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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (March 1, 1920)
Orvcon: Tornifct and Tuesday tair;
-light northerly winds.
Ami! (or Quarter Ending
December Jl, 11
54 5 8
. Member Audit Bureau of CireoUtios.
Associated Prow Fall Leased WIr
""FORTY-THIRD YEAR. NO. 52.
SALEM, OREGON, MONDAY, MARCH 1, 1920.
PRICE 2 CENTS.
STEEL COMBINE SANCTIONED BY COURT
! . ir-- M II l it II II t III
Oirtcl Invasion Upon Juris-
icfioo and Powers by Fed
eral Government Charged
in Rhode Island
Washington. Mar. 1. The eigh
teenth amendment "is a direct Inva
sion of jurisdiction and powers of the
tUte and the rights of Its people" the
atate of Rhode Island declares In Its
brief filed in the United States su
preme court today in reply to the
tovernment's motion for the dismis
sal of Its action to obtain injunctive
relief from the amendment.
The brief, filed by Attorney Gener
al Herbert A. Rice of Rhode Island,
asserts that the government's view-
that the amendment is unassailbble,
an "only lead to anarchy and op
pression." It contends that it is the
court's duty to keep congress In its
amendments to the constitution 'with
in the scoue and jurisdiction of feder
al authority" and "maintain that line
of division between federal and state
powers" which has "for so many
years Insured the harmonious opera
tion of our dual system of govern
ment ordained and established as
The theory of the government "Is
so subversive of fundamental princi
ples that Its acceptance would bring
about a constitutional revolution, con
tlnues the brief.
"It would convert the sovereignty of
officials. It would endanger civil lib
erty and those innumerably rights
that have Inherited from the common
law since the time of Magna Charta.
I'uder Us application the boundary
between federal and state authority
could be shifted at will. In fact, all
power might be absorbed by the fed
The brief declares that article 6 ot
the constitution relating to amend
ments only provides for the "correc
tion of errors committed In framing
the pnnRtltnHnn "
Unconstitutional, Clinreo -
The proposal of the eighteenth
amendment "to the state," the brief
asserts, Is unconstitutional "and Is a
(evolutionary proceeding." Heretofore
it declares, congress has proposed
amendment "to the legislatures of the
"The different course which was
pursued in this Instance was adopted
understandingly and with a purpose"
continues the brief. "It was necessary
to depart from the practice which
had always heretofore obtained, In
order to carry out the new constitu
tional doctrine that the word amend
ment in article V Includes proposals
covering the whole field of absolute
envereignty. In the proposal of the so
railed amendment, neither a power
nor a subject matter within the scop
f the federal constitution was dealt
with- On the contrary, the power in
volved resided In the sovereign people
f the respective states and in them
fore, In order to obtain a surrender
of such power, to propose the so call
ed" amendment to those who possess
Congress Is Scored
"Recognizing the necessity, con
fess male the proposal of the so call
ed amendment to the respective
states, that Is, to the sovereign peo
ple of the respective states.
"The entire procedure is revolution
y and without constitutional sanc
tion. "It surpasses all understanding that
"'"(tress while submitting the proposal
the states' declares that their leg
islatures shall bind them. When, prav.
'iid congress become the dictator over
verelgn people of a state with re
l to their sovereign powers? Sov
"eignty resides in the people and they
"one may express sovereign will."
Upenhawn. Mar. 1. -Poland Is de
nundlng 31.500.000.000 marks in gohl
indemnity from soviet Russia In the
i we negotiation, going forward, the
National THrende learns.
WHO KNEW HOOVER?
. . During the period" 1883 to 1891, Herbert Hoover spent
his boyhood in Salem and Newberg. When he first came
to Oregon, he was about nine years of age and the greater
Portion of the eight years of Hoover's Oregon residence was
spent in this city. .
TT The Capital Journal will publish reminiscences of
Hoover's boyhood, submitted by Journal readers. Those
who remember him as a young man and as a boy, are myit
d to furnish the Journal with any interesting biographical
bits of general interest. ... , .
t. Undoubtedly, the boyhood of this man, who is now in
the foremost ranks of internationally known personages,
as replete with character indications which should be made
Public, not for purposes of partisanship or propaganda, but
from the viewpoint of specific interest. ,
. The older residents of the city who came into contact
ilh Hoover are invited to take part in this work. Articles
!iay be submitted in the writer's own style, or if difficulty
. is experienced in composing the story, phone the Capital
Journal and a member of the repcrtorial staff will aid you.
Hoover Favorite Among
Voters of All Parties in
Capital Jourria I 's Vote
Herbert Hoover secured 10S votes in
The Capital Journal's straw ballot for
president ag against 62 for ail other
candidates. Genral Wood, for whom
an active oampaign ia being made, re
ceived 18, while Hiram Johnson got 21.
Pershing secured $, Capper 4,' Wilson
5, Bryan S, Taft t, McAdoo 2, Frazier,
Poindexter and Lansing 1 each.
VAN DOREN EVADES
DEATH WHEN AUTO
HIT IN DENSE F.O G
J. L. Van Doren, local cannery man,
had a narrow escape from serious in
jury and probably death early Mon
day morning when the auto In which
he was riding north on Commercial
street, collided with one driven by Matt
Ringwald, in the fog, at the intersec
tion of Miller street.' According to
Van Doren's report to police his ma
chine rolled over three times as a re
sult of the compact.. Neither he or Mr.
Rlngwald were Injured. Both ma
chines were badly damaged.
Miss Alfa Rosenquest, 465 North
Commercial street, sustained cuts on
the face, was bruised and badly frlght-
!ened Sunday when the machine she
was driving collided with one driven
by W. L. Davis, engineer at the Cottage
Farm, at the corner of Chemeketa and
Church streets. Mr. Davis took Miss
Rosenquist to her. home, and later to
a physician1 where her hurts were at
tended to. Both machines were severe
ly damaged. Miss Rosenqulst's car
overturned. . . .
Halford Martin, whose age and ftt
dress were not contained In the report
made to, notice, wai bruised on the
arms, and the bicycle he was riding
was wrecked when he was struck by
a machine driven, by Lee Unruh, 1030
Hood street, the collision occured al
the corner of Capital and Market
No one was hurt, but both machines
were damaged when an auto belong
ing to Mrs. C. C. Schwab, 633 States
man street, collided Sunday morning
.with a car belonging to J. W. Wend-
land, route 6, Salem, at the Intersec
tion of asylum road and A street.
UNFAVORABLE VOTE ....
Mashington, Mar. 1. An early and !
unfavorable vote on ratification of the
peace treaty was forecast in the sen
ate today when republican leaders, re
laying to the demands ot tne treaty a
irreconciable republican opponents, re
affirmed their decision not to accept
any change of substance or bf lan
guage in the rpubllean reservation to
Both sides concede that enougn
democratic senators to defeat ratifica
tion are determined to stand with
President Wilson and vote against the
treaty unless article 10 qualifications Is
modified. The republican decision to
day was followed by evidences that all
the elements in the senate fight would
co-operate to end debate and let the
treaty Issue go undecided into the cam
paign. Some of the laders predicted a final
vote by Thursday, but others thought
It would not come bfore the first 6f
For the first time in Ontario, Can
ada two wbmen have ben elected to
municipal councils, Miss Margaret Fo
ley in Orangeville, and Mrs. L. A. Ham
llton In Toronto.
By parties, Hoover's vote was: Re
publican 80. democrat 32. independents
18. prohibition 6, while 18 failed to
designated party. It is evident that of
those Capital Journal readers interes
ed enough to go to the trouble of
marking and sending a ballot in, Hoov
er Is the overwhelming choice of all
Sixty-Year-0 1 d Defendant
Takes Stand in Own De
fense in Trial of Reds at
Montesano, Wash., Mar. 1. Mike
Sheehan, one of ten alleged I. W. W.
on trial here for the murder of War
ren O. Grimm, Centralia Armistice day
parade victim, took the witness stand
In his own behalf when the sixth week
of the trial opened today. Sheehan,
6d years old, a native of Ireland, but
not a citizen of the United States, tes
tified that he did not participate in the
shooting on November 11, last.
Sheehan said he went to Centralia
the night before the shooting, intend
ing to go to Tacoma on the night of the
eleventh for the purpose of hearing
Eamonn De Valera, Irish leaser,
speak. He went to the I. W. W. hall,
he said, on the night of the tenth, and
was there also on the eleventh.
Knew Nothing-of Raid. '
Shehart'had no knowledge of an al
leged contemplated raid on the hall,
he testified. He said he did not hear
the matter mentioned during the time
he was in the hull. He saw in the hall
on the day of the shooting, Ray Becit
er, James Mclnerney, Britt Smith,
John Davis, Ole Hanson, Wesley Ever
est and John Lamb. Everest was the
man lynched by a mob and Davis and
Hanson are dfndants, who have not
ben apprehended. The others aro
among the ten defendants on trial.
Sheehan ran to the ice box after the
shooting began, he testified, and hid
therein with Becker, Mclnerney and
T. C. Morgan, a member of the I. W.
W. at the time, but now a state's wit
ness.' A man in uniform, after the
3hooting, Shehan testified, let them
out when he secured a promise that
non of the men in the box would
That efforts to protect the men ar
rested from the violence of the angry
citizens were made was testified to by
Sheehan, who told how Policeman
Jackson of Centralia struck a uniform
ed man who tried to take away his
prisoners. Shehan made a voluntary
statement to prosecution attorneys, he
said. He heard Britt Smith the chief
of police that he wanted to make a
statement, he testified, so he, thinking
Britt Smith wanted to "double-cross"
him, "told the chief he too wished to
make a statement. The statement was
made in the office of C. D. Cunning
ham, special prosecutor, Sheehan said.
Defense Couusel Rebuked.
The cburt rebuked defense Counsel
Vanderveer when the latter attempted
to place in the record Sheehan'a ver
sion of events following the shooting.
Judge Wilson, presiding, told Vander
veer that he insisted that the trial be
conducted In proper manner, that he
should not attempt to argue before the
jury questions not admissable. Shee
han testified that he did not have a
gun on the day of the shooting, al
though he said Davis had asked him if
he had one. He said he bore no malice
against the men who paraded. He had
worked at Camp Lewis with soldiers.
On cross-examination, Sheehan
named the dfndants he had seen In the
hall the day of the shooting. He did
not se either Bert or O. C. Bland, he
said. He never saw Roberts until ar -
raignment at Chehalis, he testified,
nor did he see Elmer Smith until th.f
I time. Sheehan Joined the I. W. W. In!
;in Ii7, ne testified. He was not ac-
iqualnted in Centralia. testifying that
he went there the night before the
ishooting. having quit his Job at th.
McCormick Lumber company, at Mc-
Cormlck. The only discussion he
of the Irish question.
LOST AVIATORS SAFE
Paris, Sunday. Feb. 29.-MaJor
Vuillemlii. pilot, and Lieutenant Cha-
nhrvM. who --r w tnr m
than a week in their flight across
the Sahara desert, are reported by
the French aviation department to-
a village east of Timbuctoo. on the
Niger river. Details are lacking'
Milkmaids are fast disappearing in
CONTROL OF RAIL
LINES PASSES TO
- PR1TE 0MS
Companies Formally Notified
- of New Powers Delegated
to Interstate Commerce
Commission by Congress
Washington, Mar. 1. Railroads of
the country, operating for the first
time In twenty-six months under their
own management, were formally noti
fied today by the interstate commerce
commission ot the new powers dele
gated to that body and of the rights
and privileges accorded the carriers by
the new railroad law.
The commission's announcement ex
plained that provisions of . the law
against reductions prior to September
1 without the commission's approval,
were mandatory but that charges in
rate regulations, classifications and
practices in which a decision had bevn
entered by the commission, would be
eiercttve on the date designated. . AH
uimnges in rates ana classifications ef
fective prior to today will stand, the
statement said. ,
Federal Control Ends
Washington, Mar. 1. The United
State railroad administration, the
governmental agency which for more
than two years has controlled the op
eration on the nation's railroad sys
tems, today passed out of existence.
With its passing at midnight, the 230
lines that had been merged Into what
was virtually one gigantic system
again went under control of private
Interests, free to operate In competi
tion as of old. The transfer was with
' Of the staff of directors and exec
utives who controlled the roads dur
ing government operation Director
General Hines alone remains. He re
mains simply, to clear up. matters
pending when the government relin
quished control. These include thou
sands of claims, contracts and griev
ances yet to De settled and among
which are eighty three conpensatlon
contracts with various roads which
still are the subject of negotiations.
Little Control! Retained
Under the socalled railroad reor
ganization bill which governed the
return of the transportation systems
to private ownership, but little Juris
diction Is retained by the govern
ment. Under its terms the interstate
commerce commission is given great
er power to control rates and com
pulsory arbitration of labor disputes
is required. The government also re
tains a certain amount of control ov
er their bond issues but at the same
time insures a fixed percentage of
profit and makes it possible for the
corporations to secure loans from a
federal fund set aside for that pur
pose. Specifically the bill authorizes the
president to settle all questions, In
cluding compensation and appropri
ates $200,000,000 for this purpose.
Standard Return Assured
Provides guarantee of "standard
return" to carriers for a period of
six months after the termination of
Creates a "revolving fund" of $300 j
000,000 for making new loans to car
Creates a railroad labor board and
other machinery for the amicable
settlement of disputes between em
ployers and employes.
Directs the interstate commerce
commission to rix rates, that will pro
vide for two years BH percent re
turns to the railroads on the value of
the aggregate railroad property de
voted to the public use.
Provides that if any carrier earns
in any year a' net bperatlng income
in excess of six percent, one half of
Mich excess must be placed in a re-
'erv fund and the other half must
! paid into a general contingent
to be U8ed to make loans to
Gives to the Interstate commerce
commission the power to regulate the
Issue of railroao. securities.
Increases the interstate commerce
! commission from nine to eleven mem
i bers and their salaries from $10,000
Whether union labor leaders, whoi
congress ana laier ouB"i
President Wilson veto it, will test he
constitutionality of the bill in the
courts will be decided here today at
the conference of executives of the
railway brotherhoods. The confer -
Jectftns to the bill.
MAYOR CLOSE CAMPAIGN
Seattle. Wash.. Mar. 1-Major HJgh
M, Caldwell and James A. Duncan.
1 "' ,,M t. ,-r t an election
I nere tomorrow, addressed downtown
meetings today making their last ap-1
1 peals tor votes.
Leer politicians as being one of thejpetent circles hold the opinion that
. a ..i.-. n n,...
most onvtr m "" ""'
strike here one year ago. was charg-d
"Bert Is The Squarest
Ever," Says J. N. Smith In
Sum Up Of Hoover's Boy
Hood. . -
A boy who was obedient to his
elders and respectful at all times.
. A boy, who permitted nothing to
hinder his determination that "the
Hoovers, some day shall be something"
despite the fact that himself and bro
ther and sister had at a tender age
been deprived by death of mother and
A boy at the age of seventeen, plan
ning an education not only for him
self but for his brother and sister.
The boy who studied and worked
and worried while other lads were
"stepping out." This to the credulous
may sound effusive or overdrawn. But
the old maxim "truth stranger thun
fiction" is borne out in reminiscences
so sincerely vouchsafed by women and
men who recall sketches of Hoovor's
"Bert was a boy who worked out for
himself many of his problems," says
J. N. Smith who remembers bits con
cerning "Bert" as the lad was knowr
to all. "Bert possessed a phenomenal
memory, but was regarded by many or
his acquaintances as being a trifle
ilow," adds Mr. Smith. When 3ert
won the scholarship that took him to
Stanford, he was not "chesty" about it,
but when congratulated by his friends,
observed that It was "Just luck." The
scholarship had been offered to the
student achieving highest marks In
For years Mr. Smith has resided in
the house where "Bert" lived with Ills
grandmother, Mrs. Mary Minthorn,
who dted In Salem several yeari ago.
According to available information,
this house at 2134 Hazel avenue was
built in 1891, and Bert lived here until
the time of his departure for Stanford
university. The structure has under
gone very few ulterior change s'nee
that time except for a two room addi
tion on the northerly side of tho orig
inal frame building. The older build
ing has a sharply pitched roof, "art"
shingles replace the ordinary rustlce
or lap siding.
Previous to making his home with
hie grandmother, "Bert" lived with his
uncle. Dr. H, J. Alinthorn, in a large
frame building on the northwest cor.
ner of Hazel and Highland avenues.
One of Hoover's contemporaries
while sketching these items, observed
"You will find many are ready and
willing to over estimate Bert's good
qualtlties now that he Is In th; lime
light. But It is true that he accom
plished much in convincing foil;? tun.
he was a sincere and dependable lad
during the few years of his res'tl'-nce
here. The best proof of it is that he
kept right on living these qualities in
a quiet kind of way, and as a reiult,
found himself in a bigger place at ev
ery step." In making these statemenU
Hoover's - older friends point to his
achievements as being substantial evl
dence that "Bert" was In dendxcarn
est in all of his undertakings.
Attempt On Life
Of British Envoy
To Finland t ails
London, Mar. 1. It Is au
thoritatively learned that an
unsuccessful attempt has been
l.made to assassinate Lord Acton,
the British minister to Finland
Lord Acton, who formerly
was British consul general at
Zurich, was appointed minister
to Finland, September 2, last
He began his career in the for
eign office in 1884.
Great Britain recognized the
Independence of Finland, May t
of last year. Similar action
was taken by the Lnitea
States May 1.
The minister wis driving to
the market place In the early
morning when shots were fired
at him but he was not struck.
No arrests have been made.
The motive for the attack has
not been learned.
II POltU J VUUV
Mar. 1. Five railroad strike
were arrested today. They
were M. Sir o lie. M. Leveque and M.
the Paris union. Secre-
neneral Chaverot of the Paris
I 7 Oen- .j.f thejar...
; ' "" wUh th ,lberty t0 work
'n,r , aisd ence
, n nMy the Par
were reporting in increasing num
bers last night and the situation this
failure; '" """J
i refusing to quit, especially in the
Inconvenience Is being suffered and
freight service is being dislocated.
it a suitacie compromise cu
. . . ,
j Railway Men wiU willingly call off
SO-CALLED TRUST SUSTAINED BY
SUPREME COURT HI DISSMISSIJIG
GOVERNMETITS DISSOLUTION SUIT
New Jersey Judge Sustained In Refusing
To Enjoin Alleged Restraint Of Trade;
Order To Break Up "Super-Combination"
Denied In Decision,
Washington, March 1. The supreme court today upheld
formation of the United States teel Corporation and subsidiary
combinations in the iron and steel industry.
Refusing to dissolve the so-called "steel trust" the court dis
missed the federal government's herman law suit' for dissolution.
Affirming the New Jersey federal I
court's dismissal of the government
prosecution, the supreme court de
clined to enjoin the restraint ot trade
charged, and also denied an order to
break up the super-combination, said
to be the world's greatest industrial
organization, with assets exceding $2,-
In dismissing the federal suit, how
ever, the court orderd such dismissal
"without prejudice" .permitting the
government to sue again if the corpor
ation actually resorts to illegal, wrong
ful or repressive practices. -
In rnnderinfir the decision Justice Mo
Kenna said that since 1911 hp act in
violation of law can be charged
against the steel corporation and that
it was the opinion of the court that
the practices complained of by the gov
ernment had been abandoned. -
Justices Pitney, Clark and Day dis
Justice McKenna said that to grant
the government's request for disrup
tion of the corporation and restore con
ditlons in the industry as they were
20 years ago would be tnmpractlcable.
It would disrupt business, the decision
said, and would not be In the public
Justice McKenna said the tobacco
and Standard Oil company cases of
fered no analogy as they had been
guilty of certain objectionable prac
tices which the steel corporation had
In a dissenting opinion, Justice Day
said the corporation violated the law
In its formation and practices and that
there ought to be a decree "as far as
possible" for its dissolution because of
Its "open, notorious and continual vio
lation of the law."
Justice Day said the majority opin
ion virtually annulled the Sherman
POSTOFFICE IS DEAD
NogaleB, Ariz., Mar. 1. With the
death here early today of J. A. Fraser,
a i i- c r..w..
mce-Mny miies frm nere. the
death toll as a result of a raid by Mex
ican bandits on Fraser's genral store
Friday was Increased to two. Alex
ander Fraser, J. A. Fraser's brother
and business partner, died Friday short
ly after the attack.
Sheriff R. R. Earhart, who, with a
posse and bloodhounds, crossed the in
ternational border In search ot the
bandits gave up the chase yesterday
and returned to Montana camp last
Troop A of the Tenth cavalry, a ne
gro regiment, scoured the country
around Ruby yesterday.
Colonel E. E. Carnahan command
ing officer of the Nogales military
district declared today he was con
vinced the Mexican military authori
ties In Sonora were doing their utmost
to apprehend the culprits.
Colonel Carnahan added he did not
believe there would be any punitive
expedition into Mexico as the result ot
the attack on the Fraser brothers.
WOOD AXD POIXDF.XTFR TO
MEET IX JOIXT DEBATE
Chicago, Mar. 1. General Leonard that this amendment Is clearly undet
Wood and Senator Miles Poindexter i stood by voters and acted upln accord-
will hold a joint debate at Pierre, S.
March 20, three days before the
South Dakota primary, Wood head
quarters announced today.
DEMOCRATS ASKED TO SIGN
HOOVER NOMINATING PETITIONS
Petitions have been sent to the Capital Journal office and
can be signed there to place Herbert Hoover's name upon the
primary ballot as a democratic candidate for president
The fact that Hoover has refused to state his party alleg
iance does not prevent the people of either or both parties
from nominating him against the wishes of the politician,
and his own wishes. It is a case of the job seeking the man.
Only registered democrats are eligible to sign these
petitions, but if any republican will get out similar petitions
to nominate Hoover, the Capital Journal will render similar
aid in securing signatures.
It is up to the people to beat the politicians to it and name
the next president. If you are a democrat, sign this petition.
If you are a republican, get out a petition of your own.
Gl EQUAL BE
"Unscrupulous speculators or dis
gruntled and green land owners," Are
aimed at in the proposed constitution
al amendment extending' eminent do
main over roads and ways, according
to an affirmative argument in beiialf
of the measure filed with Sam A. Koa
er, deputy secretary of state Saturday
for publication in the official voter's
The argument is prepared by th
legislative committee consisting of Sen
atoi Thomas F. Handley and Repre
sentatives Louis E. Bean and W. V.
The purpose of the proposed amend
ment submitted to the voters of tr3
state is clear. It is aimed at giving
every land owner, large or small, an
opportunity to reach main lines ot
transportation whether this be a road.
railroad or waterway, without being
charged an extortionate price for the
privilege. , , .
Oregon is rich in natural resources.
These resources must, however, be de
veloped to contribute to our indufctnu.
The movement offftrm products to
market) minerals'' to the smelter and
timber to the mills, requires wagon or
Under present law the right of way
for a road Intended to get raw mater
ial to market or main lines of trans
portation - must be purchased at the
selelrs price. Any land owner, if he
desires, can refuse to sell a needed
right of way across his property, or
demand a price which will block de
velopment. In some instances specula
tors having advance information that
an enterprise is about to start have se
cured property essential to the enter
prise and demand tor such property a
price which has resulted In a prem
ising industry seeking another loca
tion. Obviously such action does not
conserve the best interests of the slate
and our laws should make "hold up"
The proposed amendment Is aimed
to prevent repetition of Just such
The nearby state of Washington and
Idaho have already . placed in their
constitution provisions aimed at pre
venting the "bottling up" of the prop
erty of arfy Individual, firm or corpora
tion. Oregon'cau 111 afford to do oth
erwise, and being on the road te added
industrial uctivity this is the time to
Our supreme court In the case of
Anderson vs. Smith, reported In 71
Oregon, suggests that a proper remedy
for unjust treatment In a case of thU
kind In a constitutional amendment
such as is here proposed.
The amendment submitted does not
allow of property being taken without
lust compensation. It does guarantee
that the farmer, miner or manufactur
er will have a fair chance and not
forced to locate In another state
through the activities of unscrupulous
speculators or disgruntled and greedy
The amendment should appeal to
the fair mindedness pf every citizen of
the state. Its intent Is clear and Its
enactment a necessity.
Commercial orgalzatlons In every
section where growth and develop
ment Is desired can well afford to see
Vote yes for a measure aimed si a
I greater Oregon, a square deal and In