Capital journal. (Salem, Or.) 1919-1980, January 27, 1925, Image 1

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(I: irtlif'f ' in
CITY EDITION
Dally average t paid circulation tor
month ending December II, lilt
THE WEATHER
OREGON: JUln tonight and Wednee
day, warmer In east portion tonight.
Fresh and atronc southerly winds.
Local: Max. 62; min. it; rain, .1:
rlrer, (.(; atmos., cloudy; wind, south.
uiouumai
6366
Average dally distribution t,766.
Member Audit Bureau of Circulations.
FORTY-SEVENTH YEAR No. 23
SALEM, OREGON, TUESDAY; JANUARY 27, 1923
PRICE THREE CENTS
ON TRAINS AND NBWS
STANDS FIVE CENTS
IF
Ml
JV
JV
ANTI-SALOON
BILLS MAKE
APPEARANCE
Compulsory $500 Mini
mum Fines and Impris
onment For Violators
Klan Bills Introduced.
The first of the bills sponsored
by the Anti-Saloon league of
Oregon and other prohibition
forces In the elate to make more
stringent the provisions of the
dry laws made its appearance In
the house this morning bearing
the name of Representative Hurl
burt, one of the members of the
special house committee Acting
with the senate alcoholic commit
tee in the investigation into the
operations of the state prohibi
lion enforcement department.
The bill provides for minimum
fines of $500 and maximum fines
of $3000, and gives justice ennr'
authority to Impose these tien-
. fences.
It also makes both fine and im
prisonment compulsory and fixes
the minimum jail sentence at six
months, Instead of 30 days as pro-
rided under the present law.
Today also marked the Intro
Auction of the first bill carrying
Into effect the Kit KIux Klan
program. The bill bears the name
of Representative Lewis, who
stood out In the 1923 session as
the spokesman for the klan in the
house, and was presented by Rep
resentative Hurlburt. Illn-ws has
kept Representative Lewis from
attending eo far this session.
Tax exemptions on church
property would be cut down to
$5000 property value and to one
half acre of land under the terms
of the bill, and It also provides
that only grounds actuary used
by charitable institutions should
be exempt from taxation. It is
aimed directly at the large prop
erty holdings of the Catholic
church in the state for edu:ation
al and other purposes.
B! PROSECUTION
Portland, Or., Jan. 27. Cases
atlll pending involving charges o
bribery and malfeasance, develop
ed in the investigation of. award
of contracts and letting of the
ob of bridge engineer for bridge
cross the Willamette river at
Portland, are to be wiped off the
eourt records. District Attorney
Stanley Myers announced today.
He said this action would be t.ik-
m at the request of the attorney
reneral's office which initiated,
at the Instance of Governor wai
ter M. Pierce, the Investigation
which resulted In the indictment
at three -former county commie-
doners, Robert Ej Kreiners and
members of three bridge contract
ing companies.
' A charge of giving a bribe still
against Robert E. Kremere.
bridge engineer, is the only one
tot included in the wbolesale n:v
niesal.
, Dismissal of the Kremere case
la held certain as the state has
idmltted that it has no hope o
sonvlcting him.
PATENT RIGHTS
HELD PROPERTY
Washington, Jan. 27. Tlie
board of tax appeals today placed
ownership of patent rights id the
tame category with tangibly or
naterial business assets.
In an opinion In favor of :h?
Dnlon Metal Manufacturing com
pany of Ohio it was held thrt a
taxpayer holding patents and cx
rcislng the rights under them in
the conduct of hts business Is en
titled to a deduction from grow
Income for their exhaustion ur.t:
the rcvenuo art of 191S.
Failure by the taxpayer to claim
uch deductions In the origin?! Iti
rome return was held not to pr.
dude deductions at a later d.nr
BCASKBBROPPED
E TO
TELL fBRIBE
0
Federal Dry Agent Called
Before Probers Cleav
er's Report Declared
Fraudulent By Sheriffs
Portland, Or., Jan. 27. Fed
eral Prohibition Commissioner J.
A. Liuvllle said today that be had
dispatched his legal adviser,
Krauk 13. Mitchell, and one of hit?
men to Salem to give testimony in
the Cleaver probe regarding an
effort that belays was made on
tne part or Cleaver and thu Anil
Saloon league to involve bis office
in bribery charges.
It is understood that Dr. J. A.
Linville, federal prohibition com
missioner for Oregon, will tonight
be called before the prohibition
investigation here to testify about
a bribe that some of Cleaver's men
offered one of the federal men. It
Is hinted that about $100 of
state money 1b lying in the office
of the federal attorney in Port
land that will figure in this ac
cusation. George L. Cleaver, the state pro
hibition department and its ageato,
as well as Governor Pierce, statu
tory commander in chief of the
state prohibition forces, figura
tively hopped from one foot to an
other on a grill made superlative
ly hot by the testimony of three
damaging witnesses before the
committee investigating the state
dry squad and its operations yes
terday. Adding to the allegations hurled
at Cleaver and his aides during thu
afternoon session by Sheriff
Starmer of Douglas county, S. B.
Roberts, sheriff of Deschutes
county, and Clyde N. Johnston,
former district attorney of Lane
county, last night tore Into the
assertions made In Cleaver's" bi
ennial report in a manner that left
it sadly riddled, and then proceed
ed to lay bare the political and
other operations of the prohibition
department.
Submitting facte and figures in
rapid-fire succession they charged,
in the main:
That Cleaver's biennial report
is false and padded to reflect un
deserved credit upon his depart
ment in practically every detail.
That most of the arrests and
convictions claimed by Cleaver
should rightfully be credited to
the local officers in the counties
in which they operated.
That instead of confining them
selves to the $25,000 provided
them by law, Cleaver and his.
agents were actually paid ma
used up $50,000 during 1924.
That the state prohibition de
partment was used as a political
instrument to defeat certain coun
ty officers in the primary and
state elections, Sheriff Roberts ex
plaining that he had been told by
one of Cleaver's agents that
Cleaver had asserted "we have got
to get a sheriff or two, so that
our records can show their con
viction of some sheriffs for viola
tions of the liquor laws.'
That the prohibition department
(Continued on Page Six)
House Appropriation Passes
Washington. Jan. 27. The
house today passed the bill car
rying appropriations for the de
partments of State, justice, com
merce and labor.
Li
LEAVER
Tie-Up of Stage Lines
Out of City Averted
By Securing Licenses
A tleup of all st.iRca operating In
the city under the management
of the Portland-Salem line and
the West Coast line was threaten
ed by Officer Ilicknifln this morn
ing at 9 o'clock, as a penalty for
their not taking out city license
provided by ordinance, pertaining
to all vehicle carrying passengers
for pay.
Prompt measures on the part of
the bus managements released
their machines Notification was
sent Chief of Police Minto that the
licenses would be taken out at
once. Ton humn of the Portland -Palem
line will each take a $25
license, .-iii four of the West Coast
ri wit, h-tvc a $25 license each.
VI! r: kui"k stagca are taking
Voice Heard Upon
Radio 9000 Miles
O'er Sea and Land
New York. Jan. 27. A human !
voice rode the air across the con
tinent today, crossed the Pacific
and delivered its message to hun
dreds of thousands of persons in
Australia, more than 9000 miles
away. Officials of the Westing
house company, though whose sta
tion KDKA at Pittsburgh the test
was made, declared the achieve
ment to be the greatest in radio
history.
A cablegram received here sev
eral hours after the broadcasting
related that the voice had been
distinctly heard by radio set own
ers who had tuned in at Sydney,
Australia, and at Rabaul, the
capital of British New Guica.
Two amateurs reported having
picked the words winged nine
thousand miles at Melbourne, al-
HEFUN CALLS
E
Washington, Jan. 27. Debate
on tho nomination of Attorney
General Stone to be a justice ni
the supreme court was resumed on
the senate floor today while thi
judiciary committee was complet
ing plans to talk the question over
tomorrow with the attorney gen
eral himself.
Declaring the attempt to return
a second indictment here agaUst
Senator Wheeler of Montana bud
nothing to do with his attitude
Senator Heflin, democrat, Ala
bama, said be was objecting to
confirmation entirely on account
of Mr. Stones arguments before
the supreme court some years h?o
in behalf of executors of thd J
Pierpont Morgan estate in a :vi
brought by James Ownhey of Colo
rado. He was convinced, he said,
that in the Ownhey case "a citizen
of the United States was denied
his rights under V. e laws."
"It Is a serious thing," he con
tinued, "to appoint a man for life
to the supreme court. No lawyer
who aspires to that place ought to
object to having his record dis
cussed.
3 YEAR TERM
Vale, Or., Jan. 27. Bert Law
rence was sentenced to serve three
years In the state penitentiary,
and his brother, Mollis Law re ate.
was sentenced to two years by
Judge Dalton Biggs of the circuit
court yesterday a'ternoon as a re
sultof their conviction last week
of assault with a dangerous
weapon upon Ralph Harvey, at
Ironside, 30 miles north of the
railroad, October 16, when the pur
a rope around Harvey's neck and
hanged him to a cot ton wood tree
until he confessed to having re
ported bootlegging operations to
the district attorney's office. Tho
defense set up at the trial that
Harvey had annoyed Bert Law
rence's wife and that the brother
were making him leave the coun
try In order to do away with dis
tention in the Lawrence home
licenses as they come Into the city,
and only two have not yet called.
Last year the taking out of these
licenses was deferred for three
months or more by the stage com
panies, but this year It was decid
ed to be more severe with them.
AH taxis have compiled with the
ordinance, and are duly licensed.
A close check up on all care In
the city will be taken at the close
of January, and any still carrying
1924 license plates will toe appre
hended. If receipt can be produc
ed, In the case of out of town ears,
showing the application for 1925
plates, nothing will be done, but if
no receipt can be produced arrest
will follow, declares Officer Hickman.
though the main stations there
failed to receive them because of
atmospheric Interference.
The messages put on the air
for the Australians were from
Frank B. Noyes, president of the
Associated Press; J. A. M. Elder.
Australian commissioner to the
United States; Herbert Bayard
Swope. executive editor of the
New York World; Arthur Bris
bane, Hearst editorial writer;
Frank Munsey, publisher of the
New York Evening Telegraph
Mail and the New York Sun.
The tests will be continued the
remainder of the week.
KDKA sending at the pre-arranged
time of from five to six
o'clock in the morning at which
lime it was between 8 and 9
o'clock in Australia, broadcast on
a wave length of 63 meters.
STONE'S OFFICE
IS IN PROSPECT
Washington, Jan. 27 Not only
the attorney generalship but sev
eral other key positions in the de
partment of Justice are Included
In the turnover of offoclal person
nel In prospect for the next few
weeks. August T. Seymour of
Ohio Is expected to give up his
post as assistant to the attorney
general about March 1 and return
to the practice of law In Columbus.
The$e already are two vacancies
In assistant attorney generalships
and Mrs. Mabel Walker WUte
brandt, In charge of prohibition
cases. Is believed likely to leave
the department in the near future,
even should President Coo 11 due de
cide not to follow recommendations
that she be named to a federal
judgdhip In California. In addition
Herbert Votaw, superintendent of
prisons has handed In his resigna
tion.
Attorney General Stone, whose
nomination to the supreme court
Is pending In the senate has decid
ed to fill none of these places so
that his successor, Charles B.
Warren of Michigan, will have a
free hand in re-allgnlng the per
sonnel of the department.
HELD ILLEGAL
Attorney General Van Winkle
today held unconstitutional a
bill introduced In the house that
would reduce the license fee on
automobiles after the car had
been used Tor a period of years.
It Is based on the theory that this
would be discrimination In favor
of a certain class. Also It Is held
that an ad valorem tax cannot
apply to automobiles, since, un
der an opinion of the supreme
court. It Is not the car that in
taxed, but the privilege of using
the car on the highways. A simi
lar opinion. It la said, was Riven
W. B. Den n in. chairman of the
special committee studying the
auto license question, several
months ago. and alyiough this
opinion ie embodied in Dennle' re
port be Introduced such a bill
nevertheless.
UNDERWOOD BILL
T CONFERE
Washington, Jan. 27. The
house today sent the UnderwoiJ
Muscle Shoals bill to conference.
This action was taken In the face
of a demand for reference of tho
mean ii re to the military commit
tee. Party lines were disregarded
in the vote taken after two hours'
debate.
The vote was 181 to 41. Pro
ponents of the action argued that
It would pave thej way for final
action on the nfeaxure, which
would authorize private leasing tA
the property, at this resslon. pro
vided conferee friendly lo tV
measure are named to ropr.v -v,
the senate.
PLAN CAUCUS
UPON SPEAKER
NEXT FRIDAY
House Republicans to De
cide Between Madden
of Illinois and
worth of Ohio.
Long-
Washington, Jan. 27. House
republicans will caucus Friday
night, February 27 to decide upon
their candidate for speaker and a
floor leader.
This decision was reached today
at a meeting of the republican
committee on committees of the
house. Representatives Long
worth of Ohio and Madden of
Illinois are candidates for the
speakership.
Under a resolution adopted by
the committee, republicans who
will serve during the 69th con
gress and are not members of the
present house will be Invited to
participate In the conference.
No action was taken as to
whether LaFollette insurgents
should be Invited to attend.
There were Indications, how
ever that a move would be made
either before the caucus or after
It gets under way to bar the Wis-
consin delegation and perhaps one
or two other representatives from
that and future conferences of
house republicans.
HOUSE VOTES
E
MARRIAGE LAW
. Vancouver's revenue from mar
riage licenses to Oregon couples
would be materially decreased
under the provisions if bouse bill
120 passed this morning by the
house becomes a law. The bill
would do away with, the county
resident requirement for women
seeking to marry. Bailey of
Multnomah county, explained
that women coming from other
states or counties almost fnevlt
abiy dash for Vancouver for a li
cense and minister.
Other house bills parsed at this
morning's session were: No. US
creating a third stork district In
that section of Malheur county
lying east of the Snake river and
west of the Idaho state line;
house bill 8 providing for refund
ing 173, 844. 3 to Multnomah
county from Interstate bridge
funds; No. 81 creating the office
of meat and herd Inspector In
Washington county.
The house referred hourie bill
6d back to the committee on llve-e-lock.
The bill would (rovlde for
the eradication and control of bo
vine tuberculosis and other live
stock diseases.
British Issue Challenge
London, Jan. 27. (Ily Associ
ated Press) Great Britain has
Issued a challenge for the Davis
cup, the world's premier lawn
tennis trophy, It was announ:ed
here this afternoon.
Income Tax Bills are
Barred by Resolution
Sponsored By Carkin
No Income tax legislation would
be considered by the house or sen
ate under house concurrent reso
lution No. 4 Introduced by Carkin,
Jackson county, today. The reso
lution points out that It has been
the policy of the house not to con
cern Itself with legislation which
the people have turned down at
the polls.
''Oregon lsnow entering on an
era of advancement and prosperity
and that advancement and pros
perity would be retarded by the
fear of probable Injurious effect
upon the people of Oregon of the
passage by this legislature of an
other income tax measure," the
resolution points out.
H 1 1 bill lfifi Introduced today
by t:i'j J ark son county delegation
Ohio Ninth State
To Reject Child
Labor Amendment
Columbus, Ohio, lau. 97
Olilo today refused to ratify
the federal child labor
amendment when (lie house
defeated the Joint resolution
proposing rattflraUou. Oliio
Is the ninth Mule to reject
the amendment, with but
two at a tea voting In Its favor.
SPEED UP WORK
Speaker Burdick yesterday after
noon urged house committees to
speed up their work on bills. He
pointed out that more than 100
bills were In the hands of commit
tees yesterday and that none were
on the calendar for today.
Senate bill 25 which makes legal
teacher's agreement with a
school board when It has been
spread upon the beard's minutes
and signed by the teacher, chair
man and clerk of the board of di
rectors was passed.
House bill 66 which would have
compelled Portland school district
No. 1 to use the same text books
as all other public schools of the
state was defeated by a vote of
36 to 21. Representative Woodward
headed the list opposing the meas
ure. He pointed out that tho dif
ferent situation of the Portland
schools, particularly the fnct that
Portland has a ten months term,
as compared with many other
schools of the state. He also call
ed attention to tho fact that many
supplementary books of regular
text books were eliminated.
House bill 91 authorizing the
state board of education to enter
Into now contracts for school text
books not ordered changed when
the board deems such agreements
necessary was passed by a vote of
32 to 26. The bill states that such
contracts shall be entered Into at
tho best possible price. The bill
Is designed to make It possible to
obtain textbooks which have been
raised In price.
House bill 106 providing for an
appropriation of $4500 out of the
game fund for Mrs. O. N. Denney.
of Portland, was passed by the
nouse. Mrs. Denny Is tho widow
of the late Judge O. N. Denny, who
introduced Chinese pheasants Into
Oregon. Representative Kirkwood
of the game committee explained
that Mis. Denny was In need of
the funds and that her late hus
band had spent around 150
bringing pheasants to the state.
FARM RELIEF IS
BREAKFAST TALK
Washington .tan 97 D--.i
dent Cool Id ge sought at a Whit
House breakfast conference to pav
the W&V for tmnumltuiinir n
gress of the legislative recjm
mendatioos of bis agricultura
commission.
Those present Included th
rankinz memlipi-M f iim nnnr.ii
nnrl hdiiGa a n-rf tttt It ...... I
ices, secretary uore and Senator
"hib ui naiiauH, ana Representa
tive Longworth of Ohio, the re
publican leaders of senate and
house. The Ipmlera til f tiw
executive proposals of the coni-
iiimniuu iu oe maue puonc iottj
row
is a companion bill to No. 102 In
troduced by the same group. It
would provide for appointment of
additional precinct committeemen
In counties of less than 150,000
population making two such offic
ials, the Intent being to obtain a
larger representation of voters In
the pre-prfmary conventions pro
posed by bill 102.
Another bill Introduced by
Hurlburt, Multnomah county
would make It compuleory for
precinct committeemen to call
public meetings to discuss ques
tions of general concern and glv
lng them authority of chairman
in their parties In the precincts.
Failure to call such meetings shall
give cause for removal of the peti
tion of five citizens.
BUDGET HELD
AMPLE FOR
Governor Tells Commit
tee Surplus Will Be
Realized If Recommen
dations Carried Out.
Practically all state Institu
tional Improvements needed can
safely be authorized by the wayo
and means committee. Governor
Pierce told the committee last
night.
On the basis of the tax levy
made in December, with the 6 nor
cent Increase taken into consider
ation, and tho elimination of cur
tain funds, the governor told thi
committee there was a surplus of
S181.778.82 over the Institution
al requirements. The budget esti
mates that the governor said
should be eliminated were: $30,-
000 for the battleship Oregon,
$175,065 for state accident com
mission. $20,000 for market
agent, and the quarter mill road
tax amounting to about $529,400.
The governor also urged diversion
to the general fund of balf a mil'.
from the one mill veterans' state
aid tax, which would moint iu
two years to about $529,440.
With the available surplus the
governor recommended the fol
lowing betterments: $64,559 for
industrial building at state hoe
pital, $50,000 for new building at
feeble minded institution, $75,
000 to complete new training
school for boys, $32,800 for new
building at tuberculosis hospital,
$25,000 for building at children's
farm borne, $40,000 for county
fairs, $65,000 for Pacific Inter
national livestock exposition, $14
(Continued on Page Seven)
REFUSE TD LET
DAUGHERTY TELL
OF "SITUATION"
Now York, Jan. 27 Harry M
Daugherty, former attorney gener
al, called as a witness for the de
fense today In the Means-Felder
trial, wua refused permission by
Federal Judge LIndley to tell the
details of the "situation" existing
at Washington during the eventti
leading up to the Indictment of the
defendants.
M r. Da UKiieity said that for
some time the state of affairs In
Washington was such that there
were men In the capital who were
"hell bound -and spell bound."
"I would like at this time to tell
the true story of that iHuation If
I am permitted to do so," said
Mr. Daugherty. Judge LIndley,
however, refused him permission.
Mr. Daugherty denied that
Thomas B. Kelder, one of the de
fendants, ever talked to him about
indictments then pending against
the Crager system, a com pa ny
manufacturing glaa caskets. Pelti
er and his former client, Unston B.
Means are being tried on charges
of conspiring to bribe hlKh govern
merit official Including Mr. Daimh
erty In attempts to quajh the gUum
casket Indictments.
IKE
London, Jan. 27. The electric
lighting, Ii cut tun and other engi
neering services at Buckingham
palace, the house of parliament,
Hampton Court and Kew Garden
were run by volunteers today
owing to a strike. Two hundred
members of the engineering stuff
of the office of works went ou
because of the employment of
non-union msn in the eastern d
vision, and it was expected 900 In
all would be Involved later.
Volunteers will keep tho olf .
Lrlcity going in the royal aparr
menU, but as King (ieorge an A
queen Mary are nt Sanriiig'inMi
they are not likely to he effe.Hr 1
by the discontent of their sub) ei
unless the strike is extended.
The heating furnarc In h
house of parliament will be cl a "I
down this afternoon.
STATE NEEDS
NAMES PORT
OE HHUN
COMMISSION
Governor Takes Aggres
sive In Move To Deprive
Him of Appointive Pow
er By Coup.
Tho following twelve senn
ton tiro hmUI to liuvc in
formally ngrecri to unite In
opposing any legislative ef
fort to "liuuiKtrhig" the gov
ernor by removing his ap
pointive Mtver: Joseph, Kin
ney, SUipIe, Tooh, Miller,
Dunn, Hare, Johnson. Stniy
er. Ia Poll -de, l-'Mtc ami
(nrliiml. With this opposi
tion. It will Ik Importable to
presu any mcnMiru over the
veto.
Governor Pierce took an active
hand in the ltglHlatlvo controversy
over the proposal to take appoint
merit of the commissioners of tha
I'ort of Portland out of his. hands
nnd vest It in the legislature thlt
morning when he announced tho
appointment of new port commls
sioner to succeed the five whose)
terms expire on June 1 of this year.
By taking the bull by the horn
and making the first definite move
the governor la considered to haver
place il tho forces which would
sheer him of theso appointments)
in somewhat of a hole, and It nov?
becomes necessary for the legisla
ture to legislate thse men out of
office If they are to carry out the
program they have been working;
on. In the face of the difficulty
that has been experienced In lin
ing up support for the plan to de
prive the governor of this appoin
tive power, this latest move is con
sidered In some quarters as spell
ing defeat for the entire plan.
Ths five commissioners named
by the governor this morning are:
Clyde E. Lewis, to succeed
George H. Kelly.
Jefferson Myers to succeed Frank
M. Warren.
J. W. Ganong to succeed Phil
Metwhnn.
Drake O'RelPy to succeed H. S,
Hargcnt.
Gooigo M. McDowell to succeed
W. L, Thompson.
A desire to clenr the political at-
(Continued on Page Seven)
T
Ilcrrln, 111., Jan. 27. (By Ansa
nlatod Press) Testifying today at
the Inquest Into the death of 8,
Glenn Young, Ku Klux Klan.
liquor raider, Deputy Sheriff Or
Thomas, Young', arch-enemy, and
two others, Henry Peterson of
Herrin told the coroner's jury ht
saw Thomas fire the first fatal
shot In the fatal affray Saturday
night.
Peterson said he was standing
on the walk near the European
hotel when Thomas entered the
Canary cigar store In the building.
Tho deputy sheriff's hands wer
in his pockets, his right hand
gra.tplng an automatic, Peterson
said.
The witness, peering through
the window, said Thomas walked
past Young who was talking to
"Up" Green, a miner. The)
deputy then pulled his gun and
fired, Peterson testified, the but
let crashing through the window.
As he dropped to the walk, Peter
son said. Kd Forbes fell Inside tha
building near the window,
Peterson said he did not see th
shooting of Homer Warren, whoe
body was found later at the curb,
some ten feet from the window.
The witness said he did not seel
any one fire from an upstairs
window. He added, however, h
believed he had seen gun flashOQ
outside the hotel building.
FIVE BURN TO DEATH
IN FARM HOME BLAZE
Barnum, Minn., Jan. 27. Fir
persons burned to death here to
d:iy when the farm home of Mt
foim (ierurd was destroyed by fir
Three persons escaped.