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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Dec. 5, 1925)
-tin SEVENTY-FIFTH YEAR SALEM, OREGON, SATURDAY MORNING, DECEMBER 5, 1925 PRICE FIVE CENTS i Convict's Attorney .Says,; 20 Year Term Must Be Served Before Hangin 1 (T I HAPMAN PARALLEL SEEN Subsequent Seotenre on Distinctly New Charge Cannot Bo Substituted, Defense) Attorned $asl .; mm The state of Oregon cannot hang Tom Murray, leader in the fatal prison break of August 12, until Murray has completed his sentence of 20 years in the peni tentiary. Will R. King declared yesterday in filing his bill of ex ceptions on appeal in the circuit court here. Murrdy has been sen tenced to die on Friday, the eighteenth of this! month., 5 , :., ! The case presents unusual as pects. Murray at the time" of the break was serving a sentence of 20 years for robbery with a dan gerous weapon, following his con viction on a charge of robbing the Florence bank. Murray was regu larly convicted and committed to the state prison on the bank rob bery charge, his attorney: declares. Until that judgment Is satisfied, King says, a subsequently imposed sentence on a distinct audi separ ate charge cannot be substituted It will be remembered that the attempt to forestall the execution of Gerald Chapman, most notori ous of American criminals, is based on the same grounds. Chap man .escaped from the Atlanta penitentiary in Georgia where ,he also was serving -a sentence of 20 years. He was found guilty of a charge pf murder, committed sub - sequent to the break. Chapman was sentenced to die. His attbr neys, however, Drougnt up me point that Chapman was now un der a sentence in the Atlanta peni tentiary, and that until that i sen- .. tence.had been satisfied no other sentence could be imposed.! 1 - As a move to checkmate the de fendant's attorneys, the state pro cured a pardon for Chapman, - signed by President Coolidge, lift ing the sentence in, the southern prison. Chapman, however, at the instigation of his attorneys, re fused to accept the pardon, an action said to be without parallel In the Vecords of United States- procedure. The case is now at a " standstill, neither side having made a subsequent move. Whether or not a pardon will be obtained for Tom Murray, ab solving his from his sentence for bank robbery, is not known. If such a procedure is undertaken, it is believed that the same course followed in the Chapman case will be adhered to. It is said there is no legal precedent to govern the situation and the case will in all probability go to the highest courts for a decision. Tonr Murray, with -his two part ners In the break. Ellsworth Kel- ' ley and James Willos, was found guK'-of murder in the first de- " grte as a result of the prison escape in which two guards, John Sweeney and J. M. Hoiman. as well as Bert Oregon Jones, a con vict, met death. Murray was con victed on October 15 and was sen tenced to die on December IS. The case was appealed to the su preme court. Kelley and "Willo3 were also sentenced to be han?ed and it was announced that their case would be appealed. Some time yet re i mains until the bill of exceptions i in the latter case must be filed. In view of the action taken by Mr, JKing In the Murray case, it is thought the same course will be (Con tinted n ptfa 3) HANDCUFFED, KEY LOST TWO GIRLS ARE VICTIMS IX MOCK COtBT TRIAL Key, key; who has the key? . -This was the question asked by members of the Clear Lake Literary society last, night. They had held a mock court, and two girls, the prisoners, were handcuffed to each other. Somehow the key became lost; the girls were linked ' together for the evening. V . Members of the society then brought the girls to the Salem police station where Sergeant Pierce and Officer Thomason hunted in vain 'tor a key that would unlock the cuffs. -' . Failing there, Thomason took them over to the home of Wayne Stewart, locksmith. He was arcused from bed. andac coinpanied them to his shop where he freed them. , The girl3w who refused : to give their names, declared that the handcuffs had at least made them inseparable companions. MIDNIGHT CAPTURE MUFFLED STEPS BRIXG PO LICE OX SEARCH Muffled steps on the roof of the house at 3S5 North Eigh teenth street! This was the report phoned local police headquarters aa the hands of the court house clock crept near to midnight Wednes day. Officers were sent. Stealing along quietly, they hoisted themselves to the roof. No one could be seen. Was the culprit hiding? Hand on gat. one of ficer saw a body. With set Jaw he crept forward and sprang Good grief." said the officer. Meow!" said the cat, with Cheshire countenance. MONTANA COWBOY TRIES TO AVENGE WILD HORSE ATTEMPT MADE TO DYNA MITE HORSE-MEAT PACKERS Cowboy, Seriously Wounded, Say9 Morses Being Silled Aroused Madness ROCKFORD, 111., Dec. 4. (By Associated Press) Prank Letz, a cowboy from Montana was found seriously wounded in a thicket where he had crawled fol lowing a gunfight early today when detectives surprised him in the act of placing dynamite to blow up the horse meat packing plant of Chappell Brothers. The plant used to convert semi-wild horses into dog food and meat products for export to Europe. Letz told authorities that he had become aroused by the thought of horses which he had loved so well on the Montana ranges being shipped to the Rockford slaughter house and came here to destroy the Ibusiness. Four times he set fires at the packing plant. One of the fires, October 1, destroyed one unit of the plant with an estimat ed loss of $50,000. Several per sons were injured. Three other fires were extinguished before do ing any great damage. A detective, one of many guard ing the building saw ! a figure crouched again ' the ; wall of the plant early today. He chal lenged the man. The answer was a shot. In the ensuing fight the detective fired several charges from a sawed-off shotgun. Investigation disclosed a suit case full of dynamite enough to destroy the entire plant, beside a hole dug in the brick wall of the building. Letz was found in a semi-conscious condition in a clump of bushes almost 2 miles from the plant. His back was cut to rib bons by the birdshot from the shotgun. His condition was so grave tonight that it was impos sible for authorities to get a de tailed statement from him. SILVERT0N MEN COMING WILL BE GUESTS AT CHAM- BER MEETING MONDAY Members of the Silverton cham ber of commerce will he guests of the Salem chamber at its luncheon Monday noon. Silverton will be discussed at the meeting. G. I. Barr, mayor of Silverton, will speak on "Silverton from the Mayor's Viewpoint." George V. Hubbs, vice president of the visit ing chamber, will talk on "What Silverton Is Doing." T. P. Ristei gan, treasurer, will give the final address. "Silverton. from the Standpoint of a Banker." Officers of the Silverton cham ber are L. C. Eastman, president: George V. Hubbs, vice president; C. A. Reynolds, secretary, and T P. Risteigan treasurer. T. M Hicks, president of the Salem Chamber of Commerce, will pre side. HEROES LIE UNMARKED INFORMATION' SOUGHT OX CIVIL WAR VETERANS Unknown, save the scant detail of their names, and unmarked thirteen veterans of the Civil War lie in City View. These heroes are W. W. Wiley, Samuel E. Midlam, J. S. Gilmore Robert Baker, Israel Woods, AI bert Woodhurst. J. S. Buhl, died 1918; Meeker M. Culver, died 1922 and James Rasmussen, died 1922. i "The Grand Army Post have in the City View cemetery a promin ent 8 pot for burial of comrades of the Civil War. From time to time comrades had been laid there,, somewlthoat - markers ' or headstones. 'Any one who knows or can aid in getting Information concerning them, or in locating relatives who might know- these: comrades asked to t write or phone "Mrs. Mabel Lockwood. Salem. teads an appeal signed -by J-; J. New myer, commander and liable A Lockwood, assistant adjutant. TO I S Dr.' George H. Alden, of Wil lamette, Named Chair man of Grouo NATIONAL FACTS SOUGHT Improvement of Courses in Kle- nientary ami High Schools of State Object of Study for legislature With intent to improve rather than to expand on the curricula now in use in elementary and high schools of the state, the commit tee called irto being by the last legislature met last night at the Marion hotel. Organization of the course in study commission, provided for by the last legislature, was completed at the meeting. Dr. George H. Alden of Willamette university. Dr. C- J. Smith of Portland and Senator B. L. Eddy of Roseburg comprising the membership ap pointed by Governor Walter M Pierce. Dr. Alden was chosen chairman by the commission, and Dr. Smith secretary. The secretary was in structed to complete data from every state in the union concern ing the salient features in the course of study and text book re commendations of each. The sec retary of the commission will also apply to the national bureau at Washington, D. C, for any matter that will assist the members in recommending educational bills for adoption at the next legisla ture. The committee arranged for second meeting on January 9, in Portland. When interviewed at the Mar ion hotel last night. Senator Eddy said: "We expect to get the views of the people in education work as well as those who are not connect ed wjtll it. With, this in view, questionnaires will be sent out and later on the committee will hold public hearings. "Object of the committee is to ascertain whether or not there is room to improve the courses o study in the elementary and high schools. This is not for the pur pose of adding to the present cur ricula, but of securing more thor ough training in fundamental branches. "This is to prepare the young people to enter the higher insti tutions of learning, for practical life in case their schooling should end with the high school. . "We will ascertain what studies are actually taught in the differ ent grades and what emphasis is placed on fundamentals. We shall see, for example, what em phasis in English is placed an grammar, composition, spelling ' f.n:nni f.ti pagt 3.) COMM TTEE MEET . TN- m -i . . .. ..t.jti rr.-.-..-.'JTj!i i-n i i ALLEN MacLAREN BEGINS YEAR TERM IN PRISON WILL BE TREATED LIKE ANY OTHER PRISONER Marks End of Hitter Fight to Rive Portland Youth Prom Penitentiary Allan MacLaren, son of the Rev. W. G. MacLaren. nrominent Port land social worker, was dressed n at the state prison here this afternoon to begin serving a four- year sentence imposed upon him two years ago by the circuit ccn of Clackamas county for a statu tory crime. MacLaren's incarceration follows one of the most bitter fights eer staged in this state to evaded a prison sentence. Convicted in ae lower court, MacLaren carried his fight to the supreme court whre the decree of the lower court "as arrirmed. Then began a cam paign to persuade Governor Pierce to intervene and extend executive clemency.- V Petitions bearing the signatures of several hundred citizens, to gether with letters and telegrams urged the governor to save the youth from the taint of prison life. The Rev. Mr. MacLaren, a per sonal friend of the governor and until a month ago a member of the state parole board under ap pointment by Pierce, carried bis plea to the governor in a confer ence lasting several hours last Saturday,, just before the expira tion of a 30-day reprieve granted by Governor Pierce to affird an opportunity for a careful study of the case. As a last resort. Mrs MacLaren, mother of the youth, called on the governor Thursday but failed to move him from his determination not to interfere with the sentence of the courts. "MacLaren will be treated the same as any other prisoner re eeivedat this institution," Deputy Warden J. W. Lillie declared to day. Gladwin Lawpaugh, convicted on the same charge as was Mac Laren, is already serving a five year sentence in the penitentiary here, and Archie Livingston, the third member of the party involv ed in the affair, is at Ilberfy unaer a parole granted by Judge Hamil ton of Clackamas county after he had been sentenced to serve two and one-half years in prison. DEPORTED IN CHAINS DANGEROUSLY INSANE," IS GIVEN TO GOVERNMENT Taken from the prison as a dan gerously insane case, Alfred Ahl den was yesterday turned over to federal deportation officials for deportation to Sweden, being re leased on a conditional pardon issued by Governor Pierce. Ahlden was serving a three-year sentence for threatening to kill, being sent up from Tillamook county on March 6, 1923. For the past year he has been confined fn the state hospital for the in sane. THE NEW GAME HOG bitiif TO GO TO Conflict Between Wets and Drys Gains New Momen tum; Lines Drawn APPEAL MADE TO POPE Pope IMus XI Asked by Prohibition Enforcement Committee to Lend Aid in Solving Problems WASHINGTON, Dec. 4. (By Associated Press.) The conflict that has enveloped prohibition en forcement ever since its inception and has gained new momentum in the last few days, tonight was headed toward its original battle ground the floors of congress. With the opening of congress only a few days away, both wets and drys are forming their lines for attack and defense. Recent developments indicate that while some breaches exist in the ranks of the prohibitionists, the wets are counting on strong support. Among I various proposals to be presented to congress outright re peal of the Volstead act will be sought by Representative Dyer Missouri; ranking republican of the house judiciary committee and one of the wet leaders who here tofore has contended merely for modification of the law. The prohibition program which was taken to the White House yesterday ;was -sent across seas to day with a direct appeal to Pope Pius XI for moral support of "civil authority'' in this country. It was made by the United States com mittee for- prohibition enforce ment, including a number of Cath olic and Protestant reform organ izations which delivered the com plaint yesterday to President Cool idge. The criticisms of the adminis tration contained in that communi cation brought reverberations within the committee today. The Methodist board of temperance. prohibition and public morals ad vised the president that it was in no way responsible for the com mittee's statement and that it still was confident that enforcement eventually woud reach perfection. Mr. Coolidge was advised also by Mrs. Ella A. Boole, newly elected president of the Women's Christ ian Temperance union, that her organization stood with the presi dent in his enforcement stand. The breaches in the ranks of the united committee were opened even more definitely with the res ignations of several members who disapproved 'of the committee's complaint to Mr.-Coolidge, includ ing the Rev. Dr. Clarence True Wilson of the Methodist board, Oliver Ws Stewart of Indianapo lis, president of the flying squad (Continued on page 6.) m WILL SOME CHILD'S STOCKING HANG EMPTY CHRISTMAS MORN? "Cheer Fund" Started by Statesman-Associated Charities Opened With Initial Deposit of $10. Who Will Be Next? In 19 days, Christmas will be here. Not 19 shopping days there are only 17 more days in which, to buy your presents but 1 9 days before the Merry Old Saint will return to Salem to fill gaping stockings with candy, fruits and toys. What if some of those stockings hang empty, when Santa has gone? , " ' Busy with Christmas plans, anxious to buy and give to your own, what of the children who have no fathers and mothers to give, chil dren to whom Christmas rather than a day of pleasant surprises- WORLD COURT FAVORED SCHOOL BALLOT SHOWS ENDORSE HARDING - HUGHES COOLIDGE IN VOTE Ask Only Five Reservations Which Include Most Feas ible Precautions Willamette University students are in favor of entrance of the United States Into the World Court, under the Harding-Hughes-Coolidge plan. A straw vote was taken yesterday to ascertain whether or not the students fa vored entrance, and if so, under what plan. The Harding-Hughes-Coolidge plan polled 206 votes, the Harm ony Peace plan as advocated by Kirby Page, 91, and the Borah plan, 43. Only three students voted against entrance. Dr. Carl Gregg Doney, president of the university, when asked to give his opinion of the vote, said that he had voted for the Harm ony Plan. "I am glad to see," he said, "there were only three students out of 350 voting who were op posed to America's entrance." Five reservations are attached to America's entrance under the plan favored by the students: 1 That the United States shall not be legally tied to the league of nations upon entering the World Court. 2 That she shall have a voice in choosing the judges. 3 That she shall bear a portion of the eipenses. 4 That she shall not be bound by any advisory opinion of the court un less she has solicited the opinion. 5 That the statute fof the Perm anent Court of International Jus tice adjoined to the protocol of the league shall not be amended without the conseqt of the United States. Kirby Page's Harmony plan Includes the five reservations, but adds that the United States shall have the option of withdrawing in two years if the Court has not outlawed war, and must withdraw if the Court has not outlawed war in five years. Under Borah's plan the United States wonld not enter until the people have been educated to the Court and until the Court has made a complete codification of international law outlawing war. The vote was the culmination of the World Court week observed by Willamette students. OREGONIAN CELEBRATES 73TH BUtTHDAY ANNIVERS ARY BRINGS FELICITATIONS PORTLAND, Ore., Dec. 4. . (By Associated Press.) The Ore gonian celebrated its 75th birth day anniversary today with, an elaborate program and banquet at the municipal auditorium where its 500 employes and pioneer res idents of the Pacific northwest numbering approximately 1,000 were guests. Addresses were delivered dur ing the celebration by Edmund Meany, of the University of Washington, Governor Walter M. Pierce, Mayor George L. Baker and Edgar B. Piper, editor of the Oregonian. Hundreds of congratulatory telegrams were received by the Oregonian on the occasion from editors and publishers of newspa pers and from proominent per sons throughout the United States including President Coolidge. WILL TEST AUTO BRAKES POLICE TO FORCE TRIALS OX SPEEDERS CARS Salem police officials have es tablished brake testing marks on North Capitol street near Belmont street, Cottage between Court and State street, and on South Oom mercial street. - The public may use these marks to test the effi ciency of their brakes. ; Marks are made for the dis tance within which' a car should stop when traveling 20. 25, or 30 miles an hour. All speeders will be driven to the testing marks on Cottage and those found to have faulty brakes will be dealt with seriously, according to Chief Frank Minto. Cars traveling 20 miles an ' hour should be able to stop within 3 7 . feet. Those travel ing 25 miles should be . able to stop within 68 feet. Cars travel ing 30 miles should atop within 834 feet, . is a day of disappointment Of childish hopes shattered Of wondering why Santa Claus. good as he is pictured, kind as his friends paint him, decided to pass them by, just because they were poor and lived In an humble home, or had no daddy. In the name of these, upon whom Santa Claus must call, an nouncement is here made by The Statesman - Associated Charities "Christmas Cheer Fund," which acknowledges' herewith receipt of the first-$10 deposit. "The Salem Ad club, at its reg ular weekly session, appropriated the sum of $10. to be contributed to the "Christmas Cheer Fund" to be raised by The Statesman," the accompanying letter reads. "It affords me pleasure to en close herewith a check in your favor for that amount." Signed, G. E. McAfee, secretary. . Let this be understood. In keeping with the spirit of the used clothes party, all funds and all food contributed to the fund being raised by this paper will be turned over immediately to the Associated Charities, members of the staff of this paper having from the start, absolutely nothing to do with the spending of that money. Assistance pf this paper is vol unteered. Food and money con tributed will be turned over to those whose duty it is to spend wisely, and whose training is in keeping with the duty, Let Santa visit all on the sea son's great day. Give to The Statesman - Associated . Charities "Christmas Cheer Fund," GOLDEN WEDDING MARK Mr. and Mrs. A. D. Hale Are Con gratulated " Five generations will ass'ist Mr! and Mrs. A. D. Hale Of 1960 S. Commercial street in the celebra tion today of their golden wedding anniversary. : j Relatives from several points in Oregon and Washington will gather for the reunion. Mrs. Anne E. , McCorkle, the mother of the bride of fifty years, who has already passed her nine-; tieth birthday, will be the oldest member of the family to partici pate in the festivities. Representing the third genera tion will be Mrs. ohn McCallum, of Tacoma, whose son, George Mc Callum, and his son, Patrick, will represent the fourth and fifth rings, respectively,- in this virile family tree. Mr. and Mrs. Hale were married in Davis county, Missouri, Decem ber 5, 1875. They are the par ents of five children, three sons and two daughters. Mr Hale is seventy-four years old while his wife is six years his junior. : Mr'." Hale is a former newspaper man of Albany where he was edi tor and publisher of the People's Press in 1900. NEGRO BEATEN BY TRIO VICTIM oWITH ROPE AROUND NECK FOUND ON ROAD YAKIMA. Wash.. Dec. 4. Three men, induced Frank Brown, negro, to get into an automobile here this afternoon, drove him in to the country, tied a rope around his neck and, when be fought them ferociously, threw him into the road and sped away, accord ing to Brown's story to the sher iff. A farmer called the sheriffs office, saying that several : men were fighting In an automobile and when the sheriff and two dep uties arrived on the scene : they found Brown staggering along the road with a rope around his neck and his back and neck badly lacer ated.. Brown said he did not knew his assailants. The sheriffs opinion- was that the three i men might hare ' intended to lyneh Brown, but gave up the project when he put up a stiff fight. ; ' SEALED VERDICT GIVEN RESULT OF RHINE LANDER CASE TO BE KNOWN TODAY WHITE PLAINS, N. Y., Dec 4. (By Associated ; Press). -Tie jury bearing the salt brought hj Leonard Kip Rhinelander for an nulment of his marriage to bis negro wife, handed a sealed diet to the court clerk then west home.. The verdict trill be opened by Jige "JMowchanser at 10 o'clock tomorrow morning. CAPITAliST DDES . . L03 ANGELES. Dec. 4 (By Associated Press). -George H. Frost, 56, retired capitalist and Pacific coast sportsman, who lived at Pasadena, died here tsday. HOPE FOR SIFEW WE Nineteen Miners and v.Five Rescuers May Be Victims of Deadly Gas JOY TURNED TO SORROW Report That. Men Were Safe "Pol lowed By News That Several of Rescue Party Had Been Overcome NEDERLAND. Colo., Dec. (By Associated Press.) Hop tor the safety of nineteen men en tombed yesterday in the Fairriew mine near here waned early to day when rescue workers entering the workings were overcome "by fumes. . v. , One of the rescuers, Captain John Cutshaw of the Denver fire, department was seriously over come in the tunnel, it was an nounced by Fire Chief John Hea ley. .' . Several other rescue workers have been overcome In the. main tunnel of the mine and brought out in an unconscious condition. Miners all over the Nederland dis trict were roused from their beds and requested to Join In the res cue work. Twenty men were entombed in the mine following a fire early yesterday but one of them;7walter Swanson of Denver, was brought out alive last night. NEDERLAND; Cold., Dec. .- (By Associated Press.) Rescue ' workers tonight reached the main tunnel of the Falrriew . mine where 19 miners were entaombed following a fire early today, but the plight of the. imprisoned men remained unknown, a . Fumes were rolling back the rescue squad and overcame sever al of the men who entered " the workings. ' One of the first men to reach the tunnel, Frank Anderson, a rescuer shouted to those at the top of an emergency shaft that an.' in the mine were safe, and thhl led to reports that none of th men had bee nlost. ! ; Upon receiving this news thi crowd of wives and irelatives anx iously awaiting woid of the. en. tombed men, became Joyous. A few minutes later Walter Swanson of Denver, . whe j j ad been en tombed, ij was brought out in a semi-conscious statSi At. 11:30 o'clock the possible: fate of the rescue workers appeared ' almost as grave as that of .the entombed miners. ! As they Bushed back to ward the : east and 1 iwest drifts: several ! dropped,: jorereome by fumes. Lieutenant Clarence H. Jansen of the Denver fire department was the first of tha rescue Vorkers to be brought to thej Surface in a semi-conscious j condition. He had given his gas mailt 'to Captain John E. Cutsnall j of! ! the Denver fire department.: who was suffer ing, i Captain CutShali meanwhile dropped and remain In the tun nel. --h ; t'-mAlv! : . : ; Other workers isay:': be may be fatally gassed. I f J U ; ; I William Bergren j i assistant su perintendent of the mine Wayne Potts, an electrical ; worker and William McKensie.i former miner but now a hotel- proprietor at Nederland, were j other rescue workers brought from the tunnel in a serious condition. . Twelve rescue workers went in to the tunnel ! and I with five ac counted for as overcome, the fate o tine remaining; seven la un known. ! , WILL BLACKLIST OWNERS YAKIMA, Dee;! j. Milk and cream from cows j whose owners refuse to submit them tor a tuber culin test will not be allowed Tor sale here, according! to Dr. H. H. Smith, city and ! county health officer. "!'!: Watch Sunday's ; Paper Fop: . Exclusive . features packed fuU of Interest i for . everyone. Here are some! yon will want to readtf,'v-H;i!iKtj-'if,;' -y---Jungle neat, ' A thrilling story from the heart of India,1 written by local people. ''iljlJf ""',', V- -''V 8tanbocanel -: Fifty-two years on a Willa mette river boat, a new serial, by P. 3. Smith, pilot. "Hamas Treasure. i . First real attempt to meas ure tie city'g Intangible wealth. Also the regular; Sunday tea tares: f -:jv:j; ;,rtij t ii- a. Scout New, , "Music lIemory, . "Church Kews.. . "Listen In." , ' -.'-Watch The Sunday Statesman's Feature Sectlaa Cfowl