East Oregonian : E.O. (Pendleton, OR) 1888-current, March 24, 1921, DAILY EDITION, Image 1

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    THE EAST OREGpNIAN IS THE ONLY INLAND EMPIRE NEWSPAPER GIVING ITS READERS THE BENEFIT OF DAILY TELEGRAPHIC NEWS REPORTS FROM BOTH THE ASSOCIATED FRESS AND UNITED FR
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DAILY EDITION
DAILY EDITION
Ths Et Oregonlsn Is F.tr Or-
fron'a greatest nfwpp nt a II
n fore (Ives t ths advertiser tw
twice th BUrant-t pnld elrculstloa
In Pendleton and Umatilla county of
any other newspaper.
The nt press run of yesterday's Dalljr
3,263
This paper In a member of una audited
by tli Audit Bureau of Circulation.
COUNTY OFFICIAL PAPE2
CITY OFFICIAL PAPER
VOL. 33
DAILY EAST OEEGONIAN, PENDLETON, OREGON, THURSDAY EVENING, MARCH 24, 1921.
NO. 9783
'"i i-lS2i " ' , f ,'?5' y" -"i: ?.l.llr,;i-.", 1,,"",
J .-. , r rr
H
W
OF
25 LIVES TODAY
Cities Are Entrenched to With
stand Armed Attacks; Public
- Buildings Are Dynamited.
DECIDE PEACE OFFICERS
COULD CONTROL OUTBREAK
Railroads Will Be Guarded
To Prevent Rcpititiori Of
Derailment of Express Train
. BERLIN, March 24. A. T.) Or
der hna been restored at Humour-.
BERLIN, March 24. (Carl D.
Oroal, U. P. Bluff Correspondent.)--The
communist uprising, spreading
rapidly through. mid-Germany, cunt
25 lives today. The polieo entrenched
a (core of cities to withstand attack-,
Dynamiting of public buildings, bank
robberies and looting accompanied the
outbursts. The radical press urged
concerted violence. Frankford-lierlln
express wti derailed when the com
munlat tore out a section of the track,
Twenty, thousand workers -at the big
Lcuna work struck and joined the
street crowds. Three attempts were
made to dynamite the court house at
Leipilg. Three are dead and two
were Injured when th Freiburg
courthouse wa dynamited. The riot
ers used army lorries la terrorizing
Mansfield.
Mart'nl Jjiw f freed.
BERLIN, March 21. ( U. P.) The
cabinet was urged to declare martial
law In mld-Germany. After a long de
bate and consideration of reports from
the riot district. It decided the pence 1
officer were able to control the out
break. Arrangements were made,
however, for careful guurding of all
the railroads, to prevent a repetition
of the Frunkfort-Uerlln express de
railment, , ,
WILL ASSIST 2 IN
Men Told How Deputy Sheriff
Used Gun and Fists to Force
Them to Confess to Murder.
BWAn-TLK, March 24. (U. P.)
Thrown In Jail In Shasta county, Cali
fornia allegedly becauso they told how
deputy sheriffs of that county used a
gun and fists to force a man to con
fess to the murder, Gerald Callahan
and Dewey DhvIk, both of Seattle, are
to be befriended by the "Seattle bar as
sociation. At the Instance of Frank
Steele, a local attorney, tho association
denounced the methods of the Shasta
county district ntorney and appointed
a committee to assist the imprisoned
men. . '
ATHENS, March 24. (A. P.) One
hundred twenty thousand Greek troops
are participating In the Greek offen
sive which began yesterday against thr
Turkish nationalists In Asia Minor.
The Turkish nationalists are believed
to have 80,000 In the field.
' Turks Arc IXini-d Back .
ATHENS, Murch 24. (I". P.I The
Turkish nationalists are retreating
beyond the Bagdad railway in Asia
Minor, according to a Greek common!
nue. It Is stated the Greek armies In
n n irroslstiible drive are forcing the
Turks back along thu wide trout.
Reported by Major Lee Moorhouse,
weather observer.
Maximum 6(1.
Minimum 40,
.Barometer 2.2. ,
Precipitation, 3.13.
fr
TODAY'S
FORECAST
Tonight and
Friday occa
sional rain.
GO!
All UPR1SI
CAUSES
LOSS
the
a-ani'iV-"', .J
GERMANY MUST PAY HER
DEBT OR TREATY WILL
BE APPLIED
PARIS, March 24. (A. P.) The German government has
been notified by the allied reparations commission that the to
tal amount of 20,000,000,000 gold marks, due under article 2..5
of the treaty, muat be paid by May 1 or additional penalties will
be inflicted. Premier Briand told the senate that if Germany
does not pay the treaty will be applied to its full limit.
1 D ,
MOTION PICTURE LEAGUE
OF OREGON WILL NOT
EXHIBIT CLARA'S FILMS
I'OIITLAXD, .March 24. (IT.
I'.) Tile motion picture league
of Oregon pnssed a resolution
today against exhibiting pictures
featuring Clara Smith Hamon.
I.AKUY Mil.FAX kll.LKI)
BOSTON, 'March 2. (U. P.)
Larry Mclx-un, former catcher for the
Cincinnati Reds and New York Giants
was shot and killed In a brawl In a soft
drink establishment.
'STILL' IS FOUND IN
POCATi'.'LLO, Iciuho. March 24.
(A. P.) The curiosity of a youthful
attendant at Sunday school services
caused the discovery of a still there
Sunday, It became known today.
The boy notoed two brownish drops
on the celling. The drops failed to fall
so after the Sunday school pupils had j
left he climlied Into the attic and dis
covered an oil stove, a still, a quantity
of mash, some burned sugar and all
the accessories to make lliiuor.
ill report of his discovery resulted
In the confiscation of the still but the
operntor has as yet not been discov
ered. GltFKAT FALI4, Mont., March 24.
(A. P.) The outlook for the spring
lamb crop Is Hood In the Musselshell
district of the Jefferson forest of
.Montana, according io J. P. Bonham
ranger in charge of that district. More
than 14,000 lambs are pastured in that
region.
The majority of the sheepmen, Mr.
Hnnhum reports, are not so heavily
; stocked this year as they were a year
ago, and for that reason they will be
able to care fur their flocks.
Comparatively no losses have been
suffered by either sheep or cattle dur
ing the winter from predatory ani
mals.' The range Is In excellent con
dition and all stock Is in better shape
than for a numbs of years. At least
(.6 per rent of Jast year's hay crop is
still In the fields unfed.
Alt VIIM)VS ItK-.MAISItY
LONDON. March 24. (A. I',)
British w-ar widows are re-marrying
so rapidly that the Chancellor, Austen
Chamberlain, expects to be able to re
duce pensions appropriations in this
year's budget by LIO.000,000 sterling.
This, however, is only ono of the fac
tors contributed to the anticipated re
duction but It is stated that thousands
of women made willows by ho win
have again become wives and thus
automatically taken their names off
tho iension list. The pensions grnnten
to widows of soldiers who died in ac
tive service are withdrawn when the
widows remarry.
1
GO TO JURY TONIGHT
PORTI.AND, March 24. (ir. P.)
The case of Joseph C. Poeschl, who
shot and killed Attorney Charles J.
Schnnabel In the court house. Is ex
pected to go to the jtiry tonight. Poes
chl alleged Schnnabel "sold him out"
Iri a lawsu.'t. Poeschl holds a medal
for bravery In a railroad accident,
over which the -suit developed. His
plea Is temporary insanity.
CONSTANTINOPLE, Murch 24.
(I. P.) The American navy is acting
as guardian to the: Crimean refugees
In the hospitals of this city, whose
families have been roparated from
them. Tho absolute necessity "of evac
uating refugees from, Contantlnoplc
has resulted in hundreds departing
from the city and leaving kinsfolk be
hind, 111 In tho hospitals. The Ameri
can navy has Undertaken io keep
track of all of the sick people thus
separated from their funil.es.
The number of sick Is Increasing.
The Russian summer embassy at
"Buyk-Dere has been turned into a ret-
usee nunpitni ciiuippru uj 1111 .amo-i i -
I can Red Cross. Such is the inade-
tttiaey of facilities for caring for the
sick, that .'n all hospitals available for
refusers, more than half of the pa-
tients are sleeping on the floor.
UnltlHU I Ui IlLI UULL'J
TO LIMIT
Could Pay liKp'nuilty lllll. .
PARIS, March 24. (U. P.) The
ullU J nations are convinced that Ger
many can pay the Indemnity bill but
has ho Intention of doing so, the rep
arations commission declared in a note
to i:erlin.
1
Packers and Employees Have
Reached Agreement Which
Will , Prevent a Strike.
WASHINGTON, March 24. (A. P.)
The president today personally con
gratulated representatives of the pack
ing industry and the employes on
reaching an agreement yesterday
averting a strike. The committees
were accompanied to the white house
by Secretaries 'Davis, Wallace, and
HWjvor and by 'Samuel Gompers.
Harding in his address said In part.
"I wan to say that th'a administra
tion has nearest to its heart at all times
any righteous helpfulness it can give
in avoiding suspension of Industrial
activities. The administration dues not
want to intrude Itself unduly, but wo
always want to be helpful In the cars
of justice and harmonizing of labor
End management."
IS
- - WW. . . V
TACOMA. Mash.. March 24. (A.
P.) Tho l'nitert Mutes naval scout
cruiser Milwaukee, a sister ship of
the Oniahi, first of her kind, will le
launched here today. Mrs. Rudolph
Pfeil Pr., of Milwaukee, will christen
the boat as it leaves the ways.
The Milwaukee, like the Omaha,
which was launched in December, and
the Cincinnati, which is to be launch-
td within a few weeks, is 550 feet in
length and her engines will generate
1 OS. 000 horsepower.
Her s)H'cd is expected to lie about
thirty five knots, or about forty, miles
an hour, making her one' of the fastest
boats in tho navy.
HALT LA K K CITY, I'tab. March ''4.
(A. P.) The name of Dr. S. W. Mc
Clurc now of Pocatello.- Idaho, for
many years secretary of tho National
Wool Growers' association, has been
suggested for (ho nomination to mem
bership of the Interstate commerce
commission in the event that' Prank
J. llagcnbiulh shall find it Impossible
lo accept, it was announced at the of-
Ifice of the wool growers here tonight.
As secretary of the wool growers' as
sociation for eight years. Dr. McClure
conducted many cases Involving
freight rate adjustments for sheep
men. Dr. McCluro was locuted here for
some years while with the bureau of
animal industry and later as manager
of the Cunningham FShecp & lind Co.
after the death of J. N. Burgess.
POLAND WILL INSIST OX RIGHT.
WASHINGTON. March 24. (A. P.)
Poland will press the inter-allied
commission, charged with definite de
termination of l.'pper Silesia for a dis
tribution of the territory between Po
land mid Germany based on the com
mune vote, according to official ml
v.ces received today by the Polish le
gation from .Warsaw.
Germany has indicated her inten
tion lo lay claim to the entire revlon
on tho basis of the numerical major
ity returned in lier favor in Upper
Si'imp. without distinction to com
mutes or districts. This claim, the
dispatches Indicate, will be strongly
opposed by the Polish foreign office,
which interpretes article 88 of the
limits of Versailles ns not providing
fr r the trrlbullon to either Poland or
Germany or Upper Silesia as a whole.
!L S!
SAN FRANCISCO.
March. 24. (I,
!p.) .n unidentified negro confessed
, tr) looting the nlr man sncKs on train
v0. "0 nt Wells. Nevada, ticcordliigi
'to advices ut the Southern Pacific of-.
rices here. He is being brought to
n Francisco for an examination by
the postal authorities.
IIC 11
A MOST
LOYALV0RKER
Cardinal. Gibbons Dies After
Serious Illness; Wielded
Strong Influence Everywhere
CLAIMED RELIGION WAS
ONLY BASIS FOR SOCIETY
Last Days Were Spent Among
His Friends in Native
City of Baltimore, Maryland.
BALTIMORE. March 24. (A. P.)
James Cardinal Gibbons, archbish
op of Baltimore and primate of the
American Catholic church, died at the
Arch-Kpiscopal resilience today at
11:33 after a prolonged illness which
mainly affected his heart.
Active seivice for more than half
a century in the interests of his coun
try as well as his church is closed by
the death of James Cardinal Gibbons.
At the celebration, in 1911. of the
twenty-fifth unnlversary of his eleva
tion lo the Cardinalate, His Eminence,
out of all the tributes paid him, ex
pressed himself as most affected by
that from William Howard Taft, his
intimate friend, and then President,
who ml'!:
"Through his long and useful life
Cardinal Gibbons has spared no effort
in the cause of good citizenship and
the uplifting of his fellow-man."
"You have portrayed your subject,
not, I fear, as he is, but as he should
be," responded the Cardinal. "One
merit only can I claim, and that Is an
ardent love for my native country and
her political Institutions. I consider
tho republic of the United States one
of the mort precious heirlooms ever
bestowed on mankind down the ages.
It Is the duty anL should be tho de
light of every a treusVbei and
perpetuate our government by observ
ance of its lnws and by the Integrity J
of the public life."
liorn In Baltimore, Md., of Irish
parents July 17, 18.14, James Gibbons
spent Ills youth In Ireland, but when
he was a lad of 14 years bis family re
turned to America, settled In New Or
leans where he acted as "punctual
grocer's boy."
Graduated from St. Charles
His ambition for the priesthood be
dim in those early days. At 21 he be
Ean preparations for his service In
the Roman Catholic church. Gradu
ating with distinguished honor from
Historic St. Charles Collego In Mary
land, he pursued his studies at the
Seminary of St. Sulplce and St. Mary'i;
University In Baltimore. His heart
was moved by the trapedy he wit
nessed and throughout life be was
strongly opposed to war.
Bishop Gibbon became Archbishop
of the diocese, then the highest dig
nitary of the Roman Cutholic church
in the United suites. j
Sent to Rome in lK.s:t.
As Archbishop, he headed the dele
gation of American prelates to Rome
In 1SS3. He outlined their plans for
the thii'd plenary council to be held
tho next year. Pope lo XIII. ap
pointed him to preside over the coun
cil. He directed the enaotment of
nany new decrees which were favor
ably approved by the ecclesiastical au
thorities. "Ileligion," he said shortly before
nis health, is tne oniy soua oasis 101
society. Religion is to society what J
cement Is to a modern building; it
makes ail purls comiuct and coher
ent. The teachings of Christ have
been the basis of all Christian legis
lation for nearly S.WtiO years. and con
tinue to be the light and guide for
hundreds of millions of wiuls. Neither
Solon nor l.ycurgus nor Justlnia nor
Napoleon nor any oihrr frumer of
laws ever exerted a tithe of the influ
ence v.-hlch the gospel of Christ exer
cises on the human races."
I.H.-I Bays Among Friends.
The last day of Cardinal Gib
bons were spent among Ills friends in
his native Baltimore. He was u pic
turesque figure on the streets. Not
withstanding bis high office, His Kmi
nrnce was one of tho most democratic
of American. 1'uring his dully walks
about tho city, he received the re
spectful Xulutions of persona of all
faiths, responding with Ills genial and
cordial smile whether to a policeman
or a distinguished financier. i
Pric-inN Were at Beilskle.
The aged prelate wielded to an Ill
ness which confined him to h's bed
the irveuter Dart of the winter. Mon-
signor John Uonrano. apostolic dele
gate to the United States, Bishop Cor
rigan, vicar-generul of the Baltimore
diocese, and a large number of oilier
clergymen were In the Cardinal's home
when he died.
' Cadlnnl Gibbons was born in Haiti-
more July 80. 1SS4. When James
was three years old. the family re-
turned to Ireland. They returned to
the I'nttml States when he was 13
'settling in New Orleans. He began his'
' rel uions studies in 1854. He was
first imonlnteil assistant oastor of St.
Patrick's church, Baltimore. He
was made Cardinal following the
death of Cardinal MoCloskcy of New
York in 1SS6.
CAT!
URCH
LOSES
YOUNGEST CABINET HOSTESS
i A
j j . . , -, : ';;)
M!m .Mlsa
The vounxest of the new cabinet
years old and will not only be a cabinet
"l-.. v.... fii t . .
.. ...-M.UB...I., um uti ua uutaess ior
of the irecsury.
IS
NAMED 111 LIBEL SUIT
Institution is for Soldiers:
Actor Said it Was Dirty,
Cheerless and Poorly Kept.
PORTLAND, March 24. (IT. P
W.ll Cressy. a vaudeville star, Is being
sued for $20,000 damages by the
Pierce sanitarium, an Institution for
soldiers. Cressy is alleged to haVe
"maliciously falsified" in a recent
speech when he said' the institution
was "dirty and cheerless and was
kept no belter than many poorhous
es." The complaint also charges Cres
sy with the statement: "I asked one
of the boys what they did for amuse
ment at the sanilarium. He said:
Mr. Cressy, there isn't anything to do
here but sit around and wait to die,
and watch other boys die before you
do'."
Cressy came to Portland on the Or
pheum circuit. The papers were serv
ed last night as the actor boarded the
Sar. Franciseo train. "
11
An increase ill the price
of bot h
March and May wheat Is apparent to
day, March wheat closing at $1.5.1 and
-May at $1.41 3-4. Yesterday March
closed at $1.50 5-8 and May at $1.41
1-4. Following are Hie quotations
J from Oveibeck A Cooke Co.:
heat. i
Open. High. Low. Close.
March 1.50 1.53 1.49 1.5J
May 1.411'i 1.43 t 1.39H 1.41?4
Wheat A lire holiday market dom
inated by the pi eponderance of ex
port orders rather than influential
news. An encouraging feature to
holders was the absorpt on power not
ed on all breaks. Spot premiums in
Chicago were slishtly lower, while
other markets reported firmness with
an improve ment in milling demand.
.Minneapolis miners ere saio io
at in ei.i uiu.tiMK ivi ' n . in 'ir
southwest and the former reported
that Canad.an wheat there was se
as much as 40 cents over their
i...,-.... ...... j
placed at 500,ftii buaiiels gulf wheal j
and it was intimated that Germany j
would be 111 the market for an addi-j
lional two million bushels at slightly)
lower prices. It would not be sur- j
prising to see an improved domestic j poHTLAN'T, March 24; (A. P.1
flour demand in the very pear future, j,,, Jllrv lnln r,-, -,.rman Bouchet
With continued buying for export ac-, glliitv of manslaughter for shootina
count would no doubt stimulate influ-! nU s',vmhe:rt Kuth V. Kichurds, but
ence on the future market. recommended leniency.
MflT I AV W rpPQ un-rv"'
nil I Lnl I ML Luu J:h',n,'s"f.itu'-,irv' i bouc
WASHINGTON. March 24. (A. P.)
The hen that did the cackling may
not have lo'd the egor, government;
I farm experts assert. They advise farm- !
!i rs to use tray nests in order to pin the
cackler down to facts in the way of
egg!'.
By holding n hen on the nest until
released, the announcement said, H
was possible to keep tab on the good
layers, regardless of the fuss raised by
some hens on false pretenses.
Mellon
hmtMu. ta nrin At;u. fu..n Kho In 1
debutante during the first season
. ... . ....
ner lamer, Andrew .Mellon, secretary
Property Owners Want Help
In Meeting Charges for
Providing Drainage - Line
!
'-.'hompson street property owners
,,jc nc,j want to hear the entire cost of
lhe twfnce drainage system that will
I i)e re(iuired to ca'rrv off the Thompson
street watir when the street is paved.
Last evening a delegation, including i
N. Berkeley. Mrs. J. JL Cook and Mrs.
L. B. Ranis.leil appeared before the
council to make their protest known.
Tne .piestion was taken under advise
ment by the council and In consider
ing the subject the council will act ss
a committee of the whole. It is point
ed out by officials that the precedent
n such cases is for the property own-
Iw by oniiprs o" Main
when that street was paved.
No Ix-tral uhiectlons.
fly Attorney Harold Warner re
loitfil on the question of renaminsr
the local streets, saying that no legal
objections exist w hy the stree's should
nr, be renamed if found expedient to
no
Paving bonds to the amount of I
Ji.': for four small paving districts
on the north side were considered at
the meeting last evening. The pav
i.iir vni any is to take the bijids.
T:ie i.ty surveyor was ordered to
const r net by force account a proposed
eten!;;in of the Arc street sewer later
r.. WASHINGTON. March 24. 'A. P.l
Income and profit tax collection
tor the March lFth installment is esti
mated at $675,000,000. On this basis
the total revenue from this source for
the year ending June 30th. would ag
gregate $3,0;i,),',00,000. This is fully
to ,he treasury expectations.
B1YF1SV011
Was kiSiiI In Struggle
PORTLAND, March 24. tlT. P.I
The fate of Dr. Norman Bouchi t. who
is nec'ised of the murder of his sweet-
is in the
chet who is
an Invalid and nariiiy more man a
bey, rbi-nis tv iiTtempted suicide and
the girl seized the gun and in the
j struggle she w as killed.
PKOtTCIt P.HtNGS Kl'IT.
i CHICAGO, March 24. (L. P.l
I William Cooper Pro-tor has brought
l?nit to recover $1 10,000 alleged to hava
been advanced for General Leonard
Wood's futHe fight for tne presidency,
The suit is filed against A. A. Sprague
of Chicago, treasurer of the Wood
campaign committee.
U. S.
REQUESTS
RETURN OF RICH
DRAFT EVADER
I..
Secretary of War Weeks and
Secretary of State1 Hughes
Will Hold Conferences.
WAR DEPARTMENT WILL
INSIST ON HIS RETURN
Campaign is Launched to Catch
Draft Dodgers; Cannot Let
Him Go . Unchallenged.
WASHINGTON, March 24. (A. I
Bradford. U. P. Staff Correspondent.)
Secretary of War Weeks sent Secre
tary of State Hughes all the paper In
the Oise of Grover Cleveland BergdoII
aith the request that Week be ad
vised what further action he was to
take. Week asked the state depart-
ment to consider the situation from
an international standpoint and tell
him what should be done to ecur -the
surrender of BergdoII and the re
lease of the two Americana who re-
in!centl attempted to capture the mil
lllf.nf.irA flrnft HnrtEtf-r. Th a fact tha
lionaire draft dodger. The fact that
this had Ittn asked of (Hmt ny waa ,
learned and announced by the United
Press exclusively yesterday. . Weeka
snd Hughes are to hold several con
ferences within the next few day to
make effectual the demand of the
United States that Germany aurrender
ergdoil and release the men impris
oned for trying to capture him. It
.as learned from high officials today
that the war department will leave
"no stone unturned" to secure Berg
('.i 11. It was pointed out that a cam.
paign to catch 100.000 draft evader
was Just being launched and authori
ties cannot afford to let toe defiance
of a rich man go unchallenged while
ai'r( heading those of lesser means.
The lelief prevailed that Germany fi
nal'y wjll enrrender BergdoII, but th
f trilii government is hesitating be
en use of the popular outcry that would
follow. ,
ABRAMS DENIES te
CONSULTED REGARDING
RGE
; Reports Were He Would With
His Oscillophore Determine
Paternity of Guy Stillman.
. SAN FRANCISCO, March 24. (XT.
P.) A dental that he had been con
suited by the litigants in the Stillman
I divorce controversy was made by Dr.
Albert B. Abrams to the United Press.
The statement was in answer to reports
from the east that Dr. Abrams had
been brought into the case and would,
by means of his oscillophore, deter
mine the paternity of Guy Stillman.
Abrams did not deny the case had
been called to his attention by his east
ern representative. Dr. Sigma n Heifer.
I.cgitinuicy Could lie Proved. . -SAN
FHANCISCO. March 24. (V.
P.) The question of the .Stlllman's
baby's legitimacy could be determtnoit
by "electric -vibrations of Abrams".
when put to the test in oscillophore,
beyond the possibility of a doubt, de
dared Dr. Abrams. All that Is neces
sary would be to have a minute por
tion of the child's blood submitted,
he said. . Stillman charges that Fred
Beauvais. said to have Indian blood,
is the father of baby Guy.
Hi-o-Jvi-s Letters From iuiile.
NKW YORK. March 24. (U. P.)
One of the three affidavits filed In the
first open hearing of tho Stillman di
vorce scandal at White Plains yester-
jday contained copies of five letters
(Mrs. "Fill" Potter Stillman Is alleged
!to have received from Fred Beauvais,
!a French-Canadian cuide. whom
James A. Stillman charges Is the fath.
er of Mrs. Stillman's two year old son,
Guy, was learned authoritatively to
day. These letters, it is said, refer
to "our child" and the "Joys of fur
enthood." t-
IVATE'
W.VSHINGTON, March 24. (A P.J
--lho snappy "buck private'' with vi
sions of outshining his comrades on
Kaster by the use of non-regulation
touches around his attire, today receiv
ed the news that Secretary Weeks had
issured an order placing ban on all
non-regulation clothing.
In Februury, lll, a war depart
ment order was' Issued permitting the
wearing of certain uniform articles
procured during the war emergency.
Today's order rescinded that ruling.