Capital journal., June 08, 1925, Image 1

Caoital.
CIRCULATION
Daily average net paia circulation for
month ending May 31, 1925
6738
Averugo dally distribution 707S.
Member Audit Bureau of Circulations.
CLOUDY TONiGHT
and Tuesday, probably occasional
showers over east portion mild tern
perature. Light southwest winds.
Local: Max. 73; min. 54; rain, .02;
river, 2.4; atmoa., part cloudy; wind
southwest.
FORTY-SEVENTH YEAR No. 136
SALEM, OREGON, MONDAY, JUNE 8, 1925
PRTPTC TPTPTT.T? PTT.MTQ PN TKA1NS AND NEWS
STANDS FIVE CENTS
nn
TECHNICA
in is
101 OUT
BY If in
Dotting of "I" Or Crossing
Of "T" Not Ground for
Controversy In Cross
ing Case, Is Ruling.
In a sweeping declaration
against technicalities, in which he
declares that "quibbling whether
an 'i1 is dotted or a 't' is crossed
may gain some consideration in
other courts, but not in this one,"
Circuit Judge L. H. McMahan to
day overruled the demurrer of
Henry C. Shields to the answer of
Marion county in the 'case inter
posed to hold up construction of
an overhead crossing over the
Southern Pacific which would
eliminate five dangerous grade
crossings between Marion and Jef
ferson. Tho nction of Judge Mc
Mahan Is a victory for the county
In the case.
May Abandon Project
In connection with the case mem
bers of the county court declared
todav if the contention Is carrcd
on further and efforts are made to
appeal or prolong the case on the
part of Shields that the court will
simply abandon any further move
toward establishing the grade
crossing at tho Shield's place and
discontinue plans for construction
of the overhead.
"We will eliminate the other
four crossings, but leave the situa
tion at the Shield's place exactly
as It is" declared County Commis
sioner J. E. Smith. "We are tired
of this contention. It Is up to
Shields wheather the overhead is
constructed or not. If he wants
to take what we have offered him,
which Is what the viewers found
he would lie damaged, we will go
ahead. If ho doesn't we will
simply abandon tho overhead and
leave his farm alone, and tear up
tho county warrant which was is
sued to pay him."
Ultimatum Causes Stir
The decision of Judge McMahan
In the case caused astir among
local attorneys as It Is the most
drastic decision of Us kind ever
handed down in a local court or
possibly In the state.
In his decision Judge McMahan
fires a heavy bombardment on
legal technicalities. He declares
there Is nothing in the demurrer
to show that any person had been
. misled or Injured by alleged er
rors in the proceedings of the
county. The demurrer was based
on grounds that returns did not
show that W. J. Culver was road
master of the county, that It wai
not properly shown that road
viewers were sworn, that the
description of the roadway was In
sufficient In that It refers to the
"S. P. H. It. ' hut doesn t say what
the S. P. M. It. Is. The court do
(('nntinued on Pne;o l-'ive. )
Traffic Laws Justly
Enforced by Police
Here, Asserts Giesy
A defense of the policy of ar
rests for traffic violations, as
practiced by the Salem police de
partment, was made by John
Giesy, city mayor, speaking be
fore the chamber of commerce at
Its luncheon this noon. "There litis
been a great deal said he stated,
"about Salem getting a black
eye because of stringent enforce
ment of traffic regulations, hut I
am convinced hat the main
trouble comes from within rather
than from without the city.
He produced statistics which he
declared prove that a negligible
proportion of tourists passing
through the city are arrested for
violation of traffic ordinances. In
the year 1924 there were St 8 ar
rests of this type, ho stated, 8G7
of the number being residents of
the city of Salem. One hundred
forty-seven were from Portland,
and only 44 were tourists. During
the mm) year there were 40.617
ram registered from the stale of
California alone. 17,619 from
fiSm FREE SPEECH
Iter
ii'Jf
j, ( !1 T.I
.
MKS AQMF.? A.STI1VKAW
AUD BABY GUY :
Mrs. James A. Stillnian was
finally vindicated in her long fight
to protect her own name and that
of her baby son, Guy, when the
New York State Court of Appeals
judges unanimously refused to
entertain any legal doubts of the
baby's legitimacy or Mrs. Stillman's
fidelity. They also pointed out con
(csscd Infidelity on the part of her
husband, millionaire New York
banker.
E
Washington, June 8. A rehear
ing in the famous Coronado coal
case was refused today by the
supreme court.
Washington, June 8. (A. P.)
Hoad Improvement tnxes can'
not be later assessed against land
which at the time the improve
ment was made was owned by tlte
United States, the supreme court
held today.
Washington. June 8. A fed
eral district court cannot compel
a person living In another dis
trict to appear as a witness before
tho railroad labor board, the su
preme court decided today In the
case of D. P.. ItomertEon of Ohio,
a railroad brotherhood official.
Washington, June 8. The su
preme court today refused to
pass on the constitutionality of
the New York building zone law.
Washington, and large numbers
from other states, all of which
passed through Salem and regis
tered at the state capitol building.
A large proportion of the tour
ists are of the gipsy type, and
''should be arrested on general
principles, whether they violate
the law or not' according to Mr.
Giesy.
During the year 1925 up until
June 1, there have been 393 ar
rests in the city for violation of
traffic ordinances, he stated, the
number being, "only half as many
as should have been arrested."
Of the number 123 were Portland
residents, 1557 were Salemttes. 17
were California tourists, 12 were
from Washington ami one was
from Minnesota. The remainder
were from Bmall towns in Oregon,
Stay ton heading the list with 6
arrests to Its credit. Law vio
lators apprehended Included speed
era, reckless drivers, driven eut-
(Continued on l'ag five)
LITIES RAPPED
J .MlHIIS IF
ARE DEFINED
Revolutionary Preachings
Indefensible Opinion Of
Court Upholding New
York Act.
Washington, June 8. (A. F.)
The criminal anarchy act of
New York, was declared valid and
constitutional today by the su
preme court. Under the statute
tho highest court confirmed the
conviction of Benjamin Ultlow,
Justices Holmes and Brandies
dissented, the former delivering a
dissenting opinion in which he
said the socialist man! fee to circu
lated by Uitlow iu "The Revolu
tionary Age" in 1920 on which
the prosecution was based, pre
sented no immediate danger of the
overthrow of the government by
force.
Revolution Advocated.
In the majority opinion, Jus
tice Sanford said the New York
stntute does not penalize the ut
terance of abstract "doctrine ;
that what it does prohibit "Is
language advocating, advising or
teaching the overrnrow of organ
ized government by unlawful
means."
Justice Sanford thus described
the Gillow manifesto:
"It advocates and urges In fer-
l,vent language mass actiuu which
shall progressively foment indus
trial disturbances and through
political mass strikes and revolu
tionary mass action overthrow and
destroy organized parliamentary
government.
Intent Held Unlawful.
'The means advocated for bring
ing about tiie destruction of or
ganized parliamentary govern
ments necessarily imply the use of
force and violence and In their
essential nature and Inherently
unlawful in a constitutional gov
rnnipm of law and order.
"That the Jury was warranted
in finding that the manifesto ad
vnrr.tpd not merely the abstract
doctrine of overthrowing orgnn
inert government by force, violence
and unlawful mwins hut action to
Hint pud. f clear,"
Tho right of the state to punish
those who abuse the constitutional
freedom cf speech, the opinion
laid, is not open to question.
!BLE HELD WITH
There Is a Hible at police head
quarters today.
It Is among the cigarette pa
pere. eoiled handkerchiefs, post
card nhotoo, private correspond
c-nce and other article taken off
Ivan Awrey of Olendnle, Ariz.,
and Floyd A. Waton of Sacra
mento who were arrested here
lat night under suspicious cir
cumstances and who are held for
investigation. The arrest wfta
made by Traffic Officer Edward
when the car driven by the two
youths and one other wafl olwcrv
ed to have only one license plate.
The third youth made a run for
it and got away.
The two held at tho city Jail
claim that the lad who escaped
stole the car in California, and
that while they were asleep at
Grants Pasa he etole a licence
plate off an Oregon car and sub
stituted It for a California plate
on the Car driven by tho trio.
The car In whirh the party wan
traveling laet night had Oregon
license plato number 150-634,
wnirh w.ifl issued to W. L. Starr
of West Fir, Lane county.
BRiTISK ANQ FRENCH
AGREED UPON PACT
Cf.neva. Juno 8. 'A. P.)
Ilrltlsh Koretan Secretary Cham
berlain and Kronth ForeiRn Min
ister Iirlnml ar.nounrcd tod.iy
that a complcto accord ha been
reached by Britain and France on
all pointa of th reply to Ger
many's prononal for a western
European ecurlljr pact.
Bacteria Use
Outlawed In
Future Wars
Geneva, June 8. (A. P.)
The uee of bacteria in warfare
waa today outlawed by the inter
national arms conference. An
amendment was adopted placing
bacteria with poison gas on the
list of forbidden war methods.
The amendment to include bac
teria in the protocol of the con
ference for the limitation of traf
fic In arms and multions was of
fered by Poland and supported by
the American delegation.
The protocol was returned to
committee for redrafting In or
der to Include bacteria. The con
ference adjourned Indefinitely to
await the committee e report.
STRATON POKES
CHURCH EDIFICE
Now York, Juno 8. (A. P.)
"Socony Church" is the suggestion
of Rev. Dr John Roach Straton
or the name of I he new skyscra
per edifice at winch tile Rev. Dr.
Harry Emerson rosdick Is to oe
nastor.
Dr. Straton. fundamentalist ana
nastor of Calvary Baptist church
in his sermon yesterday, poked
'vn at the plans of the Park uvc-
nue llantist church, which Is at
tended by the Rockefellers anil has
called Dr. Fosdlck, modernist and
former Presbyterian preacher.
Dr. Straton suggested that three
generations of Rockefellers might
label the new church with an
enormns "Socony" electric slcn
"Socony'' in the trade mark of the
Standard Oil company of New
York.
Newsonntr accrr:nts of Dr. For-
dick'R first sermon a vcek bko in
the present Park avenue church
Insnlrod Dr Straton to satire.
John D. Rockefeller, his non, John
D. Jr., and the tatter's son attend
ed the service and shook hnnj:
with members of the congregation.
The elder Rockefeller gavo dimes
to several chldlren and one dime
fell on the floor. Said Dr. stra
ton: "A nicture skilfully painted
of the three Rockefellers stnndlng
in a row across the chancel and at
the base of the pulpit the shin
ing tSnndard Oil dime rolling on
the carpet and the lucky young
ster making his wild dive for II
between the legs of the Standard
nil magnates ought to he hlstor
ically preserve! and the best plnw
for It would dlrealy above the nl
tar."
Ixw Anuclefl, Cal, June 8. Six
robberies hero last niKht culmi
nated early today in a uletol duel
between Police Servant frann a.
Harper and Edward Miller, Mil
ler beln Rfihot to death andi the
nollrn officer wounded in the
shoulder. Sergeant Harper, crack
pistol shot and medalist, located
an aulomoblle at Tenth and Geor
gia streclp. the llrenec of which
coincided with that of the car
operated by three banditn who
during the evening successfully
staged six holdups and robberies.
Sergeant. Harper telephoned
police headquarters and Just ns
he placed himelf to watch the
automobile, a taxicab drove up
and Edward Miller alighted and
went to the bandit car. Sergeant
Harper called upon him to keep
away fjom the car and Miller
opened fire, wounding the icr
geant in the ehoulder in a volley
of fiva shots.
Sergeant Harper returned fire
with six shot, five of which en
tered Miller'a body, Instantly
killing him and the eixth passed
through Miller'a hat. Miller wav
identified aa a convicted bootleg
ger. Eicht Killed In Wreck
Peru, lnd., June 8. Eight
negro track layers and one train
man were killed today when west
hound Chesapeake and Ohio
freight train overturned wh'le
rounding a curve near Converse,
lnd., 166 miles louth of here.
IX MINERS
EXPLOSION
Disaster Second For Ken
tucky Mine; 120 Others
Escape Thru Emergen
cy Exits From Shaft.
Sturgis, Ky., June 8. Twelve
or thirteen men were entombed by
a gas explosion in the West Ken
tucky Coal company's mine num
ber nine here today, 13. ft. Jenkins,
vice-president of the comuanv
said. Seven were negroes.
Asked if a rccheck by W. h.
Williams, purchasing agent for
the company, that only six men
were entombed, had been verified.
Jenkins said that mine officials
b'iilieved at leaBt twelve men were
underground,
Sturgis, Ky., June 8. A, P.)
Six men, four of them negroes,
were entombed In mine No. 9 of
the West Kentucky Coal company
here today when an explosion
wrecked entry No. 1, a recheck
made by company offocials this
afternoon Indicated.
W. L. Williams, purchasing
agent for the company said that
instead of two hundred men un
derground when the blast occur
red there were about l.10. Most of
them escaped through other en
tries to tlte mine, ho added.
Eight years ago an explosion In
the companys mine No. 7 took a
toll of 62 dead.
A United Rtntes mine rescue car
was summoned from Kvansvllle,
lnd.r and was expected to reach
the srrne this afternoon.
Ttleextent of the damage has
not been determined. Ventilation
Is good, however, and the upper
workings of the mine were not
dnmnfrod. mine officials said.
A rescue crew maintained by
the mine wns hastily summoned
and began to descend into the
mine. The shaft is 425 feet deep.
The explosion Is believed to have
occurred In entry No. 1. The 15
miners there In probably were
1,600 to 2.000 feet bark from the
shaft when tho blast occurred.
IKES ESCAPE
Eugen Ore., Juno 8. Il.ury
Jtrlnk of Springfield Is at a lorn I
ho,ltul with a Alnshrwl Juglnr
vein, find Mrs. Flossie Hurd, nlsn
of Spi Innfield, i nt the twine hos
pital with several wounds In her
head and bark nil a result of nn
altered stabbing affray on the)
pacific highway between here and
SprlngfMd Saturday night. Both
the Injured are expected to recov
er, according to the hospital au
thorities. John Kollopark, who
polire declare did tho slabbing, is
still at large.
The trio were riding toward Ku
Kenc In a ear, arrordlng to tlte po
lico, Hiink wa striving and Mrv
Ilutd wnsln tho front seatwlth
him. Hollopnrik, who was In the
rea.r seat of the car, suddenly lean
cif forward and slashed Brink
nerofls the throat, 1 lie police de
clare and then stabbed Mrs. Hurd
several times.
The car, left without a guide,
dashed ncross tho highway Into
the ditch. Mrs. Hurd and Brink
were thrown to the roadway,
where Mis. Hurd called for help.
A passing ear picked up the In
Juitd pair, and brought them to
the hospital here.
,!alomly over the woman, who
Is said to have epurnert his love, I
nscilbed by the polleo as tho mo
tive for Sollopnrk's net.
Mis. Hurd Is a widow, her hus
band having commuted suicide
about year ngo. She Is the mother
of four children.
Rollopack In sold to be about 25
years of age.
Simr'.me Court Adioums.
Washington, June 8. The an-
nreme court adjourned today for
ts summer rccea, which will last
until October G.
BY JUDGE
Emergency Board
Declines to Fund
Vetoed Expenses
Whether the state emergency
board has authority to clothe It
self with the power that Is held
by two-thirds of the atate legisla
ture and override vetoes of the gov
ernor waa the question that wan
uppermost at the meeting of the
atate emergency board yesterday.
State Treasurer Kay and some oth
er members took the stand that
the emergency board has no such
power, with the result that funds
asked by several departments to
cover Item vetoes by the governor
in appropriation bills of the last
legtnlnture were either not allowed,
or the officials asking them were
instructed to pay the needed money
from some other portion of their
SEEK AMUNDSEN
OEF FOR NHH
Aboard S. S. lngcrtre, June 8.
(A. P.) At 9:30 this morning
the lngcrtre, carrying tho Nor
wegian government's Amundsen
relief expedition, was proceeding
toward Spitsbergen at her max
imum speed of 10H knots per
hour.
Tho seaplanes F-1S and F-22,
were slung across tho deck ready
for service whenever needed.
They will be used In searching for
tho missing explorers who started
for the north pole- from Spltz
bergen in two flying boats.
Tho Ingetrc spent two houm
taking on supplies at Ilcrgcn. a
Norwegian harbor 130 miles
northwest of Oslo.
The airmen who arc to pilot the
seaplanes In aearch of Amundsen
are quiet, virile Norsemen, whose
constant thought Is the hope of
rescuing A m undsen although
they admit that to find hltn now
would be a tremendous piece of
luck.
Lieutenant LIIujio Holm, leader
of the aviators, told the Associated
Press that his Intention was to
reconnolter along the edgo of the
Arctic pack to the northeast of
Danes Island. Lieutenant Holm's
assnmntlon Is that If Amundsen
is returning afoot from tho pole
toward his original base, he will
naturally make for the nearest
land, which would be thf so-called
norlheast land, or Spitsbergen
archipelago.
St Paul, Minn., June 8. (A. P.)
Tommy (ilbbon.4 returned to hut
home here last night from isew
York nnd declanru no would seek
return match soon with uene
Tunnny of New York, who knock
ed out the St. Fun; veteran in me
12th round Fr'day night.
Tommy said ho would rest tar
about a month before plunging
again Into his quest of the world s
avy weight boxing champion
ship. Tho firwt knockout ot in
career has "not" convinced him
that ho Is through as a success
ful fighter, the St- l'"1'1 wW
said.
"I do not think I have gone
back a single step," l!lhbons as
serted. "I plan to rest for a mon'h
nnd then to nsk Tunney for a re
turn match. I want to tost myself
once more and then (f I fail I ("hull
retire. Hut I would never be sat
isfied to quit now.
"I fought a bad fight against n
fjnod man."
ISTHMUS FLOODS TAKE
TOLL OF OVER 100 LIVES
Mexico City, June 8 (A. P.)
Special dispatches from Vera
Cms report that moro thnn 100
persons have been drowned and
several hamlets destroyed In the
Iathmua region, caused by the
OTerflowlna; of the Tehauntepec
and Pcrrne river.
funds and later come before the
emergency board with requests
based on deficiencies In funds au
thorized by the legislature.
Because of the opposition to
overriding vetoes of the governor,
the requested deficiency appropri
ations were cut from about $81,000
to 121,645.
Secretary of State Ko2cr was al
lowed 120,000 to begin the admin
istration of the act requiring cer
tificates of ownership of all auto
mobiles In the stnte. Ho estimates
that 150,000 or GO,000 will be
needed this year, but the $20,000
will be used for purchase of type
writers and other capital outlay.
(Continued on Pago Kivo)
COLLECTJON OF
INCOME TAXES
IS SPEEDED OP
Since June 4, when waivers of
j, i! n ally and interest on delinquent
income taxes ceased, the total col
lertcd under the income tax act of
1023, now rcpca.ea, has mounted
rapidly, and has now reached ap
proximately $2,325,000. At the
t i mo the law was enacted It was
estimated the a:t would yield fl,-
2!MIUV.
Iiast week alrno nearly $100,-
000 was received, of which $350,-
000 was turned over to the stnte
treasurer. Koine turnover have
not yet been made by the tax com
mission. One big corporation
alone remitted nn additional $56,
000. While some of the recelplu rep
reiien t f on rt h Instal 1 men t pa y
utents by the taxpayers and
sources uncoverec, uy field Investi
gations, by far the most of It is a
result of the supreme court opin
ion holding that corporations arc
to bo taxed on their dividends,
while taxes paid by Individuals on
their dividends from corporations
are to he refunded. The refunds
to Individuals, In the opinion of
Karl Klsher, state tax commls
tiloner, will not b.. more than one-
third of the taxes on dividends
:uld by corporations.
Kcfunds to individuate are to
bo deducted from the $400,000 re
ceived last week nnd will slightly
cut down the approximate total of
$3,325,000.
The additional payments now
coming In from corporation on
accounts of dividends will, accord
ing to tSato Treasurer Ky, cut
down considerably the di-ffcll to be
faced by the atate during the pres
ent biennlum.
Yesterdnv' Scores
Portland 10-3; Han Francisco
13-fi.
Seattle 917; Lor, Angeles 1-2.
Vernon 3-10; Sacr.unento 0-3.
Oakland 4-3; Suit Lake 3-1.
Politics Are Forgotten
By Minnesotans As
Coolidge Pays Visit
Rt. Paul, Minn.. June 8. (A.
P.) Political differences were
forgotten today s tho people o!
Minnesota and tho norlhwc.-'t
joined In honoring President t'ool
Idge, their guest for the day.
Coming Into the territory which
was a battlo ground 111 the last
political campaign on n non
political mission to pay tribute
to tho Norwegian Immigrant the
exe-ullvn was given a welcome
that did not know the bounds ot
race or early.
Thousand of cheering men,
women nnd (hi. men lining the
ITnlon station concourse nn.l
streets nearbv greeted the presi
dent nnd Via. Coolldgo on their
arrival last nlr.ht. Thousands of
others awaited an opportunity lo
jtcI a glimpse of them today, to
henr the president's address at the
Norse-American cxnlennlial caie
hrstlon at the slals fair ground
or to sea them at close range at a
DEATHS FOR
NINE DAYS
TOTAL 481
Sunday Casualties Due to
Heat Number 157, Prin
cipally In Far Eastern
States.
Chicago, June 8. Relief In
eastern and middle western ureas
was In prospect today from the
almos t nation-wide heat wave
which has taken a toll of 481
lives In nine days. Although
western temperatures were moder
ated to some extent yesterday by
cloudiness, rains aud winds result
ing in a smaller number of deatha
than th0 day before, the continu
ing heat in many eastern areas
added heavily to the casualty list.
uoaths yesterday directly attrH
buted to the heat numbered 157,
all but S In eastern territoy. Tho
previous total y,is 324 deaths;
from heat and storm.
Philadelphia led the casualty
list with 71 deaths, while 31 wera
recorded, to relief.
Relief Forecast
Relief wns forecast by the
weather bureau from two direct
tlons.
Portions of tho air, particularly .
In New England and New Jersey
were scheduled to benefit from au
atmospheric movement from the
northwest v.hilo the west waa
promised relief as a disturbance
moved into the central states from
the Hocky mountains. By Tues
day tho western messenger will
have progressed to Tennessee, the
Ohio valley and the lower lake re-
ion. '
The enlranco of the storm Inta
the middle west wns accompanied
by considerable dmnage in several
states. High winds, small torna
does and rain demolished build
ings, flooded basements, interrupt
ed communication, killed or In
jured several perwms. Little Falls,
Minn., Omaha, Neb.f Vlan and
Ardmore. Ofcla., Wray, Colo., and
Davenport, Inva, were In the
naths of the storms. Near Wray
a gale swept thrcugh twenty-five
(Continued on Pago Six)
COLLEGE PROFESSOR
MURDERED BY YOUTH
Baton HoiiKe, la., June 8. Os
car It. Turner, professor at Loulsl.
ana State university, was found
late yesterday In a university
building wlt:i his throat and faca
gashed Into unrecoBnlzablllty and
died shortly ai'tcrwarda.
A small fire axe, found laying;
near by with a bloodstained hand
print on the handle, is the only
clue to the tr.if.cdy.
I'ollce believe his assuilant waa
a student who tiore a grudga
against him.
Miming examination papers, be
lieved to pl- y at Important part
in the killing, which could not ba
found before and Immediately aft
er the tragedy, have been mysteri
ously returned to Professor Tur
ner's dee-k, polico announced laal
night.
public reception tonight at tha
state capitol.
While here the president ana
Mrs. Coolldgo uio guests at tha
home of Secretin y and Mrs. Kel
logg. They will leave for Wash
ington shortly before midnight to-
lli.Tllt.
On arrival last night from
Washington. Mr. nnd Mrs. Cool
Idgc went to tho Kellogg home but
not until the president clasped the
grimy hand of J. W. Murphy, en
gineer, nnd W. I.ang. fireman, on
the engine vhlch pulled the train,
Into St. Paul, with tho remark:
"That was a fine vide."
Soldiers from Kort Hnclllng aid
ed polico In their etturts to handla
the crowd which surged toward
tha president as he made hi? wy
through the station. Even aftet
ha had found seclusion at the Kel
logg residence, hundreds of curl,
nus folk lingered In an adjoining
street. '