Capital journal. (Salem, Or.) 1919-1980, May 25, 1925, Image 1

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Capital journal., May 25, 1925, Image 1

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Newspaper Page TextCITY EDITION Dally averng nee paJa circulation for month ending April 30, 1926 ' FAIR TONIGHT In the Interior cloudy on coast tonight and Tuesday. Continued mild. Moderate variable winds. Local: Max.. 72; mln., 43; rain, none; river, 3.7; atmus., part cloudy; wind, northwest. 6755 Average dally distribution 701 . Member Audit Bure.ni ol Circulations. FORTY-SEVENTH YEAR No. 124 SALEM, OREGON, MONDAY, MAY 25, 1925 PRICE THREE CENTS ON TRAINS AND NliWS STANDS FIVE CBNT8 no fMM RAM WELL CITED COURT ORDER DISREGARDED BY BANK HEAD Neither Superintendent Nor Attorney Present To Explain Affidavit As Requested. Circuit Judge L. II. JleMuhau today Issued an order directing Frank C. linimvell, state euperiu tendt;nt of banks, to appear iu court Wednesday morning at 10 o'clock and enow causo why be should not be punished lor con tempt of court. The action came when lirnnivell (ailed to obey an . order from the court Saturday di recting him to he hi court this morning to explain an affidavit of prejudice which liramwell had liled directed at Judge Mc.Muhun. The action is taken in the case of George Putnam of Salem against Ura unveil in which the plaintiff started acllon against Brum well to require him to maintain the headquarters of the state banking department in ir'alem and return It to the capital from Portland to which It was removed a number of weeks ago. Follow! n tr filing of the proceed ing) against Br.wnwell, the bank BUpcrintendent filed the affidavit of prejudice against Judge Me M all .ni, in the affidavit charging Mc.M.ihan with being prejudiced nguin.it Brain well and alleging that he could not receive a fall trial in McMahau's court. On filing of I ho affidavit Judge McMuhan declared he did not know Bramv.ell, had never seen him as far as he knew, and insist ed that Hramwell explain why he coiiriderrd McMunan prejudiced against him. Hramwell was not in court but his attorney contend ed the court had not the right to question Hramwoll hs to the facts surrounding the prejudices al leged, but thfl court's only course to pursue under me statute was to issue an order t:nsferring the cr.use to ano'her court. Instead the cotirt issued an or der demanding tl.o presence of Hramwell today to explain the af ridavit f preiudire and thresh out the legal point as to whether McMahan hrs a right to examine Into the facts relative to Bram well's allegations m prejudice, or whether the court's only recourse le to file an order transferring the cause. When the time came for Bram well's Appearance today neither liromwell or his attorney appear ed. Judge McMnhnn intimated tndny that in event Bramwell fails to respond to the contempt order on Wednesday morning that he may Issue a bench warrant for Bram wall's nrest. Ranchers of Klamath Battle To a Finish; One Dead; One in Jail Klamath Kails. May 25 Timo thy Murphy, 40, Klamath sheep iprowor. Is dead, and Frank Way, also a sheep operator. Is held here In the county Jail on an open charge as the result of a fist fight to the finish in the desolate Pevil's Garden country In southern Klamath county, yesterday. The two men came to blows ov er a bla"k slicp, Only an occasion al stary lizard or sleepy rattle snake, witnosned the bloody battle, as the two men fought and tumb led about among the du.ty age brush clumps and : -like lava rock. The argument Matted over the division of in-;.) ,h'-'ep which had been owned .'-:nl.v. All their dif ferences had been settled until they raioe lo the list if the fl.tek a frisky little hlieK sheep. IJ th men -l linird ownership. At first they s-it ast i ide their h'M-es a tin argument waxed wjvm. Then th-'V decided to dis mount and ficht It out to deter mine who h.ild gt the little Mm k sheep. The h.irejt h owned among the pn-ehnnh as the two men stripped INDICTED iPRof'. j.t 5COPJB DEFENSE TEST IS CALLED FOR FOURTH OF JULY Wa.)u,i:gton, May 2.1. A tion ide defense test muster of mar power will be held under direction of the war depart men; next July 4. The date was selected definite ly today afler President Coolidge had disapproved the department's selection of Armistice Day and had suggested that Inde;M-ndnoc Day be substituted. The president also advised thai the war department should make clear to the governors .tt ihe states that anv s'ate tioi -at Ion would be "purely voluntary." The national guard and the organized reserves, as well as the civilian military training camps and other auxiliary units of the new army system will be com pelled to move nt double speed in preparing for the muster, owing to the brief time remaining. War department officials there fore do not expect as complete ft test of the muster system as would have been possible at a lat-;r day in the year, but they will employe every resource to make it the best demonstration possible under the circumstance. Mr. Davis will instruct the uV nartment to make a comprehensive study of the results obtained this year and on the September 12 defense test of last year. This information will be avail able to congress should the flues tion of establishing a national muster project by law be taken up at the coming session. to the waist and bctrai smashing blows at each other. The sjn beat down to gluten nn the streaks of crimson' which flowed from face and body wounds. Tv. See, according to the story given authorities. Murphy went down gasping with pain and fa tigue. But twice he aroc to renew the battle. For the third time Murphy went down, his head pillowed on a bit of lava rock. His eyes been me gin zed and he failed to arise. For several minutes he remained In a comatose state. Then, according to Way's story, ho helped the defeat ed man to hi horse and in the saddle. Then they parted. Just an he reached his sheep camp, he slumped down In his saddle and would have fallen to the ground had his brother not rushed to his side to help him dis mount. Arrt-rdif.g to the brother, Frank Murphy, Tim gasped out "Frank Way hit me over the head with his gain" A few h- 'jis !at?r h tysa end. without having regained consciousness. mm of EVOLUTION IS INDICTED Grand Jury Returns True Bill Accusing Scopes of Violating Tennessee Statute. Dayton, Tenn., Amy 25. (A. P.) I John Scopes, high school 1 science teacher, was Indicted by a Hhea county grand jury here to day on a charge of teaching evolu tion in a public school in violation of the Tennessee Jaw. The- judge set July it) at Day ton for the trial. The grand jury was assembled' In special session to pass on the case presented to it as a result of a preliminary hearing two weeks ago when three justices of the peace held Scopes for grand Jury action. Judge John T. Halston, presiding, charged the Jury on the law of the theory of evolution as it shall be taught in the public schools of Tennessee, the first time such charge has been delivered in a Tennessee court. Scientists Take Hand. Dayton, Tenn., May 25. The American Association for the Ad vancement of Science has joined actively in the Tennessee evolu tion case. It was announced today as the grand jury assembled to determine whether John T. Scopes, science teacher, should be Indicted for violation of the state law which prohibits teaching of evo lution in the schools. Dr. George W. ltappleyea, who instigated the court test, an nounced thnt Professor H. I. Pupln president of the association and members of Columbia university faculty, had pledged Bupport to the defense, promising a "scien tific expert advice" for the trial. The presence of large crowds in Dayton to attend today's prelim inaries has brought the suggestion that a temporary court room should be erected on the baseball park site. The propsed building would seat 20,000 persons. Vick Brothers have won one of the biggest rounds in their quar ter of a million dollar fight against Henry Ford and the Fori Motor Car company in federal court, according to word received by W. C. Winslow, attorney for Vic k Brothers today. f ederal Judge Bean, the advices stated ruled with Vic'; Brothers, by over ruling the demurrer Interposed to the compldint of the local firm by the Ford company end by so turn ing clown the demurrer declared that the law was on the side of the Vick organization. All that remains, attorneys stated, was to prove the contract existing between Vick Brothers and the motor company and to de termine the amount of the dam ages, which is now placed at $250,000. The action grew out of Vick Brothers former connection with the Ford Motor company which they represented here ft number of years ago, first in handling their motor cars and later their trac tors. They declare the Ford Mo tor company broke the contract existing between tnem and as a result were damaged to the extent of over $2.10,000. MRS. GEO. CHAMBERLAIN DIES IN WASHINGTON Portland, Or., Mny 25. Funer al or Min. (!efrK! K. Chamherlain. wife of ex-Senator Chambe rlain of Oregon, who died yesterday fn Waehtnuton, will be held at thf national capital, and Interment will probably he In Arlington cemetery, relatives here were ad vised today. E0 WITNESSIN GERM CASE RETURNING Principal Accuser of Wm Shepherd AVrites He Witt Be Back; Says Fight Only Started. Chicago, May 25. A purport ed letter from Hubert While, utilis ing witness iu the murder trial of William Darling Shepherd, was made public today by Assistant State's Attorney Joseph Savage. The writer declared ho was "just commencing to fight Shepherd and his gang" and would come back. 'Shepherd is guilty" said the writer, whose signature, except for the letter W. was virtually identical with the signature signed by White lor the rented car in which ho is said to have dis appeared, and with the signature of a purported letter from White to a Chicago newspaper. "Shepherd Is guilty, I must ad mit," It ran, "and he knows I know It and God help htm when I get back. I am just commencing to fight Shepherd and his gang." The letter denied ho had stolen the rented car and said he had Continued on Page Five.) I Washington, May 25. News pnpers which published lists of In come taxpayers and the amounts they paid last full wero upheld In doing so today by the supreme court. The court declared the newspa pers were not guilty of a violation of the law in publishing Income tax lists made available to public inspection In the offices of collec tors of internal revenue. The cases appealed were those won by the Kansas City Journal Post and the Baltimore Post !i the lower courts which had held that any law prohibiting publics tion of Information which con gress had directed the internal revenue bureau to make avu'lab! for public Inspection would be iin constitutional. This contention the supreme court In effect up held. The opinion was delivered by Justice , Sutherland, who said it was clearly the intention of con- grcne to make the lists public, whatever some persons may think of the wisdom of such a pol icy. Making them public, he said, carried with It the right of the newspaper to publish them. No dissent was announced to the find ing of the court. FAG TAX IS FILED The completed petitions In the Oregon state tobacco tax referen dum were presented to the secre tary of state for filing here tod.. They will be checked over at the eecrotary's office before filing, It was announced. COOLIDGE IS RECOVERED Washington, May 25. Presi dent Coolidge, aparently recovered from an attack of Indigestion suf fered Saturday, returned to the White House today from a week end crul?e on the Mayflower and plunged Immediately Into his dally routine of work. The president and Mrs. Coolidge with a party of friends and tha White House physiieans left Wash ington, Saturday. Last night the Mayflower anchored In the river near Washington, docking early today. The party had breakfast aboard after which Mr. and Mm. Coolidge returned W the execu- i tive mansion. R CONTEMPT MAN ACCUSED AS KIDNAPER IS CAPTURED Harry Kirby Admits Iden tity; Says He Found Girl's Body In Cottage And Moved It. Ncwburyport, Mass,, May 25. (A. r.) Harry A. Kirby, hunted in connection-with the murder of MEtig Aida Heyward, the ehooUug of Mrs. Emma Towns and the burning of their collage In Win- throp, Maine, was arrested here today. v When taken to custody by po lice at a hoarding house Kirby ad mitted that h was the man sought by Maine authorities, but denied any connection with the killing of Miss Heyward. lie said taut he hnd found the woman s bady in a cottage beside Lake Maranacook, near Winthrop. Maine, and moved It to the cottage of Mise Jane Gray of Watertown, Mass., which he was occupying, Hg gave no explanation of hie rca- -Kirby aid thnt he arrived in Newburyport from Maine, Satur day, on a Pullman car. He took a room Saturday night at a lodging house kept by Frank Tond. Pond recognized the man from pictures published in Sunday newspapers and calk'd the police. When offi cers asked him if he were Kirby, the man replied immediately: "That's me." Pond said thnt Kirby had scorn ed polite find friendly and had ac companied the family to churcit When arrested today, Kirby made no resistance. He said he would make a statement later, explain ing his movements since last Tues day night, fhcn Miss Heyward was carried away from her home after her aunt. Mrs. Emma M Towns had been shot and the cot tage set on fire. Kirby said ho was witling to re turn to Maine for hearing. It was expected that deputy marshals would arrfve today to take Kirby to Augusts. COLD WAVE HIIS . New York, May 25. An unpre cedented May cold wave ba swept the mid-west and eaolern sections of the United States on the heels of record breaking heat. High wind, rain, hail and snow caused many Sunday shiv ers. Continued cool weather was forecast for today with itlowly rl -ing temperatures for the north central states. New straw hate nd overcoats in combination were numerous. Pavements that were bllstarlng hot Saturday were covered wth snow yesterday In some sections The, mercury sank 47 degree In 14 houre In New York, It dropped 66 degrees in 24 hours in Du buque; 57 In 24 hours in China gn; - 48 In Philadelphia and 52 uegreee In 48 hours In St. Louis. Jefferson City, Mo.. May 25. (A, P.) The appointment of 0. H. Williams of St. Louis to suc ceed the late United States Sena tor fieldn P. Spencer, was an nounced today by governor Som tjel' Kaker. Williams I a prominent attor ney and republican of St. Ioufs. He to a former circuit judge, be inir elected in 1906 and wa a delegate t large to the Missouri constitutional convention wbicn adjounM In 1923. THOT LOST COLLEGES SEEKING PEACE 85 SB m $ SB 38 88 Regents to Take Hand 83 83 83 83 83 83 83 ARBITRATION IS FEARED By Harry N. Crain 1 Ample proof that tliofie re sponsible for the conduct of the University of Oregon nnd the Oregon Agricultural college now fear the results which might eas ily grow out of the controversy over duplication of work in the two Institutions, nnd are seeking to compromise at"' nmooth over the points at iefiue, Is conlaineil in the report that the boards of regentfl of the two Institutions have taken n hand In the situa tion and seek an amicable settle ment. They will try their hand nt cc ctiring a compromise In a closed meeting with the state board of higher curricula in Portland, June 5, according to the an nouncement of Dr. C. J. Smith, chairman of the board. Decision of .the rcgenl to tnkc a hand In the controversy may or may not have been influenced by the statement of Dr. Smith that the board of curricula would not necessarily be bound by the facts set forth in the voluminous brlef-t of the university and the col lege, but might act in regard to the matter of duplicated courses upon tltcir own findings. In any event we find the re gents, who hav heretofore main tained a passive altitude in the controversy, now actively seeking to sllmce the discussion. J. K. Wenlherford, chairman of the college board, nw challenges the tight of th board of curricula to net In disputes other than those In which the hoards of regents of the two sehools nro unable to agree and aks that the- boards be allow ed to attempt a solution. What results lennlng toward def Intte nnd needed ecnnMinle and complete ellinini't Ion of duplicat ed courses may lie expected from the regents of the school can best be estimated by remembering thnt they are primarily responsible for tho e.xtravuKiince nnd duplica tion thnt hns brouaht tho matter to en Isi'un In the present contro versy. Their failure, to economize In the txpedlf ore of tho pullo' money In the pant condemns them an being entirely unfitted to un derhike Ihe reforms that nro nee essary, Not only have they failed IN , ARCTIC - to halt the duplication of work that has been growing steadily, but they have condoned and approved extravagance In their respective in .stltutlons. Scarcely more than two yearn ago a late member of the board of the university started an ngltation against some of the frills and w.i.ste In that Institution, lie r f erred with other members of the board nnd it was agreed that they would stand with him In an at tempted reform of methods and practices In the sehool. They ugn upon curtailment of certain all eil unnecessary frills In tho uni versity's cinimo of study. When the sponsor of this pro gram arose In the meeting of the board and put his motion he did not so much as receive a second So Imbued with the Ideas of the professional educators actually dl (Continued on Page l-lve First Machines for Big Power Station In West Salem Here The first carload of machinery for the new (i.'i.'i.UOU high tension switching station to bo built nt West. Salcin arrived today. Active work on the station will her; in within the next 10 days, it w;is dated thia 'morning by officiate of the Portland Kleciric Power Hini pany who have charge of buildin -r the plution. The plant will be fiuiiplctcd in approximately thr.joi month. When completed the station wilt form a connecting link making a drah'.ht connection between Van couvcr, Washington, and the Mexican bolder, and will make West Salem a general distribution center for electrical power in thU section of the Willamette valley. It will supply power lo tho South ern Pacific electric lino operating on the west side (he Willain etto river and to Independence. Independence now gets much of ANXIETY FOR EXPLORER I S WIDESPREAD Planes Long Overdue from North; Cloudy Weather And Dropping Temper atures Reported. I'lAJJ ItEXIIil' EXPEDITION Nun DIi-ko, Oil., Mliy 5 (Ily llitt Assnclnted Pros)) -llniw Xniiscii of tlio First Xn tioiml IkiiiIi of Hnn DIi'ko. n hi'phmv of flic noted explor er, Frlljof Nanwn, nnimiitic el here lodny Unit he una mlsiiiff Ihe funds to Dnnuee nil expedition for the relief of Amundsen nnd ivus eer tnln his pltiiis would Im a success. New York, May 25. (A. P.) Up to 2:15 o'clock this after noon the North American News paper Alliance had received no word from the Amundsen-Ellsworth seaplnncs since their de parture Thursday afternoon from King's Bay. Spitzbergcn, fort a flight to the north pole. This wae announced at that hour through t Aseoclated Press, by Luring Pickering, general manager of the alliance. Oslo, Norway, May 23. (A. P.) A dispatch from Spitsbergen to the Shipping Ganette savs no news has been received regarding the Amundsen polar flight cxpcli tion up to 2 o'clock this morn ing. The dispatch reads: Weather Unfavorable "As late oh 2 a. m. today there was no news of Amundsen. The Hobby (one of the expedition's steamers) has returned to Fell- man Hay, having patrolled north and cast of Dane's Islnnd. She found ice conditions difficult." the dupatch added that "among mum hem of the expedi tion a certain amount of denres- aion prevailed because of Amund sen a non-appearance. If their tiying boats were damaged the members of the exr million will have a long and dangerous re turn Journey. "The weather le now cloudy with a raw temperature which has dropped to below rem. "From the top of Amsterdam Island the captain of the Farm saw open water to tho northward where the machines might have descended.' Some Still Confident New York, May 25. Mingled expressions of pessimism and o; timls: are voiced by explorers and aviators here regarding the fate of the Amundsen-Fillsworth polar expedition. The Norwegian explorer, his American backer and their four companions have not been heard from since they left Spitsbergen for tho pole In two airplanes Thursday night. Persons most familiar with Captain Amundsen and polar ex ploration see nothing alarming In his failure to return to his base In 21 hours as originally plan- (Contimifi) on Pngo Five) its electricity horn a company lo nted In eout hern Oregon. Some 4000 or 5000 kilowatts will bo supplied through the Vet Salem station in addition to power from other sources, in an emergency the power can be brought the oth er way, from southern Oregon through Independence to West Sa lem and Salem. Lines from New berg on the north and Kilacada on the east will bring electrical power into the West Salem sta tion. The station will bo built with a vlt.w to supplying other p lints in the valley as rapidly ait they become populated sufficient ly to require high tendon lines. The nearest similar station It at lents, cast of Portland. The West Salem plant will h Mult in the Churchmere addition, located north and west of the old (Continued on Pago Five)