ItalAlIoEir
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)