r -
SEVENTY-FIFTH YEAR
SALEM, OREGON, WEDNESDAY MORNING, DECEMBER 23, 1925
PRICE FIVE CENTS
STOP STREETflILL 1
PASSED BircooriciL
Drivers Prohibited From
Turning Except at'Street
i . Intersections,
;SIGNS,WJLLaBE;.PUCED
1 1
Clause JUmif iTij; Number , Riding
" loFront Seat pVatsed , By
- Mlnto, Fine Will lie
Imposed on-Violators
ThronghBtreet ordinance, was
trsedlby the: city council in its
fission last night. The ordinance
will go. into effect 10 days after
Jdayor. Giesy signs it.
Reason for delay before put
' jing . ft ..Into effect, was to allow
;time forwecting of the posts that
are ' to warn motorists - to atop
when approaching , a through
'street. '" ' . 5 , ;
A Under the new ordinance no
vehicle will be allowed to turn
;!n the middle of the block. Cars
' must iro' to the intersection be
fore turning around. This applies
to every " street ' within the city
jljmlts. Cars may, however, turn
ptt torKOoa' up.an alley or- to
r enter a drive way.
- Another notable-section of the
ordinance provides that not more
than two persons more, than 12
Cyears of age, or one person over
'and two persons under that age.
'in : addition to the driver, shall
ride in the front seat of any motor
Vehicle. This applies to coupes and
roadsters as well as to touring
oars. ' ,
Streets declared to be through
, folows: Portland :,Roarf, from
j north city limits to the south line
of Highland avenue; Fairgrounds
Road, from Highland avenue to
tHe west line of Capitol street,
;if extended; Capitol streetfrom
Fairgrounds Road to the south
line of, Court .street; -Court street
from the1 east line i of r Capitol
'.street to the west line of Church
street; State street, from the west
line of Church street to the east
line of 25th street, if extended;
'and Commercial .street from the
-south line of State street to the
south Qity limits. : " , , r ' , f
After r tome discussion, the
council -.decided (bat . the sign
posts to convey the .stop warning
shall be placed 25 feet from the
'Intersection toward the approach
on the right band side of the
right hand sidebf the street. The
Vdgns are. to. be placed on either
wide of -all; through streets, and
on all streets intersecting or run
ningMnto through streets.
t Posts are .to be five feet high.
tThey are to be painted yellow
sand striped with black. The warn
ing. "Stop"? will be painted ".'.on a
?yellow(- disc! to be placed on the
: poles. - ; ; - I
Penalty for violation of the
. ordinance is stated briefly in sec
St ion 6: '
-Any person violating any of
the provisions of this ordinance
'.shall, upon conviction or a plea
of guilty before the. recorder's
court of said city, be punished by
a fine t not less than $5 and, not
more than $ 2 00, or by imprison
ment fa the city jail not to ex
ceed 30 days,' or by. both fine and
imprisonment." :. - ,
V "iThe ordinance is all right,"
-declared Chief of Police Frank
5MInto.5 "lir will stop accidents.
People won't, shoot ; out on the
mainr highways 'now, trusting to
luck thatnoi inachines- -are ap-
?Once the signs are up, we are
'going i to enfjErce;.this ordinance
IrVcidly.- Drivers failing to stop
xt through streets will be arrested
.without exoeption. -
E "As to'the section limiting the
(ji umber to the front seat of ma
chines, it stands to reason that a
man can't "drive efficiently when
'he is cramped for action."
A resolution by. Alderman Pur
ine to the effect that all bills
against the jclty must be filed with
the -city recorder.; not less htan
five-days before the council meet
ing at which they, are to be con
""sidered;was referred to the ways
rand means committee: Bills fail
ing to be filed 1 On .time would
'have towait'- over,, until, the next
,imeetlng;nf the resolution were
adopted; -, ' - u: i ,;i '";' I
Petitions were granted for the
construction of sewers to serve
(Continue eh pf 2)
BUY STAMPS
PHR14 r:.f4s:-s??AL stamps
v- are bow offered for sale at
booths Un the post office, Mil
lerV1. Jtefraatlle r CbT, Kafoary
Brothers, Stiff Furniture , Co,v
and the Bank of T Commerce.
Total reteipts to date ttrom
booth sale,! $22850; received
In mail, $678.00. - i
ANTAiTP; DELIGHT .CHILDREN
, AT ARMORY -PARTY TOMORROW
Good Old, .Saint iPimtioit FailbfaUx 4o Appear; Elks-Salvation
Ariny-Bllgli J Party Free to Worthy-YpVinjEsters
The night before Christmas tommorrow evening is going to be
the happiest 'and best of all the year to a hosof children who will
gather in the Armory for the gay program arranged by the Elks,
the Salvation. Army and Frank Bligh.
On that glad night, Santa Claus, with all his sly chuckles, and gay
whiskers, Will come right into the hearts of the city's little ones,
for .whom parents have little meanns with which to supply celebra
tions. V ."
Remember, this free Christmas tree party takes place tomorrow,
Thursday night, at the Armory. Doors will be opened promptly at
7 o'clock. The program will begin half an hour later. All children
wishing to attend should receive tickets in advance from members
of the Salvation Army. Those with tickets will be admitted first.
They will be given seats right near the front where they can see
and bear well, and when the fun is over,, they, will not have to wait
for the good things, which Santa will pass out to every girl and boy.
. " ' Children who have not been
CHINESE PIRATES HOLD f
VESSEL FOR FOUR DAYS
tr
rpjtihIowxed steamer .js
captured and looted 1
Ship's Captain Wounded;, Art De
clared Moist Daring in' Re
cent Years
HONG KONG. Dec. 22. (By
Associated Press.) The British
owned coastal steamer Tungchow,
with a'number of foreign passeng
ers, some of them women, came
into port here today after having
been for four days - the priie of
Chinese pirates who looted her
and. directed the sailing of the
vessel for approximately 1,000
miles. The, piracy was the most
daring carried out for mahy
years inthe China seas.
The steamer's British captain
will recover from a bullet wpund.
All others On board were suffer
ing from the strain of the-adventure,
but had not been injured.
-.Ttfngchow, owned by "the China
Navigation company, had- sailed
from Shanghai for Tientsin. The
pirates were aboard, disguised as
steerage . passengers. On Decem
ber 18. about 3(10 milea south of
Weihaiwei. they sejzed command
of I the ship i The pirates .foroed
the ship's officers ta put about
and .sail ber southward to. Bias
Bay, a botorious pirates',-. Tesort oji
the coast of Kwangtung province
about 45 miles northeast of Hong
kong. There Bmall boats came
alongside and, took; off the loot.
rTbe pirates; made their getaway
and; j jiermitttd 'the Tungchow to
steer for Hongkong.
r i "The number of foreign passeng
ers was unusually large, because
the railway line'between Shanghai
and the northern cities has. been
cut by the civil war of the last sev
eral .weeks and the sea route of
fers the only Ineans of travel.be-.
tween the ; Yangtze and Tientsin.
; The pirates first surprised the
officers in the bridge and sho the
captain. Their next act was to
seize all arms, thus rendering the
Chinese crew helpless.
The first and second officers
were compelled to navigate the
vessel i with armed pirates stand
ing beside' them. The yellow
buccaneers . made their headquar
ters in thei first class saloon and
threatened to -shoot all aboard if
they -were hindered in their en
terprise. ';'! '
The of f icera, were forced to keep
the Tungchow far from shore and
when I other ships ,hove in sight
the pirates threatened to murder
any one who attempted to signal.
There were some tense moments
near the end of the voyage down
the China coast when another
steamer of the same company
passed -close by,r just after the
Tungchow, was steered into - the
pirate '-lalrl 1 ii':-T ., ;-'
' The' captain's wound was
dressed and ne was nursed in his
cabin by Mrs. Em mot while the
male passengers took ? turns at
watching in the cabin throughout
the four nights to seek to protect
the wounded man. and his nurse if
the pirates attacked.
D ELU Q E DAMAGES ROADS
CRRWS ARK BUSY CXEARIXO
JDF.BraH FROM "ROADS
1 AlsRlA jQrl, Dec. 22. While
state and. county road crews were
busily Engaged today in repairing
roads an highways damaged by
the unprecedented rain which fell
during the past week-end, reports
of further road damage was re
ceived. !
-;j Motorists coming down the Co
lumbia highway this af ternodn
reported that a section of road
near Farnhill about 100 feet long
had cracked in halt and that one
half the paving had dropped down
abouf three feet. .-.Traffic was
managing to get by the place by
using the inner side of the-road.
State highway trucks were assist
ing motorists over the slide area
which blocked the highway Sun
day. Traffic on the Nehalem high
way 'was blocked by a 'slide at
Seven-Mile hill. This is the sec
ond serious bread in this road
as the result of Ihe storm. '
The Roosevelt' highway was re
ported clear of all obstructions.;
OFFICERS SEEK CAR - '
: ' Salem police officers have been
asked to look for a Chrysler sedan
stolen from W. Dugh, Eugene,- po
lice commissioner, last night in
that city. . It bears Oregon plates
112-02 "RepoTts received here
indicate, ihat ;tbe.! car? passed
through Salem going, north. . Ore
gon City police have been. Notified,
able to secure tickets in advance,
will not be denied admission, and
adults are asked not to crowd up
where the children belong. When
persons withTtiekets have been
cared for, all that is left will be
distributed evenly among those
who have not secured tickets, and
who will i.e just as" worthy of
Santa's gifts.
The program will be short, and
very happy. Dr. B. F. Pound, rep
resenting the Army's county ad
visory board, will set things in mo
tion by introducing Mayor Giesy,
who will extend the city's greet
ings. ,W. I. Needham, exalted
ruler of the . Elks, will then take
charge of the evening's program
arranged by August Huckestein.
Before the youngsters know it,
Santa Claus will be heard with
his jingling bells, as he makes
his appearance down through the
chimney. An old fashioned fire
place has been built especially
for his entrance.
Mr. Huckestein has had ar busy
time keeping lifter Santa Claus to
get him lined up for the evening's
appointment, "but the old saint
finally promised ,he would appear
at approximately 8:30, o'clock.
I Handing out of candy, fruit
and toys rsrill be conducted bv
J; Army officers. Each .child will re
ceive a useful -toy,, a colored cloth
sack of candy and nuts, and an
orange and an apple. These are
furnished by the -Elks. Then
Frank Bligh will see that every
youngster .gets a .ticket to the free
show to. be given at -the Bligh
theater, at .10:30 o'clock, Christ
mas morning. - '
Tomorow will be. a happy night
(Continued en page 2)
MINERS ESCAPE DEATH
70 MEX CRAWL THROUGH ATR
SHAFT DUR1XO FIRE
WHEELING. W. a., Dec. 22.
(By Associated -Press.) Seventy
men in .Webb mine of the G- M.
Jones Coal company, two miles
from Shady Side, Ohio, escaped
through an air shaft tonight when
fire broke out in the workings.
Nine others believed to be all the
workmen remaining in the mine,
were reported to have reached the
bottom of an air shaft and to be
out of immediate danger.
Word of the 70 men was re
ceived from Lott Jenkins, deputy
Ohio state mine inspector, who,
with st crew of volunteer workers,
took charge of the rescue work.
Jenkins reported the fire had
been confined to one entry and
no indications of gas had been
found. The origin of the fire is
undetermined.
RID OF
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7 .... ' " " 1
3 STOl BlDIi
Concrete. Office and Store
Structure to Be Erected
Nfext Summer
COST SET -' AT - $1 00,000
S(,ndio Booms to be Unique, Meet
ing Present Demand for
Kmnll , Auditorium for
Private Use
Erection of an eight-story store
and offiice building on Liberty
street, between .State and Ferry
streets is to 1 commenced next
summer by George ('. Will, Salem
musicL fit ore man. The building,
according to Mr. Will, is to cost
in he neighborhood of $100,000.
Mr. Will now owns the prop
erty on which he contemplates
constructing this building. The
structure will.be higher than any
building now in Salem. Concrete
construction will be used through
out '
Phil Eiker's garage now occu
pies the building on the prop
erty. Mr, Eiker, it is understood,
will remain,, on the location when
the new building is erected. He
will probably occupy the corner
rooms.
It is very probable that several
studio rooms may be put in by
Mr. Will. At the present time
there is no place in Salem where
people can rent a small auditorium
seating from -100 to 200 people,
for the purpose of putting on
musiealps and programs.
Call after call is received at
the Salem Chamber of Commerce
for use, of the chamber's auditor
ium. Officials are" constantly
asked, where such an auditorium
can be tobtained. But the cham
ber auditorium is used only for
civic enterprises and is not for
rent. . ;
. Disclosing of plans to build the
eight-story structure, is significant
of. the rapid development of Sa
lem in the. Liberty street section.
With, the exception of one lot on
the east side of Liberty strqet be
tween. State, and fFerry -there; are
nothing but buildings of concrete
construction.
Demand, for the rooms created
by., the, erection of the Steeves
building and the-Will bailding-Tn
this block has been manifested.
Three store rooms are-made avail
three more first floor store rooms
able in the Steeves building and
in the Will, building. The.se six
rooms have been rented.
The north room of the Will
building is to bouse a modern res
taurant. The center will be rent
ed by Graber Bros., plumbers.
The south room is to be occupied
by the Parker Realty company.
North room of the Steeves
building will be occupied by the
Grabenhorst Realty company. A
millinery shop will be in the cen
ter room, and the south room will
be rented by the Mutual Savings
& Loan company.
On the Ferry street corner of
this block is the concrete struc
ture of Mr., Eckerlin's. It is prob
able that Mrl Larsen will construct
a 'concrete building on his lot ad-
(Continued on p.igp 3.)
THE REAR EAT ; DRIVER
AMERICAN UNION WARNED
AGAINST RED INFLUENCE
FEDKUATION OF UNION'S ISSUK
''xATIOXAIi ClRCnR
Poison of Fascism And Commun
ism Dclared Greatest
Iresent Menace
WASHINGTON. Dec. 22. (By
Associated Press.) Declaring
"fascism and communism have the
same fangs and the same poison
which it is intended to inject into
the political lite of our nation,"
William Green, president of the
American Federation of Labor,
has issued a circular warning to
the wage earners and people gen
erally of the United States against
the dangers of these doctrines.
.The warning was made public
tonight at the direction of the fed
eration's executive council and it
will b esent to 110 national and
international unions, 1,000 city
central bodies, 48 state federa
tions of labor and 3 5,000 local
unions.
Calling attention to the efforts
being made to organize the fasci
st! in this country, the circular
quoted from numerous declara
tions ,of Premiar Mussolini of
Italy, who was escribed as "above
parliament" and -. the king his
"vassal," and concluded:
"The executive council feels
that; the wage earners of America
and the people generally should
be warned of the tactics and pol
icy of Dictator Mussolini and the
fascist movement as it affects Ah
erica. "The executive euncil hopes that
none of the Italian members of
trade units will submit to the
threats of this dictator. He and
his fascisinio are as great a raen-
jace' to the peace of the -world as
is communism.
"Trade unionists and the peo
ple generally are urged at all
times to be prepared to meet the
propaganda of fascissinio with as
strong opposition as they have
made to communism.
"Neither has a place in Ameri
can life."
LIQUOR MAKER HIT HARD
BEXD FARMER FIXED Sl.OOO
A. Mi THREK MONTHS
BEND, Or., Dec. 22. Charged
with possession and manufacture
of liquor, J. E. Hathorn, a farmer
from northeast of Bend pleaded
guilty and was fined $1,000 and
given three months in jail to
night. Sheiff's deputies and two
k state prohibition officers visited
his farm home today and found
a 25-gallon still in operation and
150 &allons of mash. The still
was in an upstairs room and op
erated on an oil stove, offivers
said.
BANDITS HOLDUP HOME
DIAMONDS VALUED AT S22O0
TAKEX BV TWO MEX
SEATTLE, Dec. 22. (By Asso
ciated Press.) Entering unan
nounced through the kitchen door
while Mrs. Maud Roesch and her
daughter were washing dishes at
their home here tonight, two
masked baudits forced them and
Mr. Roesch in an adjoining room
to give up two diamond rings and
a diamond necktie pin, valued by
Bjpesch at $2,200. A patrolman
living next door saw the bandits
leave, but thought they were
guests.
AT LAST
HttSTlBIS
IPPEOOYCiiCIL
American Council of Agricul
ture Attack Address Be
,fore Farm Bureau
RELIEF BILL BELITTLED
Measure Introduced by Secretary
Jardlne Condemned; Ex
port , Corporation Idea
Said Main Hope
DES MOINES, Iowa. Dec. 22.
(By Associated Press.) Resolu
tions attacking President Cool
idge's Chicago address before the
American Farm Bureau federa
tion and Secretary Jardine's agri
cultural relief bill which has been
introduced into congress were
unanimously passed here today by
the executive committee of the
American Council of Agriculture
and the corn belt commission of
farm agents-.
More than a million farmers in
the niiddlewest are represented
by the men who attended the two
day session here, William Hirth,
editor of the Missouri Ruralist.
chairman, said.
"We are obliged to differ with
the administration, not only in
the president's statement at Chi
cago, but also in that portion of
his message to congress Decem
ber 6 in which he dealt with agri
culture," the resolutions state.
"We protest against such a mis
representation of the movement
for equity for which the people of
the great staple growing empire
of America are enlisted with all
their hearts.
"We do not concede that the
existing Fordney-McCumber ac t is
of great benefit to agriculture as
a wnoie. On the contrary, the
staggering burdens imposed upon
the consumers of the country
through this act fall as heavily
upon the farmers as upon other
classes; upon the one hand the
farmer pays his full share of the
heavy tariff tribute upon practi
cally everything he buys, while
on the other hand the price of his
great surplus commodities is fixed
in the world markets."
The resolutions declared that
additional information w h i c h
would be provided by the admin-
stration agricultural bill whicbJ
has just been introduced is not
necessary. "It is with a degree
of amusement," the formal state
ment said, "that we note the new
measure sponsored by Secretary
'()ntinut-l cn pa?e 3.)
ARCHIE CODY TO HANG
SLAYER OF SHERIFF (JOOD
MAX LOSES APPEAL HERE
Archie Cody, slayer of Sheriff
Austin Goodman, of Harney coun
ty, must pay the death penalty for
his crime, according to an opinion
handed down by the state supreme
court yesterday. The opinion was
written by Justice Coshow and af
firmed the decree of Judge Dalton
Biggs of the Malheur county cir
cuit court.
Record shows that the defend
ant and George Prince spent the
night of August 24, I92i. at the
home of a Harney county rancher
named C a w f i e I d. While there
the defendant purchased two
horses giving in payment a bad
check signed by himself under the
tiame of Fried Yardlow, County
officers were notified;
Warrant for Cody's arrest was
placed In the hands of the sher
iff's son, who notified his father,
absent on business. Acting on this
information Sheriff Goodman lo
cated Cody and arrested him.
Cody obtained possession of a rifle
and shot the sheriff while prepar
ations were being made for the
transfer to Harney county Jail.
Witnesses said two shots were fir
ed, one by the sheriff and the
other by Cody. In appealing the
case from Malheur county to the
supreme court, the defendant's at
torneys alleged Sheriff Goodman
acted without authority, and that
his jurisdiction was limited by the
bounds of Harney county. The su
preme court ' held that Sheriff
Goodman was acting -within his
rights and upheld the defendant's
conviction.
UNIONS ELECT OFFICERS
SLEEMAX, ' PORTLAX I), NAM ED
OREGON PRESIDENT
PORTLAND. Dec. 22.--By the
Associated Press. B. W. Slee
man. carpenters' union of Port
land, has . been elected president
of the Oregon State Federation
of Iahor for the coming ear, tabu
lations of. the referendum votel
taken throughout the state today
revealed. Mr. Sleeman received
2249 votes to 2155 for C. M. Ry
nerson of the Typographical union
of Portland, his opponent.
C. U. Taylor, of . the street car
men's union, Portland, was elect
ed executive secretary- Mr. Tay
lor received 3127 votes. - His op
ponent, G. E. Von Schritz presi
dent of the Central Labor Council
of Portland, received 1915 votes.
D. E. Nickerson of .the .Portland
Carpenters' onion was elected vice
president. -
E. F. Duffy of Klamath Falls
was elected. delegate to the Am
erican Federation f Labor with
out opposition. Officers will take
pff ice. Januajj 1
CROP REPORT FOR 1925 -1
IS REVISED BY BUREAU
CORN CROP, VALU.VTIQY IS
PLACED AT $1,054,091,594 v
Wheat Crop Is 77 Per Cent and
Oat Crop OH Per Cent of
1924 Figures
WASHINGTON, Dim?. 22. (By
Associated Press.) Revised esti
mates of bis year's crefp produc
tion issued today by the depart
ment of agriculture showed a num
ber of changes from the prelimin
ary estimates .announced last
month. a
Reductions, were reported in the
size of the corn, wheat and white
potato crops, while increases were
shown for oat and. tobacco.
The changes from the prelimin
ary estimates, the department an
nounced, represent readjustment,
base don later and fuller informa
tion, particularly the preliminary
figures or the Cnited States cen
sus for 1924, now becoming avail
able. '
The total value of the crons was
not announced but unofficial cal
culation, based pn the December 1
farm prices as given by depart
ment of : agriculture placed the
value, of this year's corn crop at
$l.!r.4.!l,.r.H4, the wheat crop
at $947.S20.S4, cotton af $1,
357,54 1.27G, with cotton seed val
ued at 1!1.4S9,920 additional,
the white potato crop at $605.
110,896, and the tobacco crop at
$24 6.9 8 7, 7 SO.
"The relative sizes of the crops
of 1925 and 1924 are not greatly
changed from the relation shown
by preliminary figures previously
published," the crop reporting
hoard staV'd.
"The 1925 corn crop is now es
timated to be about 125 per cent
as large as the crop of 1924. the
wheat cror 77 per cent and the oat
crop 98 per cent'. The preliminary
estimates published at harvest
time, had indicated that the corn
crop was about 124 per cent wheat
SO per cent and oats 95 per, cent
as much as last year."
Crop estimates include: Hav
(tamet S 6,4 74,000 tons; hay
(wild) 13,041.000 .tons; all hay
99.515.000 tons; clover seed 1,
029,000 bushels: beans (drv edi
ble) 19,100.000 bushels; white
potatoes 323.243,000 bushels:
seed potatoes 62.429.000 bushels;
sugar beets tj, 93-2, 000 tons; beet,
sugar 895,000 tons; sorghum sy
rup 25,492.000 gallons; maple
sugar and syrup (as sugar) 29,
946,000 pounds: broom corn 28,
90 tons; hops 28,573,000 pounds;
apples (total) 164,613,000 bush
es; apples (commercial) 31,909,-
ui barrels; peaches 4:6,565,000
bushels; pears 19,820.000 bush
els: cranberries 530,000 barrels;
asparagus 6.442,000 crates; snap
beans 136,812 tons; cabbage 869,
200 tons; cantaloupes 14,013,000
crates;. cauliflower 3,4 52,000
crates; celery 0,757. 000 crates;
sweet corn S93..000 tons; cucum
bers 11.886,000 .bushels; lettuce
16.171,000 crates; onions 17,
173,000 bushels; green peas 242,-
300 tons: early potatoes 29,594,-i
ouo Dusnels; spinach 101.088 tons,
strawberries 209.5S6.000 quarts
tomatoes 2.18S.200 tons, and
watermelons 50,838 cars.
BAR FIRES CHRISTMAS
WARNINGS AGAINST UNNECES
SARY HAZARDS ISSUED
Proper protection of Christmas
trees and elimination of rire haz
ards were urged in a bulletin is
sued yesterday by Will Moore,,
state fire marshal. j
"To be 'modern use asbestos
flakes about the Christmas trees,
not cotton. I also, would' suggest
that electric lights be used in lieu
of the candle. The candle has
cost property owners "many thous
ands of dollars and has resulted in
the deaths of many innocent per
sons. To play, safe Christmas trees
s-bould have very modern safe
guard." -
The fire marshal also called at
tention to the danger of thawing
frozen water pipes with torches.
This can be avoided, he saidby
wrapping the-frozen parts with
cotton cloth soaked in hot water.
FENG TROOPS ADVANCING
I' AIL SERVICR CUT RY EX
TERI'G CHINESE TROO!S
LONDON', Dee. 22. (Ry Asso
ciated Press;) -A. Peking dispatch
to the Daily Express dated Tues
day says: .
"It in reported that Feng Yu
Hsiang'8 troops entered Tientsin
from the south today' after cut
ting the railway to Nanking."
More than'a mile of track was
torS up between Peking and
Tientsin, preventing,the departure
of the international train. ' The"
correspondent adds Us also re
ported that the. railway , to Han
kow has been cut and that it is
expectecLi Tuan Chi-Jul,. president
ot, Hie republic will retire in con
sequence of Feng's victory. -
CROSSING .CRASH FATAL
1)1 XOKE MAX - KILLED WHEN
V TRAIN. HITS AUTO
WtilKtfVllXBl Or.. Dec. 22 j
E. M. Lundquist, 65, ot Dundee,!
was killed early today when: the
auto he was driving was struck
atj.a grade crossing just north of
Dundee by southbound Southern
Pacific train 351.; Lundquist, Who
was alone in the car, was thrown
90 feet by the train. . The acci
dent occurred at a gradw-crossing.
Toll for Use of Highways Un
constitutional, . Attorney
to Claim
WILL FILE SUIT TODAY
Car and Trnrk Operators to Fight
Exaction of Direct Viola
tion of Federal Rural
Post Road Act
A suit that will attack the con
stitutionality of the Oregon motor
vehicle license law on the grounds
that it exacts a toll for the use of
t he state highways in violation of
the federal rural post road act,
federal highway act and the legis
lation of the state ot Oregon
adopting the provisions of such
federal laws, will be filed in the
United States district court in
Portland today. This was an
nounced. 'here yesterday -by .V. II.
Crawford, attorney with head
quarters in Seattle, and Oacar
Home of Portland. ' , t
The plaintiffs in the suit In
clude I. S. Martine and 25 other '
persons and corporations operaU
ing cars and trucks on the high
ways within the state of Oregon.
Sam A. Kozer, secretary of state,
was named as defendant in the
proceeding. Copies ot the com
plaint were placed in the hands of
the secretary ot sate and attor
ney general here yesterday.
"Acting undetLthe provisions of
the federal acts and the adoption
thereof by the state of Oregon,"
read the complaint, "the federal
government has appropriated and
paid over many millions of dol
lars to the state, of Oregon, and
the state has received the same.
Such money has been used for the
construction and . reconstruction
of many thousands of miles ot pri
mary or interstate highways and
secondary or inter-county, high
ways in said state.
"The system of said highways
in the state, so constructed ami
reconstructed, under the rural
post act and the federal highway
act, embrace practically every pub
lie highway in the state of Ore
son. . ,; 5 .
"Thereafter in the year 1921
the slate of Oregon enacted what. .
is known as an act providing for
the regulation, use,'; registration,"
licensing, taxing, identification."
conduct and operation ot motor
vehicles.
"Under the provisions - of .the
latter act these plaintiffs, as well
as other persons, firms and cor
porations, are compelled to apply
to the secretary of estate for , li
censes for each and every motor
vehicle intended io used "on
the highways of the state, in or
der to escape heavy, penalties or
imprisonments, or both, as, pro
vided by such laws. - .
"The plaintiffs and all, per
sons, firni3 and corporations simi
larly interested or situated must
pay on or, before January 1, 1926,
the said license fees amounting
to S15 for the smaller motor ve
hicle and such amount graduated
by the weight of the car varies to
$87 per car weighing qver f700
pounds. The license - fees for
trucks vary in amount from, $35
per car to $70 per car, and In ad
dition thereto such truck shall
pay for each inch ..or ? fraction"
thereof of the total tire width-at
the rate of 50 cents per inch.- ,. j.
"Trailers are charged t at the '
rate of 50 per cent of tho license
fees for trucks. Motor busses are
required to pay the same license
fees as pleasure cars with the ad
dition of $4 for. each
capacity.
passenger
"The provisions of.the gaid law
relating to. the exaction lot said
license fees are illegal and void
being in contravention bt the con
stitutlon of the United States, es
pecially the i 14th amendment
thereof, rural post road act, fed
(Coctinud .n tlj
TOTS .KILLED: BY
'ANIC
THREE CHILDREN' DIE , IN
!. STAMPEDE tI. AUDITORIUM
.ERIE, Penn., Dec. 22.-?(By As
sociated Press. )-Three children,
were trampled to , death hero late
today in a panic which resulted
from the. collapse of seats at an
outdoor Christmas observance. ,
William rWagner, 5; Eileen Rick
rode, 9, and Raymond Rupotzln
skl, 12, are dead and seven chil
dren are in a hospital, 'one being
reported in. a serloo condition.- -:
Approximately 5000 children
were in the inclosed arena when a
bench, upon which soma- them
were- standing, broke. The chil
dren screamed as they, fell to tha
floor and this was the signal "for
a .general panic. v - ;
Attendants and police en duty
at the entrance tried, to "calm, the
tots by waving . them back and
shouting, but their gestures and
Baonts seemed only to add to the
panic- . evvi H . . - '
. Seats were overturned, ratline
J along the aisles were broken and
yioys, guu, oestowea at the cele-
It A, J . .
urauou were uroppea, as me rustt "
continued. . r .
I It was more ; than .55 1 vain utea
before the, arena, was cleared.
Attendants had the Injured chil
dren taken to a hospital in automobiles.-'
Scores were .bruised and
cut but ran away! without : Wait in, a;
to have - their injuries " attended."
All of the iiifar.cd .probably will
recover;:. .'.. - - . , . ,
; - ".'.- 4
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