Capital journal. (Salem, Or.) 1919-1980, April 13, 1925, Image 1

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Capital journal., April 13, 1925, Image 1

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Newspaper Page TextItalAlIoEir Cap CITY EDITION Dally average at paid circulation for month ending March St, 1926. FAIR TONIGHT and Tues-1ay; moderate t m.p t nature. Light northerly wind. Local: Max. T4: mln. 4; ratn, none; river, 1. 1; atuioi., clear; wind, north vest 6719 Average dally distribution 7059. Member Audit Bureau of Circulations. FORTY-SEVENTH YEAR No. SALEM, OREGON, MONDAY, APRIL 13, 1925 npTin rpnDPP fPMTQ ol TRAINS AND NBW8 rruLiCj latiCjCi 1jIN1o stands fivb cent nn MI SPECIAL ELECTION VETO ATTACKED LINEN MILL STOCK SALE UNDER WAY Construction of Plant In Valley Assured by Fine Spirit Shown, Asserts Canadian Expert With the organization of teams for selling stock for the proposed 40,000 linen mill to be built In the Willamette valley, definite plana for the mill actually got under way following the cham ber of commerce luncheon this noon. Lt. Colonel W. B. Bartram of Ontario, spoke at the lunch eon. "We have covered thie valley pretty thoroughly, from Eugene to Portland, and the spirit that I find throughout the whole val ley la magnificent I believe that the spirit we have seen behind this proposition will be put over, and that the mill will become an actual fact. Future Outlook Bright "I believe that your city will eventually become one of the largest cities on the Pacific coast." Referring to the location of the mill, the speaker stated that most of the persons to whom he had talked at various parts of the Willamette valley had conced ed that the logical location of the mill is near Salem. He spoke highly of Dominion Linens, the Canadian company with which Sanson, who is count ed on to lead the present project here. Is connected. William Ber ry, general manager of the com pany, has been notified to be ready at 24 hours notice to come to Salem and start the mill here, he stated, and will come immedi ately the etock Is sold. Berry has been in the linen (Continued on Page Seven) WIFE ALLEGES Velma Mitchell, In two affidav Its filed in circuit court, charges her husband in one with having forcibly taken their child from her, and in another with the dec laration that he intended to ac cuse her of infidelity, but that such accusations will be false and that she needs proper funds In order to fight the allegations. She recently made an affidavit to secure support money. He an swered It by saying he was unable to provide It She now declares hs has property valued at $5000. She asserts that their six vear old daughter was forcibly taken from her control by the father and that the child Is now being neglected ana has no other companions than the father and an uncle. Blossom Day Crowds Set Record; Blooms And Weather Perfect The only features lacking yes terday were St. Peter and a pearly (ate to convince several thous tnd tourists hat they had entered paradise, as the noses ,of their cars swung around a curve which presented to the eye the blossom crowned hills. The tree . which gives to the world the ' lowly prune, was In the height of her glory Sunday, and the throngs worshipped at her shrine. The prune may be the butt of many wanton qulbs and Jest for 164 days of the year, but on one day at least she rules with queenly way. Saturday's showers, looked at with fear and trembling by Chsr rlana who prayed that this Bfos sora day might be the greatest of all, merely added to Sunday's joy of living. For nature outdid her self In creating a perfect day for the visitors. No dsy In Jun ever PRESIDENT'S OUSTER RiGHT IS QUESTIONED Supreme Court Is Hear ing Arguments On Case of Portland Postmaster Removed by Wilson Washington, April 13. The president's power to remove from office hie own or his predecessor's appointees was at issue iu a case reached for argument today in the supreme court, with the executive and legislative branches of the government represented as con testants. The case became one for con struction by the highest court or the president's power under the constitution to remove executive appointees to offices created by congress when the senate Inter venes, in the appeal of the late Frank S. Myers, who was removed as postmaster at Portland, Or., in 1920, by President Wilson. Myers sued for back pay on the ground that his removal was illegal. Prior to presenting argument today, briefs forming the basis of their opposing contentions were filed by Solicitor General Beck for the president and Senator Pepper for the senate. Contending that congress has full power oyer all government of fices except those created by the constitution, Senator Pepper In his brief upheld the provisions of law prescribing the "consent of the senate" as a condition of the pres ident's removal of first, second and third class postmasters. Con gress ,in creating an officer, the brief held, can fix the tenure of the office, determine how the ap pointment shall be made and how incumbents may be removed. Solicitor Beck, on the other hand, declared in his brief that by "attacking the independence of the executive, the question at is sue struck at a principle involv ing the "very foundation of our government." The responsibility of the president for faithful execu tion of the laws, be contended. must, as a vital necessity, be con sidered as carrying with it the constitutional power to remove the unfit or unworthy without the consent of congress. 1 Recognizing the importance of the constitutional question pre sented the supreme court allowed counsel four hours for the pre sentation of oral argument. This is double the time usually granted Judge Will R. King, counsel for the executors of the estate of rrank S. Myra, directed attention to the death of his client and ask ed the substitution of Lois P. My ers, the widow of the former post master as appellant. Senator Pep per appeared as counsel for the senate. Solicitor Deck presented argu ment in support or the contention that no limitation could be placed by congress upon the president' powers over subordinates appoint ed b. hfm. was so rare as this and every leaf was greener and every blossom whiter for the rain of the day be fore. Tulips vied with prune tree as queens of beauty on Beauty's own day. Visitors might imagine they ad stepped upon some fairy magic carpet and had been bodily trans ported to picturesque Holland as they looked out over the expanse of bloom either at the bulh farm on the highway or the Franklin farm nestling below the Polk county hills. Roads were literal ly blocked at these two points. At one time at the Franklin farm nearly a mile of cars was In line, their occupants waiting a chance to get a close view of the myriad number of flashing and fascinat ing blooms that glistened In the sua like vsry sprites of beauty. Ail over the greet Blossom way. tc-jntinuea on Fags alight) Governor's Power To Prevent Vote May be Tried Out It has been learned that certain railroad attorneys in Portland have been looking; carefully into tha question of the governor's au thority to veto the measure of the last legislature calling for a spe cial election in September of this year, providing any tax measures were referred to the people. All measures referred were to have been voted on at this election, but for the interposition of the gov ernor's veto. Enough has been learned to know that counsel for the railroad companies are of the opinion that the governor's action was without authority, that they are further of the opinion the referendum bill Is now a law and it is considered probable that steps may be taken to test the matter tn the courts. The rallrop.de are said to be par ticularly Interested in the matter as the referendum has been Im 10 CONFER UPON L Portland, Apr. 13. Commit tees from Willamette valley towns have been appointed to confer with business men of Portland relative to the estab lishment of linen mills and a meeting has been called for Thurs day noon at the Portland cham ber of commerce. The move toward the erection of a l'nen mill was taken after the representatives had declared tha1. the flax industry in the Wll lameito valley had given .assur ance of being successful. As a move toward the handling of the crop an agreement has been con cluded with the Dominion Linens, Limited, Toronto, to handle sub stantial etock subscriptions, sales direction and management The mill, including property, machinery, retting and stuching plants, has been estimated to cost approximately $640,000. Salem. Albany, Sllverton, Stay ton, Aumsville, Gervais, Turner, Woodburn, Aurora, Independence, Dalian, Falls City, Corvallls and Eugene are the towns which will be represented Thursday. Following are the committee men: Salem. Thomas B. Kay, D. W. Eyre, Theodore Roth and R. O. Snelling; Albany, P. A. Young, F. J. Miller and J. K. Weather- ford; Stayton, J. W. Mayo; Sll verton, M. G. Gunderson; Corval lls. A. J. Johnson, Claude E. tn galls; Eugene, F. A. Jenkins; Gervais, G. J. Mtf-an; Wood burn, Keith .Powell; Aurora, H. R. Zimmerman, Zeno Schwab; Falls City, II. M. Smith. Washington, April 13 Physi cians In prescribing narcotics to addicts are not required to res. trlct the quantity called for by their prescriptions to small doses for strictly curative purposes when the narcotics are to be self administered by the addict, the supreme court held today In a case from Spokane, Wash. brought by Dr. Charles O. Llnder. In the- lower courts the govern ment won In Its contention that when the narcotics are to be self administered the physician can prescribe the only quant,' that will be curative of the habit and not place sufficient narcotics In the hands of the addict to enable him to become a seller of narcotics or to administer to himself doses larger than those necessary to ef fect a cure. ' Man Hit bv Auto Eiei. Portland, Or., April 13. Panl Canevevl, 45, died at a hospital today from injuries suffered March lt, when hs was struck by an auto while he was walking in a driving rain along East Eighty- second street posed on the auto bus and stage. tax meas'ire. lt the veto of the governor stands this measure will not reach the people until Novem ber, 1926, while on the other band. If the governor's veto was declared by the courts to be il legal, the referendum vote would be held in September. In that event, Bhoulil the bus tax bill be sustained by the people, the busses and stages would be required to pay the extra tax from that time, a matter of signal importance to the railroad companies. County courts generally, are anxious to see the bus measure become a law as soon as possible, as it has a dis tinct bearing on the status of maintenance funds for roads. The courts of the state never have as yet passed directly on the question of the governor's author- (Contlnued on Page- Right) G-N D Portland, Or., Apr. 13. Hope that the people of Oregon and the interstate commerce commission will approve the extension of hie company's line from Bend to Klamath Falls was expressed by Ralph Budd, president of the Great Northern railway In a statement issued here today. He declared that the develop ment of the northwestern states, through which the Great North ern operates, will call for an In creasing amount of Oregon lum ber. He added that a northern out let would prove of great benefit to the Klamath Falls country. The statement follows: "In 1909 James J. Hill started to build into central Oregon. His policy then was, and the Great Northern's policy since has been, that the railroad construction un dertaken there should be along lines which would give the great est amount of-servlce from a giv en expenditure of capital. It was the Intention In 1911 when the Oregon Trunk was completed to Bend to continue south, but cir cumstanced over which the rail roads had no control stopped con structlon in that part of the atato until recently. Now lt is our be lief that further construction Is Justified, and having made the major part of the expenditure necessary In order to reach Into Oregon, It Is our hope that the people of Oregon and the Inter state commerce commission will will approve the extension of our line farther. "The 8. P. & 8. and allied lines have cost 1100.000,000. The Ore gon Trunk. S. P. and 8. and Great Northern together provide m route nearest approaching a water grade of any railroad In the east. me lireat Northern has the larg est mileage of any railroad In Minnesota, North Dakota and Montana, where there Is an in creasing demand for Oregon lum ber. There Is no lumber In that territory and the natural source of supply la from Pacific coast territory. The population in Great Northern territory east of tne Korky mountains Is lncreas tng and bids fair to Increase very rapidly In the next few years. Di versification of agriculture thcie means the growing of livestock on small farms and means ite use rf large quantities of lumber. The Great Northern is desirous of co operstlng with the producers jf rregon to make those markets available to them." OREGON MASONS MEETING Portland. Or., April 13. Knlghta Templar and Masons or Oregon are In session here today, a three-day conclave having open ed yesterday. Business sessions o( the sixty-fourth annual conclave of the grand chapter, Royal Arch Masons opened this morning, H. Wayne Standard of Brownsville. most excellent high priest presid ing. Officers are to be elected this afternoon. The fortieth annual assembly of the grand council Royal and Select Masons of Ore gon, will be held tomorrow. BREAND ASKS 1ET0F01 ' NEWCABINET Transition Ministry To Pull France Out of Fin ancial Hole Gaining In Favor Generally PaHa Anvil 13 YTlv AASnciflL- a.l 1 'Proas I IT v-Pram I At Hrlnnil. asked by Prealdent Doumergue to form a cabinet abandoned late to day any Idea of completing his task before tomorrow. Paris April 13 (By Associat ed Press) M. Brland, who yes terday waB entrusted with the task of organizing a new cabinet, call ed on President Doumergue today and asked for more time In which to select his ministers. The crisis was brought on by the resignation of the Herrlot cabinet after the senate had ex pressed dissatisfaction with the government's fiscal regime. Brland appeared determined to havo no power behind the throne and wants to know definitely whether the socialists are willing to bind themselves, to his leader. ship, reversing the previous de cision of the party never to take office in a bourgeoise cabinet. By tomorrow night it is expected the national committee of the aoclalist party will have made up Its mind. Many senators and deputies of all parties maintain that political questions should, at least for the moment, bo laid aside; that the country Is In a tragic position. which must be met by the employ ment of exceptional measures. For this reason a transition ministry headed by Anatole De Monxie, who became minister of finance In the Herrlot cabinet, succeeding M. Clemcntcl only a week before the cabinet resigned, Is growing In favor in political circles. The sole aim of such a ministry. It la ex plained, would be to regularize the position of the bank of France, which It became known during the financial debates last week, ex ceeded the legal limit of circula tion to tide over a critical period. ON FACULTY OF : CHINESE SCHOOL An appointment has been re ceived by l.eland Chnpin, senior at Willamette university, appoint Ing him to the faculty of Ling Naam college, located on tin Island In Pearl river, near Can ton, China. Chapin will leave Se attle for Hong Kong on August 7, arriving there on August 28 He will re urn Canton Sept, 1. Ling Naam is a non-denomina tional. Christian college. Incorpo rated by the regents of the state of New York In 1893. It has 1200 Chinese students, both men and women. Chapin will instruct then In English, and also experts to be put in charge of outside activities. Including boys' clubs. YMCA work, and other things His contract calls for three years of continuous work, and also pro Ides that he may not get married during that time without the con sent of school authorities. "I thought that was the be.it part of the contract," said Chapin commenting on the matrimonii! clause. - His salary, as nearly as he can fgur It out, will amount l about 11500 a year, Including ex penses, he says It will be oH partly In Hong Kong currency and partly In American gold. cliffordTeThead ' state game board Portland, Or., April 12. Harold Clifford of Grant county was to day elected chairman of the state gam commission to succeed I. N. Kletnchner of Portland. The communion met today and transacted routine business. NEW PREMIER Newport, It. I., April 13. Al though lt became known last ninht that Mrs. Jessie Margaret Budlong had Saturday filed a -hi It seeking separate maintenance from her hushpnd, Milton J. Hud long, the couple spent the after noon and much of the evening to gether In Newport. They would make no statement of their plans. Mrs. Budlong, who last Febru ary lost ber suit for divorce and was denied custody of the two hoys, arrived in Newport, Satur day afternoon. Just before the office of the clerk of courts was t.osed, she quietly filed the new petition. Sunday morning she went alone from the boarding house wherj she wtis staying to the Kaste. eervtc ut Trinity church where one of her mm sing In the choir. Her husband and the other eon came in latu" and were seated in another pew. In the afternoon Mr. Budlone and the elder boy drove to the houso of Mrs. Budlong. The hoy went In and after a few minutes wan followed by the father, car' rying two boxes of flowers. A lit tle later Mrs. Budlong came out with them, carrying a small suit case. They drove about Newport. The Budlonxs were married 25 years ago. Following llio los of her suit for divorce, Mrs. Budlong lorked herself in a room of her husband s apartment In New York uml regained fo. eight days, six without food. She left on Febru ary 21 In Budlong's automobile and has been In retirement since. I BRIEFS ARE FILED Washington, April 13 The Kansas City Journal. Post and the Baltimore Post filed in the su pre me court today separate briefs In the appeals brought by the gov eminent to punish them for pub lishing Income tax lists made pub lic by direction of congress. The cases will be reached for argu ment this week. Senator Heed of Missouri, bi counsel for the Kansas City news paper declared In his brief that "the contention of the govern ment Is that, as te liberty of speech and of the press we gained nothing by the revolution AUTO CRDSHESILBANY BOY; DEATH FOLLOWS Albany, Or., Apr. 13. Two year old Robert flchlmmetpfrn nlng died at a local hospital thlA morning from th effects of in juries suffered yesterday when nn automobile ran over bis abdomen The boy had been playing with other children around the car At the home of W. A. Calkins, two miles south of here. H fell un der the car Just am one of the children puhed the machine down an Incline. Calkins is grand father of the dead boy. SUSPECT IN i POISON CASE IS ARRESTED Mrs. Cunnngham Held In Case Involving Sudden Death of Husband and Four Children Chicago, April 13 (By Asso. elated Press.) Mrs. Anna Cun ningham whose husband and four of tbelr children died after brief illnesses within six years was tak en Into custody today at the coun ty hospital by two police sergeants and a matron from Gary, Ind., and taken back there for deten tion pending further Investiga tion of the mysterious deaths. The policemen went to the coun ty hospital jyhere Mrs. Cunning ham attempted to choke herself to death last night with a bed sheet. A county physician declared Mrs. Cunningham Is suffering from epilepsy. The move to return Mrs. Cun ningham to Gary came while the authorities of Lake county, which includes Gary, of Porter county and of Chicago, were arranging for the exhumation today of one or more of the bodies of the de ceased members of the Cunning ham family. The bodies were bur ied In a cemetery near Valparaiso Ind. In Porter county. Valparaiso, Ind., April 13 (By Associated Press) The bodies of Harry and Walter Cunningham were exhumed at Dlackney Cor. ners near here today. Three oth er bodies will be exhumed If cor oner's physicians and chemists find anything In these bodies In dicating poison. Harry and Walter are the sons of Mrs. Anna Cunningham; who was tnken to Gary in the custody of police. An Investigation has been started into the successive deaths of her husband and sons and the Illness of a living son, I) vld. Hnrry died of endo-cardltls October 13, 1921 and Walter died of the aamc disease September 25. 1923. SAYS PIERCE IS FALSE TO PARTY Portland. April 13 Gilbert E. Ha maker, chairman of the Mult nomah county democratic central committee, In a Jefferson day speech today before the Tammany society, a local democratic organ Izfltlon attacked Governor Walter M. Pierce. He said the governor had already opened his campaign for renomlnatlon as governor by the democratic party, and that therefore, his claims for renomln ation may properly be analyzed. He declared the governor had been false to the democratic par ty and also false to the people who elected him "having failed to live up to his campaign promises.' Easter Services in Churches of Salem Largely Attended Taking advantage of fair weather and exceptional Easter programs, huge crowds of Salem people turned out to local churches yesterday morning and evening, filling mnat of them to the doors. Special Easter music, given yestcrdsy evening at aever. al churches, added to the attrac tions usual at Easter time, and proved to be a more enticing call than an evening ride among the spring blossoms. A number of speclsl sarly morn ing services were held. At the Christian church a aunrlse pray er meeting was given by the Christian Endeavors of the church and followed by an Easter break fast. Candle service was held at COORT HOLDS COMPULSION NOTBINDING Hours of ' Labor Cannot Be Regulated by States Is Decision Arrived at In Kansas Case Washington, April 13. Com pulsory arbitration in industrial disputes in unconstitutional, tha supreme court held today. Hours of labor in nacklnr houses and other Industries can not be regulated by states through commissions or Industrial courts to prevent strikes in connection with wage questions the court held. The decision was rendered in two casea brought by Charles Wolff Packing company of To De le a, Kansas, against the Industrial relations court of that state. Fanaas Court Hit. When the Bupreme court had these casea before lt In 1923 It held unconstitutional that part of the Industrial court act which pro vided that In labor disputes In es sential Industries the industrial court could fix wages. Although called "a court" the supreme court declared the state agency In fact was "an adminis trative board since no general au thority Is given it to fix wagea or hours of labor." The effect of Justice Van De Vanter's opinion. In the belief of legal authorities, is to remove tha most Important functions which the state had intended the indus trial relations court should per form. Oregon Not Affected C. H. Grain, Oregon state labor commissioner, interprets the de cision of the United States su preme court in the Kansas case holding that hours of labor can not be regulated by state boards or Industrial courts to have ref erence only to the Kansas law. Gram points out that the United (Continued on Page 8cven E HELD TAXABLE Washington, April 13. Any 17a in In value must be taken Into account on taxes under the 1918 revenue act upon securities pur chased before March 1, 1913, and sold in 1919, the supreme court held today. The court tn deciding a case brought by the government against the estate of James J. Flennery, held that the gain and not the market value oh March 1 1913, the time fixed In the law for determining value or the pur chase price, must govern In such cases. In another tai case the court ruled that the purchase price when lower than the market value on March 1, 1913, may be used la computing for taxing purposes In come derived from bond and stock transactions. the regular Sunday school hour. Special music was given at the church services with a special Easter message from the pastor. Iter. John Evans. In ths svenlnf the church choir gsve a iacred cantata entitled "Gethsemane to Calvary.' Special Easter music was giv en at two services at St. Jos eph's Catholic church yesterday. At 1:30 In the morning the Sa cred Heart academy choir ssnff the."Reglna Coell," with Wini fred Albrich and Margaret Thomp son taking the solo parts. Violin obllgatos were played by Mary Schoettl, and Claudlne Gerth. Mies Marian Boyle wa organist. (Continued on Pag Eight)