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.