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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Jan. 13, 1920)
Oregon: Tonight, and Wed
nesday fair, continued cold,
light southerly winds.
Minimum, 21. ,
nRTY'THIRD YEAR. NO. 11.
Ipflf lit iStaiaiBM t? .
Average for Quarter Ending
December 31, 11
54 5 8
Member Audit Jureau of Circulation
Associated Press Full Leased Wire
SALEM, OREGON, TUESDAY, JAoNUARY 13, 1920.
PRICE 2 CENTS.
- m nHHI W
SUPREME COURT HOLDS OLCOTT TO. It ILL j
FULL UNEXPIRED TERM OF WITHYCOMBE
Legislature Rushes Business
In Hopes of Early Adjournment
The senate today voted In favor of
auiourning Saturday by passing res-
!tionS 1. 2 and 3, which were sent
to the house for concurrence.
joint resolution No. 4 by Baldwin,
to amend article 11 of state constitu
tion concerning county Indebtedness
yas referred to committee on coun-
"loint memorial 2 by Smith of Coos
to congress in behalf of the Roose
velt highway was unanimously pass
ed after suspension of rules.
Senate resolution No. 6 by Bell,
providing for a mail clerk at $5 per
day was passed unanimously and
Hnry W. Moore appointed.
Resolution No. 8 authorizing the
employment of an attorney at $10
a day as chief clerk of the commit
tees on resolutions and judiciary was
Senator Pierce resumed his battle
for an income tax for the construc
ts of highways in a measure in
which Orton shared authorship, sub
nutting 'the same to ' referendum.
The measure was referred to the com
mittee on taxation, over protest of
Senate bill No. 1 authorizing an In
crease in the number of bank coun
ties was passed with four adverse
Thi three compensation bills pass
ed by the house were referred to the
committee on judiciary.
Rivalry Over j
Author shib of
The Intense rivalry between Sena
tor Farrell and Mrs. Thompson over
the authorship of the equal suffrage
"ratification resolution broke out into
open flame in the house this morning
when Ben Sheldon, as chairman of
the resolutions committee, sent a re
port to the desk recommending that
Mrs. Thompson's name be . added to
that of Senator Farrell on the senate
joint resolution, introduced by the
senator5, and the senate resolution
This at once brought a storm of
protest. Sheldon said that Mrs.
Thompson had agreed to the plan,
and Mrs. Thompson said she had
done no such thing. Kubli charged
Sheldon with having sent the report
to 'the desk without having called a
meeting of the committee.
House Orders Action
Mrs. Thompson wanted to know
what had happened to her resolution
in the senate, and when told that it
was still in the hands of the senate
u. 0. P. LEADERS
ENLISTING AID OF
WOMEN IN WEST
OLD ROGUE RIVER
FISH EIGHT BOBS
UP BEFORE HOUSE
Operators Willing To Accept
Settlement Terms Of Com
mission With Exception Of
. Price Regulation.
Of AMERICANS HELD
Mexico City, Monday, Jan. 12.
Three persons alleged to be the assas
sins of Earl Boles and F. J. Roney,
American oil men killed near Fort
Lobos early this month have been ar
rested, according to a report from Col.
Carlor S. Oroico, chief of operations
in the Tampico district. Others Impli
cated in the tragedy, he reported, will
be apprehended shortly.
Tho report says the American consul
at Tampico has expressed satisfaction
at tho efforts of tht federal forces to
punish offenders there.
The house got Into action right af
ter ten o'clock this morning by intro
ducing six bills, reading them twice
and sending them to committees and
then starting on the work of passing
those which had been Introduced dur
ing the first day.
The Rogue river fish fight made its
promised appearance in the house In
a bill introduced by Sheldon, Sidler,
Westerlund and Gore, the purpose of
which is to repeal present laws on
the subject and to absolutely prohibit
the use of seines and set nets on that
river or its tributaries.
The creation of the twenty first ju
dicial district, to consist of Wallowa
county, is provided for in a bill in
troduced by Buruaugh. The measure
also provides for the appointment of
a circuit Judge to preside over the
district, the election of his successor.
The committee on labor and Indus-
again contended that she tries introduced a bill dealing with
did not approve the plan of joint au-1 the provision of safety appliances and
thorship. j a safe place to work by all employers
and providing me macninery neuoo
sary to enforce the provisions of the
Washington, Jan. 13. Mine oper
ators in the central competitive field
today told the commission named to
settle the bituminous coal strike that
they would accept with a single res
ervation any award the commission
The operators said they would not
be a party to the fixing of coal prices
beyond the period of effectiveness of
the Lever law, the war time measure
under which the government nas con
trolled food and . fuel prices. Ralp'.i
Crews, counsel for the central oper
ators, explained that without making
POSTS OF LEGION
Indianapolis, Ind., Jan. 13. Various
posts of the American Legion are act
ing Independently or tne national or-
..niiinn In nrtn H A mil 1 n Bf Jack DemD-
this reservation, the operators could gey ntttvywelght boxing champion, on
rot legaiiy join any pnue MS"" his war record, according to Informa-
ment. He aiso saia . tne uperaior. t,on QUt here todayi
would not mane ,wieir auceiiiauuo wi
Demurrer Of Attorney General To Mandamus Procee&Bgs
Of Jachon County District Attorney Sustained By Jus
tices, Four Concurring; Harris. Benson And Burnett File
Ben W. Olcott is governor of the state of Oregonfor
the full unexpired term of the late Governor Withycombe.
tv, tori miPRtinn nf Olcott's status as governor is def
initely determined in an opinion handed down by the Ore
gon supreme court this morning in which the demurrer
filed bv Attorney General Brown to the mandamus pro-
1UCU UJ ivwivj , . jji.i.-i.
ceeding instituted Dy u. m. Kooens, uibuu
Jackson county, is sustained and the mandamus proceed-
in e is dismissed.
Justice Johns writes the predomi-
The house, supporting her by rea
son, aside Irom that or cmvairy, oi us
desire to father the resolution finally
adopted, ordered the resolution re
referred to the resolutions committee,
and instructed Sheldon to call a meet
ing before he brought the resolution
out of committee again.
Following the adjournment of the
house the resolutions committee held
a meeting at which Senator Farrell
and Mrs. Thompson appeared, each
urging their own claims to recognition
as the author of the joint resolution.
Mrs. Thompson contended that she
had made no agreement to join in tho
senate resolution, while Senator Far
rell contended that she had done so.
The members of the committee kid
ded- Mrs. Thompson, arguing that
since she had deserted the democratic
party and joined the republican, they
would stand behind her and her reso
lutions. Mrs. Thompson retorted that
she was done "with Os West, Dr.
Morrow and all that bunch."
The committee finally voted to lay
tho senate resolution on the table
law should it be enacted.
Having introduced these bills the
house took up the consideration of
esterday's bills on final passage, pass
ing the three compensation bills in
troduced at the governor's request.
The house this morning introduced
the following bills which were read
twice and referred to committee
House bill number one, providing
fnr tho reneal of the provisions or
the industrial commission act requlr
ing that four hundred thousand dol
lars be set aside from the industrial
accident fund and empowering it to
construct and maintain an industrial
and reconstruction hospital was pass
ed without a dissenting vote.
It also passed house bill two with
out dissent. This is the measure suo
mlttnd bv the committee of fifteen
appointed by the governor to increase
the accident and sick benefit provis
ions of the industrial compensation
laws' as recommended by the govern
or In his call for the special session.
House bill three, providing for- the
fcan Francisco, Jan. 13. Republi
cs from Oregon, Washington, Cali
fornia, Nevada. Idaho and Arizona
kre to meet Will H. Hays, national
chairman of the party, spent today ex
changing ideas for organization in the
seat. One prime purpose of his visit,
according to Hays, was to obtain the
best Plans for organizing women voters-
Ideas developed in the west,
vhere equal suffrage has been in ef-
ot for 'e-"'s- will be used in the east
s opportunity offers, the national
State delegations had heart to oeart
V'lk8 toda' with Chairman Hays, Miss
ary Garret Hay, chairman of the
executive committee of the women's
dmon ,0f 1. republicans; Mrs.
h South aml others ln the Party.
i nomms here its third reglon-
inference. Chicago and Denver
f I , nave been visited in similar
The finai public function for the
'ting republicans will be held to
.nt when a banquet will be given
"V'W at the Palace hotel. Hays will
rll' ,"morrt- "ight, it was said, for
"'. Before his departure it is ex-
Hnnli ! WiU nialte DublIc the ler
!.,..: a ct"nuttee of about sixty
xnoT ' men anJ women to be
ni .i M. . th con,'n"tee on policies
- r.L,orm or the republican na
rT0,LCm",il!e- Thls y i make
c-ir, - lon" to the resolutions
1 ,k at ,no natio"l convention.
f"r,l i " is P'cted. a plat
thTL .Pniwmms ,h b8t thought of
rty can be drafted.
pending action by the senate on the creation ot a rehabilitation fund oi
house resolution, now in the hands one hundred thousand del ars, was
of the senate resolutions committee, also passed. This bill provides tha.
and Senator Farrell left the meeting j me state treasurer .mu ' "
in more or less of a huff. amount or money irom w.e
.!.. . i v,o o-roat crams accident luna to me nei.r ..icmc-
of nartlsan advantage which is ex-
the commission's award contingent
upon the preparation of answers to a
series of questions which the opera
tors yesterday asked the commission,
Settlement Is Final
In accepting the commission's au
thorization, the operators, Mr. Crews
said, understood that the commis
sion's award should "of Itself con
stltute a final contract between the
miners and operators for the period
of time fixed by the commission.'
President Koblnson reminded him
that PrMidenL.Wilson's letter creat
ing the the commfsklon authorized It
only to make an award which might
be used as a "basis for a wage con
tract." He asked , if the operators
would not modify the language ln
their acceptance accordingly and Mr.
Crews finally agreed that the com
mission should determine that point
"The mine workers understand that
the award shall be a basis of a new
agreement, and not of Itself an agree
ment," said John L. Lewis, acting
president of the mine workers,
"I trust the record is not being
made here which can be used subse
qucntly as a basis for a refusal by the
operators to write into a wage agree
ment the commission a award.'
Strikers lU'iiew Demands
President Koblnson said Mr. Crews'
stipulation that the commission
should have power to determine what
the procedure should be, had cleared
up this point
Fort Wayne, Ind., Jan. 13. Con
demning Jack Dempsey as an unfit
representative of American athletics,
the Fort Wayne post of the American
Laden unanimously passed a resolu
tion declaring opposition to his de
fendint the championship title for
The resolution Is the result of recent
agitation agalnBt Dempsey for his war
record due to the fact that nis service
during the war was confined to work
In the shipyards.
Cleveland, O., Jan, 18. -Condemna
tion of the war record of Jack Demp
sey, world's champion heavyweight,
was voiced a resolution unanimously
adopted by the MeuBe-Rhlne Post of
the American Legion. The resolution
contains an annreclatlon of the war
record of Cleorges Carpentler.
natlng opinion with Chief Justice Mo-
Brlde and Justices Hoan and Bennett
concurring, the latter writing a special
cnncuiring opinion. Justice Harris
dissents from he predominating opin
ion, with Justices llonson and uurneti
concurring, the latter In a special opin
ion. Olcott IIolils Full Term.
The opinion of the supreme court to
day which will be the law of the state
rtlatlve to the succession of a secretary
nt atata to the governorship henceforth
until overturned by another opinion ol
pected to accrue from the authorship
of the ratification resolution is now
up to the senate resolutions commit
ee, and the senate.
MIDDLE WEST SWEPT
BY MYSTERIOUS NEW
DISEASE; FEW DIE
fund to be used by the commission
for the vocational rehabilitation of
inlured workmen, under sych rules
and regulations as may be fixedby
The house adjourned until three
o'clock this afternoon with its desks
clear of business, in order to give Its
committees time to work.
FIRST MEETING OF -
LEAGUE CALLED BY
Washington, Jnn. 13. First meeting
FINlEY REFUSES TO
Pt-rtiar.d, Or., Jan. 13. William U
Flnicv. former state biologist, ll
the same tribunal was brought about ourtln( , rtolpitlltoa the present pu-
v mtv. Mo.. Jan. 13. Whether
a mvsterlous intestinal malady which
has appeared in Kansas and Oklahoma
exists in other communities of the
southwest was a matter for much spec
ulation here today. Meantime, offi
cials v.tre making efforts to identify
the disease and employ means for
checking its spread.
Topt-ka, Kan., and Muskogee. Okla..
aonarei tlv are the worst sufferers. At
Topetra, advices here say, 200 cases
have been reported and unotnciai esu
nn ninori ihf number at 1000.
Man? school children are among those jactipn
ill there. At Muskogee, it Is sain,
there are about 300 cases. No fatalities
were known to have occurred at either
and the death list from tne mai
NO HOPE OF TREATY
Miners representatives put before of the council or mo league m ""
the commission their full demands as will be hem in rans rnuuy ik-kiiium.k
originally made and re fused at 10:30 o'clock In the morning. The
by the operators before the calling call which went oui laie yesienmy
ofj the coal strike last November, issued in accordance wnn uib ktimb oi
Acting President Lewis recited ae- the crsuiiies treaty ny n .-mucin ..
mands for an increase of 60 per cent son, whom the treaty makers deslg
in wages, the six hour work day and nated for that duty. It went to the
five day week, for the abolition or ambassadors oi me imi. umi.
double shifts and for the considera- which have ratified the treaty and wtn
tion by districts of internal differ- not If made public until u nag wen
ences and defended each of them. received from them by their govern-
The efficiency and health of mine Intents.
workers, he declared, required short- The most Important business to come
er hours, and he added that the mln- berore tne iniuai KmiM-mi ui mo c-u,.
ers would ejideavor to show the com- cil will be that of setting up the varl-
misslon that the average bituminous cus commissions upon which will de-
coai mine did not work more than volve the task of carrying out certain
thirty hours a week ln any case. 1 provisions or tne treaty.
by a mandamus action Instituted by
Itobei ts,. apparently In an attempt to
compel the secretary of slate to Include
the office of governor in tho certifica
tion of officers to be nominated at tne
forthcoming primary election but real
ly In an attempt to bring forth a defi
nite (VclHlon on the Issue which Involv
ed the ei.ure of office of a secretary of
suite vho succecdH to the governorship!
through tho death or removal of the
Incuinlent. Attorney (leneral Drown
filed a demurrer to the mandamus pro
ccedliitis alleging that it did not state
sufficient cause for action.
In sustaining this demurrer the
court has spoken and by a four to three
opinion held that a secretary ot siate
who succeeds to the governorship Is a
Koveuioi in fact' to serve for tho full
unexpired term of his predecessor.
Opinion of Court. -
"It Is significant that since the ren
dition of the decision In Chadwli-k vs,
Karhail without an exception the Bn-
mitators of the code, W. Lair Hill, C.
ii. Jiclllngcr, W. W. Cotton and W. P.
Lord, till men of the highest type In
their profession, have construed the
decision to mean that now, under the
exlHlim; facts, Mf. Oleutt should hold
the office of governor for the remaind
er of the late Governor Wlthyconibe's
unexpired term," declares Justice
Johns in his opinion. "Huch annota
tions will be found under section 8 of
article 6 of the constitution In every
code compiled and published since the
Washington, Jan. 13. Possibility
of final senate action on the peace
treaty by January 16, when the league
of nations council will assemble in
Paris, vanished today, according to
republican and democratic leaders.
Not before next week, spokesmen of
both the parties predicted, was any
nrobable. Democrats ueciareu
they would be satisfied If ratification
was effected this month.
ii-Kii. nopotiiitlons toward adjust
ment of differences over reservations
' : . : . i....iui!ime democrais were uin:
little Oklahoma town m " .... .
noticed. The situation at Skiatook is
HER WAY HALTED
1jJtTV..JJa- 13 Steps were taken by
-o ot ir '2'lay ,a '" he construe-
ru.ir . "ranaughtt of the
h .. ",."".""" ,,own Just before
" but never p,m.i,.j i-,
said to be under control.
State health department Inspectors
sent to Skiatook to investigate were ex
reced to furnish information today
fer action until after the caucus Thurs
day when a minority leader will be
Conferences in the compromise ne
gotiations of the democrats today cen
tered about a new reservation affect-
PROPOSAL OF FISH AND
GAME BILL EXPECTED
TO PRECIPITATE FIGHT
tisjoi-sv ever fish and gams m.utr
states thnl under no olrcumsta'ices lll
hu re-en;or stats employ, ,il:hr a
gnn.o warden or biologist, even If such
an opening was offered, or created for
him by the legislature, "ays Mr Hn-ley
I served four years stale r.Kin
warden and resigned In 1818 beeaus
I dlci not like police work. I havs never
beer, a candidate for this position, am
not now ,and want It thoroughly under
stood that under no clreumsliinrwsi
would I accept this position If It were
offered mo. If my services ars or any
value, they are along sclentlflo anil
cdm ot!onul lines entirely, and not as
police officer in the enforcement of
"I noticed In tho press a few day
ago an article to the effect that a bill
might be Introduced at tills special ses
sion of the legislature creating a sps--lul
position for me, separata from thi
fish and mimo commission.. I should
like to nsk the members of tha legisla
ture and my friends not to wuste t!in
In illtn UHNlng such u measure, as I ahull
not accept nny position which la espe
cially created by the legislature..
"The office of state biologist, which
I held from 10 1 S to January 1, lxt.
was u position under ths fish and gams
comn Isslon. There are good reason)
why no change should be made In the
present wording of the law under
which I aerved as state biologist. The
new fish and game commission should
rendition of that decision, which fori,,,,. , compelled to continue educu.-
thlrty-live years has not been disturb-1 lioll(ll unii ,elun ttf lc work unless they
ed, laeet fit."
pii. pic Hebx-ted Oleott. Mr and Mrs. Flrwiley expect to leave
It Is vigorously contended that thtorlly tor the east on an extended
w . Jr.. ? authorized to Intro
. "r lhis Purpose. Other
that the malady is a torra ei uj.. , . . , of the easue covenant
classifying the epidemic. Tests a ! ,i Uy Senator Gore, democrat,
I heme made at the Oklahoma! drafted by aior
ator Simmons, aeniocrai, .io
Hna- The former was aunmmea iu
mild reservation" republicans and
disrused also with other republican
-.era. but without definite results.
Senator Simmons' draft was said to
. . .....h ki manv democrats and
Irt- IdtOI." J -
. lh. McKeuar-n.enuri-
a the subject of further confer-
today between Republican
,,.-t.i flmornpr hOSOital.
Kon.e nhvsicians express the belief.
that the maladv I sa form of dysentery,
while others were of the opinion it is
a gastric form of influenza.
.SPANISH RKDS ARREST
Jan. 1 3 Many C rs.nbrts j
ihorixed will direct that! wer? arrested here yesterday fo.lou
r-rii-.. . ... r .
iri.. - uc v. . . . ir , . . . v . -.-. . .- - .,
of a i-lot to term-. . eenaljr
S,, ! 1 laid aown aaring
hortaed the finane.
,;"tr th.TU,C th hbr
ur the budget of 1IJ0.
Three persons out of every four In
New York City were born unCer alien
Rumblings of the storm that por
tends over the Norblad-Handley-Bean
bill creating a state fish and game
commission of nine members, when
that document eventually makes Us
forma I appearance In public were
heard Monday afternoon in the course
of a discussion of the proposed bill In
joint session of the fisheries and gam
committees of the senate.
The sportsmen or Oregon are unai-
rablv ot)to.ed to any sort of a aouoie
Jointed concoction such as provided for
n the Norbla'i-lianaiey-uean uiu. ac
cording to Senator Thomas of Jackson
rauntv. sDokesman of the aportamen in
the sti.ate. Nothing nut a complete
divorcement of the gajfte and commer
cial fifhlne interests of Ihe state will
h orrputabie insists Thomas, who
atates that he is ready to go to the mat
on the queatlon Neither ars the sports
men sgreeubie to the provision wnere
by the members of the new commission
would be elected by tha legislature.
Thomas d-claren. Insisting that the ap
pointive power be left In the hands of
the gcvernor and that responsibility
for the acts of the commiwuon or com
missions be centered in the state s executive
Aztecs built irrigauen -s - " ; , ;":""..,,
Clnrnbui aiscovereu A Ii 11 cwil ' -
UOnS OI ViOveriiwr iiitui,,,. w
separate commissions, I expected to
make its appearance today, promtuiy
sponsored by Henator Thomas.
Senttor Norblad took issue wun
Thon.as' statement to tne errect tnut
'the sportsmen of the state are opposed
to the present commission, aeciuring
that his Information Indicated that
fully 75 per cent of the sportsmen of
Oregon were well satisfied wltn pres
ent rraneemenls snd that no a mern
ber of the commercial fishing Inter
ests had ever expressed any dlwuit.s-
fjrtion with the present commission
A communication from the lloon
River County Game Protective associa
tion endorsing the proposed reorgan
ization of the commission was presum
ed In Kenator Nlckelsen. The aso-c-latlon
expressed tha hope that the
members of the present commission
"who work we heartily endorse, be
retained on the new commission."
President A. K. ixjwns of the Oregon
tiportsmen's league, hastily arose to
expl ur. that the Hood River organlxa-
tion was not affiliated wltn tne state
aswtUtlon, ln fact that the Hood River
people should have an opportunity of
choosing their own governor. In the
instant case they have had and exer
cised that right, l.'nder the express pro
visions of the constitution, when tha i
elected Mr. Withycombe governor snd(
Mr. olcott secretary or state, iney
elected Mr. Olcott to become governor
upon the death of Governor Withy
coinbe. and every voter who cast his
ballot for Mr. Olcott as secretary of
state legally knew that upon ths death
of Governor Withycombe the duties of
his office would devolve upon the ses-
retury o state. There Is no such pro
vision In the constitution as to any
other state office. Heetlon 1 of arti
cle J j rovldes that In the event of the
deth or resignation of ths Incumbents,
all ether offices shall be filled by ap
pointment by the governor. Further,
there is no provision In either statutes
or constitution for an election to flu
and unexpired erm of the office of gov
ernor. Huch a proceeding would have
to r read into the constitution, woui'i
he lased upon implied construction
only, and would overrule the precedent
of Chadwlck vs. Karhart."
Term Is Four Years.
't'nder sections 1 and 7 of article I
of the organic law the term for which
governor Is elected Is absolutely fixed
at four years and there Is no provision
m either the statutes or constitution
for the election of a governor for any
oorticfi of an unexpired term. Hence,
under the constitution. If a governor
should be elected at the next general
election, he would hold office not only
for fhf remainder of the unexpired
iterm tf the late Governor Withycombe.
but foi a full four year period from
IS CALLED BY DEATH
Mrs Rufua Thompson, mother of Dr.
I'red Thompson of this city, died at
her home in Albuny at 7 o'clock Sun
day iiioinlng. The funeral was held
at Albany Tuesday afternoon and we
attended by Dr. Thompson. Death wa
the risult of an attack of pneumonia.
For many years Mrs Thompson re
sided In Halem and has many friends
here, bhe was the wlte or itev. uuiue
Thompson, an Oregon pioneer, woo
died five years ago. Mrs. mompsm
was tho daughter of the late He. R. C.
f till ,an early settler in Unn county
and picmlet Baptist missionary. Bha
was the mother of W. tilr Thompson,
but now a resident of California; a fa
formerly president of the Oregon state
r.-nate; a sister of the late Dr. J.
Hill of Albany end aunt of Gule H
I'.tll. present district ulorney of IJnn
county. Hhe was also a slater of W.
Ijilr hill, one lime editor of the Ore-
igonlan, but now a resident of Califor
c-rgamseuon, " - I tail In .Innimrv. 1935
men s ciub at The iMllea and one
iUntlan- were generally known asj
(Coatianed on pajfe aix)
'V.'hlle the line of succession re-
(xia a uo pnujuo3
VIM.ISTAH EX E(XTEO
Agua Prieta, Bonora, Mexico, Jam
13 Word reaching nre thla morn
ing through military channels stated
that 13 members of a roaming Vlll
band were executed by General Ed
uardo (Jonxalea south of Urea on