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PACTS FOUH
Th tECON mTTAK;Ci!it Crf-n, THrtr l!sralr tetchier IX 1923
"No Favor Stray Vt; Wo Fear Shall Awe."
From First StatesKwA, March tS. 1851
THE STATESMAN PUBUSHINO CX).
Cbisles a. Sraact'E, Sheldon F. Sacxstt, PvllUktrt
CHAXtsa A- SfSABCB i Edtor-Jlgtr
SHtLPOW F. SAOOETf MtMgi$ E&U
If ember of the Associated Press
. Tho Asnedeied Press is exclusively entitled total use for
publication of all news dispatches credited te iter not otherwise
credited to this paper. T
- Entered at tU PoeUffie ef Salem, OregeeL meSecend-Claaa
liatttr.' Published every morning except Monday. Business
office SIS S. Commercial Strait.
Pacific Coast Advertisinf ReprssenUtivns: '
Arthur W. Slypes, Inc Portland, Secwrit y Eldf.
San Francisco, Sharon Bide; Los Angeles, W. Pue. Bide
Eastern Advertising Bepresentatires:
Ford-Parsons-Steeher, Inc. New York, 271 Madison Ave.j
Chicago, 360; N. Michigan Ave.
Convictions Reversed on Appeal
LOVERS of detective fiction usually pursue the tale breath
lessly through to the end ; and when the culprit is exposed
they lay the book aside under the shock of some surprise or
satisfaction that the ends of justice are about to be served.
They do not stop to question, after the author declares one
of his characters guilty, whether the conviction is authentic
or fictitious. The plausible solution of the author's own
mystery is accepted without debate and the author's "than
art the man" makes such an one guilty in the readers
"' eyes. Many lawyers have written detective stories. It is
only now that lawyers reading detective fiction call in crit
icism the f ictive methods of the authors.
John Barker Waite, professor of law at Ann Arbor,
and Miles W. Kimball have written in the August "Book
man a critique of the current detective fiction. They have
been examining the evidence against such characters as Ada
in "The Green Murder Case," and Vandelius whom J. S.
Fletcher has arrested in his "The Strange Case of HAiry
MarchmomV' and John Tracy in "The Room with the Tas
sels' by Carolyn Wells. As court of appeal Messrs. Waite
and Kimball either find that the evidence is insufficient or
that it is inadmissible in a court because of the way it was
procured. As they put it: The chief reason justice is so
much better served in fiction than in reality is that the my
thical detective enjoys enormous advantage over actual in-
rootiminro Tho stnrv-hnnlr hem can -wet his man bv all
manner of devices prohibited in real life from breaking
and entering to conniving with United States postal officials
to rob the mails."
4 Police officers in real life enjoy no such privileges as
Philo Vance and Sherlock Holmes in weaving fabrics of evi
dence which never endure the fire of cross-examination in
a court. Nor are they privileged, in general practice at
least, to violate constitutional rights in order to obtain evi
dence. So these detectives of fiction who make the regular
sleuths to appear so helpless are in truth operators with ar
tificial privileges as well as just creatures of f ictive imagi
nation. When society is confronted with a real crime that
is baffling, the wish for some story-book dectective is real.
The lesson which the "Bookman" article brings home is that
even if there were such characters in real life, their method
of working would not bring conviction in a court.
Portland Milk is "Raw"
WE notice some newspaper stir in Portland about the
lack of inspection of the milk supply of that eity dur
ing the summer, and about alleged political influence in the
office charged with milk inspection. All of which may or
may not be true.
Many cities nowadays have come to require pasteuri
zation of milk before it may be sold to the public The public
in b'ring pasteurized milk may have rather a false sense of j
seer . The word in common understanding implies ster
ilize. milk, the killing of all bacteria in the milk. Such is
not the case at all. The pasteurizing process raises the tem
perature to 140 degrees, which it is thought will kill a great
many of the bacteria. But often the count after pasteuriza
tion discloses more bacteria per c. c. than in raw milk.
There is no substitute for sanitary conditions in the
dairies. Under proper conditions of milking, bottling and
distribution, raw milk is just-as safe as pasteurized milk;
and many prefer its flavor. Where milk comes from many
dairies and is mixed, then it is well to pasteurize. Where
the source is known and the proper inspection and grading
insisted on, one can safely depend on raw milk.
The benefit of the agitation in Portland will be in seeing
that real standards of limited bacteria count are adhered to,
. and in educating the public to know that pasteurization is
not always a guarantee of pure, wholesome milk. Vigilance
for cleanliness Is the price of pure milk for the cities,
i i . .... . -
A Reasonable Franchise
mHE bus company has nretty well nulled the teeth in the
X franchise ..which it has submitted to the council for con
aideration. The term has been cut in two, from ten years to
five. No banal emergency clause is tacked on to block a
possible referendum. Conditional on the company's render
ing first-class .service the franchise is exclusive.
We believe that this franchise properly safeguards the
interests of the city and insures competent, dependable, re
sponsible bus service, to the public, which is the most import
ant thing, i If a companw makes fas large an investment
as this company has in modern and comfortable buses, giv
ing as complete service as it does, then it Is entitled to an ex
clusive franchise for at least the limited period it requests.
The price on flaxseed has gone to over $3.00 a bushel.
American production this year is estimated at 14,000,000 bu
shels, compared with requirements of 45,000,000. Here is a
real opportunity for -Willamette Valley farmers who do not
care to grow fibre flax. They can grow flax for the seed and
find a ready market in Portland. Many are growing flax,
but the acreage could be greatly, and we believe very profit
ably increased. Scientific farming- has done away with the
, bugaboo about flax wearing out the land. . -
The federal farm board Is starting an investigation as
io wny me American wneai price is so nmcn unaer ue va
YtariiATi mun this Aftann. That fine. If thfinr cer. that lnvfi
gation made before the next crop comes on. Even if they find
out tne wny, tnar Knowledge aoesn t eummate tne discrep
ancy. - ,
'The lumber market is sick again. It Is about the only lnralld
In the whole-northwest honseholtWs fall. Here we are, shipping
- the one great crop nature has given this state, to all parts of the
world nearly; and doing lo at a loss to the concerns engaged In the
business. Perhaps If we had the right kind of taxing system we
- wouldn't force timber on the market. The lumber business surely
' Qualifies tinder the limited group entitled to tariff consideration
' which, the president referred to In his message to congress.
x ' I How dry and dusty everything ts when the rains are delayed so
long In the fall! Smoke and cloud and 4ust and heat make the days
stuffy and sultry.- roUt long for the "big change," for the chill.
i damp morning calling lor the Mt of fire In the firepiaee.
- , a Hoqulam wctu declares a cache of Uquor In her woodshed was
a plant.' Many a man would join the wctu If he thought he would be
lmilarly affUeted. - .
f Billr Sunday. ir Is now Involved in his second divorce suit.
L That must rive Dad and "Ma! a real heartbreak, for theirs seems
to have been one of those successful, laVfasUeaed ssarrlages.
Another Overcrowded Condition
" ' " ' ' 'a tm twwiM u r.
I Editors Say:
BITS for BREAKFAST
-By R. J. HENDRICKS-
Colonel Thompson continues:
H
In November of the same year
(1872) occurred the first out
break of the Modoc Indians and a
score of settlers and a few soldiers
had been kiUed. Governor Grover
had ordered out two companies of
volunteers under General John K.
Ross, a veteran of the Rogue river
war, to assist the regular army
in Queuing the Insurrection. The
outbreak, only for the butchery of
the citizens along the Lost river
and Tule lake, was not regarded
as at all serious, as a few weeks
would suffice to crush or destroy
the savages. But' as weeks rolled
on and still no surrender, nor even
a fight, the governor became un
easy ... It was o'clock in the
morning when Mr. Gilfry, private
secretary to the governor, came
to my office with a message that
Governor Grover Miller (John T.
Miller), and when would I start?
I replied that I would ge by the
11 o'clock train It General Mil
ler was ready to start.
As was told in this column sev
eral days ago, Colonel Thompson
left Salem Thursday noon and was
in the lava beds Saturday night;
going by train to Roseburg the
first day, by stage to Jacksonville
that night, and thence by relays
of three good saddle horses.
The Modoc Indian was a bad ac
tor. From the day the white man
first set foot upon his soil he had
been a merciless foe with whom
there could be no peace. The trav
elers through his country were
forced to battle for. their lives.
Trains of immigrants, men, wom
en and children, worn and weary
with the hardships and trials of
the plains, were trapped and but
chered. The number of these vic
tims mounted into the hundreds
and constituted one of the saddest
chapters in the annals of Ameri
can pioneers. -CoL Thompson says
of the Modoes: "They did not pos
sess the steady courage of the Nes
Perces, nor the wild dash of the
Sioux, but. in cunning and savage
ferocity they were -not exceUed
even by the Apaches. In war they
relied. mainly on cunning and
treachery, and the character of
their country was eminently suit
ed for the display-of 'these tae
tlcs. Our first knowledge of the
Modocs was when they stole uponi
the camp of Fremont in 1845 . . .
Fremont suffered the loss of some
et his men. Including two Dela
ware Indians." (It was here that
Fremont wai overtaken by a cour
ier and turned back to assist in
the conquest of California.)
m m "k
In 1850, an immigrant train
was trapped, and of the more than
80 men, women and children but
one escaped to tell the awful tale
of slaughter. In 1851, an attempt
of the same kind was made,-at the
same place, but a company under
John F. Miller (afterwards of Sa
lem) went to their relief from
Jacksonville, having gone out to
guard the immigrants known to
be on the way. Some of the immi
grants were killed and wounded
before help arrived, and the Mo
doc murderers were chased into
the lava beds and thus escaped
their pursuers. Another whole
train was destroyed, without n
trace.
" -
In 1852 foUowed the famous so
called "Ben Wright massacre." In
the fall of that year Ben Wright
raised a company of St men and
went out to guard the Incoming
immigrants through the -land of
the Modocs. The Indiana sent
messenger for a, parley. Their
chief pretended friendship, but
when Ben Wright had gone to
meet him, supposedly unarmed.
for the parley, and the wily sav
age supposed the white men were
In his power, he was on the point
of ordering an attack, when Ben
Wright whipped two pistols from
under his blanket that-took the
I an overcoat. Ant, abet
him dead, and Wright's men open
ed fire and wiped out the treach
erous Modoe band. About 90 In
dians were killed. It broke the
Dower of the Modocs. bat a howl
went np from the goody-goodies of
the country about the "massacre"
of the poor Indians, who would
have rfnnA t fc a muM stnnt
themselves had they not been out
witted, surprised and outfought.
fc
On October 14. 18S4. tha Mo
docs entered into a treaty and
went onto the Klamath reserra
tion of 768,000 acres of land, more
wan tzv acres lor eacn man,
woman and child, and they were
Promised navmenta of tsso.oao
from the government, for widen
consideration they gave over the
rest ef their lands. The main
tribe of the Medoea, at a tribe,
kept faith. But s renegade band
under Captain Jack left the reser
vation and went back to their
eld haunts. Captain Jack was
wanted for mnrdar. and a filt
ered nround him renegades from
otner tnnes. ah were outlaws. Bo
gus Charley, one of the band, was
an Umpqua Indian, raised by a
white man. There were Indians
from the Columbia in Jack's band.
He was assisted in securing his
ascendency over his band of out
laws by his sister. "Queen Mar, "
so-called, who had lived many
years witn a white man near
Treks. "In the minion of C.nt1n
I. D. Applegate." says Col. Thomp
son, -joary was the Drains of the
murderous crew who gathered In
the hole in tha will' undmv har
brother.
U
In the first days of January,
1873, the band under Captain
Jack murdered a lot of settlers in
that section, and the regular sol
diers made no headway against
their outrages. The civilian sol
diers under Capt. O. C. Applegate,
Captains L D. Applegate and Kel
ley, CoL Thompson and others
fought the Modocs, and lost 42
men, besides a long list of wound
ed; but Col. Thompson believes
that, with a small additional loss,
the Modoc band could have at a
eertain point on the 17th, been
kiUed or captured, and their
stronghold taken, in 20 minutes,
had the volunteers been allowed
to make the trial whWi thmr wm
anxious to do.
V
But, says Thompson, the forces
of the sob-sisters "succeeded In
hypnotizing the grim soldier In
the White Hons (President
Grant), 'and the result was 'the
'peace commission Sentimental
ists shed barrels of tears over the
wrongs at the Indians. According
ly in Februsry, 1872, a commis
sion was appointed consisting of
A. B. Meachem, Jesse Applegate
and S. Case Towards the last of
February the commission. arrived
at the lava beds. In vain Gover
nor G rover protested against any
compromise with the murderers of
Oregon citizens. Captain Jack at
first refused to have anything to
do with the commissioners. Attr
some weeks of delay he agreed to
a conierence, nut the terms were
such as to leave no doubt of In
tended treachery, and Aonlerate
and Case resigned in discusL
They saw that the Indians only
sought an onnorrnnitv to nnrder
General Canby and such other of
ficers as they could get Into their
power. Accordingly Rev. E. Thom
as, then nresidlna elder of the Pat-
aluma, CaL, district of the Meth-
oaist enuren, ana I s. Dyar, In
dian arent atitha Klamath nuter.
vatlon, were appointed to fill the
vacancies. - t y
bf H . . - '
A teat was pitched midway be
tween the linen and thither Com
missioners Meachem, Thomas and
Dyar, and General Canby repaired,
accompanied by Frank Riddle and
his Modoe wife as interpreters.
y b - ' -.'
The rest off this story. Includ
ing the massacre, will hare to go
oven uu tomorrow
(The Bits man would like to say
to the Sips for Supper man ' that
he, too, sympathises with Hlckey
HaaST dean of Salem bartenders,
and agrees that he deserves a his
toric memorial, which matter
shall have some sort of appropri
ate attention at a later date.)
trUEJf TUB WORM TTOX8
tiki norldvatcnltltf.tri
a modicum of proof of the theory
tsll ly tome scientists thai in
fects may tltrnntely enase mta
off the face or the enrtn. FioWdi
hat suffered incalculable damage,
rnaatsr lata many millions,
through tha dtttractir activities
et t Mediterraaeaa trait fry,
Crops have been dsitroyed, credit
strained, and banks have fatted
be easts of the fruit fly's Inroads.
drawers ia tat wtaakhee dist
rict, according t R. Edward
Tremble, prominent hortieultur
ntlsft of thn district, will suffer
a low of li.eoo.teo this season
from worm damage aad tha re
daction of grades resulting from
stings. Fickle nature allied ttselt
ea the aide of tha insects. Condi
tions were essentially favorable
for the development of the second
breed, and winds daring the
spraying season were a handicap
In the battle with the worms. The
damage is estimated to be the
greatest la a anarter of a cen
tury. Mr. Trumble estimates that In
the last twenty-two years he nan
waged Incessant warfare en ap
ple worms, growers aava lost
mora than 51.lt,0tt ia worm
damage t taeir era. Thorough
prsytng and careful timing are
repaired to win tha battle la any
ttrta tattoa, end many of the
growers, through neglect or mis
adventtrw nave been forced to re
treat tfefort the attacking army
or parasites.
Fortunately, however, the net
gala ta tha constant straggle with
insects hat Tea ta the side of
man. The batUe wtta the boll
weevil, the earn borer, the trait
fly nnd other destructive pests,
coating mlitions yearly, can be
woa It the taotte "eternal vigil
ance It the trice of liberty," Is
applied without relaxation. Bel
linghasa Herald.
XfR G1VK IT UP
Portland Is forming a new super-organization.
So many organ
isations are functioning there that
they hart to form an organisa
tion of organisations. That wffl
bo fine, more printing for the
printers, more office furniture,
more office space, more secretar
ies, morn committees, more tele,
graph bills, long distance calls. If
they can Just make the organiza
tion big enough, it will manufac
ture prosperity itself. Salem
Statesman.
Tea. But what we are carious
about it -how long before Port
land's super-organization will be
sending organisers of super-organisations
for other towns at so
much per super-organizer to get
suckers to Join at umpty-nmp dol
lars per Jiner and so much a
month thereafter as dues to be
used to- keep the super-Organiser
inter national secretary In eteao.
graphers aad perfume? And con
sidering that all the other organ
isers have organized the button
wearers of the country so effect
ively that there are no luncheon
days left, which fact made It nec
essary tor the organisation of
breakfast dabs tor the other suck
ers, may It not be necessary to
Change the name of the super,
organisers to supper-organisers T
CorralUs Gaaette-Times.
Congress has just spent a third
et a million on a system of refrig
eration which will, keep the sen.
ate and house chambers eool dar
ing the summer periods. If the
nee of the system is confined to
tho heads of members and not to -their
feet it may bo forth all It
has cost. Yakima Republic
For sale signs, tor rent eigne,
legal blanks, etc, tor sale at th
Statesman.
If you want to save many dollars
-Ik'
V.
start your
tm.
Old Oregon's
Yesterday
Town Talks from The States
man Our Fathers Read
September 12. ltOd
The state fair opened today
with fairest prospects In many
years. Mora than 2000 persons
ware on the- grounds at C o'clock
laat nlorltt- wtfn natnt tITE OA
above tha first day last year.
Miss Nellie Clark, Who Is leav
ing tor the mission field at Nan
king, China, was honored at the
first Christian church, of which
she Is a member, last evening.
Among- the speakers for the i
sion wem Prof. J. T. Matthews,
who has been her professor at
Willamette university, gad Rev.
Davis Errett ef tho church.
Marlon county has made steady
advance in the movement - for
good roads, and now comes the
purchase of the quarry on the
Ewald tract by the.county, and
ridiculously cheap trucking prom,
ised by the Citizens' Light and
Traction company, which will
haul at tho rata of 20 cent a cu
bic yard as compared to a prev
iously low rate of 40 cents.
Read the Classified Ads.
-
SUNSET CIRCLE
H69-70
San Francisco, Los Angeles,
the Southwest, Sait Antonio,
New Orleans, then -by baat
to New York nr continue
torn the old South by rail to
Washington, Baltimore,
Philadelphia, New York or
saidwest destinations.
GOLDEN STATE
CIRCLE
$1083
SanF-
irele
trip Jhast
before September
San Diego, BoQTwaad, thrn
the pJetoreoqne Soathwest
to Kaneae City, St. Lonia,
Cfaieago and all other ntfd
weat points.
OVERLAND CIRCLE
4B62-15
San Fnttdnco, LakeTabne,
nornae Crent Salt Lake by
raa.OBdrn. Salt Lake aty.
gag m afi aililTlieeal fmrq
y-msMvrcfwnthraYefiow-
T4.T
XNo trip you can plan
will give you as much for
your money. Southern
Pacific's Grcle Trips are
more than a trip back East
you tour as much of the
United Scares as you wish,
at summer excursion lares.
Only a tew days left to
buy this gicatxac summer
trip, but you have Dlentr
of time to complete your
journey. Your ticket is
good until October 31.
On these Circle Trios nan
Ease one way, serum another. Yo "r
ts us rniw uX swing CSK
through QCfofnil to your ocari-
Vliit grt cititt
lit Edit
UoitfMd
and the Boeky llnnntain
A- W
3J AfwLwL
nation and return via northern
United States or Catudian Line.
Reverse this order if you wish.
- Note the examples aad map.
Your trip East easily becomes a
CIRCLE Trip. Let us pbn ic for
yon now. Just phone the Southern
Pacific agent.
0isitiIflieEiiQ'I?a(ii
CITr TICKET OFFICE, ltd If. liberty SL Phone 80
PASSENGER STATION, 12t& and Oak
41
CelebiraiLe Qpeinim
! fntataw .
Of
Portland Gm i: Coke
Beautiful New Display
Covwipm$?s
Rooms
1 36 So. High (near State)
Phone 375
By using these coupons
Good for- $5.00
. This Week .......
on any appliance costing from $50 to $100
Good for $10.00
.......... This Week
on any appliance costing over, a hundred dollars.
N .y OpeiiTonight