treatment in the way of regulation different from that appropriate to a mere private dwelling." "The property of the plaintiffs is not taken," says the 'Opinion further. "They have precisely the same estate that they had before All that the people of Portland have said is that within certain districts certain businesses shall not be carried on and the proper ty situated therein shall not be used for such undertakings. It is far more convenient and condu ciye to the welfare of the city that enterprises of certain kinds shall f Continued on page 7 Trial Before Army Court Martial Tribunal Is Halt ed Until Monday DEFENSE PLEA DENIED Motion of Counsel to Dismiss Case on Grounds of Insuffi cient Proof js Refused by Court WASHINGTON, Nov. 3. (By Associated Press.) Prosecution and defense counsel battled to a tie today, with the court martial tribunal trying Colonel William Mitchell on charges of conduct prejudicial to good order and mil itary discipline sitting as umpire and finally adjourning the contest until Monday. The prosecution headed by Col. Sherman Moreland, scored first when the court declined to free the air officer on a motion by Representative Frank It. Reid, civ ilian defense counsel, who con tended that not a scintilla of evi dence of guilt had been presents! against the air officer. The de fense then scored its victory, the court deciding it should be per mitted to call what witnesses it believed necessary and directing the prosecution "to take imme diate steps to proceed" with the summoning of the long list ot wit nesses and the production of vol uminous records from government files it had requested. A compromise on the request to summon three cabinet oiiicers, Secretaries Davis of the war de partrnent; Wilbur of the navy and Jardine of the agriculture, was effected by the defense and prose cution attorneys at a conference called later in the day. It was cgreed that the presence of the cabinet members in court would be waived provided the records in tneir possession were produced by authorized agents. A further compromise is prob able in the matter of summoning witnesses from Honolulu and oth er far away places. Their test! mony will be sought in the form fof -depositions to be pffcweti iti-evi-k dence by the defense. This move is put forward asa means of ex reditnig the trial, now threaten ing to extend over a considerable period and also to save the gov ernment the heavy expense of bringing such witnesses to Wash ington. Mr. Reid advised the court in support of his motion to dismiss the charges and specifications against Colonel Mlrchell soon af ter it was called to order by Maj or General Robert Howze. He de clored emphatically that the pros ecution had failed when it rested its cas'j yesterday, to introduce in evidence, any of the elements neces sary' to Constitute the offenses it charge! in the specifications. Coconcl Mitchell's criticisms of the war and navy departments on the ground that they were in competent, criminally negligent and almost theasonable in the con duct of national defense, Mr. Reid said, were not made in a way that proved "intent" to bring discredit cn the military services and he c t tended the prosecution bad not l roved the "intent" as required by courts martial regulations. The motion was rejected by the court after it had listened to a brief counter argument by Colonel Moreland, who asserted that the evidence he had submitted was sufficient to sustain the charges and specifications against the de fendant. Respecting the question of in tent, Colonel Moreland asked how it could be established, adding that Colonel Mitchell's "head can not be opened or his heart exposed for the purpose of ascertaining what he thinks or feels." He de clared that in the majority of cases where "intent" was the Is sue It had been determined ex clusively by what the defendant "says and does." ' 4 THREE POSITIONS FILED GOVERNOR ANNOUNCES' AP POINTMENTS TUESDAY Three appointments were an nounced Tuesday whilo .Governor Walter M. Pierce was in Portland. Marshall N. Dana, Portland newspaperman, accepted the place left vacant on the state parole board through the resignation of W. O. McLaren, also of Portland. Judge F. Skipworth of Eu gene; a member of the board of regents for the University of Ore gon, 'succeeding the late C. "E; Woodson ot Heppner. Judge Richard Deich was ap pinted a member of the tattleship Oregon - commission to ( succeed Colonel U. g: Worrilow. " Long Active In Educational Af- fairs; Editor of Oregon Teachers' Monthly P. J. Tooze, editor of the Oregon Teachers' Monthly, has announced his candidacy for the Republican nomination at the May primary election for state school superin tendent to succeed J. A. Churchill, who is resigning at the end of his present term of office to assume the presidency' of the Southern Oregon Normal school at Ashland. Mr. Tooze has had extensive edu cational training and successful experience in school teaching and administration. He is also a member of the senate of the state legislature. Upon completion of his public school education in Michigan, Mr. Tooze was graduated from khe Michigan State Normal after a six- year course, received a degree of bachelor pedagogy. Following this he was awarded a bachelor of art3 degree from the University of Michigan, where he took advanced work in educational history, phil osophy and administration. After teaching in rural schools for several years he became an instructor and principal of village schools for four years, later be coming a superintendent of city schools, .including nine years at Oregon City while five other years were spent in this position. Mr. Tooze engaged In educational work in the YMCA and teacher-training in Portland for. two years, and has always given freely of his time in the educational work of the YMCA, particularly doing welfare work in the World war period. He is a county institute instructor and a member of the committee on education in the 1923 and 1925 legislatures. During the last ses sion he was chairman of the sen ate ways and means committee. At present he is editor and man ager of the Oregon Teachers' Monthly, Oregon's educational magazine; edits the Pacific Home stead, one of the leadig periodicals of the northwest, and finds time to contribute regularly editorials on educational, civic and political matters to The Oregon Statesman. He is a church member, granger, and belongs to the Pythian and Modern Woodmen orders. -1 i iiir'ffi' r-r ' -- DEMPSEY'S AGENT QUITS PUBLICITY MAN SAYS KEW CONTRACT TO BE BROKEN LOS ANGELES. Nov. 3. (By Associated Press). Roy Benton, who as publicity man for Jack Dempsey, revealed several months ago the preliminary negotiations for a Dempsey-Wills title; match under Floyd Fitzsimmons" promo tion some time next year,: an nounced tonight he was resigning as press agent and counsellor of the heavyweight champion rather than be a party to what he termed the imminent invalidation o the contract finally obtained by the Indiana promoter. At the same time Benton de nied reports previously circulated to t he effect that Dempsey had discharged him. He said he was under contract with Dempsey, but had wired him today in Mexico City asking to be released and ex plaining that he wanted "to get out before a thunderbolt falls."; , In adding his voice to the skep tics' chorus which has. discounted the Wills - Dempsey - Fitzsimmons arrangement ever since the parties took their pens in hand and signed on the dotted line, Benton admit ted he could not say just how the Tmzsimmons' contract would be sidetracked. r C He said he had definite infor mation, however, that Ray .Can non, Milwaukee attorney,' was rep resenting Jack Kearns as yrell as Jack Dempsey in the mbv to throw the Fitzsimmons' j treaty overboard, and that the main pur pose behind the move was to, give Kearns at least two more 'Dempsey fights under the contract he has with the champion which' does not expire u ntil next August As it stands now the Fitzsim mons' contract prohibits Dempsey from risking his title before 'giv ing Harry Wills a chance, at it., ' LABOR GAIN' IS LARGE 135 SEATS ARE SECURED IN MUNICIPAL ELECTIONS - ' f i - ' ' LONDON, Nov. 3, (By Assoc!-; ated Press.) Complete returna from- the municipal elections :held throughout the country sh6w total net gains of labor of 1357seats? 47 in the provinces and 88 la Lon don where labor now has ."a ma-.' Jority in eight of its 28 boroughs. VANDERBILT OPERATED OX I ATLANTA, Ga., Nov. ;3.-r-(By Associated Press.) Cornelius Vanderbllt, Jr., wealthy ..news paper publisher, was operated on today for the second time within two weeks for , an infection "of the Jawj f """r v-;-' ''i ; Committee Is Expected to Go Beyond Limit Set By Secretary Mellon - 1 . COOLIDGE GIVES VIEWS President Sees No Harm ta Going Above Suggested - Mark; $350,000,000 . Slice J . Thot In Order j ' , WASHINGTON Nov. S.(By Associated Press.) Public hear-: ing of proposals for revision of the revenue law was completed today by the house ways and means com- : mittee and it will start work to morrow on a bill to reduce taxes. Yhile asked by Secretary Mel lon to keep the reductions within a total of $300,000,000 a: year, a number of committee members were prepared tonight to go be yond this mark to accomplish the widespread revision in rates dew sired. - - In . this connection. President Coolidge let it be known' that be 1 sees no harm in going aboye this limit, if necessary and the belief prevailed tonight that the commit tee would recommend a reduction of at least $350,000,000 of the an nual tax burden. " How the reduction will be ap portioned among the various forms of taxes will be among the first problems tackled by the, commit tee in executive session.! Slashes in the normal and surtax Income tax rates are expected to account for about $150,000,000 of the re duction with the remainder divid ed among the inheritance tax and the various miscellaneous and ex cise rates, many of which probably will be repealed. ? , The committee plans to have a bill ready for presentation to th house when congress meets De cember 7, and Chairman' Green said today he believed it would take little time in reaching deci sions on new rate schedules. H will insist that the income tax reductions be made effective for incomes of this year on which taxes are paid next year. t?5RepehT"iOT reduction of practio." ally every tax now on the statutes has been urged during the hear ings, and If the cbmmittee "heeded all repeals, the total reduction would reach almost ,$750,000,000, While sucir reduction of 'course is impossible, ' committee 'members have indicated an intention to re duce the special levies onvarious business to: a greater, extent than proposed by the treasury.' J At the concluding session of the hearing, today, the committee was told by A, W.. Gregg, solicitor of the internal revenue 'bureau that it would be , current In .'its work within the. next year, .'despite 73, 000 unclosed cases BtlU; pending. Arguments also were heard to day tor repeal '. of , the . tlxea on steamship tickets coin f operated devices and on, brokers dealing in theater tickets, ; while "the' invest ment banker's association urged reduction of the. income rates to a maximum of 25 per cent," normal and .surtaxes-combined, and re peal of the inheritance and gift levels. The national' grange, how eyerj submitted, a brief asking for retention . pti the present ; surtax rates, and a graduated inheritance tax. - ' V : rHiNLLVfc WINS - FIGHT it.:-'--", ' a p . -. FIRST PARLIAMENT -KITTLE" ; VOYBl KEW MINISTRY PARIS, Nov.. 2. ?By Associat ed Press.) The.Palnleve ministry won, .Us, first-fight. lri parliament today, ; thanks ' to . the support of former," political enemies, gaining, at .least a short'jease.of life by a rote of 221 tdr I83, This in fact but not Ja spirit was' a vote of confidence in. the new' cabinet, al though ,121' deputies ' abstained1 frora-jroting.' '.. ; ; . ' -j The" .moderates 'and conserva tives fearing the disastrous effects of.- a further y prolonged - "political crisis; rallied , to; the .support of Premier . Pa fnlv a." In' mm.iant numbers to -offset the' socialists aerecuon.; in, so .doing, however, they made- it clear through their spokesman, JtL. Landry, that their vol? was not an expression ;of con fidence in the cabinet, but a vote to. end Jthe existing choatic condi tion of public affairs. ! . j: .The yoU In, favor "of the cabinet f alls,' far short -of ; the usual sig nificance; of. such action because many "deputies : who. ; lref used to overthrow the cabinet opposed the financial conceptions as outlined In . the premier's declaration. The fact, tljat the' pound sterling was at 120 and the dollar at 24 R in francs -caused a great impression during the debate and' exercised considerable influence 'on the de cision of hesitating'deputiea, .