Capital journal. (Salem, Or.) 1919-1980, January 31, 1921, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    Ycirculation
7? Weathe
ourrv&l
,, 1920. 6260.
"lef Audit Bureau of Clrou
Eclated Pre- FuU
mi Wire.
OREGON: Tonight mid Tuesiluy
ruin west, rain or snow caw por
tion; strong aoutlmuatcrly wind-.
LOCAL: Italnfall, .08; southerly
winds; cloudy; maximum 49, Mlnl
muni 37; set 40; river 4.8 feet and
rising.
jafrscu .
nviction of Berger and Four Others Reversed
Salem, Oregon. Monday, January 31. 1921 Price Three Cto
I
oaos
sld Near
bankrupt
I lives Say Wage
e Must Be Cut
Forking Agree-
It Abrogated
jan. 31. Bankruptcy
I the railroads of the Vnl
i unless thM are assured
miu for a reduction in
expense, the railroad la-
as iold today by mo
In of Hallway Executives.
Iw, Atterburk, chair-
I labor committee of the
nidation made the pre-
Koutirea wured the fed
lal! that if there were
L abrogation of the war
Lm.i iireementa involving
tales and conditions, they
I seeK a reduction or basic
at least three months
fnnirr becomes effective.
le interval would be used
I the efficacy of economies
gilt be instituted free.
limitations of present
L
iely, however, it n-ns stat-
noiild be need for a re
in basic wages if the cost
king the road is to be cut
It whore rates may bo re-
Leasure of immediate- re
starts asked the board to
once the agreement
It basic rates of unskilled
!i to 48 S4 cents an hour,
jicd that this was a high-
Ihsn was Ileitis' paid other
ar.il that it operated to
vantage of their employ
licularly farmers.
OW Ink Sought.
Bads uroposui that rules
Hung conditions in effect
It II, 1)17, be re-estnb-
alJnuJs are not now earn
ffi.'A present operating
tlSfflc have on limaon.
I.' "' . I thi.it. kn .
hw., raid General Atter-
inis mm tticn, without
Mm and unable to meet
l charges."
M that the emergency
nuirr ty an advance
aim paawnger rates or a
in OMfatlnir ,. v.
ptor board enn prevent
a!trophe of bankruptcy.
Irtwy said, "by declaring
national agreements i u!es
conuitions -omitifi
" the war neri.,,1
Kw; that the question
""'i( ami economical rules
PMstdltloin shall he ru-
" Dentist Inn k ......
r and lit, n- ,
I ,, rin,,iif,es
the basis fr. ....v.
P agreements rules ami
Ff ' in effect on
wad as of December II,
b ri'-estn!,lish.i
fr ."ensure Scored,
wwni agreements. rulM
"" "inomons forced on
' measures OS Me
and Inefficient.-
Pah that Ik. .u'i
iiiiiiii.ii ion
would redm ,ii,
expenses a, j304.
""mm. it would be
n ikt. ....
.... 1H ll p.
""t'ons of efficient and
eperanon than lo r.
2 '"at as the wage, of
"Ploves we,,. ;, M lo
J "hould hr the last to
bt we do Insist that
f wage, an hones; days
1 e given.
"'Mo has .-, right In insist
m be obtained. The
Ih right to exneet
Wrood execu'lvei with
;aoti or tho retrulstor
me employes, will as
1 WMible reduce ,he oos,
on'ration so to event
, " r;''luni,, ;n rates.
" "adjustment of basic
Wired. Meantime
'-"est. of a .
g ''"or. ,l,n, th, ruos
j condition. silrln bs
Commutation of Sentence of
Eugene V.Debs Recommended
Washington, Jan. 31. Commutation of the sentence
of Eugene V. Debs, effective next February 12, has been
recommended to President Wilson by the department of
justice, it was learned today at the White House.
WILSON REFUSES TO COMMUTE SENTENCE
Washington, Jan. 31. President Wilson refused today
to commute the ten year sentence imposed upon Eugene
V. Debs for violation of the espionage act.
Bulletins
Washington, Jan. 31. Laws of Alaska imposing taxes on
by-products of the herrine fishinp- industry uwp nnhoi.1 tr.
day by the supreme court.
Washington, Jan. 31. Reduction of the navy's enlisted
personnel to a maximum of 100,000 men as compared with a
present possible maximum of 143,000 is provided for in the
naval appropriation bill to be reported to the house tomorrow.
Washington, Jan. 31. The appeal of Judge Ben B. Lindsey
of the Denver juvenile court from conviction on charges of
contempt of court, was dismissed today by the supreme
court.
Marion, Ohio, Jan. 31. H. O. Forry, Marion county treas
urer, today confessed, police say, that he embezzled approxi
mately $15,000 while serving as treasurer and deputy treas
urer and that he staged a fake holdup last Wednesday to
cover a theft of more than $14,000 which he expected to use
in making good his shortage.
Washington, Jan. 31. Walter W. Warwick of Ohio, now
comptroller of the treasury, and Evaris A. Hayes, a former
republican member of the house of representatives from
California, were nominated today by President Wilson to fill
the vacancies existing in the directorate of the war finance
corporation.
Washington, Jan. 31. The republican petition for cloture
or! the emergency tariff bill was presented today in the sen
ate by Senator Penrose, of Pennsylvania, in charge of the
measure, after Senator Pomerene, democrat, Ohio, had ob
jected to the proposal to vote by unanimous consent on
February 15.
r- -
it to
hi
Expected Battle On
Port Bills Bails To
Break This Morning
Operation Saves
Child Following
Death of Mother
Milwaukee, Wis., Jan. 31. A
unlit! was born early today by a
Caesarian operation in a Racine
hospital a few minutes after the
mother had died of injuries re
ceived when a train truck an
lUtOmOhlle. Five others were
seriously injured. The child will
live, physicians say. The wom
an was the mother of six other
ehidlren.
Johnson Says
People Demand
Treaty Terms
Wnshintrton. Jan. 81. People of
western states are "entitled to know
and know now" what disposition of
the Japanese settlement problem is
made In the tentative Shidchara
Morris treaty. Senator Johnson, re
publican, California, declared to
day in a Tormal statement. He re-j
Iterated that the treaty in effect re-,
nenled the California alien land I
laws.
"if Senaor Johnson expects to to
a Rhost dance on this subject, he's
i?ot to do it without me as a part
ner," Secretary Colby declared to
day in an Informal statement re
lilyinc to the California senator's
lataM statement on the proposed
American -Japanese treaty.
Ths Salvation Army gives 1S,
CN'O.ooo meals and 7.000.000 beds
to the poor in a year.
Wion of Salaries
Vf District A ttorneys
Presages Stiff Fight
:;.";ji. ,,;
to district attorney in some of tfi.
smaller counties are reduced as
a or ,a.. "" sb
"'jcinR one of the
ttstrsetin0 .u"18 in addl-JF0O :.er vear under the provision
thf , 11 w"l eame I of the house bill which piuposea to
it,,,'nik'''! of the'incracwe the salaries in Lane and
hrtin. "hich salary rion counties to $3000 per year
an i,n the hope-: -nd that for Multnomah county to
rlt2 e dis-l'5
-".i.m in Port
lie of
tt-l.,,-
t nr "alary re-
veil J tht'
" 'rvi i j tr,:i!erial In-
rjm , ''d for
. -: T: ,:
Hrsm Bav ".'"ouiah art. I
in, ' "''roduced a
lud;-
In-
000.
ThU move, however, by no means
flndq favor from legislators from
astern Orecon where most of the
proposed salary cuts would fall and
another counter move is now on
foot which contemplates a mini
mum of 1100 per month for the
smaller counties and a maximum
f 1100 per month in the ease o
the larcer counties.
The question which presents it
self to the legislators is not so
much hat of holding down salar
ies a thai o-r arriving at ar. equit
able basis for the entire state.
Bo'h branches of the legislature
convened Monday at 11 o'clock
after the recess from Friday. The
Port of Portland flight scheduleri
for the senate was postponed until
2:30 o'clock this afternoon and
both houses spent the morning on
routine, principally the second
reading of the bills introduced Fri
day. A number of new measures
were presented in both houses.
The only bill passed by the house
was H. B. f7, by Representative
Walter (1. Lynn of Multnomah
county. It provides meant for the
nomination and election of some
person to fill a vacancy for an un
"xpired term and the ensuing term
in an office at'the same time. In
arguing for passage of the bill.
Lynn called attention to the far,
that twice in Oregon history has
the lack of such legislation affcn..
election of United! States senators.
separate person! having to seek the
short or unexpired terms and oth
ers the full term.
H. It. 49 was Indefinitely post
poned In the house today following
acceptance of the majority commit
tee report adverse to the measure
which proVMed for assessment an
taxation of transient livestock.
H. P.. 156, by Overturff. 116 and
104 by Koreii were withdrawn by
their authors as was H. B. 2"5 by
Hyatt.
The emergency clause is attached
to a bill introduced in the house
this morning by Representative
florae W. Hvatt of Union and Wal
lowa counties, eliminating the
clause' providing that no bond issue
-hall bear a greatei .rate of interest
than 6 per cent per annum, nor)
shall any bonds authorized by tne
State lie sold for less than par value.
The latest move on the lines of
prohibition laws at a salary of
$3000 a year and travel expenses.
The special chief agent is to have
power, with consent of the govern
or, to appoint deputies to receive
not to exceed $;f.00 a year. The
hill appropriate $F.000 to carry out
i s provisions,
Man Made His Home
In City Jail ::
Sent to Poor House
Chief of Police Moffitt. proprie
tor of a local rooming house, has
ost one of his most regular guests.
Almost every evenme lor ni n
Week Desk Sergeant Davis greet
M at the city jail, had permitted
William K. Mclntyre. address un
known, to place his signature on
the register
Batordat Officer Porter took Mr
Keln'yre before Couniy Judge
Bacfcev. After a-, interview, Mr.
Mclntyre was committed to the
-ounty -acr farm.
Maine Governor
Called by Death
Augusta. Me.. Jan. .11 Fred
eric H Parkhartt governor of
Maine, died today He faiie.i to
recover from a diptserttJc InfecMor
under the tongue, with which he
was stacked three vccks ag Ar
oarentiv he v M roving
late last night when he too-, chdls
and became unronscions. Dea.n wm
iov.-cd today.
Lost Woman
Is Found On
Sheep Ranch
Police Discover Mrs.
Witherall a Captive
In Small House But
Unharmed
Los Angeles, Cat.. Jan. 31. Mrs.
Gladys Wltherell, who disappeared
from her home here last Tuesday,
,J::S found early this morning, a
prisoner in a small house on a
sheep ranch eight miles east of Co
rona in Riverside county about 70
miles southeust of Los Angeles ac
cording to telephone messages to
the Associated Press.
Mrs. Wltherell was unharmed.
Two Men Arrested.
Two men who gave their names
as A. J and 1 loyd Can-. cousiv.B,
were arrested.
The discovery o.- Mrs. Witheretl
and the arrest of the two Can- men
were effected by Los Angeles po
iiee and deputy sheriffs who start
ed for Los Angeles with the wom
an and the two men.
The officers said the Carr.s con
fessed 'hat they had ill feeling to
ward the woman's father-in-law,
A. J. rVUherell, because of a trans
act ion involving a boat, and that
they kidnaped Mrs. Wltherell both
to obtain revenge and ransom
money, of which, it was said, they
had demanded $2000.
ADD ONE LOST WOMEN
Phone Girl Responsible.
A telephone operator's quick
wit cdness led to the discovery of
Mrs. Wltherell and the Carrs' ar
rest. The operator . received a eau
for the residence of O. S. Wlther
ell and delayed making the call un
ill the police had been sent to the
'iay station where they arrested a
J. C. Carr Just as he was conclud
ing a delayed conversation which
lie had promised in a Miter sent
then, Saturday.
The police said they found chlo
roform and o'her articles In his au
tomobile they believed had been
used in decoying the woman from
'looie.
Uoutcwtoii Reported.
At the police station. A. J. Carr,
it v.as said, confessed that he had
spent Saturday night outside of
Los Angeles afraid lo communi
icte with the Wltherell! as he had
tjreod by letter. Floyd Carr, ac -cording
to the confession of his
cousin, was the leader in the kid
napin g.
The police said A. J. CaCrr told
'hem that Floyd went to the With-:
erell home last Tuesday night add 1
told Mrs. Witherell a friend had I
been injured in an automobile ac
cident and was calling for her.
Floyd Carr. according to the po-j
lice, escorted her to an automobile
where A. J. Carr was waiting.
Sidelights On The Senate and House
ssr K MH
fStFTJ r mi i-v argg
PEDWAHD3, (&r'0 lllllll
'rue wMTTfriF)l Qj) vllll
cofiweRce- 1 ip4p;
Wk
SENATOR
Hvmtr-
CHAIRrAAN
OF THE
COUNTIES
COMM IYT6E
New System
Proposed for
Redisricting
Bill Suggests Senator
From Each County
and Representatives
by Population
A ponator from every "ounty in
tho state and n house ruembervtliu
limped Rttio' ly upon population ia
(tonteraplated in a joint resolution
whifh now rcpesfs in the inside
pocket of a member of the house
from eaHtem Oregon and which is
said to meet with the approval of
Seen In The
Crimelight
his colleagues from that side of the
Cascades. inasmuch as the pro
posal involves an increase in the
size of the upper house from thirty
.o thii ty-six members it would ne
oawitata an ainendiueiit to trie
constitution and consequently a
vote by ihe people of the state.
While the proposal is calculated
to meet with favor from the east
ern Oregon delegation who would
have everything to gain and not
mucli to iose, at least In the up
per house, it can hardly be regara
ed as Meeting with any great en
thusiasm on the part of the legis
lators from this side of the moun
tain range.
Delegates from east of the moun
tains who are favorable to the
siiirt.es! ion nointed nut that whila
When she became suspicious the .. .. ....!.,..,,.. .h
in ii ix iiai'j.uiiiuiniiiiii v. it- sft-
!.. mi'ri cnivrgiurroru ner. rnev
Washington. Jan. 31. The
Commonwealth National bank
at Redaville, Va.. a village 10U
miles from here, was robbed of
cash and securities totalling
$1 111,000 and then set on fire,
according to reports received
today by the Washington po
lice department.
Detroit, Mich., Jan. 31.
Three detectives were shot and
seriously wounded today by
tine, bandits who held up and
robbed the Morion Bond com
pany's offices in the public
quads downtown At the hos
pital, It was said, two of the
detectives probably will die.
The bandits escaped with $10.
000 in Liberty bonds, according
to ihe police.
Cleveland, Ohio, Jan. 31.
Miss Oretchen Brandt. 37, was
found beaten and slabbed to
, death today In her room at the
home of her brother-in-law
with whom she made her
home. The head was crushed
and there were numerous knife
wounds on the body. Robbery
was believed lo have been the
motive, $500 worth of jewelry
being missing.
iook ner to a small nouee on a
sheep ranch and put her in a room
with only a cot and two blankets,
Mrs. WPhorell told the men who
rescued her Ihe men bought her
candy and treated her "with every
respect."
Officers Raid Shanty.
The polios and Mrs. Wlthsrell's
husband and father started for th'
kidnapers house at 2 o'clock to
ri i.v, prepared for any emergency.
The officers surrounded the house
end after closing in on it smnshed
the door and windows A man sai l
to lie Floyd Carr was caught off
his miard anil handcuffed.
Mrs. Witherell and her husband
rushed into each others arms. She
sable-, 1 and called him "lamble.
Iambic." over and over again.
The scene between Mrs Wither
ell and her father. John C. Kratz.
was affecting.
"I want mv boy. r want, my boy"
Hta, Witherell cried repeatedly on
tb, two hour drive from the cabin
on a lonelv sheep ranch in Santa
Ana canyon and about 70 miles and crash
southeast of Los Angeles
she was found.
When she again had
ma-
up-
ISla.ure would give to them n
terial advantage so far as th'
per house is concerned the over
whelming majority which the west
ern section of the state would have
in the lower house in the popula
tion basis would prove a very ef
fectual check on any legislation
which the easterners might be
tempted to put over and vies veraa,
2 Escape Death
In Crash Here;
Bicylist Is Hurt
According to the police, Vern
Drager, of this city, ami a woman
companion whose name was not
learned, narrowly eeoftped serious
injury and poasltll dea h when
their ear -kidded on the wet pave
ment on south 12th street yesterday
1 into a telephone pole.
where i nan tne auioiiionne hul w iuen mv. nun in mr sshvsis right, were
I pole, witnesses said, the machine Migh'.T and more cheerful than at
her arms would have plunged tnto an eignt any time since the trial began".
Federal Troops
Stand Guard At
Murder Trial
Williamson. W. Vt., Jan. 31.
Federal soldiers and deputy sher
iffs were hurried into the moun
alns surrounding Williamson today
at the sound of rifle firing. Care
ful search failed to reveal the rifle
men. There were no casualties
but there were widely circulated
rumors that bullets had fallen In
the city.
Intense exei'ement prevailed for
i time but the presence of a com
pany of the Nineteenth United
States infantry calmed the fears of
'.hose professed to believe that an
attempt would be made to rescue
Ihe twenty-one men on trial here
for the Matewan shooting.
The excitement had died down
and the detail of soldiers had re.
turned' to their quarters here when
Judge I. I). Bailey opened the
fourth day of the trial.
In the court house were 200 ad
ditional veniremen ready for ex
a mination.
The 21 men who are facing pros
ecution for their alleged particlpa-
Bill To Oust
Vaccination
Is Defeated
Hume's Attempt To
Remove Logan From
Parole Board Suf
fers 2nd Reverse
The antl-vaceinntion measure
which met wi'h overwhelming de
feat at the recent election made its
appearance in the senate this
morning In the form of a 1)111 spon
sored by Senator Hume.
The bill provides that "no form
of vaccination or Inocculation
shall hereafter be made a condition
precedent in this state for the ad
mission to any public or private
school or college."
Senator Hume's attempt to oust
John F. Logan from membership
on the state parole board was still
further delayed this morning when
a motion by Hume for the recon
sideration of the bill which was
defeated last week was laid on the
table through a motion by Senator
Joseph. Opponents of the Hume
Mil regarded this morning's action
tantamount to indefinite postpone
ment of tin- measure. Adehei a ails
of the measure, however, insist that
the move still further delays pass
age of the bill and Logan's removal
from the board.
leaped around her eighteen- foot ditch.
eionths old son. Jack, she regained The accident had not been re
iser composure I ported to the police this morning.
lire Captain Alfred T. Slayton
of Los Angeles was Ihe first to
lireak into the house. He said Mrs.
Vlthcrel in aroom bare of furni
tare ejieept a cot and two blankets,
sat up in bed when he entered.
Resistance short Med.
MI L'-phart. riding a bicycle,
was struck, hurled to the pave
ment, and injured Saturday night
by an automobib- driven by E. T.
itusselle. He was driving south on
the Pacific highway about one
mile south of Salem on the Pacific
"Don't hurt me," she cried. "1 highway when the accident occur
haven't done anything. I am Mrs. I red, Mr. Busselle said. He was
Witheiell and I want my baby, blinded by the glaring lights of an
Please take me away from here, if automobile proceeding north, he
you are a friend." (claimed. Lephart ustained a bad-
Slayton said he heard a' noise be- ly scratched face, but was not seri
hind him. He turned and searched ! ously injured. It was s ated
the room with Ins flashlight. A
man with a revolver in his hand
was emerging from a closet
"Thiow up your hands.
called.
The answer was a rush. A strug
gle followed. Other officers dash
ed into the room and the man wag
overpowered. He gave his name as
Floyd Carr
The poflrs said further arrests
were possible as a result of thu flh
elosures by the Carrs. They plan
ned a fuller questioning of the nvn.
meantlme sending telegrams to var
ious cities to learn If they had po
lice records anywhere.
Jail Mm- lv tiumlcd.
Rx'ra guards were placed about
he city jail, where the Carrs were
held.
The Carrs were said to have di
rected the relatives of the woman
to denosit the ransom
S!a:.tottiday. according to Mr. Oliver's re
port to 'h- police. He said he was
moving east on State and that Shu
key, who had been driving west on
ctate essaved to turn south on 12ih
when the two autos met. No dam -ie
resulted.
Answer Filed
In Suit of The
Silver Falls Co.
Claiming that it has been dam
aged to the extent of $1 12,723 2
by the failure of Silverton Lumb.-r
company to unload cars of logs
during ;he period between July
so. 1918. to Deeseaeee U mis, the
Mr Shukey rolll b d at the corner Silver Falls Timber company filed
of 12th and State streets Satui-'an answer to the complaint In the
Senator Eddie
C 1 1 IT
opeaKs oewe
Business Men
Some sixty members of the Sa
lem Business Men's club gave a
rising vote of thanks to Senutor
Eddy of itoseburg, who spoke at
their Monday luncheon held this
noon in the Commercial club.
Senator Eddy's topic was "Jus
tice. " He pleaded for more of it
in business and political life. He
said It was easy to apply Justice
in the case of some one else, but
when it came down to a personal
application one was apt lo be
Mteded by one's ..'. n self IghfUUM.
"I'm not speaking against con
structive criticism," said the sena
tor, "for we must deal Justly with
ourselves, but I am Speaking
against lhat prejudice and hatred
which ut limes prompt us to un
just actions against others."
He went on to state that a great
deal of prejudice was spread by
the press in its method of getting
news, and cited the biblical inci
dent of David who was perfectly
willing to pass Judgment on the
man who stole the one ewe lamb,
but was blind to the injustice
which he himself performed in
placing one- of his soldiers in tho
front rank of battle. In order that
he might lie killed ami David
might then have his wife.
"Am soon as the American flag
ceases to stand for Justice," said
the senator, In closing, "it won't
be worlh while for It to stand for
anything else."
I:. K. Oliver, route I. an'l one
4utos Damaged In
Crash Here Today
A radiator wss b.-nt and two
fenders were Ssashed wh-n an au
tomobile driven by C. F. ftat"s
route 5. ard one piloted by W. F.
Davis, collided a the corner of
Stat" and High strests th s morn
ing, according to the police.
Ra'es was moving east on State
money of and Davis was travelirg south on
$,i O'iO n a lone'v mountain ro-n ..... .
"aLs'r.a.ed s-iot promising- to re- j Nobody was infiired it. the eoibs-
. Continued on Page Four.)
ion.
ding U
suit now awaiting settlement be
tween the tX concerns, this morn
ing. The original complaint of tbe
VIvSI fleet Lumber company asks
fdglainl of the court for over
tion.eoe from the HMW Falls
Timber company for alleged non-d-ilvery
of logs from a designated
!! of timber. Logs, however,
were d-livered to the mill. but
were of such poor quality that the
lumber company losi money in
handling them.
The tlmlier company comes
back however, and states that it
delivered the logs, according to
the contract made with the Silver
ton Lumber company, bu that ow
ing to the latter's refusal of the
logs, lost money in the deliverv.
The case will be set for trial
soon before a Jury.
Mrs. Burghardt, 20
Years Resident of
Salem, Passes On
Mrs. Klla Richey Burghardt. a
resident of Saleni for 21 years, die J
here yesterday at ihe age of 79
years. She had been 111 for several
years.
Mrs. Burghardt was born 1
Payson, III . Ki bruary S. 1X42. and
was married in Qulncy, 111., ia
l9 to W H. Burghardt. She
came to Oregon from Lawrence.
Kansas, in August, 1i3 In lltao
she moved lo Salem.
She is survived by her hunband
and one son. W. H. Burghardt Jr..
by on" brother. K. W. Richey of
'thicago III . and one niece, Mrs
M. J. Fifer. of Portland. Or., The
deceased was a member of the
,. ' .dge s rid of the Cm.,
gregational church.
The funeral will be held from
the family residence. tSS North
Winter street. Tuesday F ' "u i. y
1. at 2.20 o'cloc-.
Court Says
LandisNot
Fair Judge
Jurist Should Have
Refused to Hear Suit
After Eligibility Was
Attacked, Ruling
Washington, Jan. 31 Comrfctloi
of Victor L. Berger and four oth
ers, members of the socialist part"
for violation of the espionage act.
was reversed today by the supreme
court, on the ground that Juo-
Landla, should not have heard tbw
suit after his eligibllty had been at
tacked. Those convicted with Berger ha
the federal court at Chicago were
AdOiph Oermer, national secretary
of the party; William F. Krusci.
editor of the young socialists mag
azine; J. Louis Tngdahl and Irwin:
St. John Tucker.
Prejudice Charge.
Berger and the other four con
vlolted under the section prohlbtlnR
a" tempts to cause insubordinattom
and disloyalty In the naval an.t
military foraes. Sentences of front
ten to twenty years imprisonment
were imposed.
The apoeal was brought to the
supreme court on the ground that
Judge Kenesow Mountain Laiulkt
had shown "personal bias and pre-
, Judice" against the defendants he
: cause of their nationality.
The court divided I to I Jus
tices Day, Pitney and McReyooIrf
dissenting.
Mr. McReynolds added to th
dissenting opinion a strong appro
bation of Judge Landls' sentiment
s merely showing his detestation,
of the "Hunnlsh wurfare whlcht
was being backed by compatriots fnr
America under our too indulgent,
laws."
Landls Held at Fault.
The majority opinion held that
the affidavit of prejudice filed b
Berger against Judge Landia was
sufficient to have caused his with
drawal from the case and that
Judge Landis himself was not jus
tified in passing upon lha affida
vit. Justice Day, who filed a dissent
ing opinion, held, however lhat the
mere filing of an affldnvit .should,
not be accepted as sufficient evi
dence of the unfairness of the
Judge. The Berger affidavit should
not be taken at "fin e value" he said
because the "facts" therein, had
been made solely on "Information
and belief" and no attempt
made to substantiate them.
The effect of the court's deciatoa9
Is to remand the cases to the ap
pellate division which will issue or
ders of a reversal nnd a new trial
before some o her federal nidge
Packing Plant
Malkefc Large
Improvements
Involving an expenditure of $10.
.100 the valley Packing company
lias just completed an addttienttl
cold storage room and overhauling
and rumodeling of their lard and
shortening process. There has alsu
been built new pork culling; tuoaw
and equipment.
This additional space and equip
ment has added to the coneern'a
cipa. liy ,,f handling hogs. Former
ly 150 hogs a day could lie butch
ered and prepared, but with rfu.t
new Improvements mor than zoit
can be easily handled.
The Valley Packing company
was organised one year ago on, I-.
the leadership of F. W. Stuesloff.
W S. Bteusloft and Curtis B. Of
and has Invested in Its' present
plant over $150,000.
Last year it handled over fto.Mg.
hogs brought to the plant by val
ley farmers. It has been estimated
that the establishment of the park
ing plant has saved the farmers trt
butarj to Balem nearly tlg.aoo.
which they would have had to pay
In shipping their pork to Pmllnart,
Twenty -five per cent of the prod
ucts of the company go to Port
land in competition with Cudahy.
and other well known meat pack -inir
houses. The rest is HUliplied t
southern Otogon and northern Cat
Ifornia as well ihe immediate, "
clnity.
The navroll of the concent
amounted lo $75,000 last year jn
wl h th. addtlionai Improvement
plai - for five more men have aste-
made
The process of packing at under
the rigid supervision of the govern
ment which keeps two men at the
plant all the time to see that ne
diseased meat Is distributed to lh-
puhlic.
The first foinial opening of th
plant will take place next Thuragsv
when the hog growers ;md brredeiw
association v.111 hold I luroc day at
'he Salem fair grounds. The plant
is at all times ot.cn to 'be paaMte
for inspection.
t'onvlii.ii stands.
Washington, Jan. 31 Conviction
I.y court martial of Alexander
Jahn, OOMld Fisher and Robert IV
Lecocq on charges of murder com
mitted' while they were inmates of
'he federal prison at Leavenamfttt.
SI nr.betd lodr.v hv the sun-rente.
' court. Decrees of lower courts die
I missing wiits of error sought hr
I the three men were -fflrm-V.