The Oregon statesman. (Salem, Or.) 1916-1980, March 30, 1927, Page 1, Image 1

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SaIejri-Js-a:Cleaii.:and;Law to the Contrary Are
Nl islcadfrig pnd XJnjuct
Pilding -Permits j3ptari Standard of
Increase Over 1926,
) "WEATHER PORKCAST: Clondy. be- I
coming unsettled m the night; moderate
tenneratur; moderate variable wind .be
coming sotrthwest on the coast. Maximum
temperature yesterday. G7; minimum.' 37;
river 3.U; no rain rail; atmosphere, clear; '
wind, northwest. -"
The growth of an oyster can now be seen
to moving pictures, but we doubt whether
this oyster film can ever be made into one
of these now tangled talking picture. ,.,.
All American .Missionaries in
Eastern Shantung Take '
Hurried Leave
Nationalists nt ChangsJin Demand
Withdrawal of Warships;
Demonstration Against
Concession Rumored
SHANGHAI. March 29. (AP.
Alarm at the.' growth, of antl
fcreign agitation in nationalist
China has spread northward to dis
tricts threatened by the Cantonese
sdvance, and refugees, most of
them Americans, -are moving out
of southern Shantung, Anhwei and
s-nuthern Honan provinces.
Advices from Chefoo, in Shan
tune, say that all the American
missionaries in eastern Shantung
are on their way either to Tsing
Uio, which is on the southeastern
roast, or to that city. Their exo
dus was -caused by the -uncertain
future of ' the -province and the
events of the past week at Nan
kiug and other nationalist control
led cities.'
A Japanese destroyer arrived at
Chefoo Sunday, and the American
( onsul there has asked for a United
States destroyer.
The local Chinese commissioner
it Changsha, on the Siang-Hiang.
in Hunan province, after a slight
encounter between a number of
Cninese and a party from the Brit
ish gunboat Woodcock, today de
manded withdrawal of sthe British
warship at that nationalist con
trolled city.
The commissioner. demanded al
so that the British sailors involved
1n the clash be turned over to the
Chinese authorities In order that
drastic action" might be taken
against them. ,
Plot Reported
LONDON, Marcn 29. (AP.)
Ir.lormation has reached the An-Vu-xhun
headquarters in Peking
indicating that a serious plot is
brewing to demonstrate against
the foreign concessions in Tient
sin, important city, of the north,
-ays a Tekin dispatch to the West
niniter Gazette, i
The dispatch alds that it was
proposed to consult the various
legations on concerted action for
the protection . of foreigners and
that Chang Ts6TLin. the ex-Man-r
huriau war lord, has stated that
he would do everything in his
jx.w.-.t to protect the foreigners.
Sepjrate Rejrnltrtions for Regulars
and Reserves Urged
by Gibson
GENEVA, March 29. (AP.)
The United States delegates at
tending the sessions of the league
of nations preparatory commission
on disarmament would like to see
the world's armaments fully cov
ered by the provisions of the gen
eral disarmament treaty which the
commission isseeklng to formu
late. This was made evident today
when Hugh Gibson, United States
minister to Switzerland, and Am
erican delegate to the commission,
took a hand in the discussions of
the question of army reserves.
President Loudon of the com
mission had announced, that the
oc legates were unable to agree on
the question of ' reserves, before
Mr. Gibson delivered his address
which cleared the path "to possible
re consideration of the matter,
Mr. Gibson proposed the crea
tion of two categories of troops.
e consisting of active forces and
other of rservists. lie sug-
ted laying down a teparate sys
tem of limitation for each cate
Kury. -ur-.:.i xJ J - ' ' r
A pparently believing, however,
that there rs .small, chanee for
u aching an agreement to limit re
serves, Mr. Gibson wants the
treaty, when lt oe"efore: the
senate, to contain at least a state
ment of the number of reservists
Iz each country, so that American
public opinion can exactly visual
ize the international, military sltu
&tlou : "J
State Wins First Argument When
. Jlohhery TcMlimouy Ruled
EUGENE, Mar. 29. CAP)
Weakened by a month-long con
finement in a local hospital with a
gun shot in his neck and shoulder,
Wiliam Maddaugh. pool hall pro
prietor of Veneta. staggered into
circuit court here today to testify
in regard to the holfiup and fhoot
ing at his rod hall February 27.
The holdup and shooting is
charged by the state to Albert
Brownlee now being tried for the
murder of Eaton Hooker, possemas
two days after the holdup.
In a voice little higher than a
whisper, Maddaugh told of identi
fying the holdup man as Brownlee
by his voice. He new the bandit
as soon as he spoke, he said. He
told of the masked man entering
by the back door and '.elling the
other occupants of the room, who
were playing cards, to hold up
their hands. Maddaugh rebuked
the Intruder was Bhot, falling to
the floor but did not lose con
sciousness, i
The state won - the first major
tangle of prosecuting and defense
attorneys early this afternoon
when the court overruled an ob
jection made by Fred E. Smith, de
fense attorney, to bringing up of
testimony by the ptate in regard
to the holdup which the defense
claimed 'had no bearing on the
murder charge. The objection was
overruled on the ground that the
holdup testimony jams designated
by the state to prove a motive Tor
the later murder of the
The jury finally selected 'this
morning consists of six men and
six women. The defense declared
itself satisfied after its seventh
peremptory challenge and the state
was satisfied after its fourth.
Immediately after the jury was
sworn in, the state made its open
ing statement. The defense waived
its opening, statement.
Movement of the defendant be
fore the murder, as the state will
seek to prove, was outlined by
Gordon Wells, deputy district at
torney. The state will ask for
conviction of murder in the first
degree without recommendation.
Brownlee, Mr. Wells said, has "ad
mitted the whole transaction."
Rmmom of 40,000 Pesos Demanded
for Wilkin's Release
MEXICO CITY, Mar. 29. (AP)
The United States embassy has
been informed that Edgar 'Marks
Wilkins, an American who was
kidnaped last Sunday by bandits
and is being held for ransom of
40.000 pesos (about $20,000).
The embassy has sent a note to
the Mexican foreign office making
urgent representations for Wil
kins release.
The information reaching the
embassy said that Wilkins, whose
home address in the United States
was not announced, was kidnaped
with his ten year old son on the
outskirts of Guidalajara on Sunday
and carried Into the neighboring
hills by bandits.
The boy was sent back to the
city with a note demanding forty
thousand pesos ransom.
Federal troops, learning of the
kidnaping pursued the bandits and
engaged in a fight with them yes
terday, but the band escaped. The
pursuit is continuing according to
the information to the embassy.
Engineer Will Lay Out Site for
Encampment Today
ASTORIA, March 29. (AP.)
Engineers will start laying out the
new national guard encampment
at Columbia Beach tomorrow, it
was announced today by Brigadier
General George A. White of Salem,
adjutant general of the -Oregon na
tional guard, who was in this city
Construction work for 1927 calls
for an expenditure of $40,000,
General White said.
" The camp will be called Camp
Clatsop, it being a short distance
from Fort Clatsop, where the
Lewis and Clark expedition spent
the winter of 1805-1806.
- '. "h" j -
OLYMPIA, March 29. (AP-)
After the state capitol committee
concluded an executive session late
this afternoon with bidders for a
$1,700,000 block 'of capitol build
ing construction funds. Governor
Roland H. Hartley declared ''there
Is nothing' to. ay., The .bidders
will meet again with the committee
at 10 o'clock jomorrfiw mprnlngt J
Indicated Secretary of State
.. May Refuse to Approve
Smith May File Mandauiu.s Pro Court to Compel
Secretary of State Grant
Title for Ballot
An application for a ballot title
was filed in the office of the sec
retary of state yesterday by L. B.
Smith, secretary of the Greater
Oregon association. This request
is in reference to a referendum
measure, which would place be
fore the people the opportunity to
repeal a law enacted at the re
cent session of the legislature giv
ing to the state tax commission
and county assessors more power
and authority in levying property
. The law under attack was known
a.-s house bill No. 72, and contained
the emergency clause. Because
of having the emergency clause at
tached the law is now in opera
tion, and the .question has arisen
as to whether it is subject to refer
endum. It was indicated that the
secretary of state would refuse
to approve the application for bal
lot title unless he was advised to
do so by the attorney general.
In event the application is not
approved, Mr. Smith said he would
launch mandamus proceedings in
the courts to compel the secretary
of state to grant the ballot title.
The proceedings would be based,
he said, upon that provision of thy.
constitution which provides that
the legislature has no power to
withhold the right of referendum
on any bill regulating taxation.
Mr. Smith contends that the bill
under attack i a taxation meas
ure, and consequently the legisla
ture exceeded its authority in ap
proving the emergency clause.
"I am filing this request for a
ballot title," read a statement
issued by Mr. Smith, "to determine
whether the referendum right as
to tax regulation is to be denied.
"Under this bill' the taxing
authorities have attempted whole
sale exercise of power to pry into
private business records, not mere
ly to obtain information that is
necessary, but to uncover income,
purchases, liabilities and other
items of private information. If
this law permits of such a sweep
ing exercise of arbitrary power by
public officials, it is a dangerous
act, and the voters should have
(Continued on oar 6.)
Two Million Moro Vehicles Regis
tered in 1020, Report
Registered motor vehicles last
year numbered 22.001, 2 3, an in
crease of more than 2,000,000 or
10.3 per cent compared with 1925
and registration fees, licenses and
the like placed $288,282,352 in the
state treasury.
Reports to the bureau of public
roads also showed that the gross
receipts $190,406,060, was avail
able for highway construction un
der supervision of state highways
departments, $51,702,184 for
county local roads, and $25,274,
158 for financing highway bond is
sues. Registrations for Oregon for
1926 was 233. 568; for California
1,600.475 and for Washington
Wet TUH Passes Legislature; Now
Awaits Official Signature
TORONTO, Ont., March 29.
(AP.)-r-The bill designed to bring
liquor back to Ontario, under gov
ernment 'control, after ten years
of prohibition, passed the legis
lature fn its final form tonight, and
now awaits the signature of the
lieutenant governor. It is ex
pected to become effective about
May 15. ;. - -'15
Amendments provide a compuls
ory jail sentence of at least one
year for a second offense of selling
adulterated- liquor, empower' the
government to discontinue entire-'
Iyvthe sale of Jliqnor in ease of
emergency, gucn jas a strike or riot,
and "make -the vendor responsible
for damages should a person to
whom he sold , liquor meet with
fajt hlle. intoxicated,, t.
Marshall and Bragg May Be Re
tained on Body by (iovemor
Sam Laughlin, fashier of the
Yamhill State bank, yesterday was
appointed a member of the state
industrial accident commission to
succeed D i 1 1 a r d Elkins. Mr.
Laughlin will assume his new du
ties May 1.
Mr. Laughlin has lived at Yam
hill for many years. He is presi
dent of the Yamhill chamber of
commerce and a member of the
Yamhill County Bankers' associa
tion. He served In the lower house
of the state legislature at the time
the law creating the state indus
trial accident commission was
Governor Patterson announced
that he selected Mr. Laughlin be
cause of his ability as a financier.
It was said that Mr. Elkins
would be retained by the indus
trial accident commission as sup
ervisor of the rehabilitation de
partment in Portland.
W. A. Marshall and E. E. Bragg,
incumbents, probably will be re
tained as members of the commis
sion. Mr. Marshall has been a
member of the commission since
its creation. He is a republican.
Mr. BrasK is a democrat and was
appointed a member of the com
mission soon after ex-Governor
Pierce was inaugurated. Under
the law one member of the com
mission must be of political faith
opposite that of the administra
tion. , Mr. Elkins was appointed a
member of the commission by ex
Governor Pierce; and has served
for four years. His term has ex
pired. Before coming to Saletn
.Mr. Elkins lived at Eugene where
he was engaged in the practice of
Mrs. Grayson Dies of Wound
Cnused by Fatlier-in-Irfiw
CAP) That Mrs. Myrtle Grayson,
2 7, mother of three children and
prominent matron of Malin
came to her death by gunshot
fired by her father-'in-law, J. H.
Grayson, and that he should be
held for investigation by th
authorities, was the verdict t)day
of a coroner's Jury.
Mrs. Grayson died last night."
She was shot as her husband, Al
bert Grayson, endeavored to pre
vent the elder Grayson from
shooting Jack Sullivan.
According to Albert Grayson,
the older Grayson was suffering
under delusion that Sullivan was
in love with his son's wife. Dis
trict Attorney Duncan is expected
to file charges immediately.
t Sift? V'Kv.W.? &c - i; r?' j3 V-vM--?- ' ''' r.-&&.fri:&j&.
Construct ion to Start on New
Kngel Apartment House, in
Short Time
When Adam Engel took out a
permit Tuesday morning for the
construction oT a four-story re
enforced concrete apartment house
at 1000 Chemeketa street, the
building slump, which has held
sway during March, was brought
to an abrupt end and the total
permits now have reached ' the
$355,615 mark. This new apart
ment building, which will be
erected by the veteran .Salem con
tractor, will cost about $185,000.
The construction will start im
mediately after a frame dwelling
house is torn down on the 84x147
feet lot at the southeast corner of
the Chemeketa-Capitol intersec
tion. Engel purchased the lot
from Edgar Hartley for a consid
eration of $15,000.
The proposed structure will out
do any other apartment construc
tion yet attempted In the city, ris
ing four stories above the ground
with eight basement suites, swell
ing the total to 51 for the entire
buildings Eight upper apartments
are of four room suites, 19 three
rooms, and 16 for two rooms.
Elevator service will be in
stalled in addition to every mod
ern convenience known to apart
ment dwellers.
Engel hopes to have the build
ing completed by November 1,
ready for occupancy at. that time.
The exterior will be fimshed in
stucco, with an open court facing
north on Chemeketa street.
i uussian newspaper liiacKs .Amer
ican Acts in China
MOSCOW, Russia, March 29.
CAP.) Pravda, newspaper of the
Russian communist party, today
declared that "American partici
pation in the war upon China has
been cemented by the blopd of the
thousands of victims" of the Nan
king bombardment.
British imperialism, hitherto
doubtful about the American at
titude, now feels safe in going
ahead with plans for a gigantic
war program, the paper says. Af
ter quotiug extracts from several
American newspapers, Pravda
"The anxiety evidenced by tne
American press resembles the
panic of a bandit who has com
mitted his first murder. After
playing , leading part in the
slaughter, the United States now
tries to resume sheep's clothing,
but the Shanghai workers will
quickly see through the subterfuge."
Appointments to Game Com
mission to Wait, Gov
ernor Announces
Patterson-Will Not Admit Reque!
for Resignations Sent Fis'i
Commissioners "Private
3fatter," Attitude
Resignations of I. N. Fleiseh
ner of Portland and J. W. Maloney
of Pendleton as members of the
.state-game commission, were filed
today with Governor Patterson.
The governor refused to com
ment on the resignations further
than to indicate that their succes-
! sors would not be selected for sev
eral days. Other members of the
state game commission are Har
old Clifford of Canyon. City, W. L.
Finley of Portland and M. II.
Bower of Corvallis.
Mr. Eleischner was first ap
pointed state game commissioner
February 25, 1921, and was reap
pointed February 16. 1925. ; Mr.
Maloney originally was appointed
a member of the commission
.Tune 18, 1923. He was reap
pointed February 26. 1924.
"Receipt of the resignations of
Mr. Fleischner and Mr. Malojiey
4ere today, preceded by the an
nouncement last night that W. T.
Eakin of Astoria had been request
ed to resign from the state fisli
commission, has resulted in a re
port that Governor Patterson has
asked for the resignations of the
members of both the state fish
(Continttad oa Ht 8 )
Mississippi Ikink Cnt Half Way
Through, lireak FeM red Moon
MEMPHIS. Tenn., March. 29.
(AP) The Mississippi river levee
near Laconia Landing, Ark., had
not gone out, as was indicate! in
reports reaching here late today.
A late message to the office of
Major D. H. Connoly, district etn
gineer of the U. s. river fleei
said tonight that the levee haid
caved in half through, and there
was a possibility that it would go
through tonight or tomorrow, but
that the people living in. the basin
which would be flooded, in case
of a break, had been notified an
had had ample time to move their
stock to higher ground.
Petition for Rehearing Based on
AIlegel Abence of
Some l'roof
The petition for the rehearing
of the John Butehek case met a
reversal yesterday, when it was de
nied by the supreme court. The
opinion was written by Justice
Brown. A short time ago the su
preme court affirmed the decree of
the lower court. Butehek is under
sentence to" death for the slaying
of his wife. Elizabeth Butehek in
Portland a year ago.
The petition for rehearing of the
case was based on the alleged ab
sence of proof of deliberation and
premeditation, and that the evi
dence was all to the effect that
there was no premeditation.
"The question of deliberation
and premeditation is always one
for the jury." read the opinion of
the supreme court. "Following a
full and complete instruction as to
its duty in the premises, the jury
in this case found that the defend
ant purposely and of, deliberate
end premeditated malice killed his
wife. That verdict was based
upon a sufficiency of evidence,
and, as a , matter of law, should
stand. The petition is denied."
Other opinions danded down by
the supreme court yesterday fol
low: A. M. Austin vs. Tillamook
City, appellant; appeal from Tilla
mook county; suit to quit title.
Opinion by Justice Bean. Decree
cf Judge 11. Bagley modified.
Ben 8. Fisher, respondent, vs.
W. A. Collver, appellant, and J. T.
Collver, Max Moore and Moore, de
fendants; appeal from Coos coun
ty; action to recover money on
promissory note. Opinion by Jus
tice Belt. .Judge Kendall affirmed.
Charles Palmiteer. Rhoda Beaty
hand -Daisy Grossman, plaintiffs and
.appellants, vs. W. R. Reid; appeal
from Clackamas county; suit in
volving title to real property.
Opinion by Justice Belt. Judge
J. Ui. Campbell affirmed.
M. iMurray vs. Fireman's Insur
ance cmopany of Newark, N. J.,
appellant; appeal from Multnomah
county; appeal from Judgement in
favor of plaintiff on fire insurance
policy. Opinion by Justice Belt.
Judge Robert Tucker affirmed.
Elsie M. Hersbey vs. Homer
H. Hershey, appellant; appeal
from Benton county; suit for di
vorce; suit dismissed in opinion by
Chief Justice Burnett. -
Tone Bockler, plaintiff, vs. J. J."
Wurfet defendant and respond-
( Con tinned a pmgm 4.)
Will Make People Ilelleve in 18th
Amendment, Says Jorab1
UTICA. N. Y.. March 29. (AP)
Governor Alfred E. Smith, of New
Yqrk.Jf nominated for president
will not only declare for the 18th
amendment and its enforcement,
hut will mnlm ifta rwnnlA helievn in
Mt, United States Senator W'ilHam
X Borah, of Idaho, predicted in
address here tonight.
T'he chairman of the senate -foreign
relations committee, speak
ing before the Utica republican
club, predicted also that the plat
form 'to be adopted by the repub
lican national party will declare
for the. 18th amendment-and its
Hillside Topples Over on Roose
velt Road, Traffic Barred i
MARSHFIELD, Ore., March ,2$.
(AP) The Roosevelt highway
between Marshfield and Coqullle
was blocked early today by a slide
at China camp, where the road
(has been in uncertain condition
since the fall of 1925, when the
great hill loosened, swept away
part of the pavement a,nd covered
the Southern Pacific tracks below.
The slide today coverd the
Southern Pacific tracks for a dis
tance of 30 to 40, feet and the
highway for a longer distance.
Automobiles probably will, be un
able to pass before tomorrowl. !;
Announcement of Camp Brings
Company Personnel-to CS ? t
Designation of the V Gear hart
grounds , as . the permanent camp
of the Oregon national guard has
aided Company B of Salem to en
list IS-new men-in JJ "past L few
weeks, bringing the company .to
tal -to- 9, aocrdig -to-Cpt Pgnl
F. Bnxris. ; ' ;. . v:.
Af 4.he full gtrengibf the com-;
pany is recognized At 55 men only
six additional enlistments can ; be I
la&en ipr, summercwp
Ptea Was for Aroused Public
Conscience on. Question
of Drinking
Iaw Alone Not Enopgli to Stop
Liquor Traffic, Especially
Among Young-People Who
' Are - Most Affected
Deniaj'i that he i.s taking: up . ;
arms against prohihitfoj. a' was
suggested in the headlines. tht
accompanied a statement credit
ed to him in the Capital Journal,
was .made Tuesday evening by J.
C. Nelson, principal of the Salem
high school, at the same time that
local citizens expressed their re
gret at -the unfavorable light in ,
Which Salem students" were' placed
by that article. "
Nelson's criticism was intended"
to- be constructive, be pointed out ;
a plea for a more detlnlte and
wholesome attitude against . tb
liquor traffic, and a warning that -the
prohibition law alone will not
make the nation, and jiartitula'rjy -the
young people, ahHteniou.T
Job Not Finished ;
The lack of definite convictions,
and the laabiHty properly to din- -tinguish
in these modern days he-
tween what is rtght .and. what' la
wrong, are the reasons for the .
prevalence more or less ot .liquor
drinking among the ypujiger gen-
eration, J. C. Nelson declared
when interviewed last night re
garding his recent stand on the
prohibition situation.". "
"With the" passage of the prohi
bition law," said 'Professor New
son,- "people sat tack and felt that
the job was finished.' Phey btfllt
up a blind devotion ,to'rthIs law,
not realizing tnat no .itrwcan:;bs
more than a symbol, and Tailed ta 1
continue persistently to ;'reat
moral sentiment against drinking.
Punsters began to jwkefun at the
lkyr. Newspapers made" light ,tC
liquor violations. .. Motion . p'ic
tdres assumed an air of the jocu
lar in depicting scenes of drunk
enness. "" "
Difference Keen
"The result ha been tha ersd-
ual building up of ah attitude o
indifference on the part of ths
Americaa people, and bootleggers
ply their nefarious trade with lit
tle fear of either moral or legal
"Recently, I bad one of ths
young high school fellows In nty
Continued oa psrs -)
lint lUjf Earnings Prior to Pub
lication, bttt Hecords
lacking . '
DETROIT, tfarch 2. (By
The Associated Press, ) Calmly,
almost casually, with no triceef -anger
or bitterness la his voice,
Aaron Saplro told today a federal
court Jury his , story of alleged
libels by. ; Henry j Ford and the
automobile manufacturer's week
ly, the Dearborn Independent, ror
which he asks $1,000,000.
Three - ? sentences .covered it. "
One ' revealed a falling off in est
income since the Independent pub
lished a series of anti-Jewish arti
cles, with which Saplro later was ,
connected. The other two staled
that since the alleged ' libelous
publications no farmers had call- '
ed upon Bapiro to form them into
a cooperative agency and that only
three established cooperatives had '
sought his services or advice. ,v . ;
than a fday . for- telling -from th
wiutn j uum - meager .cuiia
hood exlEtence,, life 'In an.ofpSah
age; IpriUianuy - la - 'studies and -a
quick rise ia professional life. .
Such things as his plan for eo- ,
operatives being, adopted " entirely
or in part; in 0 fetatei, his efpear- '"
nee,. before, th suprerae ourt f
theUnUedSttea..and i'the high
courts ;,of 1 & - states and" his ", ad- J
dressing ; the Jegtslaturea of i'six.
co mm on weal ths, t were" : touched
upon as incidents v : ; " "V"
i .iost lot the day ; was -devoted, ,
howeverir tot argument over ths.le
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