FIND
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niuscn had withdrawn her com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)