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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Nov. 29, 1921)
I A ' " TT TI1E WEATHER OREGON: Tonight and Wednes day rain west, rain or snow east portion. Fresh to strong southerly gales, , LOCAL: Rainfall .12; southerly winds;, cloudy; max. 50, mln. 40; river 13. a feet and falling. aim oTUlFTnl SL'fjiM" SL VU IX "I I'll Isllon Leased Wire. jrVTHIRD YEAR NO. 285 SALEM, OREGON, TUESDAY, NOVEMBER 29, 1921 PRICE TWO CENTS ON TRAINS AND NEW? STANDS FIVE CENTS ai ... i ..II. W'.viii n II ii n ft ii foreign POWERS AGREE ON 'Commission To Probe of Courts 'Efficiency In China Before Fin al Action Washington, Nov. 29. (By As eociated Press.) The nine powers In conference on Pacific and Far EaBtern questions today adopted solutions providing for relin qulshment of foreign extra-territorial rights in China. The resolution provided for withdrawal of foreign courts in China should an international commission, which is to make a study of Chinese laws and court practice, find that the Chinese judicial system Is adequate. , After adopting a resolution dealing with extra-territorial rights, the delegates, in executive committee session, continued dis cussion of Chinese requests tor withdrawals of foreign troops. Meeting Postponed, Washington, Nu. Z9. (By As tociated Press.) The meeting to day of the "big five" naval ex- ptrta, the first general conference of the naval men scheduled for nearly a week, was postponed un til tomorrow at the request of one of the delegations. No official itatement as to the reason for the postponement or the delegation mating the request was given. To Act on -roposal Washington, Nov. 29. Presi lent Harding'3 suggestion for i continuing conference of nations is expected by administration of ficials to become the subject of forial discussion before the pres ent conference ends. Lane May Attack Law on Hanging; Loophole Looms Mm C. Lane, Portland attor ney, who is in Salem today, inti mated that he will file suit here n with a view to testing -the constitutionality of capital pun ishment. Details concerning his Plan were not divulged. He fur ther hinted, however, that he has jonnd what he believes to be a 'oophole through which he may attack the provision. '. ' Should Lane carry out his plan, J suggested, a further stay of ex Mon for Kathie and Owens, no face death on the gallows in connection with the murder of Sheriff Til Taylor, of Pendleton, ould probably be forthcoming. i i PROGRAM Railroads Are Given Until December 14 To Justify Tariffs Washington, Nov. 29 The rail-' will be given from Decem r to 21 to justify in hearings Present level of transportation UrSw. the interstate commerce fission announced today in '"S public a questionnaire to enaT'"- M 18 tended to lnT8 interegt lB tionts. generaI inTeettga ft. e"nmiesion is Jo make. are a8ked whether wsal! ,? rea3onable ln th hoj. ln th" country as a tori, " reMonbl in the terri kt h eroupa an " not to Wtcnt ter need modifica PARLEYS Courts JURY TRYING CASE OF Here is the jury of thirteen that tot rieht) : Bailiff Harrv McGovern Reef. Thomas Kilkenny. Mrs. Kitty (who Indicated an aversion to being photographed) and William H. Torpey. Seated: Mrs. Adeline M. Nelson, Clarence C. Sayre, Arthur H. Crane, Mrs. Dorothy B. O'Dea, Aug. Fritze and John J. H. Dierks. 25 DIE IN BUILDING COLLAPSE Theater Under Con struction Falls and Buries Workmen In Debris New York; Nov. 29.---Fifteen or twenty workmen were believed to have been killed today when a new theater in the course of construc tion at Bedford and Park avenues, Brooklyn, collapsed, according to early police reports. At the Vernon avenue police station the number of dead was estimated at twenty-five. Fifty workmen were engaged in the new structure, the American theater. A hurried roll call indicated that about half of them had been buried. Shortly before 2 o'clock four had been taken from the ruins and rushed to hospitals. Sylvester Rosenthal and S?nuel Moskowitz, the contractor.', who were detained on a technical charge of homicide, told the po lice that about thirty-five men working In the orchestra pit when the roof and north wall fell in. They estimated that about ten had escaped being buried. Buggy Struck by ' Auto; Damage Is Done; None Hurt One wheel was broken and the frame was damaged on a buggy which was strucn last evening about 5:30 o'clock by an automo bile driven by Phil Brownell, of Salem. Mr. Brownell, who report ed the accident to the police, fail ed to learn the name of the rig's driver. The crash occurred as both bug gy and automobile were proceed ing west on the Center street bridge. The buggy had no lights according to the report. tion. ' It asks definite financial showing as io what returns the carriers are earning and what prospects they have for the fu ture; what has been done to re duce operating expenses, by what changes up or down have already been made in individual commod ity rates and what has been ex pended on maintenance. The commission also invites argument as to what rate of re turn railroads should ba antitled to earn upon their property hold ings after March 1. 1922. when the transportation act's per cent standard of railroad ajarnings ex pires. in China Slated 16 G - are trying Roscoe ("Fatty") Arbuckle. Those standing are (left and the followine Jurors Alternate Stephen E. Hopkins. Henry J. McDonald. Miss Louise F. Winterburn, Mrs. Helen F. Hubbard Not Guilty Plea Is Entered by Mrs. Wurtzbarger Portland, Or., Nov. 29 "Not guilty" was the plea Mrs. Alma Louise Wurtzbarger entered in the federal court here Monday afternoon to the indictment charging her with murdering her husband on the Cbemawa Indian reservation September 4. United States District Judge R. S. Bean set her trial for Jan uary 10. Mrs. Wurtzbarger through her attorney, Bert E. Haney, previously demurred to the indictment, on the grounds that the federal court had no jurisdiction in her case. The demurrer was overruled. The woman was returned to the county jail by a deputy marshal after entering her plea. Committee To Select Kiwanis Club Officers Members of the Kiwanis nomi nating committee which will se lect prospective candidates for the election of the club's officers which will be held December 20, were named today by Roy Shields president of the organization, at its luncheon in the Marion hotel. Edward Schunke, Carl Gabriel son and Lloyd T. Rigdon were named on the committee. The by laws of the organization provide that any ten members of the club can also made nominations other than those made by the commit-tee- Harry Levy reported on the re sponse of other clubs in the city to the movement to establish a centralized charitable organiza tion, and stated that the Kiwanis club had sent out 50 letters and that there had bene about 20 rep resentatives from different organ izations at the meeting last night. A musical program in which Claude Stevens featured his dago song, and a violin solo by Miss Iva Clare Love formed the enter tainment part of the luncheon to day G. E. Terwilliger won the at tendance prize, given by W. I. Needham of the Capital National G. Winstock, representative of the Metro Film corporation, de livered a short talk. Police Seek Sixth Suspect of Show House Robbery Portland, Or., Nov. 29 Police today were seeking John Printer, alleged to have been the sixth per son involved in the recent holdup of the Liberty theatre here. The police said he had the major part of the loot. Mrs Paul Ordlechuck of Llcn ton. was taken into custody by the police as a material witness. They allege the loot was divided at her home. Wa-hiiJKtnn. Nor. 29. Senator Penrose of the senate finance committee announced today that i,rinn on the permanent tariff hill would be resumed on Decem ber 7 The tobacco schedule win be taken up first and the cotton schedule next FAIL; ARBUCKLE ....Mn-iWirtimaJ. i Federal Agent Here To Probe Records of Postal Candidates Who gets the political plum of Salem namely the postmaster- ship 01 me city win soon De.ae cided. C. W. Paine, district secretary of the civil service commission ar rived in Salem this morning with a view to investigating the char acter, business ability and educa tional qualifications of the ten candidates for office. C. Rudi- ford, inspector of the district, will also be on hand within the next few days to aid in making recommendations for the office. There will be no academic ex amination according to Mr. Paine, who stated that he would call on representative business men of the city for their opinion as to the ability of the candidates to handle the office, and their moral standing in the community. The results of the investigation will then be sent back to Wash ington, D. C, and the lucky can didate announced. Politics will play no part in the selection. "We are going to make this a non-patrtisan recommendation as we think this is better for the service," stated Mr. Paine. "We will make our recommendations and let the civil service do the rest. " ' " The ten candidates for office are: Walter L. Tooze, Carle Abrams, August Huckestein, Herbert Haid, Leroy Hewlltt, Herman Schellberg, John H. Far rar, Andrew A. Lee, Thomas C. Smith, and Arthur E. Gibbard. State Issues , Flax Growers t Fund Vouchers Due to the recent agitation brought about by an investigation of the state flax industry mad y the Marion County Realtors' as sociation recently, the state board of control has issued vouchers to flax growers of the community who held contracts with the state for their product. The vouchers are merely a prom ise to" pay the different amounts due the growers which in the ag gregate amounts to $31,000, no funds being available at present for the state to issue warrants. As soon as funds are available, however, state officials say, war rants will be issued. The vouchers will act as a means by which the growers can borrow money on the indebtedness of the state to them. Henry B. Miller Called to Death Portland, Or., Nov. J 9. Henry if. Miller, educator, ex-conui-gen- eral for the United States, con. tractor, builder and on of the first orchard ists rn the Rogue river valley, died at his home. 509 East Twenty-first street North, at T o'clock last night. He was. 7 years and 1 months old. He suf fered a stroke of paralysis several years ago from which ne never fully recovered. 0 $210 Given To City As I Day's Fines Yesterday' was a fairly profit able day for the city of -Salem. Two hundred, ten dollars dropped into the City treasury as a result of arrests made over the week end. ? George Kuschnlck, arrested by Sergeant Clyde Ellis, paid In $120 when.he pleaded guilty to trans porting Intoxicating liquor and to cutting a corner with his automo bile. ..Floyd Gland, colore, paid 50 after he Sad pleaded guilty to j brine drunk and -disorderly; : L, L. Miller found jruijtyof speed ing at a hea'ringvln "the "police court, paid a fine of 1 20; ' Paul Staley forfeited $20 which he had put up on a speeding charge; and Max Sims, of Portland, forfeited $20 which he had placed with the police as bail. . : Bulletins Washington, Nov. 29. The banks ol issue of the al lied nations have invited the ' TTnited States government to name an advisor to partici pate in a conference abroad on the question of exchange fluctuations resulting from payments of the German in indemnity, it was said today officially at the treasury. Vader, Wash., Nov. 29. Bobbers who some time dur ing last night pried open safe deposit boxes in the Lit - tie Falls State bank of Vader escaped with liberty bonds and negotiable papers to the extent of several thousand"' dollars, according to bank of ficials. Although they opened the vault, the robbers were unable to enter an inside safe containing the bank's cash. Seattle, Wash., Nov. 29. Ben Willeford, proprietor of a road house at Union Mills, near Olympia, Wash., was ar rested here today on a war rant charging him with pos session of stolen goods in con nection with the robbery of $150,000 in negotiable bonds and securities from a South ern Pacifio mail train at Sac ramento Cal., last May 19. Accuse Warden of Misuse of Prison Funds Helena, Mont., Nov. 29 Charg ing mlsanDropriatlon of state property approximating $200,000 in connection with the manage- ment of the Montana state peni tentiary by former Warden Frank Conley, the report of investigator T. H. MacDonald was today sub mltted to the prison commission by Governor Joseph M. Dixon. Governor Dixon, just before leaving for a conference of gov ernors at Salt Lake City, recom mended to the prison board that some immediate action be taken looking to the institution of the restitution of the alleged misap propriated property. Action on the report probably will be deferred until a full mem nership of the commission is pres ent. Attorney General Rankin was out of the city today and the report was merely submitted at a meeting of the governor ana tec retary of State S. T. Stewart, the other two members. The Roosevelt highway between Gardner and Florence baa bn lo cated by federal engineers and the route is now being selected be tween the later town and Heceta head. UPHOLDS RIGHTS Of Supreme Court Holds That Remarriage Does Not Forfeit Dower Rights Remarriage and removal to the home of her new husband does not disqualify a' widow to claim and have set apart to" her . the I exempt property of the estate of her deceased husband. Neither can the election to ac cept a fee simple ln lieu of dower be regarded as a substitution for the widow's right to have the ex empt property set apart to her. These, in brief, sum up the opinion written by Justice Mc Court and handed down by the supreme court this morning ' re versing the decision of Judge George Tazwell of the probate court for Multnomah county ln the case of Jacob Iltz, adminis trator of the estate of Henry Iltz, deceased, vs Katharine Krieger formerly Katherine - Iltz. The opinion remands the case to a new trial with directions to the cir cuit court to make n order set ting apart to appellant -the real property in question as exempt property of the estate of Henry Iltz, "deceased. Homestead Bight In another opinion also writ ten by Justice McCourt ln the case of the estate of Harry E. Leet, deceased, vs Bertha G. Barr, administratrix, et al, ... the decree of Judge Tazwell is also reversed and the case remanded for a new trial. In this case, affecting the homestead right of the surviving husband, the opinion holds that "the power of testamentary dispo sition of the homestead property conferred upon a married woman by statute, is subordinate to the authority conferred upon the pro bate court to set apart the prop erty to her surviving husband for his support and that of the minor children." In remanding the case for a new trial the court directs the cir cuit court to enter an order set ting apart to appellant the real property described In appellant's petition as exempt -property of the estate of Mary B. Leet, deceased. Mother Is Ousted And Seeks Jail . "Mrs. Mary Peters was given a bed in the jail tonight. She caid that her daughter, who lives on 21st street, bad driven ber from her home." That was the whole story, as re lated ln the meagre item on the Salem police blotter. The incident was closed for the desk sergeant when the iron door had clanged on the elderly woman's back and he had set down on the blotter the details relating thereto. It was 6:10 when the old lady entered the station. Tho sergeant, busywith other things, first look ed up when a violent gust of wind slammed shut the heavy door which leads to the department of police. The woman, Mrs. Peters, was sixty and gray haired. She paused at the desk, undecided. Tbcn she told her story, very briefly, very brokenly. Her daughter, she said, didn't want her. She had ordered her to leave. Now Mrs. reters must find some place to sleep. It was very ch)fy outside. Pe destrians jammed their hands far ther down in their overcoat pock ets and pulled up heavy collars. Inside the station the sergeant had procured his large key-ring. Mrs. Peters was taken to the woman's cell. This morning it was learned that Mrs. Peters owns 17 acres of land In Josephine county. Au tborlties intimated that she may be sent to the locality in which her property lies. The American Legion post at Marshfleid has created a building fund from which, when the fucd reaches the necessary strength, it will build a home for the organ isation. WIDOWS Rix, Alleged Auto ,, Thief; to Go Free; Evidence Lacking James Rix, who was arrested in San Diego, Cal., on November 22 on information furnished by Chief of Police Motfitt of Salem and who was accused of being an interna tional automobile thief, may be re leased tomorrow. . ' Evidence sufficient to prosecute Rix is lacking, according to Dis trict Attorney John Carson. Rix was said to have sold a car several months ago to O. A. Chase, 1294 South Thirteen street for $800. Later, according to local officers, the machine was found to be the property of a Canadian. PERJURY CHARGED TO WOMAN Falsification of Tes Witnes3 Case Is timony by In Arbuckle Alleged San Francisco, Nov. 29. A warrant charging Mrs. Minnie Neighbors of Los Angeles, a de fense witness, , with perjury in her testimony in the Roscoe Arbuckle manslaughter trial was procured today from the bond and warrant clerk's office by District Attorney Mathew Brady. Brady said be would take the warrant before a superior judge this attsrnom for issuance. Mrs. Neighbors had testified that in August, 1921, Virginia Rappe to whose death if is alleged Arbuckle contributed, was a guest at Wheeler's Hot Springs, near Los Angeles. Brady applied for a warrant for Mrs. Neighbors' arrest after two persons had testified today tbit Miss Rappe was elsewhere at the time specified by Mrs. Neighbors Mrs. Josephine Tiardnbeck, housekeeper for Miss Unripe in l.us Angeles, said Miss Uappe, "had never been away over nigh;' dur ing the time covered in Mrs. Neighbors' statement. ... Mrs. Mary Paulln, hostess at Wheeler's Hot Springs, said Miss Rappe's name did not appear on the register and she bail no recol lection of having seen Miss l'appe. The prosecution expects to com plete rebuttal evidence- today in the 'Arbuckle case. The defense anounced It does not expect to in troduce any sur-rebutUI or tui swering evidence. Gavin McNab, chief defense counsel, announced his willing ness to submit the case to the jury without argument. The prosecu tlon did not make known Its de cision ln this regard. A hotel to cost $50,000 and other Improvements valued at double that amount are contem plated at Boswell mineral springs, two miles north of Drain on the Southern Pacific railroad. France And Italy Ask Inclusion Of Navies Limitation Plans Washington, Nov. 29. (By As sociated Press) Both France and Italy are very anxious that the question concerning the limitation of tboir naval armaments should come before the conference to gether with the settlement of tne naval strengths of the three larger powers. Italy's . principal interest is that no nation should have an ab solute control of the Mediterran ean sea, and insists on a navy equal to that of any Mediterran ean country. At present the navy competing with Italy ln the Medl terranean -Is that of France. Italian official papers give the strength of the two fleets as fol lows: - Dreadnaughts: Italy 6; France 7. Pre-dreadnaughts: Italy 4 France 4. Armoured crullers: Italy I, of which two are obsolete; France 10, the greater part obsolete. Light cruisers Italy 10; France 5. BMim PLANFjOR PEACEIS REFUSED Craig Predicts Total Disruption of Con ference Before Next Tuesday . . : Belfast, Nov. 29. (By Associ ated Press.) "By Tuesday next these negotiations will have broken down or the prime minister will send me new proposals for consideration by the cabinet," said the statement made by Sir James Craig to the Ulster parliament to day, with regard to the Irish peace negotiations. . He said he Jnad told Prime Minister Lloyd-George, that the British government's proposals to Ulster for the settlement of the Irish question, were utterly Im possible. He said Ulster would not enter an all-Ireland parliament under the present conditions, but was prepared to discuss other ave nues for settlement. New Proposals yormine. London, Nov. 29. (By Associ ated Press.) It was authoritative ly stated after the British repre sentatives to the Irish conference had met this afternoon that Prime" Minister Lloyd-George would en deavor to formulate new propoili for an Irish settlement, following Ulster's refusal of the British cab inet's original offer. . Immediately following the re ceipt of Sir James Craig's state ment on Ulster's position, Mr, Lloyd-George this evening su.n money Arthur Griffith and Mich ael Collins, the principal Sinn Fein delegates, to a consultation ia Downing street. Hotel Register Introduced In Stillman Case Foughkeepsle, N. Y., Nov. 29. -As a defense in the paternity of Guy Stillman, the register of the St. Regis hotel in New York was introduced today in the divorce suit of James A. Stillman against Mrs. Anne U. Stillman to show that Mr. and Mrs. Stillman had a suite of rooms where for two weeks beginning February 15, 1918, nine months before the birth of Guy. On February 16, it was said, the register' disclosed that Fred beuu valB,'part Indian guide, who Mr. Stillman alleges Is Guy's father, was assigned to a room at the St. Regis, and a notation made to charge it to Mr. Stlllman's ac count. Just before the hearing began, Mrs. Stillman arrived by train and walked to the chambers of Ueteree Daniel J. Gleason. Mr. dtHlmnn, as usual, was not ln attendance. Light cruisers: Italy 10; France 5. Flotilla leaders: Italy 8, of which three are under construe tlon; France one. Submarines: Italy 43; ol which 12 are under construction; France 51. Both Italy and France lost a considerable number of their aux iliary ships during the war, but their losses ware replaced with the part of the fleet surrendered bjr Germany. Washington, Nov. 29. (By As sociated Press.) The French and Italian arms conference delega tions, it was learned today, have occasion to talk -with each other on the subject" of the relative na val strength of their respective countries. The French position Is that France has no objection whatever to Italy having the same slse navy as France, which it ia contended should eventually b 300,000 tons of capital ships and 76,000 tons of submarines.