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