The Oregon statesman. (Salem, Or.) 1916-1980, April 13, 1927, Page 1, Image 1

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    Salem?s Second Linon lUi ill lo Gdttino Into Action Rapid
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) WEATIIEfR FORECAST: Pair; moder-
ate - temperature; moderate northwest f
! win. Maximum temperature yesterday, ll
I minfmam. 37: riTert-3,l; atmosphere,
f fJear; wlad, -northwest.., I
TVmYirtJnflr the kcva to trodnca the latx Is
said to hare put 8,000,000 pianos in this
i-nimtrv nut of tune. Jt has also caused sev-
I erai itraes ,uuw.ww Anericau w
I far removed from a concord of sweet sounds.
! Boston Transcript. ,. .
SEVENTY-SEVENTH YEAR
SALEM, OREGON, WEDNESDAY MORNING, APRIL 13, 1927
PRICE FTVH CENTS
NR.
I.
CHI11SS1J
WORKER TELLS
OF EXPERIENCE
Miss Lulu Conover Returns
After Seeing Revolution
ai First Hand
OUTLOOK NOT HOPEFUL
TAnht Year Spe-nt by lncnl Worn,
an ire Work at Southern
Preibyterlan Mission ;v
IScrvioc 'arl-l
Miss Lulu 7onover arrived home
from China oa the Sojithern Pa
c ifir train yesterday forenoon, hav
ing come by way of Seattle. Sne
is now a guest at the home of Mrs.
A. Q. Condit. "'",855 Oak street. She
is tired from the long trip, but
the Fnited States of America looks
Rood to her. and especially does
Salem, her old home town, seem
likp a haven of rest and a place
of peace (after the turmoil of the
Chinese revolution, some of the
din and danger and noise of which
she witnessed at Shanghai as she
passed tjhrough' ' that city as a
refugee and awaited .for the ship
that carried her on, her homeward
journey. Miss Conover had been
in China nearly eight years; to
be exact seven years and eight
months. r
Varied JSxperiences There
Miss " ponover served first in
Nanking.! then in Shanghai, and
s.fterwar(js in. Tientsin and Pe
king. For'the; past fopr and a half
years she has been In Kiangyin,
on the Yangtze river, the great
river of that country, about 75
miles from Shanghai. Kiangyin
is between Shanghai and Nanking,
both of which cities have been
much in the news from China in
the past few weeks. Kiangyin is
in the center of a beautiful coun
try; it is in the center of a farm
ing district, a country city, with
only about 65,000 people; small
as Chinese urban-population goes.
Her home there was outside the
east gate of the wall, for Kiang
yin is one of the many walled
cities of that country, with a wall
that la 1,000 years old, and very
interesting. It Is in Kingsu prov
ince, th same as Shanghai.
In Slission School
Miss Conover has been with the
Southern Presbyterian mission, in
the academy of that school there.
It is the James Sprunt academy,
tor boys and girls. Mr. Sprunt
i.s a cotton mill millionaire of Wil
mington. North Carolina. The
1 resbyterian church of Wilming-
( Continued on pair 4.) -
PILLAR OF FIRE
HIGH OVER CITY
UOODEX HTAFFOLDINfl OF
5o FOOT BCILDIXO IIFRXS
Home of Elbert If. CJarj- Ablaze;
Lives of Firemen and Police
Endangered
NEW YORK. April 12. (AP)
j Like a huge torch that could b
'en lor manv miln thi minor.
rrncture between the thirtieth
nl thirty-eighth floors of the
559-foot Sherry-Netherlands tow
er under construction at Fifty
Ninth street and Fifth avenue
liurst into flames shortly after 8
o'clock this evening.
The fire was in wooden scaf
folding atop the completed 30
stories of the structure. Four
I jwrms were inrnea in snoriiy alt
er the fire was discovered but fire
men were handicapped in reach
ing the blaze as the equipment
was found inadequate for sending
any quantity of water to that
lieight. In the meantime the
flames were fanned by a strong
breeze.
Lives of firemen, police re
serves from nine stations endeav
oring to hold thousands of specta
tors in check, and even of hun
dreds of the front line spectators
themselves, : were menaced by
showers of ' burning timbers and
debris which fell over-an area of
several blocks.
The home of Elbert Hi Gary,
chairman of the board - of direc
tors of the United States Steel cor
poration, at Fifth avenue and
61st street, was caught under the
shower of falling embers, as was
the Metropolitan club, Just across
60th street from the burning
building.
Central Park and the roofs of
buildings for a mile around were
v lined with spectators. The new
building stands at the southern
end of Central Park' and on a
principal crosstown thoroughfare.
which made the elevated blase
visible to Broadway's - theater
throngs as well as to residents
across the East river and In Jer
sey across the Hudson!
Guests in the Hotel Plaza, just
across the f small park, were af
forded grand stand seats for the
difficult battle waged by the flre-
; men, - .
NEW FARM BILL
M'NARY'S PLAN
OREGON KKX&TOR CONFERS
WITH I'REHIDEXT COOLIDGE
Recognizes Futility of Re-Submitting
Vetoed Measure; '
Is Coming West
WASHINGTON, April 12.
(AP.) After a number of con
ferences with President Coolidge,
Chairman MeNary of the senate
agriculture committee has decided
to draft a compromise farm re
lief bill for introduction at the
December session of congress.
He was co-author of tfie Mc-Nary-Haugen
measure which was
ve toed by the president late in the
last session. The new proposal.
Mr. MeNary said, would be de
signed to offer real assistance to
ngricultnre and at the same time
.meet objections of the president
to provisions in the original bill.
Farm leaders who, have discus
sed the agricultural situation with
President Coolidge lately say that
Ik has expressed a desire to have
relief legislation enacted, but is
firmly opposed to the equaliza
tion fee principle and certain oth
er features of the McNary-ifaugen
bill.
In reaching the decision that it
would be best to. work out a com
promise, Senator MeNary has now
reached the conclusion that in
face of presidential opposition the
original McNary-Haugen bill would
have a slim chance of ever be
coming a law. He leaves tomor
row for the west and will discuss
the situation with various agri
cultural leaders and advise them
to adopt a spirit of give and take
in an effort to'wirk out a legisla
tive program that can be carried
into effect.;
DISCUSS MANAGER PLAN
Meeting of Committee to be Held
Tonight at State Library
City government administration
under the proposed council-manager
plan will be discussed at a
meeting tomorrow night of the
special committee recently ap
pointed by Mayor Livesley to work
out a new system of city govern
ment for Salem. '
The meeting will be held at the
state library where Miss Cornelia.
Marvin, state librarian, has a vast
collection of material dealing with
the subject J. M. Devers, assist
ant attorney general, who made
a trip to Astoria last week, will
probably be present to give a re
port on the managerial form of
government in that "ity.
One certain phase of the council-manager
form wilt be discussed
at each meeting of the committee
until the com Dieted plan is ready
for consideration.
LIQUOR CASE APPEALED
Peterson Cjiven Sharp Sentence
Ity Silverton Justice
Alfred M. Peterson of Silverton
has appealed to the circuit court
following a justice court convic
tion for possession of intoxicants
and a sentefaee of 60 days in jail
plus a $10 fine imposed yester
day. Peterson was arrested bv Silver-
ton city officers Saturday. April
9, with two pints of liquor in his
possession. No positive evidence
of liquor sales was offered but the
stiff sentence imposed- by the jus
tice indicated such action.
He pleaded not guilty Inn failed
to put up a convincing argument
in the trial yesterday. Peterson
furnished .the required $500 bail
and was released until the ap
pealed case is called.
ONE MATCH AND SAFETY
Salcmites Snowed In; Carefuf To
Keep Fire Burning
Mr. and Mrs. W. G. Ilaker'of
1950 North Water street returned
to Salem on Monday night after an
enforced absence of more than a
week. Mr. and Mrs. Baker, who
have property interests in the Cas
cades, left twelve days ago to in
spect their holdings. ;
: Motoring as far up the MacKen
xle as .they were able to go. the
Bakers then hired pack-mules for
the rest of the trip. Soon after
they reached, their destination,
snow fell to such an extent they
were unable to leave for more
than a week. They were imprison
ed in their home with only one
match, and had to see that the
fire in the stove never went out.
Mr. Baker is a prospector and
trapper.
JUSTICE AND BRIDE Hf RE
Thomas ' A. 5 McBrkle and Wife
Return From Honeymoon
- Justice Thomas A. McBride of
the state supreme court, and Mrs.
McBride, who were married , in
Portland recently, arrived. in Sa
lem Monday night after : passing
their honeymoon at Seaside and
other beach resorts. They will
make their home on South .Winter
street where they will be at home
to their many friends : .after
May ' .-, v k 4
; Both Justice and. Mrs. McBride
were showered with . congratula
tions upon their arrival here, r .
WILL GO AHEAD
SGHQDL SURVEY
Investigation of Cost of Re
pairs Ordered at School
Board Meeting
BUILDING NOT UNSAFE
Citizens From Englewood District
Attend; Inters Suggest
New Building Instead
of Reconditioning
After extending a hearing to a
number of citizens of the Engle
wood district, and holding a some
what prolonged discussion, the
Salem school board last night vot
ed fo employ Cuyler Van Patten
for the purpose of making a sur
vey of the old Washington school
to determine what repairs will be
necessary to put that building into
condition for use once more as a
school plant. r
The acion was taken in spite
of a survey conducted under di
rection of Superintendent George
W. Hug whioh showed that 107
out of 190 parents who were sent
questionnaires voted to have pu
pils stay in the schools where they
now attend. The survey was made
to determine bow many children
would be available for attendance
at Washington should the build
ing once more be utilized.
Say Homo Misinformed
Several citizens who appeared
before the board last night stated
that they believed the survey had
not been an accurate guage of the
sentiment in the district. Some
felt that opposition to the re-opening
of the school was due to a
misconception as to the condition
of the building. Many have the
impression, it was said, that the
school is an usafe structure, little
more than a lire trap, whereas a
few repairs would make it as safe
as any other building.
A i petition "carrying several
names asking re-opening of the
school for. the lower grades was
also presented to the board. No
one opposing the opening of the
(Continued on page 4.)
FIRE DESTROYS VESSEL
Cannery, Seasons Pack and Warc
i house Also Go lp in Smoke
HOQDIAM, "Wash.. April 12.
(AP) Fire. startfnK in the tug
boat of the Grindle Cannery com
pany at the mouth of the Queets
river today destroyed the cannery
plant, two warehouses, the boat
and the season's pack which was
being made ready for shipment
here tomorrow for sale. The pack
was valued at 95.000, the boat at
93.500 and the plant represented
an, investment of about $50,000.
, "-ISS V VOli A6ETTE.R VK
v -tLTL ONE MAYBE! Y
COUNTIES FIGHT
STATE'S DEMAND
DISTRICT ATTV. OP DOt'GMS
1IKRE TO DISCUSS
i(U Concerned in Marlon County's
Case; Suit Not. to Be
Filed Soon
Any legal action that may be
taken by the state to recover from
18 Oregon counties a share of the
Oregon & California land grant
tax refund will be resisted by the
counties, according to Guy Cordon,
district attorney of Douglas coun
ty and legal adviser for the state
land gram association.
District Attorney Cordon ar
rived in Salem Tuesday and later
conferred with members of the
Marion county court.
The state, through Sam A. Ko
zer, secretary of state, and Attor
ney General Van Winkle, recently
made demand upon the Marion
county ofl'icials for approximately
24,000 yf the Sill. 000 which
was Marion county's share of the
tax refund.
District Attorney John Carson
of Marion county will assist in the
defense.
It Mas said that the result of
the suit to be filed against Marion
county would affect all the coun
ties in which the grant lands were
located. The tax refund was
authorized under an act of con
gress signed by President Cool
idge in April, 1925.
The act provided that the coun
ties would receive an amount of
money equivalent to their share
of the taxes on the lands had they
not reverted to the federal gov
ernment, t
Officials indicated that the legal
action against Marion eounty prob
ably would not be filed for two
weeks.
STICKS TO QUEER STORY
Contractor Says Forced to Trans
Mrt (lUnmeii and Victim
PORTLAND. April 12. (AP)
After more than 18 hours gril
ling by veteran detectives, Fred
Holstrora, a contractor, continued
tonight to adhere to his story that
he had been forced at the point
of a gun to take three ganmen,
their small arsenal and a sack
containing a "human, moving be
ing" through Portland into Clark
county, Washington, last night.
Futhermore, he persisted in
keeping to his wild, wierd story
when told that members of the
harbor patrol, after dragging for
nearly eight hours, had been un
able to find the sack and its con
tents which he had declared he
saw the gunmen throw off the
bridge into the Oregon slough.
Holstrom declares he was
waylaid by the gang last night as
he -was driving his small truck
near Heaverton. and that the three
men loaded a machine gun, sever
al rifles and revolvers, ammuni
tion and cartridge belts, together
with a sack, which he believed,
contained a man, into his auto
mobile, and forced him tov drive
from the city.
LEAVE IT TO THE RADIO BOARD
STATE BUILDING
PLAN ATTACKED
SUIT MAY BE FILED AOAIXST
LOAN FEATURE OF RILL
Employers Who Contributed to
Accident Insurance Fund
Interested
Suit to determine whether the
state lias authority to borrow
funds from the state industrial
accident commission for the con
struction of a new office building
approved by the legislature at its
session, probably will be filed in
the courts here within the next
few1 days. t
Announcement of the threat
ened suit was made following - a'
conference here Tuesday attend
ed by James B. Kerr and James
Wilson, Portland attorneys. Mr.
Wilson represents, the Oregon
American Lumber company with
offices in Portland.
The. law to be attacked author
ized the state to borrow from the
industrial accident fund 8000,
000, on which the state would pay
interest at the rate of 4 4 per
cent, it was proposed under the
act tn pay interest on the obliga
tion and retire the principal
through rentals to bo assessed
against state departments occupy
ing space in the new structure.
Employers who contribute to
the industrial accident fund were
said to be behind the move to de
termine the constitutionality of
the legislative act.
The j architect has been em
ployed and plans for the new
building are now being prepared.
NEW TEACHERS ELECTED
Nine Nained for Place In Salem
Public School System
Nine new teachers for the Sa
lem school were, elected last night
by the school board upon recom
mendation of Superintendent
George W. Hug. They are Mar
jorie May Stone. Mary Louise
WMsecarver, and Ruth Griffith for
places In the senior high school:
Kay Spaulding as instructor of
music in Parrish junior high
school; and Mary Lee Scott, Lela
Riches King, Grace Hendrickson,
Katherine Knox, and Lita Waters,
for grade schools.
- Blanche Isherwood was reelect
ed secretary to Superintendent
Hug. Other elections were Vera
McCuhe, secretary at Parrish;
Grace L. Taylork school nurse, and
John W. Marr, trirant officer.
GOVERNOR WILL PITCH
State's . Chief Executive to Throw
First Ball in Portland
Governor . Patterson will pitch
the first ball at the opening game
of the Pacific coast leagle in Port
land today. Mayor Baker will be
stationed behind the bat. The
governor will be accompanied to
Portland by Sam A. Kozer. secre
tary of state, and a number of
other officials.
While in Portland Governor
Patterson will attend two lunch
eons and will speak over the ra
dio at night.
!
iBILIIY
0FPR1ECB0P
NEEDED. SHOWN
Report of Federal Investiga
tor Heard at Big Meeting
Held in City
MANY AT CONFERENCE
Cooperation Between Growers and
Packers Chief Fsscntial; Ad
vertising, Better lfr
keting Vital
Superior products . improved
methods of merchandising and ad
vertising, but most of all coopera
tion among the growers, are: es
sentials in the development and
successful operation of the prune
industry in Oregon and Washing
ton, according to a report of the
federal department of agriculture
submitted to several hundred
growers, packers and consumers
at a meeting here Tuesday.
The report was the, result of an
exhaustive investigation of the
prune industry cnoducted by
Burke H. Critchfield. Chris L.
Christenson and Lloyd S. Tenney,
representatives of the federal agri
cultural department. They were
at the meeting and explained in
detail the 'major facts and conclu
sions contained in the report, Mr.
Critchfield is agricultural econ
omist of the federal bureau of
agricultural economics.
Henr Report First
Although a number "of the
speakers urged that some action
looking to the organization of the
growers and packers be taken at
today's meeting, others insisted
that the report should first be
considered.
The latter suggestion was fa
vored and it was decided to hold
a series of meetings in the various
prune growing sections of Oregon
and Washington for the purpose
of explaining the report. ... . .
Subsequent meetings probably
will be held when some kind of
a cooperative agreement will be
reached.
Considerable discussion center
ed on the question of advertising.
Mr. Christertaon said that while
he believed in advertising he was
ndt of the opinion that a nation
wide .publicity program should be
proposed at this time.
In lieu of such an advertising
campaign he declared that certain
consuming centers could be select
ed for publicity purposes at a
moderate cost to the growers.
Mr. Tenney made it plain that
it was not the fuuction' of the agri
cultural -department to conduct
the affairs of any organization or
business, but merely to give the
facts snd assist the rural toilers in
working put their problems. lie
said the agricultural department
was interested chiefly in the wel
fare of the producer and consum
er and not the middle man or
speculator.
"Careful growing and delivery
of prunes of a uniform quality are
the first essentials in establishing
and maintaining an effective mer
chandising program," read the
government report.
, "There also must be a depend
able and regularity of supply. As
to the latter, the wide variation
from year to year iu the size of
the crop of northwestern prunes
presents difficult marketing
problem.1 Uniform quality pro
ducts, good pack and dependable
servicn in administering the sup
ply all help to build and maintain
regular trade outlets with mini-
Oontirmed on page 4.)
ANCIENT GRAVE FOUND
Believed to Have Been Erected by
Astoria Founders
' ASTORIA, April 12. (AP.)
A tombstone believed to have been
erected in the graveyard of Fort
Astoria soon after it was founded
by John Jacob Astor in 1811, was
unearthed by workmen here to
day. Time 'had worn it so that
only small fragments of words
could be deciphered.
Pioneers here say that the site
where it was uncovered was that
of the first graveyard in Fort As
toria. Several lother old tomb
stones . were removed fro mthe
same site several years ago and
placed in museums. '
The propertyon wb,ich the stone
was unearthed was being excavat
ed for an addition to the city hall
grounds. . - ,
MURDER SUSPECT HELD
Man Believed to bo "Dark Strmng
ler" Reported Arrested .
K PORTLAND. April 12. (AP.)
-A "dark atrangler" suspect
whose name wa not divulged, was
detained for ' questioning in the
county jau sere xonignx. -. - j
; tie was t&Jten into custody; ta
connection; with an attempt to sell
a watch thbught to hare belonged
to Mrs. Florence Monks, strangled
to death la&t November la .Seattle.
NAME ANDERSON
SALEM HI COACH
WILL COMTUNEinTES WITH
PHYSICAL - DIRECTION
Luke Gill Chosen as Assistant;
New Mentors Prominent
in College
Louie Anderson was elected last
night hy the school board to the
position of head coach to succeed
Holils Huntington, resigned. An
derson, whose salary will be
S2200r .will also retain the posi
tion of physical director. .Luke
Gill was named as assistant coach
at a salary of $1500.
During the past year, Anderson
has acted as assistant coach to
Huntington and his work in build
up the program of the physical
education ; department is said
largely to have influenced his
choice as coach in 1925. Ander
son was quarterback on the Uni
versity of Oregon team which
iwarly upset Washington's claim
Co the coast championship by
playing the Huskies, a spectacu
lar game at Seattle. Anderson's
field -tactics were responsible for
the fine showing Oregon made in
this clash.
Gill, who will assist Anderson
in developing Salem high athletic
teams, was all coast half-back
several years ago at OAC. Last
fall. as. assistant to Coach It. S.
Keene, he helped develop the Wil
lamette university football men.
Gill will assist in physical educa
tion work.
Anderson was selected from a
li.rge list of. applicants for the po-j
sitibn. The most prominent con-
tender with him for the place was
Ramon Dimick, now coach- at Raymond,-
Wash., who has produced
a number of winning teams at
that school.
MILL NOW IN OPERATION
Progress Noted Dally Looking To
ward Big Things in Future
Salem's second linen mill is get
ting 'into operation. Every .day
there is progress; a new machine
set to going; ,a new process to
wards the making of the finished
progress added.
There are five spinning ma
chines up. Another on the .floor,
ready to set up Another due to
arrive April 28: I That will make
seven.-. . That. wUl complete the
full quota oC machinery. The one
coming is the last. , .
Each machine has 192 spindles.
That makes 1344 spindles. Each
spindle is capable of turning out
a pound of "yarn" in an eight-hour
shift.; One machine turned out
80 pounds per spindle on Monday.
Pretty good for green hands.
They are doing well.
Adding Experts
There are 118 looms. ,Forty are
now hooked up and tried out.
Many kinds of looms, to make
many kinds of products. Some
wide ones . to make table linens.
Beautiful patterns.
Several of the looms are now
making fancy towels. Some mak
ing crashes. Some are working
on linens for tailors linings. It
takes a yard of linen linings for
every suit of clothes
And there are orders now to
take the product of 10 looms,
provided the samples come up to
standard: which they will. The
whole mill might work on linen
suit linings, and make only a dent
ih the American demand.
In just a few days the dye room,
will be ready, and the finishing
room. There are a dozen or so
sewing machines, electrically driv
en, for the finishing room.
Then there will be shipping,
and selling, with marketing or
ganization. It is all coming fine.
Looking good. And very, very
busy.
Some more expert help is ar
riving, to teach the new hands.
But the new hands are doing very,
very well. Surprising everybody.
OPPOSE WATER OPTION
Kiwanians Appoint Committee to
, Urge Municipal Purchase
The first move in the fight
against the sale of Salem's water
works to the Federal Water Ser
vice corporation was made yester
day with the appointment of Fred
Erixon as chairman of a commit
tee of .Kiwanians to cooperate in
definite moves to place the pur
chase before the voters of the city.
.Erixon made a short -address
against the option awarded by the
local comnanv tri thB'W.Vnv
syndicate ; urging that the , I club
take immediate action to rar-rv nn
Ltae fight. He was given heavy
yyiaue ana me committee will
start work at once.
If the deal is put over Salem
will be only one town of many
turning thousands of dollars each
month Into the service enrnnrntlnn
and it is this result that Mr. Erix
on struck at in his address to the
Kiwanlatts. .--.'C.
The Kiwauis ' cluh has the
avowed support " of the Salem
Lions dub in backing the pro-
poaea action, a majority ot e
members of both organizations be
lieving that the TOters and proper
ty owners ox tne city should hare
a chance to rote In June on the
now neglected - plans to- purchase
the water holdings of the-- local
corporation, r - -i - 1
CARLTON HEADS JIASTERS
Edmund F. Carlton' of Salem
was elected grand master of the
Royal and Select Masters at Bend.
aisi
Almost Entire Population
Casualties, According to
Meager Reports
RECOVER 50 BODIES
Five Dead in Oklahoma and ;
Arkansas - When Storm
Strikes; Vast Property 1
Damage s '
WACO, Texas, April 13
(AP) The News-Tribune
early today received reports
that 50 bodies had been re
covered from wreckage of
Rock Springs, Texas, build
ings leveled by a ; tornado
there last night. 1
SAN" ANTONIO, Tex.,' April 12.
-(AP) More than 1?5 nerennd
are believed to have lost their
uves in a devastating tornado
which struck the little town of
Rock Springs, county seat of Ed
wards county located 120 miles
west of San AntrmJn at s ac
cording to information reaching
uer iwo nours later over an im
provised PIBflrpPIIMf Manh.n. ...
- ,m.iUVUOiI!l).
tarnished one mile east of tho
town.
Fear Total Greater
Meager information Indicated
that th total riasH ntH .
- " xu.u uiuuub
suu nigner when a final check ia
madejA relief party left Del Rio
over ;the Southern Pacific lines
within an hour after news of the
storm reached that city- and -doe
tors were organizing another re
lief party at Uvalde to go to,th
striken town.
A relief party headed by City
Health Officer W. A. King and
Fire, Chief J. O. Sarran was des
patched from San Antonio. With
the. telephone exchange . blowi
away an operator at the . Rock
Springs lineman to a point one
mile east of town and installed a
telephone with whleh to maintain
communication with the outside
world. i .
j The first meesage reaching San
(Continued oa page 2.) ; :
ASSESSMENT LAW
TAKEN TO COURT
ALTERNATIVE WRIT OF MAN
DAMUS ALLOWED IN CASK
Circuit Judge Rules After Kupremo
Court Declines Jurisdiction ,
In "L. B. Smith Petition
An alternative writ of man
damus requiring Sam A. Kozer.
secretary of state, to recognize an
application for a ballot title for a
proposed referendum measure i
looking , to the repeal of the so- :
called tax assessment law enacted
at the last legislature, or to show '
cause before April 15 why he '
should not do so, was grafted in
circuit court , here Tuesday by,.
Judge L. H. McMahan, to L. B.
Smith of Portland, who had first
taken the matter up before the
supreme court of the state. That
body refused to assume Jurisdic
tion. 1 n
The petition for a writ of man
damus was dismissed'- by the su
preme .court, without, prejudice,
and thus the applicant retained
the right to apply for a writ in any
other court having jurisdiction. .
It was alleged by Mr. Smith
that under the constitution of the
state all tax measures are subject
to referendum, i The application ,
for a ballot title was refused by ;
the secretary of state on the
grounds lhat he was an adminis
trative officer, and that the law
complained of In the proceeding
carried the emergency clause and
already is in effect.
Mr, Smith, charged that in re
fusing to accept his petition tho
secretary of state had denied him
the right of referendum to which,
he was entitled under the constitu
tion. -: ' ; . -'.
The tax assessment law under
attack authorized county assessors
to demand inrentories of bu3iue i
concerns and gare the state tax
commission power to correct un
fair or unjust assessments 1
county assessors.: -, The- law a
copied. in part from the Wash -
ton assessment act and was r. : t
mended by the state .tax iavc. :i
gating committee created . by t' ;
19 2 & legislature. ,
- Other opinions handed down 1
the cdurt follow: -
'; State of Oregon, vs. Ctto llu -sel,
appellant; appeal from Do - -las
county; bit051 from convict:
for vlolation .of prohibition I :v.
" (Oocllaued oa. psj 2.)
25
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