Capital journal. (Salem, Or.) 1919-1980, July 05, 1922, Image 1

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1 . LJT
Dally average for June, 6,169.
Member Audit Bureau of Circulation.
Member Associated Press Full leased
wire service. -
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 . .....
x xvivrj i tU VrjXN 1 o stands five cents
,1 Xe
I In I K
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supposed flag was withdrawn.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.
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. .
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
Celebrates His
89th Birthday
W "f
- Till ill 1.1. 11.111 I i
J. O. C. Wimer, a res
Oregon since 1863 and
since 1892, it today eel
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.
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.
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.
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
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
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.
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
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.
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,
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
here. The Gil wan Opera company
will present tbe programs. i
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
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.
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.
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.
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
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.
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.
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.
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
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. -
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
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.
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
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.
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
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
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
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
The first wide rife In railroad
strike circles showed yesterday
when maintenance of way em-
(Continued on page five)
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.