Capital journal., March 13, 1925, Image 1

.:hi (.1 : lUhAL LUUtGI
VAR 14 1925
L! 8 K AR Y
CITY EDITION
Dally ftverag nt paid circulation for
month end February 21. 1121
UNSETTLED WEATHER
Tonight and Saturday; probably light
rain In west portion; no change, tn tm
perature; moderate westerly win da.
Local: Max., (0; min., SI; rain, none,
river, Z.T, falling; atmoa,. cloudy; wind,
out h west.
6811
Average daily distribution 7261.
Member Audit Bureau of Circulations.
FORTY-SEVENTH YEAR No. 62
SALEM, OREGON, FRIDAY, MARCH 1.1, 1925
DBiriTj TtIDT?1? rfHT? ON TRAINS ANU NBW8
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ADMITS FEVH
Owner of Scientific Uni
versity Says Tube of
Typhoid Cultures Tak
en During Studies.
Chicago, Mar. 13. Dr. C. C.
Fa i man. owner of the National
University of Science, question
ed In the coroncr'e inquiry into
the death from typhoid of Will
lam Nelson McClintock, "million
aire orphan" wae said by states
attorneys today to have admitted
after a night questioning that
tube of typhoid germe wae stol
en from him a year ago last No
vember.
John S. Sharbaro, assistant
prosecutor, also said Fuiman told
him that William D. Shepherd,
foster father and chief heir of
McClintock'e $2,000,000 estate,!
visited the school and took sev
eral sample letssons.
During a lull In the question
ing, Faiman and John P. Mar
chund, formerly hie agent and
also questioned, came to bio we in
& dispute over a letter which they
said Shepherd bad written to the
school asking Information regard
ing courses. When questioned be
fore the coroner's jury, both had
admitted there had been euch a
letter, but neither could remem
ber what had become of it. Mar
ch and charged Faiman with
knowing what had become of it,
which Faiman denied and several
blows were struck before they
were parted. The letter, which
Faiman said Shepherd had writ
ten In the full of 1023, according
to prosecutors, was destroyed
with other applications for Infor
mation regarding courses.
According to Fai man's etory as
state's attorney said he told it.
Shepherd shortly afterward at
tended lectures on germe for
about a week, but never paid any
tuition and never returned.
Shortly afterward, Faiman
said, he looked in an Incubator
where a supply of germs cultures
wae kept and which was acces
sible to students and found three
tubes missing, one of whick he
was sure contained typhus baccill
The others also may have held
the typhoid germs, be said.
New Interest was aroused in the
scandal over the river steamer
Relief when It became known In
Salem this morning that C. F.
Schaub, owner of the boat, had
changed hi demand for the en
tire $20,000 for which the boat
was insured, and Is now suing
only for the cost of raising the
boat and putting it back Into good
condition.
Originally the insurance com
pany Intended to put the Relief
Into condition, and actually did
raise the boat from the bottom of
the Willamette river. It having
sunk near the bank at the foot of
Court street. Schai.b demanded
the entire 120.000 for which the
boat was injured, however,
which gave rise to a serious con
troversy between himself and
representatives of the insurance
company. The company filed a
suit for the money it bad spent
raising the craft, alleging that it
had been deliberately allowed to
sink.
It Is suspected in some quarters
that the counter suit was filed
merely for the purpose of bringing
Schaum to terms, and that the
company never entertained any
serious belief that It could prove
In court that Schaub had, through
criminal neglect or worse, allowed
bis boat to sink.
Tho boat was Insured with the
Globe and Rutgers fire Insurance
company iindr terms conforming
with English law.
The case has not yet come up
for trial In federal court at Tort
land, where It will be h?ld. It
was originally set for March 2. but
"has been potponrd.
BRITAIN FOILS
LEAGUE PLAN
FOR SECURITY
Rejection of Disarma
ment Protocol Causes
Reference of Subject to
Next League Meeting.
Geneva, March 13. (By Ass3
elated Preso.) The league of na
tions disarmament and security
protocol, put out of present con
sideration at least by the rejection
of It voiced by Great Britain on
behalf of herself and all her do
minions, except Ireland, was
lcrred by the council of the league
todjy to the next league assembly,
together with the pronouncements
made upon it by the British and
representatives of other powers.
Addressing the council at the
opening of today's meeting. For
eign Minister Bencs of Czecho
slovakia, one of the principal pro-
poncuts of the protocol, elaborated
at the last assembly session, de
livered an eloquent appeal that the
principles o the protocol be pre
served.
Dr. Benes Insisted that what
ever might be the weaknesses of
the Instrument, which was con
structed in one short month at
Geneva, the ideas behind It were
essential to the league and the
world to prevent further destruc
tive wara.
Bcfore the resolution was sub
letted to a vote Austen Chamber
lain, the British foreign secretary,
announced that Great Britain
wished to re-affirm her firm at
tachment to the principles of arbi
tration and disarmament because
she was anxious to do her share in
giving peace and security to the
world.
The resolution, unanimously
adopted, means that, the sixth as
sembly, opening in September
will institute an entirely new ex
amination of the problem of inter
national peace and reduction of
armaments, including the British
suggestion for special defensive
treaties operating under the
guidance of the league.
ARRESTED FOR PEDDLING
CIGARS ON SUSPICION
When the parents of Alltn G
Hunt, back in St. Louis, sent him
$25 to get home on a few weekc,
r.go, ho spent the money for grub
instead of railroad faro, he ex
plained to Sheriff Bower and that
is why he was arrested yesterday
trying to peddle from cigar stores
to cigar stores a couple of boxes
of cigars for anything he could
get for them.
Hunt says he bought the cigars
c, a fellow in Portland dirt cheaji
and they were his last resort for
meal money. There was nothing
:c indicate that he had stolen the
mokcs himself, but his arrest may
lead to some cuies as to cigar
robberies which have been fre-
Miient up and down the valley.
Governor. Executes
About Face Move
Over Proposed Road
Rig..t about face by Governor
Pierce in regard to a proposed new
ounty road from tiie girls' indus
trial school to the boyr school,
has brought about a clash between
the county court and the board ol
control. An effort will be made to
smooth this out a special con
ference of the two bodies called
for 2 o'clock next Tuesday after
coon. The conference was set fol
lowing a vieit yesterday afternoon
by the board and members of the
county court to the schools and a
trip over the proonsed new road.
The governor's switch from
narmest enthusiasm for the road
to hottest disapprobation, bap
caused the county court some
warm moments, as acting on whaH
apparently was the governors
earnest desires in the matter the
court went ahead last fall and
went to the full extent of collect
ing and raving damages for the
roadway, and now the executive
;s hot againHt It
When W. H. Downing was still
miTe last year, the court went
vor the road with the executive.
t that rime the governor de-
'.-rn; th road must to through.
Mellon Strikes Back
At Couzens; Seeks
$10,861,131 In Taxes
fy i? 15 J j
K? -tyt At
Washington, Mar. 11 An addi
tional tax of $10,861,131.50 has
been assessed by the treasury
against Senator Couzens, republi
can, Michigan, on the sale of his
Ford Motor atock in 1919. Senator
Couzens declares an attempt la be
ing made to "discipline' him for
his activities In investigating af
faire of the revenue bureau.
PARI OF SALEM
Representing tnat their inter
ests are mainly in Salem and that
their growing city should be
part of the captial city, a delega
tion of West Salem citizens today
waited upon City Recorder Martin
Foulsen for information as to how
they should go about annexing
their city to Salein.
The members of the delegation
were F. N. Needliam, W. D. Phil
lips, N. O. Bruns, Dr. Patterson
and Arthur Moore. They have
employed an attorney and it is
understood that an effort will be
made 'mmediatcly to bring about
the annexation. The committee, it
Is said, is today Interviewing tho
mayor and members of the city
council of Salem as well as ihe
city recorder.
Asked whether It would be nec
r&sary in the annexation process
for Marion county also to annex
that part of Polk county in which
West Salem is located, Carl Pope,
city attorney for West Salem, said
lie had not yt looked into that
point. He said that should the
Salem city council be favorable to
the annexation the West Salem
people would then take whatever
immediate steps are necessary, but
that If the Salem ctiy council
not favorably disposed it will be
useless to carry the matter any
farther.
N. O. Bruns, a member of the
West Salem" committee, attempted
to get the question on the ballot
last November, but didn't start to
work on the matter soon enough
and be wrote a letter to a farmer
m the road saying over bis signa
ture. "1 am anxious that this road
be put through at the earliest pos
sible moment.
As a result the farmers along
the way drew up a petition, tb
court laid out the new road, view
ere assessed $456 damages, and
people along the route paid the
damages out of their own pockets,
these being paid to farmers whose
end was cut up. These farmer:
ul ready, or one of them at least,
has changed bis fence and gone tu
considerable expense.
When patrolmen went In to cut
down some of the trees to open up
the new roadway, the executive
went up Into the air and sent
man out to stop work. Superin
lendent Patterson also objected tn
the road because she did not wan1
a, count highway so close to the
school. Secretary Roster never was
very warm for the project. It Is
stated.
The new road would make
link between the schools about
mile shorter than the present road
and cut out an exceedingly steep
iciade.
KOZER ASKS
$50,000 FOR
MOTOR Li
Emergency Board Must
Supply Funds To Ad
minister Title Certifi
cate Act Passed.
An early meeting of the state
emergency board apparently will
be necessary to provide the secre
tary of state with funds to admin.
later the new automobile title cer
tificate act, which was introduced
by Senator Magladry, and which
made no provision for administra
tion funds or postage. The first
year's expense of administering
the act, according to Secretary of
State Kozer, will range from $50,-
000 to $100,000, for which It
will be necessary for the secre
tary of state to incur a deficiency
by authority of the emergency
board. This Is the opinion of At
torney General Van Winkle In re
ply to an Inquiry by Kozer.
The act necessitates a personal
dealing between tho secretary of
state and every motor vehicle own
er In tho state, numbering by the
end of this year an estimated
200.000. The clerical work at
tached to this, says Kozer, will be
far heavier than that attached to
the regular automobile registra.
tion. The act provides that the
secretary of state must mall to
every automobile owner a copy of
the act and a blank from on which
to apply for certificate of title.
Upon receipt of the application, if
this Is approved by the secretary
of state he then has to mail the
certificate. This makes two mail
ings to each motor vehicle owner,
with 2 cents postage on each
parcel. Estimating the number of
motor vehicle owners at 200,000
this means $8,000 in postage
alone. The remainder of the ex
pense will be for clerical help.
STOKES AND LEE
Chicago. March 13. W. E. D,
Stokes, millionaire apartment ho
tel owner of New York, and Rob
ert Lee, Chicago negro, were ac
quitted this afternoon after a trial
of one month on charge of con
spiring to defame Mrs. Helen El
wood Stokes. The jury was out
one hour and five minutes.
Three ballots were taken on
Mr. Stokes before an agreement
was reached, members of the jury
said, while the negro co-defendant
was acquitted on the first ballot
The indictments were brought
against Mr. Stokes and the six
others while his second divorce
suit was pending In New York.
It was to aid It, the state alleged,
that Stokes desired to connect Mrs.
Stokes with the former Chicago
vice district.
The trial brought vindication
for Mrs. Stokes from C. F. Rath-
bun, her husband's counsel, when
on Thursday he Informed the
court and jury that he did not be
lieve that Mrs. Stokes ever was an
inmate of the Everleigh club or
that she had associated with
negroes.
WITHDRAW TRACT FOR
TOWNSITE AT ALGONA
Washington, Vjrch 13 The
withdrawal of nine acres ot pub
lic land near Algoma, Klamath
county, Oregon, for township pur
poses was authorized In an execu
tive order Issued today. The trac
will be surveyed, divided Into lots
and sold at public auction. Prior
lights of the present occupants
will be recognized.
GUARDSlOSfEDTO"
PREVENTDYNAMITING
Washington, March 13. Spe
cial guards were posted today
around the Immense brick struc
ture which houses the government
printing office as a result of
anonymous threats to destroy thr
place with bombs.
A controversy has raa'-rt rr--r-:t
It over dismissal of rvfinl lm:
dred prlntinr office employe)-.
Mercy Extended
To 9 in 1 Day by
Governor Pierce
Nine certificates of executive
clemency, .cot Including paroles, j
were filed today by Governor
Pierce with the secretary of state.
The governor said the number was
unuiually large, but due to an ac
cumulation of cases that be bad
not had time to act upon during
the legislative session. The nine
cases cover two conditional par
dons,' three commutations and
tour restorations to citizenship.
The conditional pardons were:
Robert Bruce Convicted In
Linn county for attempted burg
lary not In a dwelling and en
tenced to Berve from one to two
years.
Mike Gomez Convicted In Lano
county for larceny and sentenced
o seive three years. Conditionul
y pardoned to be turned over to
federal authorities for deportation
to Mexico.
The commuted sentences were:
Ed Canning Convicted In
Clackamas county for oblaning
money and gods under false pre
tenses and received at the peni
tentiary June 28, 1922, to serve
four years. Commuted to three
ears.
William Brlnkjey Convicted In
Columbia county for larceny and
LIFE PRESERVER
STOCK SELLER
Selling stock In the National,
Life Preserver company of New
York, bailed as a $3,000,000 con
cern, with stock at a dollar al
share, proved the undoing of L. B.
Simons, who is reposing in the
county jail here, uuabW to -make
$500 bail money demanded by the
Woodburn justice court from
which he was brought by Deputy
Sheriff Bert Smith yesterday.
According to the evidence
Simons soW about $200 worih of
this Btock In Woodburn and got
the money for It It is1 stated he
also sold some stock in Portland,
getting halt payment down and
the balance to be paid on delivery
of the stock. It is stated Simons
did not turn over the stock but
made representations that he
knew where he could get it in a
week or two.
Simons had no stock salesman's
license and bad no shares him-
Mlf.
He carried with him photo
graphs of the life preserver which
wae. to be the means of bringing
big returns to the Btock buyers,
the preserver being a heavy suit
covering tho passenger's body, In
which he attired himself when he
discovered himself aboard a sink
ing craft. The pictures showed
17 any mermaids and mermen dash
ing happily about, in the waves,
uttired in thes- suits, showing the
most utter contempt for all dan
gers of drowning.
He also had a large pad of stock
applications, which advised that
.he company is a New York con
cern, with the $3,000,000 CHpital
(Mentioned.
Simons rather apologized for be
ing unable to rustle $500 ball. ri
is well dressed and of the natty
: tock salesman's type.
"Sometimes it Is hard for even
i mllionaire to pick up $500 cash
n the spur of the moment," ex
plained Simons, when surprise was
expressed that he could not dig up
(he $500.
THOMPSON'S CASE TO
GO BEFOREHAND JURY
The case of Clarence W. Thomp
son, former cashier in the state
treasurer's office during the
regimes of Treasurers Hoff and
Myers, and charged with misap
propriation of state funds, will
have his case before the grand
Jury In about week-, It was
learned today.
It Is understood the court will
be asked to continue the grand
jury sessions from time to time.
The Jury adjourned yesterday and
reconvened today and probably
will take another recess for a few
days.
According to street corner talk
Thompson's case may reveal some
Intenitlng testimony In regard to
conditions that have obtained In
connect inn with the treasurer's
offlrc ilurins the past few yean.
received at the penitentiary June
13, 1921, to serve 10 years. Com
muted to six years.
Fred Williams Convicted In
Benton county for assault while
armed with a dangerous weapon,
and received at the penitentiary
May 24, 1920, to serve 10 years.
Commuted to seven years.
The four whose citizenship was
restored bad all been paroled and
ii ince had lived law-abiding lives.
They were:
Fred Shields Convicted In
Multnomah county for assault
with intent to rob, and received at
the penitentiary November 27, 1
1915, to serve from one to 10
years. Paroled October 6, 1923. j
v Cecil Ledgctt Convicted in
Morrow county for bugtary and
received at the penitentiary De
cember 16, 1925, to serve one
year. Paroled May 10, 1924.
Clarence McDade Convicted In
Jackson county for assault while
armed with a dangerous weapon
and received at the penitentiary
Novmber 19, 1920, to serve 11
years. Paroled December 13, 1922.
Pete Chauez Convicted in Har
ney county for larceny of horses
and received at the penitentiary
October 5. 1923, to serve one year.
Paroled March 10. 1924.
S
Holding a sleeping, little brown
haired child In her arms, Mrs. Ida
Oakley of the Santiam country,
was accorded the unusual privi
lege In circuit court this morning
of sitting In a chair while she
beard read an indictment charg
ing her with assault with a dan
gerous weapon.
During the reading the child
slumbered, all oblivious of the
fact that her grandmother was
being charged with an offense
that may place her in a felon's
cell. I
Mrs. Oakley is charged with
having attacked a neighbor. Mary
Martin, in an assault said to have
been staged at the Oakley home
on December 9., Conflicting stor
ies arc told of the case, but as
near as can be determined Mary
Martin resented tales which she
said Mrs. Oakley's son was spread
ing in the neighborhood and de
faming her character. She went
to Mrs. Oakley's home to protest,
according to the story and Mrs
Oakley attacked and woundci
her witb a knife.
Mrs. Oakley pleaded not gull
ty to the charge and an effort
will be made for an early tr'.al as
the trip down from the Santiam
country Is a difficult one and it
is hoped to settle the whole af
fair on this one trip.
Heavy Penalties of
New Auto Law Bring
Appeal to Governor
The first application of the new
law embodied In senate bill 75,
Inflicting heavy penalties on per
sons driving motor vehicles while
under the Influenco of liquor, fell
hard on I'. Shallinhlirg. lir,
Itoyal Court, Portland, while
driving the other day In Hood
Kiver county. The Kovcrnnr
haa been asked to extend clem
ency, but apparently Is powerless
Ig act unless contrary Information
Is received from Attorney Genera!
Van Winkle, who has been asked
for an opinion.
For the first offense under the
act the penalty Is a fine of not less
than (100 nor more than 1500.
Imprisonment In the county Jail
not less than 60 days nor more
than six months, revocation o!
the operator'! license for one
year and confiscation ot the auto
mobile for not leas than 30 days
nor more than six months.
According to the representa
tion made to the governor
Shallenburg was taking
OPPONENTS OF
WARREN WIN
COflHEE
Adverse Report On Nom
ination For Attorney
General Ordered By
Senate Judiciary.
Washington, March 13. An ad
verse report on the nomination ot
Charles 11. Warren to be attorney
general was ordered today by the
donate judiciury committee.
All ot the democrats and Sena
tor Borah ot Idaho and Norris oi
Nebraska, republicans, voted to
day against a favorable report.
fhe vote of Senator Borab was
cast by proxy, the Idaho senator
being at the White House where
he had been summoned by Presi
dent Cool id go.
Despite the president's decision
to cull some or the republican op
ponents of continuation into con
ference and make a personal ap
peal to them, many of the party
regulars saw little hope uf favor
able action on the nomination
which once has been rejected. Sen
ator Borah told Mr. Coolldge
frankly he saw no chance of con
firmation. The constitutional right of the
president to resubmit the nomina
tion was questioned by Senators
Reed and Walsh, and most of the
committee session, lasting an hour
and a half, was devoted to argu
ment oil that point.
The question was not brought
to vote, as senators wanted addi
tional time to consider It. Chair
man Cummins took the position
that the president was fully with
in his rights.
With an adverse report from
tho committee, opponents will
hold a parliamentary whip hand
during tho fight on the floor, ben
ator Wnlsl will present the re
port.
COLONEL HAMMOND TO
BE HEAD OF GUARD
Washington, M.u 13 Colonel
Creed Chesire H-inimond. Iniuntry
reserve, Oregon national guard.
today was appointed chief or the
bureau of militia affairs, war de
partment, with the rank of major-
general. The appointment Is for
four yen rs. fro in Juno 29, 1 9 i a .
Colonel Hammond has been arwdal-
unt chief of tho bureau rr three
years. lie succeeds Mnjor-Uen-urul
George C. Richards.
KENNEDY OFFERS PURSE
FOR DEMPSEY BOUT
Los Angeles. i:al March 13
Tom Kennedy, prize fight match
maker . today telegraphed Jock
Kearna. manager ot Jack Demp
mcv. asking terms for a Uempscy
Jack lti nault bout, ten rounds, tin
the heavyweight title, to be staged
,n Los Angeles during the spring
conclave hero next June. Kcnrn
'.9 en rnuto eat.
friend to the county. Thi
Irirnd was 111 and eggnog bail
been recommended. Ho could find
plenty of eggs In tho country but
it was necessary to tnke the
"nogg" with him In tho car. Un
fortunately the automobile en
route bumped Into another and a
state traffic officer arrested the
party. He found the liquor. The
driver pleaded guilty before a
justice of the peace to vloln'lon of
the act, but Insisted that he
wasn't drunk, and yesterday the
same plea was made to the gover
nor by the man's wife. The mag
istrate was magnanimous and in
flicted only part of the penalty
required by law, namely the $100
fine. He neither rent the man to
prison nor confiscated the car.
i-ut' hla license was revoked. The
i.'an'a wife objected to the gov
ernor thot it would now he nere.i
(iary for her to act as ebauffeui
wherever the htleiinnd v. i.nt lo Bn
ipvivh'-ic In tb'1 ''cr.
The bill waa Introduced bv
Senator Eddy.
20 YEAR OLD
TREATY WITH
CUBA RATIFIED
Reservation By Borah
Provides That All Fu
ture Cuban Treaty Pro
tisions Apply.
Washington. Mar. 13. The
twenty year old treaty recogniz
ing Cuban sovereignty over the
Isle of Pines, was ratified today
by the senate.
Just before the final roll call
a reservation by Senator Borah,
republican, Idaho, providing that
ail provisions ot existing and fu
ture treaties between the United
States and Cuba shall apply to
the inhabitants of the Isle 'of
Pines, was adopted without a rec
ord vote.
The senate also accepted an
amendment by Senator Heed, dem
ocrat, Missouri, providing that In
habitants of the isle should have
most favored nation privileges
with the United States.
Unanimous consent agreement
for a vote on the convention by 3
p. m. today was obtained after
Copeland, democrat, New York,
had held the senate in session
well Into the night hours yester
day by adding eight hours more
of almost continuous discussion
to the filibustering attack he be
gan Wednesday. While the New
York senator held the senate in
session the senate also held him
rigidly on his feet all resting
postures barred by a strict en
forcement of parliamentary rules,
until he suddenly abandoned his
one man filibuster at 8 p. m.
Failing to force an Immediate
vote after Senator Copeland bad
yielded the floor to Senator Ship
stead, farmer-labor, Minnesota,
proponents of the treaty then
listened to an opposition speech
of only an hour from the Minne
sota senntor before moving the
unanimous consent agreement,
which was adopted. The agree
ment limits each member to one
speech of not more than fifteen
minutes on the subject.
NEW STAGE LINE
10 PUGE1 SOUND
Olympia, Wash., Mar. 13 Tak
ing advantage of the recent Unit
ed States supreme court decision
holding certain monopolistic fea
tures of the st.-ite auto transaction
act unconstitutional, an Interstate
stage line from Portland, Ore., to
Seattle, Wash , was being organiz
ed here today.
Tho nuto stage companies which
uro already opnnitiiiK short routes
(in the Pacific highway between
the two t'Tniln il cMU are co-op-crating
in handling the new con
tinuous traffic. Tnu following are
ihe companies Interested: Park
Auto Transportation company.
North wt'Ht Tnuwportalloii com
pany uinl Camas Sl.ir-'e company.
A request ts to be filed at once
wlih the dt-pirtmrnt of pubile
works for a p-;nnit to operate and
Mchedulca and tariffs aro being
worked out. It was announced.
Tho lime required from Port
land to Seattle, via the stnue line.
is exp'-rteil to !' vlrbt and a lui!'
bourn.
FLU EPIDEMIC TOLL"
28 DEATHS IN 13 HOURS
Chicago March I I. Although
death were reported In 13
hours ending Ht 9:30 o'clock last
night anil 7 iiev ease were re
ported. Dr. Herman N. Ilundesen,
i: ly heilth coinmlsFuner, has de
i tared there la no real epidemic of
iedii. nia and respiratory d i-eas.'S
here.
The normal number of deaths
would be 13 and new cases would
he 40 a day for this time of the
tar, health aiithorltlee. said.
I'l.c den' lis yeiterday brought the
total filalltl.'s ft'.'in Influenza atd
.ncunumia eince March 1 to 27v.
Sm.illnox Em'demic
Seattle, Vah., .March 1.1 Ad
vi ed that smallpox was mildly
(piileiulc at Vam Oliver, U. t. Dr.
(I. M. Mjgiuiler. In charge here
for the I'tiiied Stales public health
ei vice, tn-l.ty ordered that all per
..im fiimi .i:at city be vaccinated
efure clewing t lie American bor-