Image provided by: University of Oregon Libraries; Eugene, OR
About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Jan. 13, 1920)
WEATHER FORECAST Oregon: Tonight, and Wed nesday fair, continued cold, light southerly winds. Minimum, 21. , Maximum, 31. nRTY'THIRD YEAR. NO. 11. Cap iral Ipflf lit iStaiaiBM t? . CIRCULATION 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. EIGHT PAGES. 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 SENATE PASSES RESOLUTIONS TO CLOSE SATURDAY 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 passed. 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 Its, authors. Senate bill No. 1 authorizing an In crease in the number of bank coun ties was passed with four adverse votes. Thi three compensation bills pass ed by the house were referred to the committee on judiciary. Rivalry Over j Author shib of Suffrage Bill Bleaks Today 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 adopted. 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 committee u. 0. P. LEADERS ENLISTING AID OF WOMEN IN WEST OLD ROGUE RIVER FISH EIGHT BOBS tflEOWBS BOARD ORDER UP BEFORE HOUSE Operators Willing To Accept Settlement Terms Of Com mission With Exception Of . Price Regulation. ALLEGED ASSASSINS 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. WI 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 might make. 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 DEMPSEY SCORED BY INDEPENDENT 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 LONG DISPUTE OBLEM ENDS TH DECISION' Demurrer Of Attorney General To Mandamus Procee&Bgs Of Jachon County District Attorney Sustained By Jus tices, Four Concurring; Harris. Benson And Burnett File Dissenting Opinions. - 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. Resolution Tabled 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 chairman said. 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 '"Miion. 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 America. 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 commission. 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 WILSONFOR FRIDAY Washington, Jnn. 13. First meeting FINlEY REFUSES TO CONSIDER SPECIAL MADE-tO-ORDER 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 1 LEAGUE CONVENES COMPLETION WHEN 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 elected. 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 the low. "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 fiStlm... .- w . Jr.. ? authorized to Intro . "r lhis Purpose. Other acout 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 aernu- ,,.-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 Madrid. 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. clal information. 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 draft cral, Georgia. 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." 'KlMH-innker Clubs." 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 lecture tour. PIONEER MATRON 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 nia. c-rgamseuon, " - I tail In .Innimrv. 1935 Bl. .....,. Mags. years America. 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 Sunday night.