Capital journal. (Salem, Or.) 1919-1980, March 01, 1920, Image 1

Capital journal., March 01, 1920, Image 1

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Newspaper Page TextWEATHER FORECAST Orvcon: Tornifct and Tuesday tair; -light northerly winds. - CIRCULATION 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 I STATES' RIGHTS 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 perpetual." Provision Revolutionary 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 eral government." 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 several states." "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 ed It. 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." MI.AXD ih:myxis INDEMNITY 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. FLDVIOLATIOf 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 streets, Sunday. 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 .... ONRATIFICATiON OF TREATY 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 article 10. 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 next week. 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 Parties. IGlliS HETOOK NO-PART T Sixty-Year-0 1 d Defendant Takes Stand in Own De fense in Trial of Reds at Montesano Today 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 shoot. 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. he said, 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 Great Britain. SHEEHAI ABERDEEN RIO CONTROL OF RAIL LINES PASSES TO - PR1TE 0MS i i 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 out incident. ' 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 tariaa unntrnl 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 '. carriers, Regulates Securities 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 to $12,000. 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 (with radicalism. PEOPLE WHO KNEW HOOVER "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 father. 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 boyhood. "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 general proficiency. 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 at Helslngfors. 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. French Railway Strike Leaders II POltU J VUUV Paris, leaders 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 on !""' ", failure; '" """J i refusing to quit, especially in the ! provinces. 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,- 000,000,000. 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 sented, 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 interest. 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 not been. 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 act. ., OF 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 night 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. AMEHDMENT W6ULD 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 pamphlet. The argument is prepared by th legislative committee consisting of Sen atoi Thomas F. Handley and Repre sentatives Louis E. Bean and W. V. Fuller. 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. prosperity. - The movement offftrm products to market) minerals'' to the smelter and timber to the mills, requires wagon or railroads. 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" procedure impossible. The proposed amendment Is aimed to prevent repetition of Just such cases. 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 act. 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 land owners. 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 lngly. Vote yes for a measure aimed si a I greater Oregon, a square deal and In dustrial advancement I