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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (May 22, 1925)
CITY EDITION Dally avorng net paid circulation for monl: ending April 3U, 1926 v: FAIR TONIGHT fn tho Interior, cloudy on the coast to night and Saturday. Moderate tempera t,uxe. Moderate went to northwest winds -Local: Max., C5; mln. 43; rain, .01; river, 5.5; ntmos., cloudy; wind, north cast. 6755 AvornfjQ dally distribution 701. Momhor Au-JIt Huroau i.f Cir-Mtl;itlons. FORTY-SEVENTH YEAR No. 122 SALEM, OREGON, FRIDAY, MAY 22, 1925 PRICE THREE CENTS . ?tanu3 mvb cents fWn) BRAMWELL JUDGE ASKS AFFIDAVIT EXPLAINED Mere Assertion of Preju dice of Court Not Suf ficient, McMahan Tells Attorney In Case. Judge McMahan thie afternoon fasucd an order requiring Fran It C. Brnmwcll, state, superintendent of banks, to appear in court per sonally Monday morn in at 10 o'clock and give hi reasons for his affidavit of prejudice against McMahan as presiding judge fn tlio case of Putnam against Bram wcll. Circuit Judge McMahan this morning (old Sidney Graham, at torney or Portland representing Prank C. Tlramwell. state super intendent of banks, that he want ed Uramwcll in court to explain his nffldavlt of prejudice against McMahan fn the case of George Putnam against lira m well, to compel Dram well to maintain headquarters of the otnte banking department in Salem. "If you cannot persuade Bram woll to come by himself I will is sue :.n order to see that he does get here," McMahan told Gra ham. Wants Explanation In the affidavit of prejudice Dram well swear that he believes McMahan is prejudiced against him and that he believes he can not have n fair trial in Judga Mc Alahan'e court. "I don't know Frank Bramwell, in fact I don't know that 1 ever saw the man in my life," stated Judge McMahan. "I want to find out wherein I am preju Heed against him and wherein I can not give him a fair trial." Attorney Graham asserted that the statute under which the affi davit of prejudice was filed in a Washington statute and that it it the practice in that state whim an affidavit of prejudice is filed to merely transfer the caue:e and It i considered the court has no au thority to examine into the facts Bet out in the affidavit as to alle gations of prejudice. Fiuht is Promised "What the courts in Washing Ion pay relative to a statute is Interesting and enlightening in determining the interpretation of mich statute." said Judge McMa han. "Hut this court of oquky is not hound by a decision in cmach decided in the atatc of Washing ton." District Attorney Carson, ap pearing for the state on relation of George Putnam, assumed the position that the court has a right! to inquire into the allegations of (Continuel on Page Nino) 10-Cent Mileage Held "Shameful Graft" by Judge L. H. McMahan Declaring that officials putting In claims of 10 cents a mile pro miscuously for travel expense cov ering autoombile trips are foist ing a "shameful graft" onto the taxpayers, Circuit Judge L. H, Mc Mahan today declared that th law relative to such traveling ex penses contemplates that the offi cial put in his actual expenses for the shortest route and cheapest route that could be t4ikcn. "If he wants to take any othei route that is hi.; own business and a matter of Irs own convenience for which he should pay," stated the judge. "Judge Kelly and T travel bark and forth from Albany to Salmi. When he crmes here the t.ite pays his expense on it when I go there It pay., mine. The rnii'd trip from1 AKnny to Salem is miles, and under the theory of 10 cents r. mile we would be entitled to $5. SO for every trip we take by autimi-j bile. We put in a claim of ?1 30 ' Ontario Beer False Alarm Say Yankees Toronto, Ont., May " (By As sociated Press) Tlioi : u of Am ericans living on t '; lo's bor der have satisfied t curiosity but not their thirst. "Fergle's foam" is " tly froth. Thore isno kick in "four by four" beer, legalizec -f the Fer guson government, y ' i went on sale yesterday " ne er'u day." After drinking ste .i..; for seven hours on a wager to find out whether the beer was inotxicating, an Ogdensburg, N. Y.. parched pil grim at Prescott, Ont., Insisted that ho was still "plain sober." Tho 11 p. m. closing provision of the law ended the te.it. All pirts or tho province report ed no luLixicatlon. Not one drunk was arrested in the city of To ronto. WORD FROM POLAR PARTY Failure of Amundsen Air planes To Return Leads To Theory of Landing In Ice Fields. New York, May 22 The North American Newspaper Alliance said at noon today that it had re ceived no word of the progress of the Amundsen effort tHnee the planes hopped off at King's Bay, Spitzhersen, ycrtcrday afternoon. No communication is po.jdible. Hi,; Alliance said, since the pl.tnes have no wireless and uo report will be available until the party lands at a point where ttie is com munication with the outside world. Oslo, Norway. May 22. (A. P.) Given favorable conditions, lh- two i-e-ipl'incs of the Amundsei: expedition which started from Kingd Bay. Snitzbergcii yesterday afternoon, in an attempted High: :o the north pole should be baci; at Spitsbergen f" about 24 hour :'rom the tlr.ic of the take-off. Tho distance to tho pole. 1100' kilometer.-, or about tiSO mile?. wa-e.p cti d to require about nin: hours flying time. K a fiivo-able landing place W not found a the pole, the journey from King-. Bay to tbo pole an i return should orcupy about IS hours and the planes should !: back at Kings Bay by this after noon. If trouble develops and Ihc planes must be abaniUmid, the pirty will try to reach Cape Co lumbia, Greenland, where tbo Peary expedition bad a base. The Norwegian government ha- empowered Amundsen to occupy (Continued on I'ago Seven) for each fip, or the amount of the exact rornd trip railroad fare. That ia a savins of $4.50 on every trip. "The law contemplate-) thrt ev ery officer do this. It expects the official to be honest enough to put in his claim coveting the actual expense over the shortest and cheapest route he can take to ge" to his destination. If he can go by tr?:n ivnd wishes to travel by automobile, it, is all right. But Ms clrim should cover only the actual fare It wnuld cost him. 0 course, the 10 cents a mite rin'sfl't ray for the automobile hire. But tr.at ten't the point. The official could go by train, trancart bis business and cnTie home at ri cheaper rate than by automobile he wants to ride by Automobile, 'hat Is all nrtv, but lot him pav the dTfrrene himself as thr-t me'-ely n matter of bis own con vcnlrnce. "It is a slmnieful giaft on thi axn.ii'ew and hould ie stopped. "j IS DUPLIGATE BRITISH WAR WORK COSTS HERO PASSES STATE MUCH Saving of $100,000 a Year Or More Possible Thru Division of College And University Courses. By Harry N. Craln JiuU what the needless dupU cation of courses in the Univer sity of Oregon and Oregon Agri cultural college 16 costing the taxpayers of the state cannot be accurately estimated without a searching and detailed survey, but a cursory study of tho cata logued and study schedules of- the two institutions reveals waste that will easily exceed $100,000 a year In duplications alone. Most flagrant, perhaps, of the duplications are those to be found in the commerce, journal ism and physical education de partments. Here we find the spec tacle of each institution offering largely tho same work and with the same apparent purpose, in view. Pernsal of the list of cours es offered in no manner tends to riiipport the contentions of the college una university faculties that their encroachments over tho dividing line are purely in the nature of service courses for stu dents preparing for other lines of work. Theoretically the college in supposed to offer undergraduate work in commerce and the unlver sity the graduate work, but ex amination of tho courses offered (Continued on Pace Seven) KK All EXPRESS UNE Chicago, May 22 A coiiiiiieiciiil iir line between New York and Chicago carrying express anil freight by night, will begin opera tions early this fall n n result of the organization here yesterday of rhe National Air Transpoit, Inc.. capitalized at $ I 0. 000, 000. Colonel Paul Henderson, second ajwlHtant postmaster general in charge of the mail will resign hia poflt, effective August 1, to become general manager of tbo new line. It was announced. No pawseniiei'H will be transport ed. A tentative schedule calls for plan cm leaving New York at 8:30 p. m., flying over a lighted airway to Chicago, arriving here about 3 a. m. Direction of the lines will bo by radio. , Prevent plnns em bra re only the eastern route, but others will b? mapped out to the south and west with Chimgo as tho hub. No stock will be offered for pub He nle. Of thf $10,000,000 capita! izatlon, $2,000.11) alrrndy hns bef-n subscribed. The project represents tho flrt effort of private capital to operate a wtrictly commercial air line on n large f-ale. Howard Coffin of the Howard Motor Car company was eb'Ctr-d president, with Clement K. Kys. Curtis Aeroplane and Motor com pany, New York chairman of the executive committee. Temporary executive office will he In Detroit with operating officii here. BUGHTEHlELDlNSANE , BY BOARD OF ALIENISTS Por-lfind. Or., May 22. Clu-.K-r C. Buchtel, former city fi:tnan. who confessed starting SI firrs while be was a member of the fl'c 'ifpertment, in Suffering from de mntia-pra.-'ox. snid a report sub mitted ti-day to Prniiling Circuit .lodge Morrow by a-mm in is? inn oi nlf en h. who hnve examined hi'ii nee hi" arr-vi alout two inonlh; r.go. The eoinnii't-don leconimi'iid. ed that he be ulneed in the alnn for life. CALLED INTO COURT TO LAST REST Earl of Ypres, Formerly Field Marshal French, Dead; Called Luckiest Man In Army. Deal, Eng., May 22. (A. P.) The Earl of Ypres, better known as Field Marshul French, British World war hero, died here today aged 73. The Earl of Ypres underwent an operation on March 19. Soon thereafter he was reported to be recovering but subsequently his condition became worse. Rising to the highest places and honors in British military circles, the Earl of Ypres often was char acterized as "the luckiest man in the army" and French luck be came almost proverbial omong the British soldiers. uater events. however, caused a difference of opinion as to whether the luck had been on the soldier's side or on that of the British army and the British empire. Hero of Ynves Perhapi the most important event of. his career which had to do with tbetse tv?o Ideas was the historic battle of Ypres In the World war, tbo winning of whicli barred the channel ports from the Germans und saved England from probable invasion. It wns at Yprss that the (ierniiins first rcsorted to (heir deadly gas attacks, a form of warofare that impelled the British commander to deplore the fuel that on army would stoop so low. What was termed the earl s biggest piece of sheer luck oc- Lrrcd in 1S95 when the Biitisu military utithorltlcs r.ccided to re vino the cavalry drill book es a prelude to re-organization of tb'- uountcd arm. At that time be wns Colonel French, on Hie re fired lit at half pay and had been for two years, having been shelved it the age of 41 to give youneer men a chance for promotion. Hi career apparently was ended. "luck" Explained. It happened that the inpct-i) uieral of c.-valry was Sir licorg" i,r.ck, undo. whom French, ha I .served in India, where he per formed brilliantly In bringinu r aval y commands up to a high oint of efficiency, Sir Ceorge had tot forgotten that service and I rouRiit Colonel French out of re tirement to write the new cavalry book. The result was character ized ns a "a masterpiece of lucid explanation r.m f rrse precision." Then the question arose ns to wa to carry out the alterations called for in the book. Koine answere-l t'ho one who suggested them." r'renrh wos made assistant ndju fant gene -al of cavalry and pro ceeded in climb upward to the command of the first 100.000 British scldicrs who met the firs'. terrific onslaughts of the Germans n the World war. In the meantime French had n.ade oxtenaivo reforms and 'iven command of a cavalry brl- grle. In the maneuvers of 1S9.I ho attracted the attention of the ni ire British army. In these. t Continued on Pag 8ven Pail. May 22 (By Associated Pr) The Fieneh cabinet nl a meeting today approved the pre liminary men tire. of Finance Min ister Cull In ii x for hn lancing the '.niilirei. Ur-tfilln were not revealed but it in understood the plan in eludc the levy in (f of additional tax at ion and the withdmwnl of r eeipm from Germany under the Dawes plan payments from the tntdiret, so ns part ran be devoted to pammt of lnternlited dehtji. M. Cniliaux reiterated that the French government had n nt no no'e to Washington reirnnlini: I-"r-:inre debt to the Foiled Htntes. The finance bill will be presf-nt-ed to the chamber of depute ,nn fl.lV. PAY DEATH PENALTY , N J " . .. i Arthur Covell li; Washington, May 22. Discus ions of agriculture and the mer chant marine by Secretary Jardin' and President Leigh C. Palmer of the em orgency fleet corpora t ion and consideration of resolutions omifi'ised the concluding business oda- of the convention of the chaiS'ber of commerce of tin United Stales. Another cabin, member, Secre tary' Hoover, lohi the delegate?; last night (hat re-organization nl '.lit. administration function of the pnvernmeut is necessary foi cliitnnat inn of waste in overlap ping agencies. He advocated three primary re forms gro.ijiing of all ogencles of ti.e iame major purple uiuLm one ad mi nisi i ative supervision ; reparation of semi-judicial und ;emi-lei;id;itlVt and advisory func tions from the administrative funciions; putting the former un der joint minds and the latter un der j'ingl.' rcsponsinility and re lieving the prr.sidi nt of n vasi uno si ut Oi direct administrative labor. The government, be declared. can have ii definite and const st ent policy for conservation ami use of national resources so Ion?, as responsibility i spread among everal departments. Ho cited the "recent occurrences in the oil leasv"nd "our deplorable lack of a defhiite and organized merchant marine'" as examples of what niay happ.Mi undor divided reponiiil ity. It in impoi tant, Mr. Ilo'iver a-- sertcij t; bring kindred agencies together under one authority " that their over-lnpplng edges can be clipped and their fights stop ped. ' Han Kntnelsco. May 22 ( Hy AfFocirted Pi I Horothy Filing won, J7 year old ntnfessed matri cide, pronoum-i'd pane iifler six weekn cfHiiliieiiKnt at the Napa state hospital will be returned here this afternoon to be arraigned for the aerond time on a minder ehaige. She will be arraigned prob ably tomorrow before Superior .ludvc Harold Iotiderbak. The girl b Intimated that she would plead not guilty to the flrnt degi ee murder charge standing agaitiRt her. In a written state ment irl "en out lat nlKbt, Dorothy repudiated her signed r-onfeton given the pollee nbortly nfter her arrest about January 15 and put the blame for tho killing of her mother to one "Jimniie LaMirr," whom ."lie :iyn was one of her former noe:ite in night life -capai'fu. l'oh'e rue searching for I-ft.Marr. Ilics from Heat. St. I-'.uis. Mo., May 22. (A P.) The fiit heat fatality of 192.1 here, ocrum-d yesterday when ' l ;,rlefl Smith. 47. negro, died at a hfsipifil. The emperature r.'g 'R'e; ed !' 1 degrees, tho warmest !n-y 21 In Hie hifHtry or lh- t!i r ! -ire.-iu here. if and L. W. Pcaro Courtesy Oregonian I IS REVEALED BY Boston, May 22. (A. p.) Fed eral officers, who raided an office in Haymarkel Square today said they believed they had uncovered the biggest rum running organiza tion found in this city since the Volstead act went into operation. Ilocordu seized, they said, revealed that thrve steameiti, together with :ichocners and a fleet of U.r -kn.it peed boats vcie ucl-J and thai wholesale booileggi'i'd and persons of prominence throughout the country were customers. Tho s-teatuei- Van v.as seized nl her berth her,; by customs' officers aided by Bosion police, who found E00U ca;uH of ns.-.r(cd liqiiurH on iioard. 'i'he eleven iiicmb-ra of llr crew wciv arresti d. The vessel, which ordinarily plies between Boston and Cras: ell I, N. .1., bad rKared from lon-vport, Maine. President W. II, Burton of Hie .Maine Coast & Canada Steamship company was arrvsled charged Willi conspiracy to violate the cus toms laws. He was to be arraign ed with Captain McLean of tin Van and the members of the crew. New York, May 22. -Ale and whiskey vr.lued at mor. than $150,(100 were seized by custom agcnUi Hi is afternoon on Ihc steamship Boston, of the Eastern Steamship company's line, and tb" freighter Winter':. Customs offi cials said it was the biggest seizure ever mrifle from const-wise vent'-ls. The re.-ignation of Ward Willi Long, for the past four yeara min ister of the First Presbyterian church of Salem, was formally ac cepted at a meeting of the church com rega t ion last night. In pre sent'.ng bis resignation Hev Mr. Long expressed his thanks and ap preciation for thp co-operatlun of member. of his church during hfs ;.astorale here. Arrangements were made lo hold a Joint meeting of the board of trustees and the church session to appoint a committee to concur with ltev. Mr. Kong in bis request to the Willamette Presbytery to dissolve his present church rela tionship here. Ills resignation is t take effect June 15, nnd be will go immediately after to Stock ton, California, nnd take up hl; new pastorate there. A committee on pulpit supply v ill nlo be formed Sunday, and will be authorized to select the name of one man and present It the church congregation for ac ceptance or rejection. There are a ntimliT of applications already filed for th-? position here. nationOhamber endorses secrecy Washington, May 22. The chamber of commerce of th" Fnited States today unanimously n dop ted a rnr.nl nt Ion approving t he recent net Ion of the federal trade cnmmisAion in adopting new r.'.lc governing its publicity pro cedure. DEFENSE 10 CHALLENGE NO JURYMEN Attorneys For Shepherd Say First 12 Accepted By State Are To Be Ap proved By Them. Chicago, May 22. The fiiwt 12 men decided upon by the state n.s a jury to tr; William U. Shepherd on a charge of Killing his wife's millionaire ward, William M. Mc Clintock with typhoid germs, will be accepted by the defense. Shepherd's attorneys said they would do so to halt talk of de fense tampering with jurors and witnesses which has been investi gated since Itobert White, state witness, disappeared and Philip Barry, u venireman, said he hud been "approached" by a man who said he was acting for the defense. Jurv FixW Denied. James C. Callau, local politician, named by Barry, denied through his attorney that he had made uiiy attempts to "fix a Juror. The at torney said he would surrender Callan to the prosecutor. Whilo tho county grand Jury continued Its Investigation of White's disappearance search for ill in extended lo Miami, Fla., where Robert F. Crowe, ntute's attorney, was told he had lied. Miami au thorities did net find him nl a given adilrms and dtectlvci were Kent 0:1 roads to Jacksonville to Mitercept 1j tin should be come that way. White gave nervine allornryh an affidavit withdrawing an orig inal slaiemenl that Shepherd had been connected with C. C. Fainiau. bead of u small science school, be fore he vr.nlslud, Arthur Byrne, a prviate detective employed by tip defense, was reported to have told the grand jury. Byrne was said (' have tcntificd that White bad fold him his life has been threatened and that t be original statement b.-.d been drawn from him by In timidation. The state planned to use While In corroboration of Fat tnau. who confessed he supplied Shepherd with the typhoid germs for a promise of $100,000 fro;n McCIinlock's estate. Storic: Conflict. A different f.y of White's disappearance was reported told to the grand jurors by William Adam, blind news vendor, win said White told htm be hail b.'eti offend $25,ooo and a furnished bungalow in Florida to leave Chi cago. Adams aid While told him he intended refusing the offer. Meanwhile tup progress of selec tion of the jury bad been back wards. Two state per emptor y challenges reduced the tentative jurors to ten, one less than had been obtained last Monday when the trial opened. Seventy venire men have b"en quslioni'd. SHORT SKIRTS IN COURT I. os Ange!.H, Cal., May 22.---California's highest court has been asked to decide the hgb skirt suit of Myrtle M. Kirsch. Miss Kirwch sued a 1-os Angeles grocery firm for $50,000 damage, alleging lliai one of the defendant's delivery au tomobiles bad struck and Injured her In such n way that she has :dnce been unable to wear horl skirts without great humiliation and menial nnguish. The super ior court awarded her $:t000 but the defendant company declared the amount too high and filed a plea with the supremo court. The Velvet Hammer By Arthur P. II. P'AUt Y The glory of our city and our country nnd our .-tale has nccr for a moment been the object of debate, but often when the orator arises to endorse, be praiMM even heaven with a waul of pep and force, while earthly wonders ho may lackadaisically laud until bis phrases Injurs man and try the tact of Hod, But D'Arey ran salute the flag with wind that makes It wave, enn make the woodland echo nnd the eagle scream and rave. In days) gone by be was the guy for every public fest, who thundered nil tho verities with patriotic chest. A lawer who enn make tho Jury weep and blow their nose, bo seldom fnils to shake the tii'o on which his verdict grows. " He beads the S'ate society of gray-haired plo.ieers, of those who ventured hflherwurd behind a learn of steers. He's heard tho Indian' war drum with lis homicidal beat, but only union barbers ever trimmed the. hair nf Pete, nnd when Ibe pioneers and be h;ivo nothing eNe to o. he testis them hs their president in eating barbecue. EXECUTIONS GREWSQME IN EXTREME Drop Fails To Break Neck of Cripple Who Stran gles To Death; Blood Covers Peare. Two executions, gruesomo in th extreme, took place nt tbo Mat penitentiary early today when L. W. Peare, 08 years old. wan hang ed for the murder of his wife nnd James Culver, and Arthur Covell, helpless paralytic, swung to his death for inciting tho murder of his sister-in-law, Mrs. Ebba Covell of Bandou. Both were sentenced in Coos county. Peare went thru tho trap at 7:T9 and was dead In H minutes. Covell, strapped to a board, dropped nt 8:32 and was lead in 27 minutes. Tbo fall fail ed to break bis neck nnd he strung led to death. Whilo Peare was In (jail at Co Itilllo ho tried to commit suicide by slashing his throat. When hia body shot downward through the trail door of the ncaffold today lha old wound broke open nt the. Jerk of the ropt. From beneath tho black cap the blood poured In jets and cascaded down the chest nnd limbs of the banging figure, cov ering the shoes and forming a pool on the floor. There was a long drawn whistling as tbo air rush ed from the lacerated throat, much like that from a child's toy bal loon. Then liio body hung ttiet ly, and Old Man Pen re's tumultu ous life had ended. Accompanied by Warden TJal rymple and guards, Peaie filtered the execution chamber calmly, nnd walked up the steps of the scaf fold unassisted. A.M;d if he bad anything to say, he replied: "I haven't nuj thing to say, ex cept to bid you nit good-bye." To t hu hangmn n ho said : "I mn't bo fraid to draw It up tight." Int night the (dd mountaineer said: "I have had trouble all my life. The months I have l.i-en In prison havo been tbo cnlmest I have ever bad. I have g;ilned in health and ft'-sh, I want to die, and right now wouldn't trade places with any other man here." Peare profefed belief in a su preme being. "I will soon know," bo said. But be would accept no creed. ltev. C. M. Bryan, the prison chaplain, uttered a brief pniyer n Peare stood v. lib noose and black cap adjusted. There was eoriHiderablo delay In getllng the helpless Covell ready for his execution. It was ncees- y to dre;;s hliil, for he had lain for weeks wiih only a dressing gown on. He was wheeled In In the invalid eha'r at 8:30, removed from the chair ami carried to the trap. Tho services of several men re necessary to strap him to .h boa rd. nrtl SIiiiiikIis 'I wish all well," said Covell In bis calm, nilky voire. "I have no ill will toward anyone. Good-byt lo you nil." The ehnplnln prayed ;tnd the trap wns sprung. The noose a p pea red to be MieB lineally adjusted. Hut a beav board was strapped to CoveM'l hack, and, according to the prison loci or, this rtnln t allow tin "whip"' Jl.at Is necessary to break the neck. Covell died by straugu- itlon, but apparently without suf ferlng. Half a dozen physicians at tended the body. Though he welcomed the min ist rat ions of the prison eh;i plain. Covell did not accept his faith He relied on a faith related In some way to his study of the stnn and the occult sciences. Both men slept some during th night, and both att brenkfast. Yes terday nnd this morning both talk- (Continued on Page Seven Brooks Baker
