Capital journal., January 23, 1925, Image 1

SHERIFFS
CITY EDITION ,
Dally iTarag nai paid circulation tor
mouth audlng December II, 1924
6366
Average dally distribution 6.798.
Mrmber Audit Bureau of Circulation!.
FORTY-SEVENTH YEAR No. 20
MBM
0EPII1
IS BID)
Committee To Wait Upon
Legislators To Request
Abolition of Office Held
By Cleaver.
Portland, Ore., Jan. 23.
Bheriffs of the state in session
here today decided to ask the leg
hilature to abolish the state pro
hibition Enforcement office now
held bv George L. Cleaver.
They passed a resolution setting
out their belief that local author
ities can enforce the law in every
part of the state in the sheriff;
and district attorneys are given i
larger share of dry law violation
fines.
They then proposed to name
committee to lay it before the
law making body.
Circuit Judge Walter H. Evans,
who was formerly district attorney
here, told the sheriffs the state
would do well to abolish all
bureaus for enforcement of special
laws and turn their duties over to
the local authorities.
"But the enforcement of any
law," he declare!, "cannot pre
cede public opinion."
The sheriffs also took a fling
at W. J. Herwig, superintendent
of the Anti-Saloon League, be
cause of a film shown by the
league in churches and before
other assemblages.
The film depicts supposed deal
ings between a crooked sheriff
and a dry law violator.
Cleaver's recent report. In which
the state officer claimed credit for
most of the fines collected from
bootleggers and moonshiners was
hotly discussed, but nothing was
done about it.
One sheriff started to berate
the federal dry authorities, but he
was suppressed.
Mrs. Martha Randall, of the
"Women's Proteetive division of
the Portland police department,
asked the convention to indorse a
bill now before the legislature,
regulating dance halls In small
communities,
"Federal prohibition operatives
have been directed to work with
county sheriffs and other duly
elected law enforcement officers,
but they will not operate on war
rants Issued to officers of the
state prohibition department,'1
said Dr. J. A. Llnville, federal pro
hibition director In his address
before the sheriffs yesterday after
noon. D
BILL IS
BUI BATTLE HOI
After a long and scrappy debate
one of Senator Brown's trespass
bills got through the senate today
while the other two were tabled
for further consideration. The
measure that passed was the till
which provides treble damages In
cases where persons are convicted
to stealing produce from a farm
er's premises.
The measures that were tabled
provide, respectively, that tres
pass cases go under the Juried!:-
;ion of the justice court and that
It not be neceseary for the far;n-?r
to po.it trespass notices on his
promises to define trespass as an
offense.
The hill doing away with the
necessity of notices came up first
The main argument In favor of
the bills was that farmers are suf
fering heavy damages from irr-
4VnsibIe turi'tfl n0 invade their
orchards and gardens.
Banks led the fight against t'j
trespass notice bill, declaring that
It goes too far. Upton fought t
In a long speech, asserting that it
wojld be aitsuru to try to apply
It In eastern Oregon where prem
ises cover many hundreds of acres
fnr each owner. Klepper and Tav
lor were against the measure. I. a
Follett wa fo: It. Krtdy battled
for It valiantly.
C apimlmJoiiirinial
OIL SWINDLE
FRAUDSTOTAl
$5,10,000
Bischoff Declares 4900
Out of 5000 Have Faith
r In Him Has Only $2
In Bank.
Pasadena. Cat., Jan. 23 Ray
mond J. ttischoff, held here for
Chicago authorities on charges of
larceny and embezzlement Involv
ing the fleecing of hundreds of in
vestors in oil and mining projecia,
declared that 4900 of his 5000
clients still have confidence in him
and these 4900 will get their luoney
back.
Bischoff stated that dispatches
giving the amount Involved In his
transactions as $2,000,000 were
conservative, and placed the cor
rect amount at between ? 4,000,-
000 and $5,000,000. "The 4900 are
going to get their money back,
though," he said. "They have my
personal notes for the amounts
they were loscra and these notes
do not fall due until 1926." How
ever, he admitted that at present
his Account In a Los Aiigetes bank
HhoV9 only about $2 on deposit.
Chicago, Jan. 23 Preparation
to prosecute Raymond J. Bischoff,
arrosted yesterday in Los Angeles
on charges of having swindled up
wards of 5000 persons, mostly for
eigners out of approximately $4,-
500,000 today included an investi
gation of any political connivance
of his escape two years ago after
hi release on bonds.
Bischoff, who has agreed to re
turn hero without extradition pro
ceedings was quoted as saying that
some high officials here aided his
flight with funds. HU trial will
be started as soon as possible after
his return here. State's Attorney
Crowe ea:d.
LIT ON FEES
:s
The Staples bill providing that
the compensation of appraisers of
estate shall not exceed $5 a day
was passed by the senate today.
Senator Klepper was the first
to oppose the measure. He dc
tlared that in half the cases In
Multnomah county no char;
whatever Is made and that .rarely
Is the chargo more than $3 a day,
He added that cases occasionally
arise in which It Is necessary
charge much more.
Senator Joseph supported thi
bill. He declared that the condl
tion In Multnomah county
scandalous and that some judges
are accused of building up political
machines. Dank supported ta
bill.
Klepper moved that the bill be
tabled as a personal favor to him
that he might investigate It
Portland. There was no second.
Only Klepper and Moser vote
.-.gainst the bill.
Both Houses Adjourn
Until Monday; Limit
On Taxes is Repealed
. Both senate and house adjourn
ed at r.oon today until 11 o'clo:k
Monday. Many of the members of
both houses left for their homes
and no committee meetings were
announced for this afternoon, to
night or Saturday.
Prior to adjournment to Mon
day morning. Speaker Burdlck to
day named Representatives Wheet
er of Lane county and McCallistcr
of Marion county as members of
the committee to visit the eastern
Oregon state hospital for the In
sane this week-end.
He also named Mann of Pendle
ton and Collier of Klamath Falls
to T3 on the committee to visit the
soldi home at Roxebura; the
latter part of nxt week.
The passed the house bill
WANT DRY" FORCE ABOLISHED
OPPOSITION TO
STONE ASSUMES
PERSONAL TURN
Washington, Jan. 23 Ad
dltionul opposition to tlie
confirmation of Ute nomina
tion of Attorney Hie ik nil
Ktono to be supreme court
Justice dfveloiMHi today In
the senate because of tlie
move by tlie department of
justice to return here a sec
ond Indictment against Sena
tor Wheeler, democrat, Mon
tana. There were indications
that the matter would be
made tltc subject of senate
debate.
CLIPSE TO
E
Photographs of Tomor
row's Observation of
Sun In Northeast To Be
Taken from Dirigible,
Kew York, Jan. 23. Eastern
states fortunate enough to be in
the path of totality were await
ing today for the phenomenon
which will tomorrow plunge this
section into temporary darkness
during the -first total eclipse of
the eun it has witnessed for 450
years.
Fair weather has been predict
ed for the hour of the eclipse but
scientists pointed out that thte
was no assurance the phenome
non would be visible from the
ground as even one cloud might
blot out the spectacle.
To prevent such an occurrence
scientific organizations plan to
make observations from numer
ous widely separated points and
from both land and air.
The dirigible Los Angeles will
sail aloft during the eclipse with
band of scientists manning in
tricate mechanicieme for photo
graphing the phenomenon, while
similar observations will be made
from army airplanes with tele
scopic cameras.
The progress of th eeclipse as
it rushes through the east will be
radiocast under the auspices of
the Scientific American, which
will receive telephone report
from positions along the line of
the rushing shadows path.
Although the material collect
ed during the eclipse probably
will not be collected and conclus
ions of importance drawn for
months after the actual observa
tion, it was admitted there was s
possibility of startling discover
ies being made at once which
would throw new light on the
previous sum of knowledge con
cerning the heavens and revolu
tionize theory.
BURROUGHS WINNER IN
SUIT OVER INVENTION
St. Louis, Mo., Jan. 23. After
20 years litigation, Federal Jud(?e.
Farls today decided that Hubert
Hopkins. St. Louis Inventor, and
not Isaac Dement, an eastern 4n-
ventor, devised in 1904 an Intrl
cate "totaling" device for adding
machines. The decision in effcci
upheld the claims of the Bur
roughs Adding Machine company
against those of the National Cash
Register company.
introduced by the Multnomah de'e
gallon which repeals the 6-mill
tax levy limitation in the Portliiu
school district.
Senator Zimmerman fought th.i
measure, declaring that In the last
ten years the aessed property
valuation In Multnomah had de
creased more than 16,000,000
while up-state property had In
creased more than 1132,000,000
He refuted the statement that the
bill affects only Multnomah coun
ty, declaring that every school dis
trict In the state Is affected Ik.
cause when values are decrease
in Multnomah county they mus
be Increased elsewhere, thereby
throwing the burden upon th
'armer.
STUDIED
SALEM, OREGON, FRIDAY, JANUARY 23, 1925
JV
Writ of Habeas Corpus
Allowed Upon Petition
of Attorney For Harold
La France by McMahan
Writ of habeas corpus haa been
granted In circuit court here by
Judge L. H. McMahan on petition
of Tom Garland, Portland attor
ney, requiring Oregon State Hos
pital officials to show cause on
February 6, why they should not
release Harold La France from the
insane asylum. Garland charges
that La France Is not Insane and
la being held illegally. La France
was received here January 17
from Multnomah county and Dr.
John Evans, assistant physician at
the hospital, states that on his
first examination of La France be
found no traces of insanity but
refused to make any conclusive
findings until he has had ample
time for observation. I
La France, who Is 20 years old.
Is son of James La France, one of
the most notorious criminals In
the northwest. James La France
Is riow serving time at McNeil's
Island federal penitentiary and
has served two terms In the Ore
gon penitentiary. His first term
grew out of a notorious Insurance
swindle which caused insurance
officials throughout the country;
to realize that they had a master
swindler to grapple with. La
France left his clothes on the
bank of a river In Clackamas
county and was considered dead
for a time until arrested, and his
conviction followed. He returned
to the penitentiary in January,
1921, on a forgery charge for a
three year sentence and following
that was sentenced to McNeil's
Island.
Young La France was arrested
with a companion in Portland on
charge of robbing a Portland
garage man, but was found Insane
and sent to the asylum. He had
previously served two terms In
the state reform school.
In his petition for a writ of
habeas corpus for La France, Gar
land asserts that La France Is not
now Insane and never has been
mentally Insane, only legally in
sane, and that for a short time,
He Btates his legal Insanity was
shown by the fact that he went
without proper rood or nourish
ment over quite a long period.
Garland alleges La France was
admitted to the Insane hospital
without physical or psychological
examination and without any
physician ever having pronounced
him Insane. He states In the peti
tion that an asylum physician was
the first to have ever examined
him as to his sanity and that he
pronounced him sane. The peti
tion asserts if La France Is al
lowed to remain In the hospital
among insane people that not only
La France himself, but his mother
and two small sisters are apt to
be driven insane by such Incarcer
ation. ONE chumhTseF
BY TWO CONGREGATIONS
Keystone, Neb., Jan. 23 Coop
eration and religious tolerations
are receiving a thorough teat In a
little church here, where both
Catholic and Protectants worship.
In one end of the edifice la the
Catholic altar; ai the opposite end
Is the pulpit for Protestant serv
ices. Seats are arranged like
those of a railroad coach so that
the backs face either end of th
building. Reversal of the bench en
thus change the church from one
denomination to the other as de
sired. The church seats about 75
person. The two denominations
hold services at different hours.
WHEAT $2 AT WINNIPEG
Winnipeg, Man , Jan. 23 Whont
touched $2 a buhel here tudny for
the fist time since the world war
and parsed that figure. The mar
ket wna sironn at the opening, but
the $2, at which the May future
sold, was reached hy a trtdy ad
vance, and was only hnlf cent
abore yesterday's c1oinr pp
By noon May was $?ni'i ai.d
orlces seemed firmpr thnn c. :r.
COURT ORDERS
YOUTH FREED
FROM ASYLUM
Man In Future
Healthy Animal
Not Intellectual
London, Jan. 23. Man Id the
distant future will not be a super-1
intellectual creature immersed in
abstruse problems and lofty con
ceptions but a person of robi&t
physical constitution with much
of the animal about him, In the
opinion of the noted anthropolog
ist, Sir Arthur Keith. His version
set forth in an interview with the
Westminster Gazette, was based in
part on his study of a pre-historlc
skull .
Sir Arthur remarked that he
hoped his theory wag the correct
one, because a "hyper-lntellot"
caused its owner more pain thau
pleasure, making him too keenly
conscious of his fralllty and short
comings. Moreover, if everybody
became hyper-intellectual, the
race would perish. It was the an
imal instinct which had kept the
genus homo on the earth.
Referring to the greater brain
space of the pre-historic skulls as
compared with these of modern
men, the scientist says the size of
the brain has been gradually dim
inishing through the ages and at
LT0 ENABLE
WATER PROJECT
Washington, Jan. 23. A bill
which would enable cities In the
Willamette valley In Oregon to
proceed with a plan to develop a
water supply waB Introduced to
day- by Representative Hawley.
lne measure would authorize a
grant of approximately twelve ee:-
tions of federal government lanJ
around the headwaters of the Mc-
Kenzie river In the vicinity of
Cedar lake to an organization
which It Is proposed to have the
state legislature designate as Hit
agency for construction, and land
also would be granted a water de
velopment organization for a re
serve supply. The organization
would have authority to construct
and maintain necessary dams,
headgates, pipe lines, reservoir
and other appurtenances needed
in Its program.
The land affoctcd would remain
under supervision of the forest
service.
ROAD TO FALLS
As.suiance of a niarodamlzcd, all
rock, all year round road from 8a
lem to Silver Creek Tails by way
of Sllvorton before next winter nets
In wis made by a trip yesterday
of County Commissioners Porter
nnd Smith and County Ilnadmnster
Culver and his assiHtant Frank
Johnson to tne falls, where the
situation was gone over and de
termination reached to finish rock
Ing and macadamizing the road
the coming summer.
At the present time the road is
rocked within about two miles of
the falls out of H'.lverton and the
remaining two miles Is to be com
pleted. The visitors found It Im
possible to get Into the falls with
their car. because of the soft, red
mud whl-h makes up the winter
road at this time of the year, but
the party walked Into the fall
which they found exceed ngly beau
tiful.
The entire road fron. the Silver
ton city limits Into the falls is in
a single read district, District No
14. the larRfst In the county. That
district now has about $8000 in
the road fund and something over
12006 'which ran be uned on thin
work. The district has 34 miles
of road In Its borders. 19 miles of
which ore mncadamir-ed. There I
no pavement in the district, hut It
m expected in the next year or two
a mile or to of pavement may be
laid on the Hilver Fa lie road out
fMn HI I vert nn. Large trncts of
rhe Sl!vr rail Tlmbr company's
hohhm Me In this road district,
hl, t, .,(); It a wealthy district
do a l..M.- I'olnt of view.
tributed this to the fact that suc
ceeding generations found leso
need to wrestle with the great ini
tial problems of existence as theae
were solved for them by their pre
decessors. Even as It Is, he added, "people
today have ten time more brain
power than they are ever likely to
need, and most of them use a very
small part of whut thoy have got.
They are like people dwelling in a
big house but occupying only the
cellar."
The modern newspaper, he went
on, was a good Index of the aver
age human mind, not more than
5 per cent of it dealing with in
tellectual matters, the remainder
being entirely of human intercbt
crime, sport, sex and politics.
"Even the cross word puzzle
craze Is an ebullition of the aai-
mal Intuition, the speaker added:
"I mean it In no derogatory
sense when I say that women have
a larger share of Intuition because
they have a smaller Intellectual
capacity thau men. I do not sup
pose we snail ever see a woman
with the brain of a colossus."
The house In a brief session this
morning passed eight bills, one
memorial and a resolution.
House Joint resolution No. 3
which would provide a constitu
tional amendment permitting
Klamath county to Issue bonds to
cover outstanding warrants up to
April 1, 1919, was adopted. About
$78,000 Is necessary.
Senate joint memorial No. 1
calling for federal recognition of
the Umatilla rapids projects and
its hydro-electric development
was adopted.
House bill 2G provider for clas
sifying a three-quarters ton capac
ity motor vehicle carrier an a
truck.
House bill 37 provitua that fos
ter parents may be beneficiar.es
under Insurance policies of adopt
ed chldren.
House bill 48 extending the
time llimt for obtaining refund on
gasoline taxes for farmers an.l
others using the fuel for other
than motor vehicle was passed.
House bill 39 would give fr
tern a I insurance organizations
more latitude in the disposition of
surplus funds.
Kx-service men may transfer
their loan securities uuder an
amendment to the bonus act pass
ed In house bill 46 this mornliK.
Penalties and interest on tax
delinquencies occurring In Irr!,
tion districts would accrue to the
district levyim; them under bou.se
bill C5. passed.
Senate bills 22 and 30 were
passed hy the house. The firs
provides for extermination of
equlrrels and other noxious
rodents. The second changes th
boundaries of Grant county.
IE
2 STATE BOARDS
The board of control and the
budget comtnliwion would be con
solidated under house bill No. 132,
introduced by Kllham. Multnomah
county, this morning. The bill
would amend sections 1, , t, 4, S,
and 6 uf chapter 22.
No Incomo tux could be levied In
Oregon until after January 1, 1'JjO
under a resolution Introduced by
Hhelton of Maker county. A con
stitutional amendment subject
the approval of the people would
he provided under the resolution
Congrefts would be ajiked to en
act legislation enabling the state
of Oregon and owners of proper
ty along the Hilvles and Ulltzen
rivers In Harney county to sue the
federal government with the view
of determining riparian rights un
der houflo Joint memorial No. 4
Introduced by the committee
public land. The rivers flow into
Malheur and Harney lakes locat
ed In the federal Malheur bird
reservation.
PRICE THREE CENTS
NOSTATEAID DENNIS URGES
F0RACC1DENT ADOPT 1 ON OF
BOARD VOTED FLORIDA PLAN
Ways and Means Commit
tee Turns Down Appeal
For $175,265; Other
Items Are Reduced. -
The ways and means committee
voted lust night to Bsupend ante
aid to the state industrial accident;
commission for a period olS two
years. The commission placed a
request before the committee for
$175,265, but this wu not allow
ed in spite of several laudatory i
speeches made for the commission '
after the appearance earlier in the
evening of Commissioners ElkiUh I
and Marshall, representing the de
partment. Senator Tooze, chairman of the
senate ways and n eans commtltoe.
lauded the department for the
promptness with which It meets
claims and declared It meets them
fully without quibbling. Private
insurance companies, he eaid,
can't help but lose money If .bcv
pay as promptly and fully as the
state commission. Their margin
of profit, he declared, comes from
going Into court and cutting down
the claims of widows and orphans.
Commissioner Elkins euriler
spoke of the large number of larc
concerns that are withdrawing
from operation under the commis
sion and Insuring with prtv.tte
concerns. While the commissi m's
action on this, as on all other
questions at this juncture of the
cgfslattire, is tentative. It prob
ably will be the finnl action.
Ihe question of reducing frjui
1 to -m ill the tax levy for the
state bonus and commission v.-.s
let go by for future consideration
Governor I'ierce and the budget
commission have recommended
that the reduction be made for
next year. Mark D. McCalllster
of the house committee said he
had Investigated privately and
wan sure the reduction could be
made for this year as well, and
thereby save the state half a mil
lion dollars. He nld he had asxed
for a report from Adjutant Gen
eral White, and the committee
voted to withhold action until this
Is received.
The com in i 1 1 ep vnt ed with on t
(Continue 1 on Page Might)
SEAT IN SENATE
Washington, Jan. 23. Recom
mendation that Senator Mayfield,
democrat, Texas, be given his con
tested seat In the senate was
voted unanimously today by the
senate elections committee.
Only rormal action by the sen
ate Itself now la necessary to close
i he contest.
This will be asked for when the
report Is submitted, In about ten
days.
BULLETINS
4,700 DIE OK INFLUENZA
Tokio, Jan. 23. (By AHsociuted Press.) Forty-seven
hundred persons are reported dead as the result of an in
fluenza epidemic in greater Tokio which started about 20
days ago.
HIGHER POSTAL RATES VOTED
Washington, Jan. 2.,. The senate today voted 50 to 29
against sttriking out the rate raising section of the adminis
tration postal pay and rate increase bill.
R-KKGDOLL'S AIDE SURRENDERS
Philadelphia, Jan. 23. Eugene Stccker, also known as Ike
Sleeker, who aided Grovcr C. Bergdoll, millionaire draft
dodger to escape from his mother's home here in 1920, sur
rendered today to government officials in the federal build
ing. He said he left Bergdoll in Germany.
WARREN'S NOMINATION DEFERRED
Washington, Jan. 2.'!. Action on the nomination of Charles
B. Warren, of Michigan, to be attorney general, was deferred
today by a senate judiciary sub-committee on the insistence
of Senator Walsh, democrat, Montana.
THE WEATHER
OREGON: Unaettled and-colder to.
night and Saturday. Moderate south
westerly winds.
Local: Max. S4; mln. 45; rain, .65;
rlrer, .8; atmoa., cloudy.
S&SSfftti0 SEXS
Constitutional Inhibition
Upon Levies On Wealth
Proposed; Vote of
People Is Requested,
A resolution referring to a vote
of the people a constitutional
amendment inhibiting the levying
of any Inheritance or income tax in
the state of Oregon was introduced
the Benate today by Senator
Dennis,
It Is patterned closely after a
constitutional amendment recently
adopted In Florida prohibiting in
heritance and income taxes, and
which has resulted in a tremend
ous Influx of capital Into that state
for investment and development.
Ileiicrlts Are Cited
It was these beneficial results
flowing to the etate of Florida
from the enactment of the amend
ment that prompted Senator Den
nis to Introduce the resolution, he
expressing the firm conviction that
If a like measure la adopted by
the people of this state there will
also be an Influx of capital Into
Oregon for Industrial expansion
and the development of its re
sources. This industrial expansion and
development would In turn result
in lower taxes, ho pointed out. In
fact he contends that more popu
lation and taxable wealth la the
only solution for Oregon's tax prob
Jem.
"My reasons for Introducing this
measure which, if referred by the
legislature and later enacted by the
people of the stale, plainly consti
tute a bid and an Invitation by
Oregon to the people of the mid
dle west and east to come here
and make their homes and do busi
ness unharransed by the constant
changing of tax legislation," said
Senator Dennis in discussing the
measure. .
Would Km) Controversy
"It is a step following Florida
where the pnR.snge of a similar
meojiuro is proving extremely suc
cessful.
"1 favor an Income tax In prin
ciple and two years ago as chair
man of the assessment and taxa
tion committee of the state senate,
worked hard to assist In writing
upon the statute books the Income
tax law which was later repealed
by a popular vote of the people.
That repeal has convinced me that
Oregon people will never let an in
come tax measure become a perm
anent law. Like a family quarrel
It wl'l come and go, leaving the
commonwealth in an unsettled con
ditlon and will cause constant
anxiety and uncertainty regard
lefcs of which aide In the controv
ersy briefly predominates.
"The United States government
has made the very words, 'Income
tax,' unpopular, so unpopular in
fact that regardless of whatever
iiieiit taxing of Incomes posesses,
the human disposition rebels when
the wordH are mentioned.
"All of this being true and well
(Continued on Page Seven)