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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (March 21, 1922)
A?AR 2 3 1922 CIRCULATION Average for February 6671. Population ot Salem, 1900, 4258 1910. 14,094; 1920, 17,679. Marion County, 1920, 47,177; Polk County, 1920, 14,181. Member of Audit Bureau of Circu lation. Associated Press Full Leased Wire. THE WEATHER OREGON: Tonight and Wednes day rain; moderate southwesterly winds. LOCAL: Rainfall .03; southerly, winds; cloudy; max. 68, min. 41; river 7.6 feet and rising. FORTY-FOURTH YEAR NO. 68 SALEM, OREGON, TUESDAY, MARCH 21, 1922 PRICE TWO CENTS KrAvTS H 1 vja h jx wuwiy 'm 1 - -IX 0T TO. DEATH AT r n BAY VOTE ON BONUS THURSDAY Hughes Denies Agree ment Exists for Fu ture C o o p e r a tion With Great Britain Washington, March 21. The soldiers bonus bill will be taken up by the house Thursday under suspension of the rules under plan agreed upon today at a con ference between Speaker Glllett and Chairman Campbell of the rules committee. The speaker, It was said, has agreed to entertain a motion to suspend the rules. Mr. Campbell said he would call a meeting of his committee tomorrow at which he will ask committee members to re port a rule designating Thursday as suspension day with a proviso taut four hours debate on the bill shall be provided. Need Two Thirds Under this procedure a two- thirds majority would be neces sary to pass the bill. No amend ments would be permitted nor would it be possible to make motion to recommit the measure. Those in charge of the legisla tion were confident that it would receive more than the two-thirds majority. They expected the vote to come before adjournment Thursday after two hours of dis cussion on each side. Effort to Protect Friend Results In Defender's Death Nashville. Ark., March 21. The police today were searching for masked men who late yester day shot and killed Walter Gibbs, 25 years old, as he attempted to protect Joel Harris, about 60. Harris was taken outside of town and whipped severely after the killing of Gibbs. McCredie Claims New Baseball Not So Good As Old Stockton, Cal., March 21. Walter McCredie, manager of the Seattle club of the Coast league, Is the first manager to complain about the new rubber-center base balls which have been adopted for this year. Last year the league used a ball with a cork center, but this was thrown out as being too lively. ' "These balls are not exactly fitted for our purpose," McCredie said. "Maybe we haven't the best grade of ball or maybe the skip, diamond here is to blame. The bulls seem. bigger and deader." Burnett, McCourt And Rand Are Again To Be Candidates me lormal declarations of George H. Burnett, John McCourt and John L. "Rand as candidates for the republican nomination for justices of the supreme court were filed with Secretary of State Koz ei mis morning. All three are uuvy memDers ot the supreme Dencn, Burnett presiding as chief justice and McCourt and Rand oc cupying seats on the bench as as sociate justices. Burnett in his slogan declares for "just administration of the constitution and laws without fear or favor." McCourt's slogan reads: "Pres ant '" .c -ibent. Loyalty to the law- , ;lce to litigants." R : slogan reads: "Present inci 5 it. Support and defend the stitution. Maintain the ' J hree platforms are identi cal Is'ng the candidates to 1U' t.. the constitution nf ths Ui 5 States and the constitu te the state ot Oregon and to fa ily and Impartially dis ci J! the duties of a justice of tl preme court of this state according to the best of their abilities. ' " Burnett became a member of 'he supreme court on January 1 1911, and Is now serving his sec ond term as chief justice. He was born in Yamhill county, May 9, 1853. McCourt was appointed to the bench by Governor Olcott In Oc tober, 1921, to succeed Justice Chales A. Johns, who had resign ed to accept a position on the su preme bench of the Philippine island. Hand is also an appointee of Governor Olcott, taking his seat on the supreme bench October 19, 1921, as the successor to the late Justice Henry L. Benson. Is Candidate !- , s v. I HANGING LEGAL IN OREGON Supreme Court Denies Writ of Habeas Cor pus to Kirby;v Holds Statute Valid Justice John McCourt Goverment Must Refund Huge Amounts Washington, March 21. Mil lions of dollars In income taxes collected by the government must be refunded according to an in terpretation by Internal Revenue Collector Blair of the supreme court decision in the case of Smle tanka, collector, against the First Trust & Savings bank of Chicago, officials said today. The supreme court held that in come held and accumulated by a trustee for the benefit of uaborn or unascertained persons was not taxable. The bureau, it was ex plained, had been holding such income taxable and as such casef generally Involved large estates, it was believed that the refunds made necessary would rua into millions. ATTACK ON TREATY IS RESUMED Speaker Agrees To Entertain Motion To Suspend Rules; Four Hours for Debate Playgrounds Held Need; Probe Asked By Council; Conference Is Due Soon At the regular meeting of the city council last night it became apparent that several interests in Salem, including the Rotary club, the Salem Woman's club and mem- bars of both the council and the school board, are anxious to deter mine if it will be feasible to es tablish one or more children's playgrounds in the city. A motion put by Alderman John Giesy last night that the committee on public works be in tructed to confer with the Salem Woman's club and the city park board with a view to devising ays and means to establish one or more playgrounds in the city, nd to report back to the council s early as possible, carried with out a dissenting vote." Today It was said that one of 'he proposed playgrounds ' might be located In the oak grove, own ei1 by the city, north of Union trcet, between Capitol and 12th Greets. "The Salem Woman's club be lieves that the oak grove would be ' Ideal location for a play ground," Mrs. W. E. Anderson. President of the club, said this horning. "Investigation has shown that eiuipment could be Purchased for about $600 and "ie, of course, would be quite. permanent. It is near the grove that Salem children are in the habit of swimming in the summer time and, with some supervisor on the grounds, the boys and girls would be much safer." A meeting to which representa tives of the council, the Rotary club, the Woman's club, the Y. M. C. A., and other organizations will ho invited, and at which the nlaveround matter will be thor oughly discussed, will be held in the near future, it was said. At the council meeting last, when two new fire hydrants were purchased. Alderman Hal Patton suggested that the city is paying too much for its water. "The city spends $450 each month in this manner " he said, "and I believe it would be well for the commit tee on fire and water to investi gate and determine not it would be to me cuy - ad vantage to be placed on a meter." His suggestion, put in the form of a motion, carried. After a short discussion ine claim of G. F. Lltcnneia, mail carrier, whose wagon was struck by the police car on the morning of February iu ana ged to some extent was pam. jar. Litchfield, who said tnat nis ve hicle was damaged considerably, was paid $29.75. ' Washington, Mar. 21. Presen tation in the senate today of a letter from Secretary Hughes de nying flatly that any secret agree ment exists for future British- American cooperation, led today to another effort by opponents of the four power treaty to send it back to committee. , The effort brought on a warm debate. -The secretary's letter, charac terizing suggestions of such an agreement as "absolutely false" was laid before the senate by Senator Lodge, the republican leader and member of the arms put Into the record a telegram delegation who at the same time from Paul D. Cravath, New York attorney, denying the accuracy of a statement on the same subject attributed to him by Senator Bo rah, republican, Idaho. Reiterating a denial made in a former communication that any secret agreements existed with other powers in connection with the arms conference, Mr. Hughes wrote In today's letter that he hoped to see no "further aspers ions upon the veracity and hon or of the American delegates. The text of Secretary Hughes' letter, which was addressed to Senator Lodge, follows: My dear Benator: I notice that the latest charge in the course of the debate over the four power treaty is that there is a secret agreement or understanding be tween this government and Great Britain with respect to Pacific matters. Any such statement Is absolutely false. We have no se cret understanding or agree ments with Great Britain in re lation to the four power treaty, or any other matter. 'In my letter to Senator un derwood on March 11th in rela tion in the four nower treaty, I said: 'There are no secret notes or understandings." "Permit me to express the hope that the American delegates will be saved further aspersions upon their veracity and honor. "Faithfully yours. "Charles E. Hughes." Mr. Cravath's telegram embod ied the statement issued by him last night in New York, in which he declared the words attributed to him in the statement read by Senator Borah in the senate yes terday were either inaccurately quoted or did net correctly con vey his meanings. Referring to a r,aBire in which Mr. Borah quot ed him as saying he naa oeen iu.u of the "understanding" fcy every member of the American delega tion, Mr. Cravath said ne naa id fact never talked with any dele gates on any subject "remotely resembling" the alleged interna tional agreement. The validity of the capital pun ishment act is upheld by the Ore- on supreme court in an opinion handed down this morning affirm ing the decree of Judge George G. Bingham of the Marlon county circuit court denying a petition for a writ of habeas corpus for the release of Elvle D. KIrby.-from the Oregon penitentiary where he Is held under sentence of death for participation in the murder of Sheriff Til Taylor of Umatilla county. The validity of the Oregon cap ital punishment act was attacked by attorneys for Kirby on the ground that it was a violation of the bill of rights, from which. It was contended, no privilege here tofore granted could be subtract ed. Power Not Questioned. "Most of the state constitu Hons have been amended in some respects," declares the opinion which is written by Justice Mc Court. "Usually these amendments have enlarged the powers already vested In the state government. In every such instance there resulted a surrender of powers or rights reserved either in the bill of rights or elsewhere In the constitution (Continued on Page Five.) Rickard Jury Filled; Trial Is Postponed New York, March 21 Selection of a jury to try Tex Rkkard on a charge that the widely known pro moter had criminally assaulted 15-year-old Sarah Sboenfeld was completed this morning. Court then was adjourned until the mid dle of the afternon in tribute to the memory of Supreme Court Jus tice Hitchklss, whose funeral takes place today. Rickard, who has been locked up in the Tombs during his trial, entered the court room today aft er having spent the night with Al fred E. Llndsey, alleged swindler of society women, as a cell mat. Rickard was up bright and early. He ordered a hearty break fast and on reaching court spent several mlntues chatting with newpapermen. HOT FIGHT IN COUNCIL IS FUTILE Both Reports on S. P. Relief Matter Last Night Turned Down by Aldermen The longest, most bitterly press ed debate staged in the Salem city council for two years, opposing sides of which were led by Alder men John Giesy and F. L. Utter, each of whom is a candidate for mayor, came to nothing last night when their brother aldermen, aft er hearing a majority and a mi nority report from a special com mittee which probed the needs of the Salem Street Car company, at the request of T. L. Billlngsley. manager, refused to adopt either report. The Salem street car situation Is now as it was In the beginning. Following the meeting Mr. BU- lingsley refused to Indicate what steps the company, which claims steadily to have lost money, will take. Early in the meeting the ma jority report of the special com mittee signed by Chairman Utter, A, H. Suter and Hal Patton, and the minority report, signed by Mr. Giesy and A. F. Marcus were read, and the long debate which fol lowed occupied the greater share of the session. The majority re port recommended that the city refuse any of the requests made by the car company, while the mi nority report held that certain concessions should be made. Belief Is Advocated, The minority report advocated In- part: That the Southern Pacific com pany (which owns the Salem street car system) be permitted to operate the street cars at inter vals of not more than SO minutes on Center street from 17th street to the state hospital and on 17th street to the Garden road. That the Southern Pacific com pany be relieved from obligation Old Free Lunch Resuscitated; Pffender Jailed New York, March 21. Joseph Zettled, 65, awaiting grand Jury action on charges that he violated the Volstead law, today is unique In the view of police and prohibition officials as the one known Man hattanite to have resuscitated the pre-war free lunch counter. Police officers who Invaded his Washington street apart ment yesterday claim to have found a familiar brass' rail be fore a lengthy mahogany bar with a table standing to one side heavy with relics of free lunch days, including the in dispensable and now neutral liquid. Moreover, claimed the detectives, they were served with two drinks of whisky at a total cost of 25 cents, on pay ment of which they were invit ed to partake of the free lunch. Mileage Book Statute Held to Be Illegal .(Continued on page two) Debate Is Won By Wfllamette Accessories of Cars Stolen By Youth. Is Claim A youth, about 18 years old, who gave his name as Johnny Shaffer, was arrested last night by State Officer Dave Brown and was today charged with larceny of auto accessories. This morn ing he was held in the Marlon county jail and this afternoon he will be arraigned before Judge G. E. Unruh In the Justice court. Shaffer, according to officers, makes his home at Woodburn and is a Hungarian. Today he stout ly denied that he knew anything concerning the thefts of which he is accused. Officers claimed that young Shaffer stripped one car complete ly and sold its tires and accessor ies. "Dubs" Wins Draw from Bob Dawson "Dubs" Mulkey, Monmouth boxer, and well known to Salem ringside fans, was given a draw In the fight with Bob Dawson of Eu gene, at the smoker held Saturday night at Sutberlln. Dawson was recently handled by Carl Miller of Eugene, who Mulkey defeated some time ago Id a smoker here. Willamette university won last night with a two to one decision over the boys of the University of Redlands, California, in debate. The question was "Resolved, That the union shop should prevail in American industry." Willamette had the affirmative. The Redlands team based Its case upon three issues namely that union shop means a closed ahop, that unions are unreason able in their demands and seek to curtail production, and finally that it would be dangerous to give the unions full sway in Industry by permitting them to prevail The negative Interpretation of the word prevail was that It meant that trade unionism would be placed into every shop and busi ness in America regardless of whether unions are there now or not. Willamette's constructive argu ment showed that unionism did not necessarily mean either the closed or the open shop exclusive ly but might meah neither, and that the principle of collective bar gaining found In unionism is sound. The negative made a counter proposal, stating that they were in favor of unions within a cer tain sphere but that unionism should be supplemented by a shop committee plan whereby laborers negotiate with employer without the aid of unions that labor should not look exclusively to unons but to both these plans. Sheldon Sackett, Robert Littler and iUjbert Katson defended Wil lamette, while Douglass McPbee, George Brown and James Brough er spoke for Redlands. The Judges were Coach A. C. Thorpe of U. of O., Professor F. A. Magruder of O. A. C, and Justice McCourt of the state supreme court. Washington, March 21. A ma jority of the members of the Inter state commerce commission Is a statement presented today to the house commerce committee, held that the bill recently passed by the senate directing the commis sion to order the sale of inter changeable mileage books at a rate lower than the existing tar iff -was unconstitutional. Commissioner Esch declared a majortiy of the committee believed the bill's provisions would deatroy contractual relations between the roads. "If this becomes law," Mr. Esch said, "the BaltImore& Ohio rail road would be required to sell books which would be good on the Santa Fe In a different part of the country, when there Is no contract relation between the two roads." Urging passage of the measure, Senator Polndexter, republican, 'Washington, declared the fixing by the commission ot a reasonable wholesale rate for interchangeable and lnter-state mileage books would give the roads Immediately a considerable income which just now would be of great benefit to them, and at the same time it would give a great Impetus to travel and business. SLAYER OF BURGESS AND PERRINGER IS (ILLED BY GUARD Repeated Threats to "Get Somebody" If Not Leased from Bull Pen, Result In Death of James Ogle When He Throws Rock at John Davison Early This Morning Washington, March 21. The name of m Hr Piles of Seattle, Wash., will be sent to the senate soon for confirmation as Ameri can minister to Colombia, it was anaounced today at the White House. Mr. Piles Is a former sen ator from Washington. Taxpayers Rap Millage Bills Portland, Or., March 21 Heat ed debate over the 1.2 millage tax for the University of Oregon, the Oregon Agricultural college and the state normal school marked today's session of the Oregon Tax Reduction league. A majority re port recommended repeal ot the law, while a minority favored its retention, the division began 11 to 7. Dean Walker of Lane county at tempted to prevent J. B. Zlgler, delegate at large, from speaking, charging Zlgler had made deroga tory remarks regarding conduct of students of the state Institutions in the war. Zlgler made denial of the charge and finally obtained the floor." A committee on continued or ganization was announced. James Ogle, serving a life sentence in the state penl- tentiary here for the murder of George Perringer and J. O. Burgess, at the Claremont Tavern, near Portland dur ing a robbery two years ago, was shot to death in the Davcourtyard of the isolation ward of the prison by John Duvison, a guard, shortly after 7 o'clock this morning. Ogle according to Davidson" had thrown a rock about the size of a baseball at him, Just missing A8 head and was making a move as if about to throw again when he fired at him, striking him in the left breast, killing him instantly. Davison, who has been a guard at the Oregon penitentiary tor about two years, shot and killed "Tiger" Johnson, a convict in tfie Walla Walla penitentiary sever al years ago, while employed as a guard at that institution. Tried Once to Escape Ogle who had been confined In the "bull pen" at the prison here ever since he attempted to make an escape by sneaking into the line of workers being taken out side the prison walls about a year ago, is said to have threaten ed to "get somebody" and to make his escape from the prison unless he was liberated from the "bull pen" by March 19. Davison who was on guard on the wall sur rounding the "pen" had been warned of Ogle's threat and cau tioned to keep a careful watch ot his movements. When he hurled the rock this morning, Davison stated, he figured that the time for the threatened break had ar rived and when he made the move as if to throw again he fir ed. Ogle at the time of the shoot ing was taking his daily nour s exercise which Is granted to each of the convicts who are confin ed to the "bull pen." The dead convict was about 34 years of age .His father, W. E. Ogle, lives at Boise, Idaho. Ogle's record includes prison terms at the Monroe, Wash., reformatory and the Doer Lodge, Mont., and Walla Walla, Wash., peniten tiaries. Says Ogle Desperate Several months ifb, Davison stated to District Attorney John Carson, who conducted an lnves tlgation of the killing this morn ing. Ogle violated the rules gov erning men confined In the "pen ' by leaving the path upon which their exercise must be confined. (Continued on Page Five.) French Troops To Replace Yankees r Paris, March 21. (By Associ ated Press) The American troops on the Rhine who have been or dered withdrawn will be replaced In the Coblens bridgehead by the French, who now occupy the sec tors on both sides of Coblenz. The only consequence of the withdrawal foreseen In official circles here is a possible Interpre tation by the Germans that it is In a way a sign of disapprobation of the allied policies toward Germany. Washington, March 21. The government filed a motion in the supreme court today to dismiss its suit against the North American Oil Consolidated, Pioneer Midway Oil and the Union Oil companies ot California, to restrain them from operating on land claimed as a part of naval reserve number two under a presidential proclma tlon of December 13, 1912. No Change Is Made In Name of West Salem In spite ot the fact that 159 names have been suggested, the community may yet remain Wesl Salem if the will of the majority Is carried out. Such was the tone of the meeting of the WeBt Salem ctly council last night. The majority of the West Salem Ites do not want to give up their privileges of rural delivery for a postoffice which would necessitate a trip of some length for a great number to get their mall. Under the present system the West Kalem mall leaves the Salem postoffice at 7 o'clock and deliver ies are made at an early hour, without the recipients going any further than their front gate to receive It. If the name Is changed It will probably be "Klngwood," a peti tion containing 150 names having been presented to the council last night. Further discussion on tbe change will be held next Friday night. W. T. Grler filled the vacancy left in the council by the resigna tion of C. M. Robinson. Oregon Guard Tram At Camp Lewis Seattle, Wash., Mar. 21. More than 6000 national guardsmen from Oregon, Utah, Idaho and Washington will receive Instruc tion at Camps Murray and Lewis and Fort Worden, Wash., during the coming summer, according to a tentative achedule forwarded from headquarters ot the Ninth corps area at San Francisco to Brigadier General Maurice Thomp m son, adjutant general ot Washing ton. The encampments of the var ious contingents will be held be tween July 9 and 23. Troops to be trained at Camp Lewis, under the tentative sched ule include company A, 116th combat engineers and 146th bos- . pltal company, 162ind Infantry, First battalion of 168th infantry, battery A, 148th field artillery, Oregon national guard; batteries C and D 148th field artillery, Ida ho national guard; first battalion 145th field artillery with medic al detachment, Utah national guard; 146th field artillery, bat tery A, corps artillery, Washing ton national guard. Companies 483, 484, 485 and 498, coast ar tillery, O. N. O. wit! receive in struction at Fort Worden, as will the coast artillery companies ot the W. N. Q. The following Washington guardsmen will encamp at Camp Murray: 161st Infantry, troop B, 58th machine gun squadron and 116 til ambulance company. Italians Hope For Prosperity From Sessions Rome, March 21. (By Associ ated Press.) As the date for the assembling of the Genoa confer ence approaches, greater Interest Is being shown by the Italian pub lic and hope is expressed that the meeting will serve to bring about the economic reconstruction of Europe and lead to a much need ed era of prosperity. Public opinion here Is In accord with that of England on nearly every problem to be discussed, but the Italian financial commission does not share tbe British point of view on one ot the most Im portant questions having to do with finance. England Is reported as favoring a scheme for ttie definite stabili zation of European currencies, equivalent in countries where exchange is mucn depreciated, to virtual scrapping of the present currency, which would be replaced by currency having a gold basis. It Is remarked that would be only acceptable to countries whose currency has definitely depreci ated, and not by other, like Italy, who lirmly believed In the event ual recovery ot their finances. Dixon, 111., March 21. Miss, Mildred Butler, 16, who was shot last evening by her Jilted lover. Nick Smith Jr., 19, will recover, hospital attendants said today. The youth -tier shooting the girl turned the weapon upon himself and put a bullet through his heart. Hi