TO RAISE ISSUE OjgdEUGIBILITY OF. NOSER
i M 1 a .
C apital JtJonrinial
CITY EDITION
THE WEATHER
OREGON: Fair tonlgbt, colder In
eaat portion, Tuesday Increasing cloud
Iness, moderate southerly winds.
Local: Max. 52; mtn. 41; rain, 17;
river, (.1; atraos., cloudy.
Dally average Del paid circulation lor
month ndinc December SI, 192e
6366
Average dally distribution 6. 706.
Member Audit Bureau of Circulations
FORTY-SEVENTH YEAR No. 16
SALEM, OREGON, MONDAY, JANUARY 19, 11)25
PPTfK1 THRTT'Tf' fTrMTQ ON TRAINS AND NEWS
vw--, w.' STANDS 'IVH CENTS
I?
CHALLENGE
MOSER'S RIGHT
10 SERVICE
Bomb of Sizeable Propor
tions About to Explode
In Senate Affects Val
idity of Legislation,
(.Uy Hurry N. Grain.)
The first real bomb of sizeable
proportions hovers just over the
heads of the state senators today
as the thirty-third legislative as
lembiy buckles down to the work
( the second week of its session
The hand that clipa the thread by
which it is suspended may easily
embroil the upper ha use in con tro
ve rsy that can shake or shatter its
organization anu disrupt the
whole prugraui as now outlined.
Wrapped securely within this
highly explosive package is a
query as to law and tact -and a
challenge.
It challenges the right of Gus
G. Aloser, president of the eenue,
not only to the chairmanship of
that augus( body, but seriously
questions his right to a seat In tlie
assembly, asserting that he is not
eligible by reaaun of a coneii
tutionul Inhibition which forb:!s
persons holding a lucrative office
under the etate government from
Bitting in either house of the leg
lslature.
Section of article 2 of the Ore
gon constitution bears directly
upon such circumstances as thote
under which Moser eits in the sen
ate from Multnomah county. It
reads:
"No person holding a lucrative
office or appointment under the
United States or under this state
shall be eliigblc to a seat in the
legislative assembly
Senator Moser is and was at th
time he was elected and qualified
for office, attorney for the Po'l
of Portland, a direct political sub
division of the state.
The question is one for the sen
ate to decide for itself, for, also by
constitutional provision, each
Aouse is the "judge of election.
qualifications, and returns of its
ovn members." But there are
many considerations entering into
their decison which should cause
the senators to proceed with cau
tion.
It Is not just a matter of t'
personal choice of the senators as
(Continued on Page Six)
P
PGR RAIL CLERKS
Chicago, Jan. 19. (By Assoc!
ated Press.) The United States
railroad labor commission In a de
cision today granted an increase
In wages of approximately $3,
740,000 to clerical service em
ployes on 43 railways In all sec
tions of the country. The em
ployes affected do not include
those clerical service employes
taken care of in a decision of the
board a year ago.
The increase ranged from one
to two cents an hour for the
classes Included, and grew out of
a failure of the Brotherhood of
Railway and Steamship Clerks,
Freight Handlers and Station
Employes to agree with the roads.
The railways affected by the
order Include the Chicago, Mil
waukee and St. Paul, Great North
ern. Northern Pacific, Pere Mar
q not to. Southern Pacific and
union Pacific systems.
MJSTER'CnwOi)
BE RETURNED TO PRISON
Indianapolis, Ind., Jan. 19.-
Gerald Chapman, to whom crhnf
Nfcnging from robbery to mur:l:r
.Ave attributed and who wai ar
retted at Munice, Ind., will be
held for the wnrden of the Atlan
ta, Ga.. federal prisr.n. Alexander
O. Cavlns, t'nlted State district
attorney. r.a!d tx.ilny. Chapmr.n
.' p.?d rrom thf Atlanta institu
tion in March. 1923. a few months
after b h.id been sentenced to
serve 2" year in connection with
th" !.4f)n.no.) mail truck robbery
n New York In 1921.
lyjuifu
IRISH PLOT
10 BLOWUP
BRITISH NAVY
T w o Government Em
ployes, Five Men and
One Woman Arrested;
Supposed Extremists.
London, Jan. 19. (By Associ
ated Press.) Two men, W. P.
Cleary and J. D. McGough, were
brought before the Bow street po
lice court today In connection
with an alleged plot to blow up
British battleships and sub
marines. They were remanded for
a week, bail being refused. They
were charged with an offense
under the official secrets act. The
details of the offense with which
the men were charged were not
made public.
It Is understood Scotland Yard
detectives have seized many docu
ments bearing upon the case,
which are being examined.
O'Leary Is a shipwright and
Gough Is a civil servant. The de
tailed Information charges
O Leary with having In his posses
sion information concerning the
Haslar dockyard at Portsmouth
which Is a prohibited area and
communicating this Information
to McGough. The latter- Is
charged with receiving the In
formation.
The arrest of five Irishmen and
one Irish woman concerned in the
alleged plot was reported by the
London Daily Matt this morning.
Two of the men were said to be
sub-offtcers at the Portsmouth
dockyard. Those under arrest
the Mall stated, were extremists
connected with the Irish republi
can movement and the plot was
supposed to have been designed to
affect Injuriously the relations
between the Irish Free State and
England by creating feeling In
the latter country against the
Free State.
It was said that the plot, the
existence of which had been
suspected for some time, was re
garded as an important affair
over which officials of the home
office and the chiefs of Scotland
Yard, bad been in conference.
Intercepted letters led to the ar
rests, which were made In dif
ferent parts of London and in
Portsmouth.
E
Washington, Jan. 19. A fav
orable report on the nomination
of Attorney General Stone to be
an associate justice of the eu
preme court was ordered today by
the senate judiciary committee.
Chairman Sterling said the re
port was agreed to unanimously,
and that the committee acted
without calling before it, Clyde
Dawson, a former Colorado at
torney, who had been asked pre
viously to appear In connection
with an action brought against
him by the executors of the J.
Pierpont Morgan estate, for
whom Mr. Stone once was coun
eel.
Action on Mr. Stone's nomina
tion had been deferred after
James Own bey presented the rec
ord of the Morgan litigation, sev
eral senators desiring to Inquire
into all the facts.
submarine'Wrted
AS BOOZE RUNNER
New York, Jan. 19. Prohihi
authorities are Investigating re
ports that a submarine manned by
.i German crew has been bringing
in from one thousand to three
thousand caHe3 of liquor nightly
during the last two weeks. A
tramp steamer acting as the moth
er ship of the submarine Is said tn
be stationed about GO miles so-ith
f thp patrol boats surrounding
tne rum nt off Ashhury pjrk
N J. It is nnorted to bo de
posing via th? submarine of Vs
cargo of about 75.000 caes of !o
'lor to smnlt craft hovering near
me ew jersey shore.
Senate Refuses
To Open Question
of Elevating Guns
wasliiiigtou, Jan. ltf By
vote of 45 to 22, I ho senate
refused today to consider the
question of (lie elevation of
tho ifium on tltc 13 American
battlfMlilps lit order to glvo
thorn equal range with ships
of the British battle fleet.
Chnli'innn Hale of the navy
com mitt eu told the senate it
would Ik; unwise to "take
affirmative action while a
protest of a foreign govern
ment In this mutter is pend
ing." u
Washington, Jan. 19. Inli
mate memories of three of its stal
warts of former days came crowd
ing back upon the senate as legis
lative machinery was brought to a
halt so those who had served
shoulder to shoulder with them
might give a last testimonial to
their lives and their work.
Senators of both sides of tie
chamber sought the opportunity
of joining in praise of the public
service rendered by Henry Cabot
Lodge, Frank B. Brandege and Lt
Uaron B. Colt, members who died
in the summer recess.
Reviews of, the nfe of Senator
Lodge carried the senate through
31 years of its history and brought
recollections of the memorable
controversy over the league of na
tions In which the former chair
man of the foreign relations com
mittee and Woodrow Wilsou were
the central figures.
The retrcpect of Senator Bran
dege's service found almost as
wide range In the years of senate
history which the veteran from
Connecticut had so large a hand
In fashioning.
Tributes to the fidelity of Sen
ator Colt recalled his services as
chairman of the Immigration 1o
which place he succeeded when
his party came to control of the
3enatc after the World war.
FREAK LIS
INJURING STATE
That Oregon Is probably the
ranking state in the union in the
passage of freak lava was th1:
statement made by Denton G
Burdiek .speaker of the Oregon
house of representatives, in an rtd
dress before the tsttiem chamber of
commerce this noon.
"Wo have ucquired such a nation-wide
reputation that when
ever anyone wants to try out dome
'Ism they center their efforts tn
Oregon, said Mr. Burdiek. ' Our
great problem is not in findiug
nenr sources for taxation, but in
get tin 3 more people to come into
and develop the state.
Oregon is obliged to compete
with Vvashington on the north ai d
California on the Bouth, he stated
both of these states being already
much better developed than Ore
gon. Freak laws only have ihe
resuJt or further retarding the '.
velopment of this state, rather
than attracting more capital h?rc
and developing the communities
toward a condition on an eual
looting with rival states.
Oregon has suffered in the van
he said, but now the state has an
opportunity to step into an era
surpransing anything that h&s
ever been experienced in the his
tory of the state.
"A conscientious effort will be
made to prevent the passage of
freak legislation during the prcs
ent session of the legislature," he
,ia:d. "We will vy to restore the
confidence of tl'e people of the
Lnited States In our state."
Burdiek cited the case of logls
Jatlon past.ed by the people of
Florida, which has tho effect r
preventing any Income or Inherit
ance tax being parsed In that state
for the next 25 years. "Inside of
a few months the people of Florl
da could see startling effects of
that action," he said. "Money be
gan to pour Into the state In a
manner unheard of anywhere on
tho Pacific const. It proved ' -f
(Continued on 1'age Five)
ALL BOARDS
PLACED UNDER
BUDGET PLAN
North Bill Puts AH Com
missions Under System
Whereby Surplus' Goes
To General Fund.
All state caauuieaiouft an I
boards at present not under the
budget system will be placed there
it a bill to be introduced by Rep
resentative North, Multnomah
county, becomes a law. The meas
ure North has drawn up and ex
pects to Introduce today would
place all boards and commissioners
under the budget plan. Their ex
penditures would be stipulate.!
and provided for by legislative ap
propriation. North explains that
h:s bill is in line with an econoni
program.
Under the bill surplus finances
received by any commission or de
partmcnt over and above expends
would revert to the general fund
The industrial accident com
mission, fish commission, game
highway commissions, the dental
board and many others would be
affected. '
The measure would have the of
feet of reducing the tendency of
various commissions and boards to
earn and expend more money than
ausoiuieiy necessary, worth points
out.
It Is expected that the bill will
precipitate a hot fight with nil
the bodies affected lined up
against it.
It should be pointed out that
the bill in general Is in line with
the economy program advocated by
Governor Pierce In his message to
the legislature.
All moneys collected under the
prohibition laws of Oregon would
be thrown to the funds of the
various counties under house bill
61 Introduced today by North,
Multnomah county. The bill,
which Is a companion to a meas
ure Introduced by North last
week to abolish the state prohi
bition department, would re-enact
sections 2224-46 of the Oregon
laws covering enforcement of the
liquor statutes.
CLEAVER LIFTS
There were mingled feelings of
relief and disappointment on the
faces of the senate this morning
after a brief speech by Senator
Garland, chairman of the com
mittee Investigating the etate pro
hi hi tion department:
"It has been reported," said
Garland, "that Mr. Cleaver, pro
hibition commissioner, and Mr.
Herwig, head of the Anti-Saloon
league, have persons circulating
through the legislature with a
view to corrupting the members
It Is reported that they have
some very pretty women her,
and that other persons have b-ien
sent here with liquor, trying to
get something on the members,
particularly those elderly gentle
men who are most susceptible. I
have a letter from Mr. Herwig
in which he says there ten't a
word of truth in this report, and 1
am very much relieved."
lutherTromisIsTo
fulfill dawes plan
Berlin, Jan. 19 (By Associated
Press) Lnyal fulfillment by Ger
many of tho London agreement on
the Dawes plan and strict enforce
ment of the laws dictated by It
are among the pledges contained
in the program announced by the
new government headed by Dr.
liars Luther a chancellor to the
rciehstag finiirht.
MRS. HART WINS RiOHT
TO APPEAR ON FILMS
Loil Angeles, Cal., Jan. 19 Wini
fred Wemovcr Ifnrt today won n
victory over William H. "Bill"
flnrt. motion plot u re actor, and
nht .lined Iriral rlirht tn t-Morn to
ffenen work under her full name
uniu urn time as una should ob
tain a divorce by a declnion In the
superior court here.
JAZZ CRAZED GIRL
SHOOTING MOTHER
Photogrnph poHnl by porothy
E
LIBEL DAMAGE
Because, they allege that C. Y.
Utile made allegations to the ef
fect that they had stolen $40 from
the Kowng, Fook company,
Chinese merchandise here, Roslc
Battalion and Mrs. C. R. Battalion
hare filed in circuit court a slnn
der action for $5,000 against Hulc
and the concern. .
The women assert In the com
plaint that the Chinese accused
the plaintiffs on December 24 of
stealing $40 from them, that at
another date they Informed Mrs.
David Wright that the plaintiffs
had stolen that amount from them
and on another occasion told peo
ple In the Puro Food Grocery com
pany the same thing.
The complaint states that the
Chinese accused the plaintiffs of
committing a felony, that the
Chinese knew the allegation was
false when they made it, and he
cause of the publication of the
slander among various people as
serts that the plaintiffs have been
damaged In the sum of $5,000.
PAY PENALTIES
Tom Carlson of Toledo was ar
retted Sunday for speeding and
reckle driving. He posted $25
ball. D. S. Phillips of Kugene
was caught going 40 miles an
hour on south Commercial
strept. He was obliged to put up
a gold wateh for bMt, as he was
short of cash. Howard Ball, 2086
Cottage street sped down south
Liberty street nt .1." miles nn
hour, until stopprd by a traffic
officer. J. H. lionalfion, U. F. I).
4, Salem, who made 40 miles an
hour on smith Commrrcial tr"et,
was obliged to p,t heavy bai!.
Other speeders nrresi ed over
the wf'k end were Rose Hell, iHti
fl. 22nd street; A. Selfur, Port
Ian if, who put up $10 hail; J. N.
Po who liltewlfe put up $ 1 0
bail; M. G. farituii. Corvallls, $5
ball; W. It. Gfile of Turner, who
paid t .rp fine this morning; Mrs.
K. Speight. 1104 S. 12th street;
T. A. Diifli tiger, Kosehtirg. $ 10
ball; P. Nieswander, I0!i7 Fir
Hw-sl; II. H. I'fnnen. Ilnllns. $5
ball; O. Domngnlla, 1111 Sagi
naw; Dr. Ih'l linger, and L. F.
AlUtork, Portland, $10 ball.
' 4
t:m f9 4J$' v 1
T '
Ik ,V f )b
5)1
WHO CONFESSED TO
IN SAN FRANCISCO
1 ! W
Klllnirston In jnll.
FIRE DESTROYS
A car belonging to John Rless
heck was completely destroyed by
fire on the Silverton-Mt. Angel
road last Friday night, according
to a report Just made to Sheriff
Bower, when It was crowded from
tho road by another car with glar
ing headlights taking more han
half the highway. The car, a
Chevrolet coupe, went out on the
dirt shoulder which gave way and
turned the car and occupants In
to a shallow ditch. The car Im
mediately took fire and was
destroyed past recovery value, tho
owner stated. O. V. Rlossbeck
was driving the car and a tnan
named Coffey was the other occu
pant. The car was towed Into Silver-
ton where the wreckage was sold
at a price which netted the owner
17 cents after paying towage
charges. The driver of the car
which forced the Rlessbcck ma
chine In the ditch drove rapidly
on making no pretenso at assist
ance. Had the side curtains been
on. the occupants wonld have
burned to a crisp, they say, so
rapidly did tho flames spread.
BRIEF SESSIONS
The house was called to order
at 11:05 by Speaker Burdiek
The Rev. Harry W. Johnson, pas
tor of the Central Congregational
church, delivered a short Invoca
tion.
It was announced that tho gov
ernor had signed house bill 32 pro
viding for appropriation of twen
ty-five thousand dollars to cover
Immediate cipensea of the lcgis
lalors.
The senate concurrent resolu
tion Introduced by Senators John
son and Kddy endorsing the policy
of rrenldetit Coolldge with refer
ence to Muscles Shoals wus Intro
duce!.
The houc adjourned after a
fifteen minutes session. Kleven
new kills were Introduced.
After being tn session 10 min
utes and Introducing seven hill
the senate adjourned until 2
o clock p. m.
HUGHES SAYS
AMERICA NO!
COM
Agreement Reached At
Paris Imposed No Obli
gation, Legally or Mor
ally; Country Left Free
YfuVa.ikGlon, Jan. 1$. A state
ment by Secretary Hughes de
claring the United States had not
been luvolved in European affairs
by the Paris reparation settle
ment, was answered today bf Sen
ator JohnsoA, republican, Cali
fornia, with the statement that
the responsible leaders abroad all
take exactly the opposite view.
The California senator, who
with the support of other senate
Irreconcilables has a resolution of
inquiry on the subject now pend
ing said In a formal statement
that although Americans should
be glad to have Mr. Hughes' In
terpretation, they should not
overlook the significance attached
to the Paris agreement by Euro
pean statesmen.
Washington, Jan. 19 Secretary
Hughes today Issued a formal
statement asserting that the agree
ment reached In Paris at the con
feroncs of the allied finance minis
ters Imposed no obligations, "le
gally or morally," on the United
States and that this country re
mains as free from commitment
In European matters as It ever
was.
The statement said the full text
of the agreement signed by Am
bassador Kellogg and the Ameri
can representatives would be
made public as soon as It was re
ceived here.
Mr. Hughes' statement was said
by White House officials to have
tho full approval of President
Coolldge. who, it was said, had
been fully ndvised of all angles of
the controversy.
Resolution rending
The resolution asking for a copy
of the agreement, proposed by
Senator Johnson, republican, Cali
fornia, Is pending in tho senate
with the approval of others.of the
irreconcilable veterans of the Ver
sailles treaty flht. From thce
and other quarters the slate depart
ment his hnrd charges itiot the
Parts agreement, signed by Am
damn dor KHlngg, the secretary of
M.ite -designate, bus drawn tli
Unittsd Slates officially into nn In
volvement ug:inst which it had
been Kuniillng Itself ever since the
(Continued on Pago Four)
PAY TO $7500
Sal tries of the justices of the
supreme court would bo Increased
from $;12j0 to 17ii00 hy a bill
which was Introduced today by
Senator Staples. In addition
fhefr present salaries tho Justices
recc-lvo $fiO expenses for each trip
to Pendleton where tho eastern
Oregon scsKionft of the court arc
held twice a year. Thin nmountH
to $100 a year traveling expenses
for eaoh Justice.
Tho senate committee on educa
tion Introduced a bill today which
would add a clause to the present
act relating to the hiring of teach
ers, by providing that when a
teacher Is hired at a regular nit'tt
Ing and tho action entered in the
minute, any contract signed after
ward In conformity with the ruin
ii te by the chairman, clerk and
the teacher h:tll be binding upon
all parties.
liMilgen. widows and minor eh 1 1
dren of soldiers, sailors, marines
and volunteers who served In he
Civil war, th Spanish-American
war, tho Plilllpplno Insurrection
and the Indian wars Would be en
titled to all tho relief to which the
li ii mIki ruin or fathers are now en
tltled by a bill introduced today by
Senator Dennis and On vis. Re
lief for the Indigent persons whit"
living, and payment of expfiisos of
last sleknrtM and funernl expenses
are covered in the measure.
BILL TO INCREASE
SUPREME COURT
ALL STREAMS
OUIOFBAIS
INAMA
Three Lives Lost and Mil
lions of Dollars In Dam
age Rain Continues
Poer Planes Out
Atlanta, Ga., Jan. 19 With
rains continuing to fall in a hult
dozen southern states today, rivers
were reported steadily rising w:ta
considerable property damago ex
peeled to toliow orvr a wide jreta.
The death list was three killed und
two other probably lost.
Two trainmen were killed w.-.ea
a passenger train broke through a
weakened trestle near Selma, Ala.,
and one t ruin man was killed when
a train struck a slide, six milos
from Cartesville, Ga.
Hope has been abandoned at Al
bany. Ga., for the safety of Asa
and Will Tift, who failed to ro
turn Saturday from a canoe trip
on Flint river.
Georgia and Alabama bore the,
brunt of the flood waters forc3,
although almost unprecedented
high wuter is also reported in oth
er states. .
Macon saw new marks register
ed for the Ocmulgee when the riv
er passed 27 feet. At Milledgo
ville, the Oconee reached mere
than 36 feet. Apprehension wus
folt concerning the power of levee
and bridges to withstand a press
ure not heretofore known on tho
streams.
Columbus found the Chattahoo
chee river at a stage of 45 "'jet.
the city's gas supply was threat
ened as water entered the plant.
Montgomery, Ala., Jan, 19.
Rain continued to fall in south
ern Alabama with rivers and
(Continued on Pago Five)
GROWN DRUG STORE
SOLD BY GRABER
The Crown drug store, 332
Slate street, owned for 15 years
by P. E. lira be r, has been sold to
H. H. Bryan of Tillamook, and
Amy Hughes of Salem, it was an
nounced today. Miss Hughes ha
beon employed In the store for
more than nine yens.
Mr. llryan is ni.muMer of the La
Mar drug store in T.Kamouk, a
position he ha nC'd f'ir nearly 10
years. 'reced m ; that period ha
w:is a Satem resident, and is well
acquainted with this city. Mr.
llryan will arrive to take charge
of the store the first of February,
TenluUvo plans for the rear
rangement of the Interior of the
storo room are being worked out
by Miw Hughes, though no active
work will be started before the
arrival of Mr. liryan.
FHYSIGIANSTOMING
TO LOCAL BANQUET
Dr. Paul Rockey, of Portland,
pre. utent-eleci of the state medical
society, will come to Salem Tues
day afternoon with six or mora
mem Iter of the state medical
council to attend the annual elec
tion banquet and meeting of the
Marion -Polk-Yam hi 1 1 medical so
clety at tho f.'ray feffe restaurant
Tuesday evening at 6:10 o'clock.
Members of the state council tO
be here are l)r. A. K. Sommer, Dr.
Ralph Kenton. Dr. C. L. Booth,
Dr. Wilson T. Johnston, Dr. C. J.
McCunkcr, and Joe Petit, all of
1'ortlao.l.
DEAF MUTE ESCAPES
ARRESTED IN TAGOMA
Taeoin.i, Wash., Jan. 19 Dennis
Ii iso n, 20, und Kenneth Po wel I,
17, inmate of the Oregon denC
and dumb lnstl; utlon at Halem,
Oregon, were arrested here today
and according to the pjllce made
a wnttn roufe.sion that they
oornniitteed several burglaries. The
police jiiiid the two youths confess
ed that they stole the Automobile
of Hu perln temlent 11 asset t Wains
coat of tho selu ol and drove to
Chehill;!, WnnhimUiMi. where they
iihardon". tho r;tr and committed
twc. bin nl.'ries. They then com
mitted tw buri'.lai le?) ot Olympian
and two here, they are reported to
h.it admitted.
llotii are deaf and dumb.