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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (May 21, 1921)
Circulation iverage for 1920, 6250 Stion of Salem 1900, 4258: 1910 14,094; 1920, 17.679 Marlon' County 1920, 47.177; Polk county, I4,im. M.ber of Audit Bureau of Circu- Utllon. Associated Press Full ' Leased Wire The Weather ournal OREGON- Tonight and Sunday .'air, cooler tonight east portion; moderate westerly winds. LOCAL: No rainfall; maximum 66, minimum 50, set 60; northerly winds; clear; river 4.4 feet and falling. Salem, Oregon, Saturday, May 21, 1921 Price Three Cents OH TKArNS AND HEWS STANDS FIVE CENT 8 Cfj" rtmi lUlril Dllv lmrlw CiiviiAiiHiiAl Bank T Ul B.A " Indicted -,nri Jury Holds main' Man and Woman In Failure at Medford; gTrue Bills iietunea Hertford. Ore., May 21.-The ,KtMn county grand Jury this returned eight true bills, ..... i mnnection with the Bank iuui c( Jacksonville failure last August. Mrs. Myrtle Blakeley, former mratv treasurer, is indicted on a MT count alleging "aiding and tbetting an onicer ui u... making a false entry in the books .. i.!, mtth intent to deceive a 01 a uau". person appointed to examine the affairs of such bank." This lndict ,.,,t rcnlaces one submitted to tbe grand jury for consideration at the last term of court. R. D. Hlnes, former vice-presi dent of the bank, was indicted on three counts, on eembracing the against Mrs. Blakclev. and two for receiving deposits in an Insolvent bank. Two "John Doe" indictments aid t obe in connection with the bank failure were also returned. Pete Stauff and Frank Kodat, ho attempted to rob the Gold Hill bank In April were indicted lor burglary. Debaters Of S.H.S. Take StateHonors Permanent possession of the sil ter trophy offered to the victor ious high school debate team of the state was won by Salem' high tehol orators at Eugene yesterday afternoon when they defeated Eu gene and Corvallis debaters. Both Salem and Corvallis had won the trophy on two different ocacaions, and the rivalry was un usually keen. It was yesterday's rictory which made it possible for the local school to keep the cup forever in Its trophy cases. The performance of Salem's afr Urinative team is held by critics to most unusual. It won unani mous decisons over each of the three schools met, and secured all ! the possible 24 points. The legative team won two unanimous tensions and in the semi-finals uh Corvallis won by a 2 to 1 de cision. The affirmative Salem team de nted Grants Pass, Corvallis and Eugene negatives, and the neg ative team mot The Dalles, at "ofallij affirmatives. Twelve t from various parts of. the Jte competed in the tournament debate for the championship ld annually under the aus " of the University of Oregon. New Appointee On Labor Board The appointment of Mrs. Albert Grilley, of Portland, as a mem- PkL0f,lhe board of Inspectors of M labor, was announced this "'"mg by Governor Olcott Mrs. succeeds Mrs Anna Z. -yne of Portland "Hires today whose term Mrs. Grilley is the " of the late Albert M. Grii Z , "ars Physical direc- ' the Portland Y. M. C. A. Jf?,"rpolu -Henry Ordeman billS1 threw Jess Westergaard falls out o( ihr. an. 3 Worn Injured When Cars Hit Head-on Today ArTI M. Harris, 120 wrecked and were necessarily tow tftnt - . . - o.i.n, fniinwinc the acci- badly bruised head. etcapsnts of her car, all rc'Ted minor hi-niao automobile 1 1 ashed Portland on the Fa nH' "ear Gervala this " of automobiles Wife of Wealthy Bond Broker Turns Kleptomaniac; Friends Blamelnjury In Auto Accident inicugo, May 11. Injune3 re ceived in an automobile accident and alleged to have caused klepto mania were held responsible by relatives and physicans today foi the acts of Mrs. Joseph S. Heil, wife of a wealthy broker, who con fessed last night, according to the police, that for more than a year she had been robbing homes of wealthy families by posing as a maid. The, loot was said to total more than $25,000 and much of it was found in Mrs. tfeil's home. Mrs. Heil was held in a deten tion home today on four formal charges of robbery. Her condi tion was said by physicians to be serious, for, in addition to mental troubles with which she was said to be afflicted, she is soon to be come a mother, Mrs. Heil, with an allowance of $300 a month from her husband, two automobiles and a magnifi cent home, forged references, ac cording to her alleged confession and obtained employment a3 maid Prosecution Will Follow Injury To Trees Co-operation on thpart of the' general public is needed to save the shrubbery and trees from de struction, according to Governor Olcott, in a statement to the press Friday. "My attention has been directed to tbe fact that in many parts of the state people are cutting beau tiful shrubbery and damaging trees along tbe rights of way of state highways," the governor de clared. "The last legislature passed a law which will become effective next Wednesday.'May 25th, which makes it unlawful for any person to dig up, cut down, injure, de stroy, or in any manner remove any trees growing upon the right of way of any state highway with out first procuring the written consent of the Oregon state high way commission so to do. The act provides that when any person de sires to dig up, cut down, injure, destroy or in any manner remove any such tree or trees growing up on the right of way of any state highway he shall file with the state highway commission an ap plication in writing setting forth the reasons and purposes for the removal or destruction of such trees and upon the filing of such application the highway commis sion may, if in its judgment and discretion destruction or removal of such trees will not mar or in any way affect the scenic beauty of such highway, issue a permit authorizing the applicant to go ahead in such manner as the com mission may designate. The vio lation of this act is considered a misdemeanor, punishable by a fine not to exceed $100 or imprison ment in the county jail not to ex ceed thirty days, or by both such fine and imprisonment. I believe there should be a wholesome co operation in seeing that the intent of this act is not violated and that the people of the state should as sist in this movement to preserve our scenic beauties as one of the state's chief assets." Fair Weather Forecast For Part of Week .Washington, May 21 Weather predictions for the week begin ning Monday issued by the weath er bureau today are: Rocky mountain and plateau re gions Occasional showers normal temperature. Pacific states Normal temper ature, local showers first part, fair thereafter. Children, dent. The ear driven by Mrs. Harris was moving north on the highway about two miles from Gervais "when the accident occurred. Mr Eberbart, according to Mrs Harm was driving south and had essayed to pass load of hay when hie car and the one driven by Mrs. Harris crashed together in fashionable North Shore homes, robbing them when she left. She was Identified by four former em ployers. The loot ranged from canary bird cages to valuable pieces of jewelry. A number of platinum pins and diamond rings were be ing traced today by tU? Dolice through pawn tickets found in Mrs. Hell's home. Her husband recently had given her a small apartment building, it was said by relatives, and ?.'rs. Heil was quoted as saying that much of the property she stole was used in furnishing it. Mr. Heil refused for some time to believe the charges against his wife. "Why I can cash my personal check for $250,000 at any Chicago bank," he told reporters. "Why should my wife steal?" His income was said to be more than $150,000 a year. Mrs. Heil is mistress of several servants. She is 38 years old. By Yankee Golfers Take 9 of 12 Contests Today Hoylake, Eng., May 21. The American golfing stars decisively defeated their English opponents in the flrbt international golf match here today. The Americans made a clean sweep of the four somes and captured five of the eight singles matches. The net result of the day's play was nine victories for the Amer icans as against three for the Brit ish. Pope Benedict Urges Peace In Irish Factions Dundalk, Ireland, May 21. Pope Benedict has written to Car dinal Logue, primate of Ireland, appealing to both the English and Irish to abandon violence and pro posing that the Irish question be settled by a body selected by the whole Irish nation. The pontiff sent Cardinal Logue two million lire for the Irish white cross. He Was Too Bashful To Ask For Salary; Took Salemites' Jewels Bashfulness, thy name is FredJ F. Davis, alias Fred Miller. Fur ther, it might be learned from Fred's experience, that a little bashfulness is. a dangerous thing. For Fred is at present in the city jail charged with larceny. "My employers owed me money, but I just hated to ask for it," po lice officers say Davis, alias Miller, told them last night pflor to the time that the heavy steel door clanged on his baek, "so I Just helped myself to some of their jewelry- v!irdav afternoon, to com mence at the beginning of the end, Roy Vance, route t, complained to the police that Fred Miller, one of his farm hands, had left the farm but not the farm's Jewelry. He said Mr. Miller bad made away with Mrs. Vance's watch, two lockets and a watch chain. He wanted something done about it. Something was done about it. A lew hours late Mr. Vance's em ploye was taken into custody In a local pool hall. At the station po .... - Ha om throueh with a irf at be He DrobaDiy wiu OT . .... iTnruh in rraiKueu rr16 the Justice court. Bomb Turns Irish aatherimr To Riot; Scores Injured Cork. Ireland. May 21 While the main thoroughfare at Core, near Kineale. was crowded last evening several revolver shots ware fired and a number of bombs thrown. Many civilians, soldiers .sd sailors were badly Injured. T perpetrators are unknown. Funeral of White Is Impressive Nation's Leaders Pay Last Tribute to Chief Justice; Flags Are Half-masted Washington, May 21. With honors rendered doubly impressive by the simplicity of the ceremony the body of Edward Douglas White chief justice of the United States, was burled today in Oak Hill cem etery, to sleep forever within sound of the city where his great service to the nation was render ed. Simultaneous with the hour of the funeral, President Harding had ordered that at 10 a. m. the American flag, wherever flown, be half masted and that a funeral sa lute of seventeen guns be fired at American military and naval sta tions throughout the world. A small company had gathered St. Matthews church when the hour of service arrived. Close up to the altar the casket was bank ed over with flowers and directly behind it President and- Mrs. Hard ing took their places while cabi net member, diplomats and com mittees ot congress, high depart ment officials and others of those representing a government in mourning were grouped with a few intimate friends. The uniforms Major General March, chief of staff, and the officers who ac companied him to represent the army and of Admiral Coontz, chief of operations of the navy and his officers, marked high lights am ong the sombre black of the civil ians. When all were In their places, the doors were opened to the vast throng that waited outside and the church was quickly filled. Requiem mass was celebrated iy Monsignor I-ee, rector of the church which Justice White at tended. At the altar were gather ad also a group of clergy that included Monsignor Bonzano, pa pal delegate. Only a little company of rela tives and close friends and the. eight surviving members of the su preme court as honorary pall bearers went to pay the last hon ors at the grave. Japanese Firm Denied Filing To Appeal Case Seattle, Wash., May 21.-Ap-peal will be taken to federal courts, it was announced today, from an Informal ruling of the state supreme court refusing a writ of mandate sought by T. Yamashlta to compel Secretary of State J. Grant Hinkle to accept for filing incorporation of a Jap anese holding company on claim that the incorporators, although born in Japan, were naturalised citizens of the United States. Tamasblta who was born in Japan, claimed to have been naturalized by the superior court at Tacoma, Wash. Later, in 1902, he was refused admission to the k. - th rrnnnli hp w bar on the ground he was not a citizen, and recently Secretary Hinkle refused to accept tbe in corporation filing on the same ground. Eugene. Stanford university and the University of California will fight It out with each other for the conference championship today .after eliminating their northers competitors yesterday In the second day of the Pacific coast conference tennis meet. Law Determines Manner In Which Tax Levy Is Set I Oscar A. Steelhammer, Marion county assessor, this morning ex plained that the assessors of Ore gon are required by law to com pute their rate per cent, in ar ranging for their budgets, so that the figures will terminate at the nearest mill or tenth of a mill that will produce the amount of money required to be raised. This procedure had been referred to as a "practice" of assessors. MY. Steelhammer pointed out that the assessors have but one course which they can follow. "We must arrive at either the exact amount needed, or the near est amount over it," he explain ed. "We cannot go under it." The law in regard to this point reads as fellows: "The county assessor shall com pute the rate per cent of lew hv dividing the assessed valuation into the total amount of monev proposed to be raised by taxation and said rate per cent when so computed shall terminate at the nearest mill or tenth of a mill that will produce the amount of money required to be raised." Search of Persons Without Warrant Declared Illegal Police officers or others engag ed in the enforcement of the pro hibition laws ot the state have no authority to searcn any per son anywhere without a specific search warrant, except as a sub sequent act to an arrest for a crime committed in the presence of the officer making the arrest: Search of boats, vehicles or otfi er conveyances for liquor with out specific warrant rs illegal, ex cept where the searching offi cers have 'personal knowledge or reasonable Information that in toxicating litfuors are being tin lawfully carried or transported;" County courts have the author ity to enter into contract with private agents for the enforce ment of the prohibition laws by reason of the county courts re sponsibility for the expenses of all criminal prosecutions: Hotels, rooming houses or oth er structures which are the resid ing places of two or more individ ual occupants are not subject to search under a. single warrant, except where -the specific necessi ty of a search of the entire build ing definitely described in the affidavit requesting the warrant and the warrant calls specifically for the search of the entire build ing. These outstanding points in an opinion dealing with six ques tions relative to the provisions of the state prohibition laws ren dered by Attorney General Van Winkle for Governor Olcott yes terday, following a request made to the governor's office for infor mation. Another query Included in the questionalre, whether officers are required to give receipts for li quor seized in searches made wil der the authority of proper war rants, is answered in the affirm ative. A sixth question, relative to the right of officers to confiscate liquor found on premises, persons or vehicles searched without war rant, brings forth the opinion that such liquor msy not be confiscat ed where the search is unlawful and conducted without a warrant. "Peace officers or other persons have no right to search persons on put, highways or in public places without specific search war rants, ' the attorney general de clares in his opinion, "but if offi cers or other persons find sny per son upon a public highway or In a public -place, or in any other place, committing a crime in the pres ence of such person or officer, I such persons has the right -to ar - rest such person without a war rant, and an officer, after a law ! ful arrest has been made for a crime committed in bis presence has a right to search the person arrested for evidence or for his own safety or for the safety of the the public." The opinion also states further on this point that "if officers or ether pet-sots find sny person committing a crime in the presence of sack person or officer, such person has the right to arrest such per?on without warrant, and an officer, after a lawful arrest has been made for crime commit ted la his presence has a right to Three Dental Societies Meet Here Today Dentists of Willamette valley,, including members of the Marion-Polk- Yamhill OoCunty Dental so ciety and the Lane and Linn coun ty societies met here this afternoon in the Commercial club tor the purpose of promoting closer rela tionship between the organizations and to turther the Interest., of the profession. The principal speakers of the afternoon were: Dr. H. W. Titua of Cottage Grove on "The Merits ot Minor Oral Surgery in Connection With Full Denture Construction"; Dr. R. M. Graves of Eugene, "The Dentist's Responsibilities"; Dr. Barrick and Springer of Salem on "Oral Surgery and Extraction of Teeth"; and Dr. S. A. Bowman of Salem on "The History of Den tistry." The table of clinics were pre pared by Marion-Polk and Yamhill association. After the meeting this after noon a banquet was served this evening at the Marion hotel. New York. Mike Gibbons de feated Patsy Flynn in fifteen rounds last night. search the person arrested for evi dence or for his own safety or for the safety of the public." Relative to the search of ve hicles without warrant the attor ney general calls attention to the fact that the state prohibition law provides that any officer 'having personal knowledge or reasonable information that liquors are be ing unlawfully carried or trans ported by any boat, vehicle or other conveyance, shall search such suspected vehicle, boat or other conveyance without a war rant, and without any affidavit being filed." The opinion reads further that "if such officer finds on or in the boat, vehicle or other conveyance, intoxicating liquors unlawfully carried or transported, he shall seize the same and arrest any person or persons in charge of said vehicle, boat or other con veyance." Where liquor has been seized by officers in an unlawful search conducted without warrant, the attorney general holds that the proper proceedure Is for the own er of such confiscated liquor to make proper application to the court, which will then order that the liquor be returned. "The constitution requires that the place to be searched be par ticularly described, and there is nothing in the constitution which renders hotels or rooming houses immune from the operation of search warrants," the opinion reads in relation to the necessity of specific search warrants for searching premises occupied by more '.nan one individual. "Nor does tbe fact that an individual re sides in a hotel or rooming bouse deprive him of tbe constitutional protection against unreasonable search and seizure, and a room in a hotel has been deemed to be, by some courts, a man's castle, as much as a dwelling house ewned and occupied by a single individ ual and his family. If it Is de sired to search all the rooms in a hotel or rooming house, tbe rea sons therefore should be stated ia tbe affidavit which is submitted to tbe magistrate issuing tbe war rant, and sufficient facts should be set forth in the affidavit Justi fying the search of the entire hotel or rooming bouse." Tbe opinion also holds "that winie an oiricer may without a warrant make an arrest for an offense committed In his presence under statutes authorizing such arrests, such officer has no au thority upon bare suspicion or upon mere information derived from others to arrest a citizen and search his person." Punch Boards Are Lottery Says State Attorney General Punch boards are lotteries un der the Oregon statutes, according to an opinion written by Attorney General Van Winkle for the infor mation of Robert D. Lytic, district attorney for Malheur county. San Franclseb. Bert Ellison. San Francisco first baseman, wilt he out of tbe game tor several dsys hecenje of an. Injury received Roy Gardner Had Hand In Robbery Last Night. Claim Bandit Who Escaped Officers Near Portland Last June and Slipped Thru Fosse Lines In California Recently, Believed Hemmed In Again Today Espee Officers State Sacramento, CaL, May 21. Roy Gardner, escaped mail robber, today was identified by Ralph Decker, mail clerk on Southern Faific train number 20, which was robbed last night near Newcastle as the man who committed the robbery of the mail. The identification was made through a photograph. It has been established that the bandit took but one pouch from the train after ripping open 51 pouches and sacks and extracting much of their contents, it was stated. San Francisco, May 21. The pouch of mail' taken by a bandit, believed to be Roy Gardner, escaped mail robber, from a Southern Pacific train at New Castle last night, has been recovered with its contents and deputy sheriffs, railroad police and postoffice nispectors are on the bandits trail and believed to be surrounding him, the Southern Pcific head quarters here was notified today. Sacramento, Cal., May 21. Cir culars descriptive ot Koy Gardner, escaped mail robber, today were to be sent broadcast by federal offi cers and sheriffs' officers here as a result ct developments following the robbery of the mail car on a Southern Pacific train last night near New Castle, 70 miles north east ot this city, according to word from the office of the Southern PaclficSs chief despatcher here. According to the story told by Ralph Decker, the lone mail clerk on the train, a man boarded the train between Rosevllle, 18 miles northeast ot Sacramento and New Castle, and surprise Decker, whom he tied and laid on the floor of the mall car. He ripped open and rifled 51 sacks of mall Decker was quoted ass aylng, and when the train entered the yards at New Castle, the bandit pulled the emer gency cord and stopped the train. Tunnel Work Of Southern Pacific Will Start at Once Construction of a tunnel on the Portland-Oswego line'of the South ern Pacific railroad which will result In the. elimination of the Elks Rock trestle, will be started at once and rushed to completion before the end of the summer, ac cording to information received by the public service commission here this morning from the Port land office of the railroad. The project which is regarded as one of the most stupendous engl nerlng teats to be attempted in Oregon will Involve the expendi ture of several hundred thousands ot dollars. While the improvement is being made entirely voluntary on the part of the railroad company it is in line with recommendations of the commission's engineers made in a report last October in which a tunnel or the blasting away of tbe entire bluff at that point was suggested as the only solution for an increasingly hazardous situa tion. At the present time, with is trains oach way using this road daily, the point in question Is ne gotiated over a trestle. Much dif ficult has been experienced be cause ot rock slides, trains being struck in one or two instances. Recently trains have been flagged across the trestle in order to re , duce the hazard. I According to the plans of the railroad company as announced to the commission this morning I four crews will be used on the 'construction of tunnel working from both ends and tbe middle. Marine Engineers To Accept Pay Cut Washington, May 21. Acceptance of the 15 per cent wage reduction for marine engineers demanded by the Shipping Board, but with modification as to working conditions, is understood to be included in an agreement reached here to day at conferences between Secretary Davis, Chairman Benson of the board, and representatives of the Marine Engineers Beneficial association. Separate agreements, it is understood, will be signed by representatives of the radio operators and the seamen. The bandit jumped from the train as it stopped and ran to a waiting automobile, Decker's story said, which rapidly disappeared. Sheriffs' officers from Placer and Sacramento counties and po licemen from Sacramento went out in search of the man, whose de scription resembled trust ot Koy Gardner, convicted of an $87,000 mail robbery at San Diego and who escaped from a train near Portland recently while being taken to Mc Neil's island penitentiary. So convinced were officers that It was Gardner who held up the mall clerk last night that they early today prepared circulars bearing Gardner's photograph and description. Instructions cams from postal Inspectors in San Francisco to look for Gardner In Sacramento, as It was believed he had doubled back from New Castle and was hiding in this city. Growers Close Berry Pools Tl . , r 1 i , ( i lit I'M - live association has recently closed Its pools tor the signing of new acreage of berries, cherries and small fruits, and It Is not now ac cepting new acreage for these va rieties tor the time being, accord ing to R. C. Paulus, general man ager of the association. Mr. Paulus says that the asso ciation now has several large deals pending but has been unable to close them as large buyers so far, have been unable to judge their re quirements. Nor have they been able to place an estimate as to the price they are able to pay this sea son. Ex-Governor Of Florida Is Under Arrest Albany, Oa., May II. Sidney J. Catts, former governor of Florida was arrested today on a federal warrant from Florida charging peonage. His bond was fixed at 12.500 when he was ar raigned before United States Commissioner George White. Bond had not been furnished shortly before noon.