i is' 1 . LJT CIRCULATION Dally average for June, 6,169. Member Audit Bureau of Circulation. Member Associated Press Full leased wire service. - THE WEATHER OREGON: Tonight and Thursday fair; moderate northerly winds. Local: No rainfall: northerly winds; clear; max. 65; mln. SO; river minus .1 feet and falling. ' I . ..... Ml' FORTY-FOURTH YEAR NO. 158. - SALEM, OREGON, WEDNESDAY, JULY 5, 1922. pptpp TlXm rT?TTC ON TRAINS AND NBW8 x xvivrj i tU VrjXN 1 o stands five cents N n ,1 Xe I In I K IRISH REBEL RESISTANCE WEAKENING Bombardment of , Posi tions By Free State Troops Brings Feeble Response Says Report. Dublin, July 5 (By Associated Press.) Bombardments of the buildings occupied by the repub licans remaining in their Sack Tllle street stronghold was re turned at one o'clock this- after noon after a few hours lull. The Hammam hotel, which has been one of the principal points of the defense, was ablaze shortly after midday, and the flames were spreading to adjoining buildings ou the south. Shortly after the fire was observed in the hotel, what appeared to be a white flag was bung out, but when troops and firemen approached the build ing they were fired at and the supposed flag was withdrawn. ' The national army forces then trained an 18-pounder on the Hammam and on the general post office next door on the north, where the main forces of the Irish was believed to be concentrated. . The Gresham hotel in Sackvllle treet was blazing furiously at 2 1 o'clock this afternoon. DeValera Safe, Belief. London, July 5. (By Associat ed Press.) The Irish insurgents , in Dublin were holding out today, according to the latest of the mea ger advices reaching here. The national troops reopened their ar tillery bombardment of the rebel positions in O'Connell street last night, but the return fire was comparatively feeble. J Curiosity as to Eamon DeVa lera's whereabouts is still unsatis fied. While some reports say that, he, together wtlh Cathal Brugha, Harry J. Boland and Austin Stack, remained" within the bombarded buildings, the prevailing belief is that he and his companions are safe in another part of the city. f South Is Quiet. J Cork, July 5. (By Associated Press.) The south generally con tinues quiet, though the republi cans are active. The government forces forming the garrison at Broadford have capitulated to the republicans, " whose forces after a short engage ment also captured the barracks at Patrick's well. REPORT ON POLL TAX IS ADVERSE i Portland, Or., July 6. No poll tax for Oregon this decision was reached today by the state tax in vestigating commission, which en dorsed a report to that effect by Walter M. -Pierce, chairman of a sub-committee wuch had investl gated the poll tax question. The sub-committee reported it fouud the poll tax unsatisfactory in oth er states and that it had been most difficult to collect. The commission decided to make a tour of southern and cen tral Oregon, July 24 to 29, begin ning at Medfora, and visiting Roseburg, Eugene, Albany, Salem, McMinnville and Oregon City. This tour was postponed just be fore the recent state primary elec tion for political reasons. Discussions of members today indicated they were opposed to an additional tax on livestock and that vessels engaged in offshore trade should not be taxed. . O'CONKOE NOMINATED Fargo, N. D.. July 5. (By As sociated Press) J. F. T. O'Con nor, independent, democratic noro J nee for United States Benator, "will oppose Lynn J. Frazier, non partisan republican nominee, in the fall election, it was indicater today as returns on last Wednes day's primary from all but 1 1 counties of the state were being J.O.C.Wimer Celebrates His 89th Birthday -';?! rfce - W "f - Till ill 1.1. 11.111 I i J. O. C. Wimer, a res of Oregon since 1863 and since 1892, it today eel em ing his 89th birtnday. . J f ! Hale and hearty displt . ad vanced age, Mr. Wimer i ?' well known in Salem and ta (ally walks about the city to cnuv with his many friends. He makes his home with his brother, Edward R Wimer, at 1672 Center street. Mr. Wimer first settled in Yam hill county after a trip across the continent by ox team 58 years ago. He resided there for several years and then went to Ashland. Mr. Wimer was a contractor and builder by trade and built some of the first mills in Oregon. 869 VETERANS OF Marion county ex-service men to the number of 869 have already received the cash bonus awards aggregating $208,560, according to a statement prepared by Secre tary of State Kozer. A total of 267 Polk county ex-service men have received their bonus awards aggregating 64,080, the state ment shows. Altogether 14,665 cash bonus claims aggregating $3,528,729.68 an average of $240.60 and 396 bonus loan claims aggregating $750,210.72 had oeen paid by the state up to June 30, according to a statement issued by Secretary of State Kozer Monday. These figures allow for the deduction of a total of $83,703.19 from the bonus claims by reason of benefits received by the applicants under the soldiers' educational aid act, this amount being credited to the general fund of the state for gen eral governmental purposes. Kozer's statement shows that every county in the state has bene fitted through the distribution of bonus funds, 12,464 of the 14,665 claims being paid to present resi dents of Oregon.. A total of 2143 claims aggregating $516,808 have been paid to ex-service men who are now residents of other states and territories and 53 claims ag gregating $12,751 have been paid to residents of foreign countries. Warrants covering all bonus claims are forwarded to the ap plicants within a few days after approval of the claim by tlte state bonus commisison, Kozer declares. Oft the total number of claims so far approved only 22 remain un delivered because of the claimants change of address. FOREST FIRES IN L Dallas, Or., July 6. During the last two days eeveral new forest fires have broken out in the tim fered area of Polk county and pa trolmen have been kept on the lookout for new fires from the flying embers. Saturday and Sunday a big fire was burning in Socialist valley, a short distance from Falls City. Sunday a fire broke out in the vicinity of Bald mountain on the Falls City-Siletz basin road, but at last accounts it seemed to be under control. Banks Mill Burned. Banks, Or., JuTy 5. The lum ber mill, yard and six dwellings owned by the Murphy Timber company here, burned yeaterday afternoon. - The fire, of undeter mined origin, caused loss esti mated at $100,000, partly covered by insurance. The burned dwell ings were occupied by workmen. Hugh Latham and Sid Morley, f Silverton, spent Monday night islting in Salem. INVITATIONS TO EXECUTION ARE SENT OUT Relatives of Kirby and Rathie, Members, of Jury and Newspaper men are Notified Today Formal invitations to witness the executions of Elyie D. Kirby and John Rathie at the state prison here Friday morning are being issued today, according to Warden J. W. Lewis. The invi tations will be very limited In number and will include only the sheriff and deputy sheriffs of Umatilla county, Immediate rel atives of the condemned men, members of the coroner's jury and newspaper men. The time for the hangings has been set for. 8: 30 o'clock, only one of the condemned men mount ing the scaffold at a time. , Appeal Delayed Hanging Rathie and Kirby were con demned to hang for the murder of Sheriff Til Taylor of Umatilla county in July, 1920. The origin al date ol their execution was fixed for December 3, 1920, but a stay of execution was had when an appeal from the decree of the Umatilla county circuit court was filed with the supreme court. Following the affirmation of the decree of the lower court by the supreme court, the two men were returned to Pendleton for resentencing and the second date for their execution was fix ed for December 2, 1921, within a year from the first date. Execu tlon at that time was stayed through the issuance of a reprieve by Governor Olcott pending the outcome of habeas corpus pro ceedings brought in a final effort to save the two men from the gallows. This reprieve was is sued for thirty days and at the expiration of that time, the su preme court not having acted upon the proceedings already in stituted the governor extended the reprieve until July 7. Second Appeal Fails When the supreme court up held the constitutionality of the capital punishment act which had been attacked in the habeas cor pus proceedings attorneys for Kirby attempted to secure a writ of error from the court on which to base an appeal to the United States supreme court and falling in this they went directly to the higher court where again they met with failure. Kirby and Rathie since the date of their first sentence have been confined in murderer's row at the prison here and have been model prisoners. They have ap parently become reconciled to the fate which now seems certain and Rathie has accepted the Cath olic faith being baptised in a service at the prison Sunday by Father Buck prison chaplain. Since the return of capital punishment to Oregon only one execution has been staged at the state pison that of Neil Hart who was hanged on November 6, 1920, for his part in the Taylor murder. 3000 SEE AQUATIC SPORTS Three thousand people witness ed the water sports at Riverside park yesterday which included four aquatic contests. The prizes were won as foHows: Women's fancy diving contest First prize, bottle of perfume giv en by Central Pharmacy, Marga- retta Moore: second prize, brick Ice cream given by the Spa, Paul ine Moore. Men's 100-yard swimming race First prize, bathing suit, given by Anderson & Brown, Verden Hackett; second prize, order for chicken dinner given by the Gray Belle, Donald Davidson. Women's 50-yard swimming race First prize, women's" silk hose, given by U. G. Shipley & Co., Maude Moore; second prize, $2 box of candy by the Spa, Pauline Patterson. Fifty-yard swimming race for boys under 16 First prize, quart brick of ice cream given by the Gray-Belle, Walter Chance; sec ond prize, season ticket for River side park, Lester Ezell. Diving contest for boys First prize, rred Jobelmannp second prize, Claude Grimm. j Ten-Acre Patch Of Strawberries Returns $1870 What strawberries will do, even In a dry year, is shown by the re cord made this year by C. H. Fish. er of route 2 who has ten acres planted to Wilson strawberries be tween the rows of trees In bis prune orchard northwest of Salem in the Polk county hills. He de Hvered to the Phez company, 17 tons and 306 pounds of the finest quality berries ever received at the plant which grossed him $1870 Had this been an average season, with the average rain fall, his yield would have been more than doubled. His orchard is in one of the highest ridges overlooking the valley. L: IS Charles N. Landen, arrested here yesterday afternoon by Chief of Police Moffitt on a charge of contributing to the delinquency of a little girl, was today held In the Marion county jail in lieu of $1000 bail demanded for his re lease by Judge -G. E. Unruh, of the Salem justice court, before whom Landen was arraigned this morning. Landen, who said he expects the arrival here of an attorney from Berkeley, Cal., within a few days, will be re-arraigned before Judge Unruh next Monday. Landen was arrested on com plaint of the mother of a seven year old Salem girl who claimed to bave been attacked while her mother had left her alone with Landen while the latter was in their home. At the police station Landen insisted he was Innocent of any crime and expressed surprise that such a charge had been filed against him. He was arrested at a local hotel while he was pack ing bis belongings. T A small crowd attended the Chautauqua program yesterday afternoon when Electra Piatt and Vernor ' Stone, master comedians, kept the audience in uproarious laughter for thirty minues, follow ed by the stirring address by J. C. Herbson, lecturer and leader for moral reform. Mr. Herbson used for his topic, Life's Balance Sheet," using for his theme the thought that to De good Americans a person should primarily have a healthy body, and to have a healthy body tt is necessary first of all that the par ents be free from all diseases. "The way to make sure that there will be no such cases is to pass eugenic laws," according to the lecturer. In continuing his lecture he said: We Americans have got to get over saying "let George do it.' No one ever succeded that way and the only way to reach the top of the ladder is first work; second work, work; third, work, worx, work." In the evening the Piatt-Stone duo preceded the speaker of the evening. Dr. Elmer Lynn Wil liams, in thirty minutes of laugh ter provoking jokes and readings interspersed with some novelty music stunts. The most interest ing of the musical stunts was the clamping of an ordinary saw to a table aiyl by means of the violin bow playing a solo. Mr. Stone also rendered a solo on a one- stringed instrument resembling a violin but made from a cigar box. 'The Big Game," the topic of Mr. Williams' address, was a re view of what he has done in the line of helping clean up certain districts of Chicago. His talk was a testimony to what could be done if a person was willing to tight for right even against odds. He also recited many of the amusing incidents connected with his work. Mr. Williams, as pastor of the Grace Methodist church . of Chicago, has earned for himself the name, "The Fighting Parson." This afternoon and evening will close tbe seven-day tbautauq.ua here. The Gil wan Opera company will present tbe programs. i MAN HELD FOR 1000 CHAUTAUQUA TO COURT DOCKET HELD OPEN TD HULL CONTEST Judge Bingham Advised Suit May Be Filed Here Today or Thursday, But Report Doubted. Declaring that he had been in formed that Charles Hall, defeat ed candidate for the republican gubernatorial nomination in tbe state primary election of June 19, would file his contest against the nomination of Ben W. Olcott in the circuit court here today or tomorrow, Judge George G. Bing ham announced from the bench this morning that he would leave the court docket as open as pos sible to allow an early hearing of the contest. Judge Bingham declared that, should the expected contest act Ion be filed here within the spec ified 20, day limitation period fixed by statute, he would give the case precedence over all oth ers on the docket. The time limit In which to file a contest pro ceeding expires Thursday. Locally it is thought doubtful that Hall will contest the nomina tion, as any contest filed at1 this late date must be prosecuted un der the corrupt practices act, by which it would be necessary to charge and prove his opponent guilty of fraud in connection with the election. The time limit for Hall to ask a recount on tbe grounds of a miscount In any or all precincts expired five days after Governor Olcott filed his acceptance of the nomination with the secretary of state. TENNIS TOURNEY Matches in the seventh annual Willamette valley tennis tourna ment began this afternoon on the courts of the Salem Tennis asso ciation. Due to the fact that a number of the players did not ar rive on time the playing did not begin on schedule. Players from the University or Oregon, and the Willamette uni versity and O. A. C. were numer ous among the entries. Among the notable players are Irene Campbell, Oregon state cham pion, Harry Stevens, winnr of the men's singles last year, Mil ton Frohman and Mary Ann Bish op and Dorothy Ettinger of Port land. The matches to be played off this afternoon will be between Lewis vs Lenon, Paulusvs Smith, Greenbaum vs Needham, Stevens vs Bates, P. Lewis vs Darby, Joy vs Jones, Sardam vs Warren, Klncald vs Reler, Wright vs Walsh, Gabrlelson vs Parr, Brown vs Young, Albrlch vs F. Smith, Houston vs Hutchinson, Gray vs Culbertson, Doney vs Mathis. T TO STATE PRISON Bakersfield, Cal., July 5. John H. Vitelle, convicted by a Jury of assaulting Dr. Dwlght R. Mason In a recent Ku Klux Klan raid at Taft, Cal., was sentenced here to day by Superior Court Judge J. W. Mahon to serve an Indeterminate term in states prison. Vitelle is a veteran of the Spanish-American and world wars and formerly served on the Boise. Idaho, and El Paso police forces. RUNAWAY 6IRL IS FOUND Florence Middleswart, said to be a runaway from Portland, was located at a local rooming honse this afternoon by Police Sergeant Walter Blrtchet. Miss Middleswart is 15 years of age. She will be re turned to Portland this evening. About 175 cords of wood were detsroyed by a blaze Saturday morning In tbe South Baker yardf of Ihe Sumpter Valley railroad. BEGINS KU KLUXER SEN Strikers Interfere With Mail Trains Is Government Report Washington, July 6. Interfer ence with the movement of the United States malls by striking railway workers in different parts of the country was reported today to the office of the superintendent of railway mall service. The re ports came from Marshall, Texas; St. Louis, Chaffee, Mo., and Kan sas City and Qulncy, Mo. Norfolk, Va., July 6.-The Nor folk Southern railroad has can celled three of its passenger trains because the shopmen's strike has made It necessary to conserve mo tive power, it was announced to day. Aurora, 111. July 5. The Chi cago & Northwestern railroad to day announced the annulment of six short run trains in Illinois and one between Chicago and Clinton, Iowa, because of the rail shop men's Btrike and the coal strike. The short run trains are in north eastern Illinois. Nashville, Tenn., July 5. The management of the Nashville, Chattanooga & St. Louis railway, on which the time limit for the re turn of striking shopmen has been fixed at 6:80 o'clock this after noon, reported today that 479 men reported for work this morn ing. Boston, July 5. Officials of the Boston & Albany railroad, after a check up of repair shop forces to day, reported more men at work than on Monday. Train service It was said, continued normal. Full forces of maintenance of way workers were on duty at im portant yard centers, the road's statement said. Parkersburg, W. Va., July 6.- About 50 negroes bave arrived here from eastern and southern points and Will be employed as car cleaners in the Baltimore & Ohio railroad shops, it was an nounced last night. MOFFITT CLASH Councilman H. H. Vandervort, Ralph Thompson, chairman of the police committee of tbe council and Chief of Police Moffitt were the principals in a rather warm argument at council meeting Mon day night when Mr. Vandevort ac cused the police of discrimination In the matter of handling law vio lators and declared that, If the police committee were unable to handle the police, a new commit tee should be named. Replying for the committee, Mr. Thompson declared that the body of which he Is chairman has very little power over the police de partment and added that he was tired of feavlng charges thrown toward htm. Mr. Vandevort had accused the police of allowing a Salem man to go free when he appeared to be under the influence of liquor, and had declared that favortlsm bad been shown. In replying Chief Moffitt intimated that Mr. Vande vort 's charges were the result of misinformation The man whom Mr. Vandevort had believed drunk, he said, was merely dazed from an accident In which he had figured. An Investigation at the scene of the accident was made immedi ately, Moffitt said, by him and Patrolman White, but they were unable to find any Indication that booze had ben in the car or on its driver. Consequently, he said, no charge was tiled againBt the man. E SEPTEMBER 22 Oregon City, Or., July 5. Rus sell Hecker, convicted Saturday of first degree murder for killing Frank Bowker, was sentenced to hang Friday September 22. Cir cuit Judge Campbell in imposing sentence delivered a lecture to the youthful defendant, who had ad mitted on the stand that be killed Bowker April 16 while they were on a trip to buy 15 cases of whisky. VANDEVORT AND STRIKERS SEIZE LROAD SHOPS AT SLATER, MO. Slater, Mo., July 5. (By Asso ciated Press.) Striking shop men here have seized the Chicago & Alton railroad shops, driven out non-union men brought in to work and are holding tbe shops this afternoon. Eighteen men were driven from the shops today. Yesterday 25 were driven out. Union officials said the non-union men were placed on trains and sent from the town. Other reports -declared that the non-union men were merely taken from the shops and that they left town voluntarily. Sheriff John Logsdown is on his way here from Marshall, Mo., the county seat. Alton officials said that three guards employed by the railroad at the shops had been arrested by local authorities and placed In jail and that their property was with out protection of any sort. - SETTLEMENT IS PHEZ CO. OFFER By paying the Phez company the difference between the market price and the contract price on all berries Involved in a lawsuit over an alleged breach of contract dur ing 1919-1920 by July 1, the members of the Salem Fruit Union and all berry growers Involved In the litigation will save themselves at least $50,000, according to W. H. Trlndle, one of the attorneys for the Phez company. The case whjch has been in court for the last three years, was decided In the lower court In fav or Of the growers but was taken to the supreme court by the plain tiff where tbe former ruling was reversed with Instructions to take an accounting from the union and the independent berry growers. Papers which will compel an- ac counting for all berries grown during the two year period were filed In court Monday afternoon. In effecting the settlement with the growers who are the defend ants the Phez company figures that a saving of about 2 cents per pound will be made to the grow ers. L PLAY AT HOSPITAL The Salem band, under the di rection of Oscar A. Bteelhammer, will tonight offer a special con cert for the benefit of Inmates of the state tuberculosis hospital. Members of the organization vol unteered to give the program for tbe patients. No announcement of the pro gram was made by Director Stee bammer this afternoon. A vocal, solosist will also be secured for the evening, be said. SEYEN CASES PLACED ON JULY COURT DOCKET Seven cases were set for hearing this morning In Department No. 2 of the circuit court while a greater number were continued until September. Judge Bingham announced this morning that there would perhaps be no court during August. The cases set, among which is the suit of tbe Phez company vs. the Salem Fruit union, are as fol lows: July 6, Eastman vs. Helse- ly: Juiy 7, Alf vs. Alt; July 7. State Land Board vs. Gay; July 8, Whitney vs. Whitney; July 8, Lar son vs. Stlffler; July 8, Tate vs. Tate; July 10, Phez company vs. Salem Fruit Union. COMPROMISE IN SALEM BAND WIL DESERTIONS F GROW LARGER Workmen Who Walked Out in Face of Labor Board Order Returning To Shops Is Report. Chicago, July 5. (By Associ ated Press.) Striking railway shopmen who walked out in an swer to the nation-wide call from the headquarters of the six shop crafts unions here last Saturday, were reported drifting back to work today in groups of uncertain size. Today was considered the turn ing point in the strike of the 350,- 000 to 400,000 workers. Although responding generally to the call last Saturday, railroad officials In sisted today that many of the de fections were due to the desire of the men to take a holiday over the Fourth of July. Jewell Denies Reports. Local union reports to the of fice of B. M. Jewell, head of the shopmen, reiterated the union claims that the strike was 100 per cent effective at all points report ing. Freight handlers, clerks and stationary firemen and oilers join ed tbe deserting ranks of shopmen at various points, although fully as many shops reported that men were returning to work today. Sacramento Men Back. Sacramento, Cal., July 6. Twelve hundred and thirty-nine shop workers employed by the Southern Pacific company in Sac ramento returned to work today after the Fourth of July honaay, it was announced by Division Su perintndent Thomas Ahern. There are slightly more than 2500 on the rolls, it was stated. At the Western Pacific's local shops only eight men returned out of about 300 late employed, It was announced by A. H. Powell, shop superintendent. Taooma Ranks Waver. Tacoma, Wash,, July 6. The first break in the shopmen's strike here was indicated today wheu a call went out for a meeting of all employes of the Northern Pacific shops who bave been more than 20 years in the service, for the purpose of forming an organisa tion. It could not be learned whether or not the leaders of the move ment plan to form an organization to deal with the United States railroad labor board, as suggested by Chairman Hooper of the board. San Francisco, Cal., July 6. The situation created by the strike of railroad shopmen produced op timistic statements on the part of both factions today as far as Cali fornia is concerned. According to J. H. Dyer, general manager of the Southern Pacific company, many men were returning to work at Sacramento, Log Angeles and else where, while L. S. Gordon, secre tary of the Federation of Railway Employes of the Southern Pacifio system, said more men were going out. Shopmen Flay Lone Hand. Chicago July 5. (By Associ ated Press.) Railway shopmen who walked off their jobs last Saturday played a lone band In the rail strike today when fears that other unions would join the striking shopmen were virtually dispelled. The first wide rife In railroad strike circles showed yesterday when maintenance of way em- (Continued on page five) AMERICAN LEGION WILL ELECT STATEDELEGATES Election of delegates to the state convention to be held at The Dalles, the latter part of the month, will be held at a meeting of Capital post No. 9 of the Am erican legion in the armory to night at eight o'clock. . Delegates were elected at the last special meeting but the elec tion was found to be irregular because of the date. It is there fore necessary for the post tr af firm the delegates as elected or to reopen the nominations. ROM RANKS