Capital journal. (Salem, Or.) 1919-1980, January 02, 1925, Image 1

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Capital journal., January 02, 1925, Image 1

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Newspaper Page TextFIND CITY EDITION Dill? average net paid circulation for month coding December 11, 1924 6366 Average tally distribution 1.7(1. Member Audit Bureau of Circulation!. FORTY-SEVENTH Coroner's Statement of Chemist's Findings Re garded As Exoneration For Foster Father. Chleaffo, Jnn. Z. The coro tier's chemist has found that Wil liam N. McChntock, known the "millionaire orphan" died of typhoid fever, Coroner Oec-ir Wolff announced today. The chemical examination disclose nothing abnormal. The findinse corroborated that of the pathologist employed by William D. Shepherd, fester fath er of the young man. who woe left the bulk of the $1,500,000 es tate by young McChntock 6 will. "We consider the coroner' statement a complete exonera tion of Mr. Shepherd," his law partner. Ralph Stoll said when Informed of the coroner's an noiincement. Mr. Shepherd has declared he would take prompt legal action against the persons he considers responsible for the investigation and which he declared had been directed against him. The report of Dr. W. D. MYNal ly, the coroner's chemist, corr.'b orates that of Dr. J. P. Stmonds o: Northwestern university, who was employed by Shepuerd to assist in the autopsy. The death of McClintock, Dr. McNally found, "was due to ty phoid fever complicated by a pre found secondary terminal fnt-vtl nal hemorrhage." The chemist's report was regarded by Mr. Sheyt herd and his associates as the cn of the official investigation, in Tiew of the statement of the state's attorneys assistants on Wednesday that their inquiry had deveKinc nothing on which to base further Investigations. OF HIS FATHER A Polk county case decided by the supi-enis court today was that of Ethel Rasmussen, now El Bowers, appellant, against Walter Rasmussen, growing out of the court's award of custody of their child, Leroy Raamuwn, after the divorce of the principals In the case. RaemusFcn was awarded a di vorce May 2, 1921, after Mrs. Ras niuscn had withdrawn her com plaint for divorce. The care of the child was given Rasmussen with the provision that she could have the risht to visit the child and have the child vltdt her at all rea sonable times and places. Rasmus- sen applied for a modification of this order by the elimination of the provision tint she could have the child visit her. She filed a counter application for modifica tion which would award the care ind custody of the child to her. His application was granted until further orders of the court, with a provision that she was allowed to visit the child once every two weeks for one hour each time. She wait not allowed to take the child from RnsmiiRrvn's home and he was not allow,, to remove the boy from Poik county without written cnnftnt of the court. R;is muwn had remarried nd under the order both he and his wife were to remain out of the room while the child's mother was pres ent. She appealed frrm this order Ramiissm and his wife live on I ft farm In Polk county where, says the supreme court, he is better able to cure for the child than he was at the time the divorce w.is obtained. The child's mother, now Mrs. Sowers, livi-s in Salem. $500,000 For Vale Project Washington, Jan. 2. An ap propriation of I r, 00.000 to be used In beginning the development of h. v.i. ..!. i . K.ujm ,u ui-,j rMu"in louay oi congress hy the bndgel bo lean. I Mflll HOT MILLiONAIRE ORPHAN NO! P0L1II1 SEoDY McCLINTOCK DIEP OF Capital YEAR No. 2 Senator Robinson Calls For Investigation of Influence Charges In Sugar Inquiry. Washington, Jan. 2. An in vestigation of the tariff commis sion was asked today in a reso lution offered by Senator Robin son of Arkansas, the democratic leader. The inquiry would be conduct ed by the senate finance commit tee with a view to determining whether any pressure had been brought to bear on members of the commission in connection with the sugar investigation. Under the rules the resolution went over for a day. Senator Robinson made no explanation be yond having the text read and its introduction led to no immediate debate. Postal Bill Approved Dashington, Jan. 2. The sen ate post office committee approv ed today the administration bill providing for Increases in postal salaries and rates. Kate Increases recommended by the post office department however were reapportioned so that second class mail will be charged considerably lees than originally proposed. Edee Blocks Power Probe Washington. Jan. 2. Charac terizing the federal trade com mission investigation of the so called "power trust" proposed by the Norr:s resolution, as a "fish ing expedition" Senator Edge, re publican, New Jersey, again blocked immediate consideration today of the resolution in th pen ate. IRGED 10 CONTESTANT IN HUNGER CASE Intimation of fraud and forgery connection with the estate nf Adcle Mincer, deceased, are made in an affidavit filed in circuit court by James G. Heltzel, local ! attorney. Heltzel is attorney for Louis Aslilimnn, executor of the estate, who had been made defendant In an action brought by John Min ger. John Minger, in his action, is endeavoring to collect $2,000 on note which he alleges Adele Minger made out to him before her death and never paid. In his affidavit Heltzel declares that the defendant in the action brought by John Minger believes that the plaintiff for several years prior to the death of Adele Minger possessed the motive, desire and ntent to cheat and defraud Adele Minger and her estate in case of death, out of considerable sums of money. Heltzel goes on to assert that the defendant believes that the pretended note involved in the ac tion was procured by the plaintiff either through fraud or forgery and that the defendant can obtain tun disclosure respecting matters surrounding the pretended note hy lamination of the plaintiff and the taking of his deposition before ue court, and he asks that such lamination he had and such deposition taken. ENGLAND LASHED BY GALE i.ont ,ii. Jan. 2 Another fierce gaic. too rourth within f.x days, struck Great Britain yesterday and wideirrad damage iit reported. Telirraph ana telephone wire are down In all dl-eetlons, and communication with the Imand -nd continent la greatly hamper- r.tl AO rh -I, ...ii . "" '"" " noon- and ninny hounds havs been In- umlateit. vtih casus Hit. numacou minor mm FOR MF MISSION Bootlegger Put Water in Booze Sold Customers When Deputy Sheriff Henry bmitu or stayton stepped from the stage here this morning he was in formed by Deputy Sam Uurkhart of Salem that J. M. Ehrenreich, al leged bootlegger, had pried loose the bars of the Stayton jail and made his escape while Smith was on his way to Salem. A woman named Hamilton, carrying a num ber of aliases, partner to Ehren reich, had escaped "from a Stayton hotel yesterday afternoon where she had been placed pending hear ing, being picked up by an auto mobile waiting for her in the out skirts of town, Smith states. Smith says that Ehrenreich and his woman partner were arrested a few days ago at Mehama after their car had gone into the ditch. They came into town to get their car dragged from the ditch. Smith was notified by a witness to the accident that the couple had taken Washington. Jan. 2. Official investigation Into tbe use n rney to Influence pending pos tal pay legislation has culmlnat ed In the suspension from duty of six veteran officials of the pos- tai service, the discharge of an employe of the senate postofflce committee, and the resignation of the clerk of the house postofflce committee. All six of the officials, located In as many cities throughout th country are members of the exec utive committee of the national post office supervisors and held some of the most responsible po sitions in the service. Some of the suspended officials whose service averaged more than zu yearn are: Peter McGurty, act ing superintendent of malls, New York city; James M. Greig. pos tal cashier, Boston; Peter Wiggle, ac.lng postmaster, Detroit; Har vey M. Tittle, assistant postmas ter, Springfield. Ohio; J. J Fields, superintendent of malls, Louisville, Ky., and William San som assistant superintendent of delivery, Chicago. The report of postal Inspectors. made public In a statement last night by Postmaster General New charged that E. H. McDcrmot the discharged assistant clerk of the senate committee, received $2600 to work for the Interests of the supervisors' association and that Frederick C. Riedesel, clerk of the house committee, re ceived a "gift" of $1000 from the association. Riedesel resigned. The Inspectors report, which gave a circumstantial story of the negotiations netween Mcuermot and postal officials resulting In the money payment, was based on an Investigation undertaken af ter the department of Justice had found that technically no law had been violated in the transactions. The facts in connection with tne justice department's Investiga tion were revealed for the first time In the postmaster general s statement. 4 DIE GREETING 1 New York, Jan. 2. Four de id a score hurt and more than a hun dred patched up In local hospital mad" up the toll of New Year s celebrations in New York, a che:k ot ponce records revealed todty. Two deaths were traced to poison liquor, one to a street brawl and the fourth to an automobile acci dent that occurred during tbe revelling. The lineup of those arrested for Intoxication was the sllmest since the advent of prohibition. The death of one of the victim of bad liquor at Bellevue hospital brought a total of IS deaths from the same cause during the Daat la days In that instit.ttlon. I SALEM, OREGON, FRIDAY, JANUARY. 2, 1925 a jug and a suitcase from the oar after It had tipped over, and put them over a fence by the roadaile. Smith, with the mrormant, made a speedy trip to iu scene of the accident, beating the wrecking crew and finding over the fence, as the informant stated, a galln jug of whiskey ana a suitcase con taining 10 bottles, empty save for about three ounces of water tti each bottle. Smith said Ehren reich told him that when he sold n pint of whiskey he poured the un adulterated booze into the bottle cont .ining the water, thus mak ing an additional profit. Smith says the woman partner of Ehrenreich was an attractive woman, about 22 years of age When the car went Into the ditch the couple were said to have been heading for a dance at Gates where they o:pccted to dispose of their wares. SAY SCIENTISTS Washington, Jan. 2. Per3on alarmed ly report ot a light cool ing off of the sun a year ago were assured there was no immineni danger of another Ice age in pa pers included among the score) prepared for today's sessions of the American Association for the Ad vancement of Science. Dr. A, P Coleman, of the Koyal Ontario museum of Toronto, and Professor W. J. Humphreys of the United .States weather bureau, agre;d that there had been no evident an vance toward conditions believed to be the cause ot previous ice ages. Glacial preioda ot the past can he best accounted for, Professor Humphreys believed, on the as sumption of great cnanges In land levels. Glaciers would descend tV mountains rnd, with the moderat ing influence of the seas shut off and possible volcanic dust reduc ing the sun's heat, heavy snows would remain through the summer and accumulate intil an ice age had set in. The conclusion that ice eras were more frequent at one time than In recent geologic epochs was presented In Dr. Coleman's paper, which reviewed evidence that the earth In general seems to be warni ng up. Production of sugar from dah lias as a commercial possibility was discussed in a paper prepared from chemical section by Dr. A. K. Jackson, of the bureau of stand ards. Sugar in the levulose form, which Is sweeter than other sugar, can be produced by a new cry. tiillzing process from both d.ihlinr. and artichokes, he Baid. i ABRAMS' PLACE Z. J. Rlggs, for many years druggist here who recently sold the Capital Drug store to J. H. Wlllett, Is an active candidate for the secretaryship of the board of control, now held by CarU- Abrams, to which place he was recently switched by a majority of the board of control from the secretaryship of the budget com mission. Rlggs Is figuring, It Is under stood that Abrams was for Myers as against Kay In the recent elec tion, that Kozer was non-commit tal and therefore against Abrams on tbe board of control Job, and also on the fact that Abrams la not qualified, as having had no buy- ng experience. On the other hand Higga figure, that he Is qualified aa having been In the buying game fua many years. Rlgga has made Informal appli cation to one member ot the board for the place. Hlgga and Kay have neur been political bedfellow,. owever. Pierce, nnnnestlonablr. will stand at for Abrams. fijoMraal mm mm 1 1 i ii- !r- . . I FRENCH IKE PROPOSAL OF Minister of Finance Sug gests 10-Year Morator ium In Communication To Secretary Mellon. Washington. Jan. 2 llli A. ciaieu press.) France's formal suouiiBslon of a plan for nettle. nieui 01 uer war time debt to 'lie united Mules has put a new face on what hitherto has been a higb- ij iruuuiesomo situation. - The Washington government ile sires for the present to make no comment on the step, pending a careful examination of the French note, out thero is manifest gratifl. cation that the settlement discus sions have produced at least a con crete proposal from l'aria. Hitherto French officials no; only have refrained from making sucn a proposal, and thereby iiiuviumg a oasis lor objective ne gotiations , but there has beer wme apprcner.sion over reports that Instead the debt might bo repudiated. The possibility now is regnrueu as aeunitely removed. Paris, Jan. 2. (Uy Associated Press) The French foreign office louay confirmed reports that ne gotiations had been opened be tween Finance Minister Clementel ana Andrew W, Mellon, secreti.-y of the United States treasury, re garding the funding of the French war ueot. A note signed by M. Clementel wem tui-waru luesuay. it suir- gesieu a ten-year moratorium and gives an indication as to what the French government thinks France might be able to do In the way of payments. Although the note is signed by the minister of finance, instead of hy Premier and Foreign Minister Herrlot, it Is admitted by the for eign office that It contains the first tangible propositions France has made townrd a settlement. It Is thought in official circles that M. Clemcntel's note cannot afford the basis for an actual set-J uement but that It will open a uiscusslon that may lead to a final agreement. It Is understood a similar note with similar propositions has been sent to London concerning the funding of the French debt to Great lirltain. British Not Opposed. Washington. Jan. 2. ( Uy Asso elated ress.) Offlelnls hers up parently see perul tendencies In the New Year dispntches fro:n (Continued on Page Six) ;Antonir opinions handed down by the. supreme caurt today was one from the lower court for Polk county in which moro than usual Interest has been shown. This is the case of the stato against Ciarenco P.rown, appellant, who was convicted in the lower Court for the unlawful possession of ma.uh for liquor making pur poses. Justice llrown-wrote the opinion of the higher court which Is an affirmation of the lower court, Judge Uelt presiding. Two accomplices of Urown, Jim Hubbard and Auntejle McCarter, who pleaded guilty, testified against Hrovn. The higher court admits that Rrown was not In ac tual po.wrasMn of the mash and tli.it it was In Hubbard', chicken house, but cites the law which de clare that, tach confederate la llablo for each act of an accom plice. Much evidence Is cited to show Urown's connection with the other defendants. Including deliv ery of the still by hJm In person dining th night. Ilia appeal waa r.n claim of errors by the court In the admission of teitlmony and In struction, to the Jury, he having mov".1 for Instructions to tne Jury to bring In a decree of not guilty. which waa denied by the court. SETTLEMENT TYPHOID FEVER Uuffes Annulment of Childless Marriages Dr. A. 8. Pinto, city health com miasioner of Omaha, Neb., has an nounced his belle! and Is adher ing firmly to it, denpite a storm of protests that childless marriages should be declared void after two years. Mrs. Pinto ts one of those who takes issue with the com mis sloner. New York. Jan. 2. Tho civile liner Mohawk, which caught lire yesterday while en route from Nov lorlc to Charleston anil Jackson ville, today was beached at Lewes, Del., officials at the steamship company , ottu ;a here announced I he ship Is safe. Lewes. Del., Jan. 2. The Civile nner Mohawk with 200 passenger from New York for Charleston and Jacksonville, caught fire in one of the wildest storms of tho pros- em winter on the New Jersey coast last night and ran into Del a ware bay to save the passengcra. The blaze, which started in th after hold, spread rapidly and all passengers were ordered to go reauy to leave the ship. The last radio report stated thn the fire was undcrcontrol and thn the passengers would be laided i.ewis a lid returned to Now Yorli or sent to their destinations. Ki fnr as Is known there were no cas ualties. The Mohawk left New York New Year's day about noon. The fire was discovered wnen the ahip wus iu miles ott sandy Hook. A higii nonneast gale, accompanied by snow, was blowing. Captain J. M Maples acted promptly and decid ed to run for tho Delaware capes at me same time sending out call for assistance. The Mohawk will return to New York and unload her genera ko. i lie steamer carries a crev; of 80. GIVEN ESTATE Portland. Or.. Jan Mnrin u. Jackson, widow of the late C. . Jackson. Is made sole heir t tne bulk of the estate under the terms of the will filed todav bv uiturncye anu admitted to pro bate by Circuit Judgo Tazwell One thousand dollars are will ed to Phillip L. Jackson, bis son and 11000 to C. 8. Jackson, a grandson, and tha will provide mat Julia Hobday, named with .tirs. Jackson and Phillip L, Jai-k- son as an executor of the estate. shall be paid 15000 for her ser vices. The will was made Sentctnbor ii, 1920, and witnessed uy Jos eph N. Teal and David II. Bmlth In their petition the heirs state that the value of th, estate is unknown to them. The princi pal property la the proprietorship of the Oregon Daily Journal, which C. 8. Jackson controlled. .-r x rVS1 v tit PRICE THREE CENTS gTNA8AINglvAg 3 WA1ERRIGHTS WARRANTTO ON SMI1 SEARCH HELD APPLIED FOR A NECESSITY Farmers of Stayton And Aunisville District File Application for Irrigat ing Lands. Farmers of the Stayton an.l Aunisville districts of Marion coun ty led by Henry C. Porter and A. E. Bradley, determined tbat irri gation must be established in that section, have filed with the state engineering department applica tions for authority to appropriate water from the Santiam river for Irrigation purposes SSeparato ap plications were filed by Porter and Bradley. The former covers 1220 acres. Irrigation has been hanging fire in that district for many years, but the extremely dry growing season ot 1924 demonstrated that irriga tion Is actually needed in the Wil lamette valley, and the farmers ap parently are determined to get It aa soon as possible. The filing of the farmers" im plications, however, haa precipi tated further controversy over the question. Their applications are being protested by the Santiam Reclamation company and t.le Western Oregon Development com pany, concerns organized largely hy the same men, and which have been engaged In internal litiga tion. As early as 1912 application were filed by these companies and permits subsequently allowed Originally they wore supposed to nave the works completed by 1915, but an extension of time was Riven until 1920. In the mid year their permits expired and Percy A. Cupper, who was then stato engineer, refused to renew them until tho Internal differences ot the promoters had been Ironed out. fhe permits have never been renewed. Filing of the applications hy the farmers has caused state Kngineci Uhoa Luper to Institute an investi gation, which la now In progress The land Involved, says Luper, of fers very easy Irrigation. The old application of the Kan- liam Reclamation company cov ered 20,227 acres and that ot the Western Oregon Development com pany b940 acres. HOUSE FAVORS . IDMV U rilMI PRESENT SIZE Washington, Jan. 2. Mainten ance of the regular army during the coming fiscal year at Its pres ent authorized strength ot 12,000 commissioned officers and 125,000 enlisted men, exclusive ot 8,000 bllippinc scouts, is proposed in thn war department appropriation bill reported today to tho house. As approved by the appropria tions committee, the measure. rafted by a sub-committee head ed by Representative Anthony, re publican, Kansas, carries $3.11,- .11,114 or J3.5S2.000 less than the amount available for ex penditure this year and about .100,000 less than budget esti mates. Of the total 2.r,8. 317,958 is for military and $72,813,156 for non military activities. Included In the allotments Is a 40,000,000 lump sum appropria tion for Improvements to rivers nd harbors the total proposed by the budget bureau for ex penditure during the fiscal year beginning next July 1, but an In- rease of $2,GT7.000 over the mount carried In Inst year', bill. for the army air service $14.- 700.000 or tho full amount recom mended by the budget I, carried. addition $2,150,000 Is nro- Ided for contract authorization, men the report pointed out. makes tbn total available for the r service approximately $2,700.- 000 moro than for the present year. THE WEATHER ORKGON: Cloudy east, unsettled with occaalonal rain west of tbe Cac eadea tonight and 8aturday. - - - Local: Mar. It; mln. 44; rlrer, lt.l; rain, .17; atmos., cloudy. Supreme Court Holds Search and Seizure of Liquor Without War rant Illegal. Search of the person of an In dividual suspect of having intoxi cating liquor in his possession by peace ollicers, except where such, officers are dm. armed with a search warraut, or where the sub ject of the search is legally under arrest before the search is made, ia llegal aud the evidence secured in such a search is not admissable la a trial at court. Such Is the decision of the Ore gon supremo court, handed down in the appeal oi t A. McDauid from the circuit court for Benton county this morLlug. The decision was written by Justice Pipes and is concurred In by Justice Bean Hand and Brown, with Justice Coehow writing the dissent ing opinion with the concurrance ot Justices Burnett and McBride. Is Record Decision The decision is the first passed down by the court on the legality of liquor searches without war runts. The case Involved the forceaol search of McDanU-i oy officers who Untitled at his trial that thcr smelled liquor on his breath; that ills overcoat was buttoned awry. and that his face was flushed, and also concerned the admlssabllity or tho testimony of the officer! and a chemist derived from an ex amination ot the wnisltey seized In the illegal search. Testimony de veloped the fact that McDanlel waa seized by one officer wall, another searched him. Following hia arrest and prior to his trial McDanicl filed application for thi return ot the liquor, alleging it to have been illegally seized. In tho justice court the petition waa denied, but it was in-anted by the circuit court, which held tu search illegal. The circuit court, however, per mitted the officers and a chemist who examined the seized liquor to testify as to the content, of th bottle. Must Have Warrant "An officer has the authority to search the person of a man when ho holds a search warrant issued to him by a magistrate or he may search a man who Is In Ilia custody by virtue of a legal arrest to answer some criminal charge p uling or in contemplation," aaya the majority opinion of the court. "It is admitted here that the of ficers had no search warrant. IE the search was legal. It must com, within the authority ot the offi cers to search the prisoner In tlielr legal custody to answer for soma crime. If It does not come within that rule, then it comes within the prohibition of the constitution against illegal searches .. "If the officer, therefore, did not have the defendant in custody 3n some criminal charge, at the time if the seurrh. ho vever strongly his breath, walk and conduct might indicate that he had lntuxic.it inn liquor on his persons, the officer Had no legal authority to search him for It. The officer had two courses to pursue: To arrest de fendant for the crime committed in his presence. If he was there ommitting a crime, and then earch his prisoner for the whis key, or, u not that, obtain a search warrant and search him, under 'hi authority of his warrant. "The question In whether the evidence proves an arrest and a search, or a :iearch and arrest. In the former case, the search w.ns legal. In the latter case It was il legal." Unlawful Search. The opinion points out that un lawful search of a person Involve, a restraint ot his liberty during 'lie ttmo or the search "and .therefore, in a sense. Is an arrest. "Hut that restraint Is not u arrest to answer a crime, but the means of makln;; the search. W.h-u the constitution nronihlts a search without a warrant it prohibit, tho force necest-nry to accomplish It." Touching upon the particular case of Mctani--1 the opiulun fur ther states: "As-uinitig. without deciding. (Continued on I'ago Fi.-e)