Capital journal., June 23, 1925, Image 1

f ,
SECOND SUIT TO BRING BRAMWELL
.CIRCULATION
Dally average net pala circulation for
month ending May 81 192S
6738
Average dally distribution 7073.
Member Audit Bureau of Circulations.
FORTY-SEVENTH YEAR No. 149
RETURN OF IAP CONSULS
BANK OFFICE ATTACKED BY
mm
First Case Tied Up By
Appeal Oh Contempt
Case In Supreme Court
New Suit Filed.
A second action to compel the
return of the office of the elate
ban king depar tmen t to Salem
from Portland, where it was re
cently moved by Frank Bramwell
state banking superintendent,
wae initiated here this afternoon
when District Attorney John Car
son acting upon relation of George
Putnam, editr- of the Capital
Journal, filed mandamus pro
ceedlngs directed against Bram
well and Sam Kozer, secretary of
state and custodian of the state
capitol building, to compel com
pliunce with the state banking
code enacted by the last legisla
ture requiring the maintenance of
the main office of the depart
ment here.
The suit is similar to a previous
mandamus action brought on re
lation of Mr. Putnam, except that
It seeks action under the new law,
whereas the former Biiit woe
brought prior to the effectiveness
of thG revised statute, which
went into effect May 25.
The complaint alleges that In
maintaining only a desk in the
capitol building Superintendent
Bramwell is not complying with
terms of the new law, which Rpc
cifically requires that the main
office of the department shall be
maintained in Salem, but that a
branch may be established in
Portland. The act also requires
that the secretary of state furn
teh suitable quarters for the main
office In Salem.
In the first action brought un
der the old law Bramwell filed an
affidavit of prejudice against Cir
cuit Judge McMahan, and when
he failed to comply with the
court's order to appear and ex
plain his grounds for alleging
prejudice he ' is cited for con
tempt of court and fined $50. The
contempt finding wae appealed
and now Is in the hands of the
supreme court where a ruling is
sought as to whether cause for af
fidavits of prejudice must be
tabllshcd.
In view of the fact that this
Question of prejudice is already
before thi supreme court, it ie
anticipated that Judge McMahan
will set aside in favor of another
jurist if another affidavit of pre
judice is filed and allow the man
damns action to go to trial on Its
merits.
TODD TO TALK
Kelso, Wash., June 23 A. Kurlc
Todd, recalled mayor or Keiso,
who claims he still Is the city's
eh J of executive because the elec
tion by which he was recalled was
Illegally conducted, will make a
definite announcement tomorrow
morning of his plans for the im
mediate future as relating to his
cl..Im t the mayor's chair, he an
nounced today.
A public meeting at which Todd
and John P. Coney, Seattle attor
ney and supporter of the recalled
mayor, will be principal speakers,
will be held in the Jlty park to
night. It was stated.
The Cowlits County News, which
wau published by Thomas Dovery,
mysteriously slain last Friday night
will be Issued this week under the
auspices of the Public Welfare lea
gue, of which Dovery was execu
tive secretary.
GERVA1S UNION SCHOOL
DISTRICT HELD DISSOLVED
The Marlon county school boun
dary board which met today to
make official canvass of the votes
east In the union nigh school di
trlct election last Monday t Oer
vats, today continued the ease aft
ar completing the check. No dat
has been set for final dlspoaU'oa
a tte cast.
C apilti al Aloiir mat
CHINESE IB
Serious Situation In Three
Cities In South China
Where Japanese Are
Stoned.
Possibly serious developments
in ine Chinese situation were indi
cated today by reports, in some
cases not confirmed of attacks up
on japaneso officials in three
cities in South China. In one case.
the stoning of a Japanese consul
at Chiugkiung, an apology was de
manded and it was intimated Ja
pan might take strong action if
tne apology were not made.
Reports from Ningpo described
the anti-foreign movement as
rampant and said rioters looted a
foreign mess there.
Japanese consuls were reported
to have been stoned both at Chun-
gkiang and Chingkiang. A Jnpa-
neso customs commissioners was
reported killed and two Japanese
injured at Wuchow. This report
was not confirmed.
Onen Negotiations.
At Peking the diplomatic corps
decided to open negotiations with
the Chinese government regard
ing responsibility for the recent
Shanghai strike troubles and for
subsequent developments.
At the same time the diplomatic
corps sent to the Chinese foreign
office a noie refusing to accept
responsibility for the delays in
settling the Shanghai question.
The note also charged the Chinese
foreign office with narrating n
version of the Shanghai incidents
that docs not accord with the
facts.
Attempting to -extend the anti-
foreign agitation to Manila,
Shanghai radicals today cabled to
comrades in the Philippine city
urging a general strike at Manila,
beginning June 25.
Proclaim Martial Law.
Shanghai, China, Juno 23. (A.
P.) Martial law has been pro-
(Continued on Page Seven.)
DOT PERKINS
GETS 5 YEARS
New York, June 23. Dorothy
Perkins, 17-year-old slayer of
Thomas Templcton, her young un
welcome suitor, is to serve from 5
to 15 years in prison but Michael
Connors, 40, a married man whose
attentions she preferred, is facing
the prospect of punishment too.
Assistant District Attorney Mc
Donald said an indictment charge
!ng criminal assault would be
sought, against Connors, who is
now serving a sentence for wife
beating.
The beginning of the girl s term
at Auburn prison is being held in
abeyance pending the shaping of;
the case against Connors.
Bank Robbers Shoot
Up Town, Dynamiting
Vaults, Secure $70,000
Freeport, UK, June 23. Five
iank robber held the town of
Shullburg, Wis., in a lead mining
section, in terror for more than
nn hour early today, blew open the
vamt In the First National bank
an.1 escaped with loot supposed to
amount to 70,000.
Residents of Sim ll burg, a little
town of 1200 population in south
ern Wisconsin were fired upon by
two of the robbers, armed with
shotguns who stood on guard.
Two of three explosions partly
wrecked Ihe bank building.
The pair on guard- duty fired a
number of .shots when townspeo
ple arouse! by the explosions
about 3 a. m. Appeared at doors
ir Window!. No one was wound.
d. Before entering the town, the
elipbons wires were cut There
is no night policemen oa duty.
jbond Salesmen
Arrested on Wire
From Los Angeles
Acting on information in a po
lice bulletin from Los Angeles, the
Salem police department and State
Traffic Officer Relnhart yesterday
afternoon cooperated In the arrest
of Mr. and Mrs. - Dale Williams,
Harry Van Gelder and Miss Mary
Bligh, who were apprehended on
the Pacific highway north of Sa
lem. The four were held in the
city jail last night In compliance
with Instructions In the bulletin,
which stated that an embezzlement
charge had been lodged In Los
Angeles.
The Los Angeles officers were
notified of the arrest and early to
day telegraphic Instructions came
E
SCOPES PERFECTS
Iteyton, Tenn., June 23 Al
though details yet remain to be
worked out, It became known early
today that the defense attorneys
for John T. Scopes, charged with
violating the Tennessee law pro
hibiting the teaching of evolution
In state public schools, have com
pleted a working course. "
The remainder of the conference
today, it was indicated, will be giv
en over to the working out of varl
ous details, determining Just what
experts along scientific and relyig
ious lines will be called and look
ing toward the naming of Individ
ual expert witnesses.
One difficulty is confronted in
this respect, attorneys for the de
fense Indicated. Scientists, they
said, had particular dislike for at
torneys and a distaste for appear
ing In courtrooms for the purpose
of answering questions and listen
ing to legal quibbles.
The defense will take up the
question of the constitutionality
of the law.
Scientific experts will be brought
to testify to the effect that virtual
ly that all science ttouches upon
the theory of evolution. This they
will argue, virtually would prevent
the teaching of all scientific sub
jects In the high schools and col
leges of Tennessee.'
A third point to be brought out
by the defence will be based upon
the difference constructions that
may be given the biblical account
of creation. In connection with
their presentation of this phase.
the defense Indicated that many
biblical authorities and divinity-
students will testify.
Through the construction of the
Tennessee law. It Is pointed out, no
particular version of the bible Is
designated. It might apply equal
ly attorneys say, to either the Greek
bible, the King James version or
any other of several translations.
Bend, Or., June 23. Fire at 2
o'clock this morning almost com
pletely destroyed the Ctntral Ore
gon Ian, weekly newspaper at
rhicville. The loss Is estimated
at between $5000 and $0000 by
It. II Jones, editor and piiblfi-her.
James Simpson, president of the
First National bank, said the lot
would be large but that there wns
such confU3on I'.imt he was unable
to give an estimate of the amount
of loot. The bank ordinarily ha
deposits of about a quarter of a
million doUirs.-
The first Intimation the towns
people had that anything was
amies camo with a muffled ex
plosion as the first of eight shots
were exploded in Ihe bank build
ing. Just after the first explosion
a carload of South Dakota tourists
drove Into town. One of the rob
bers' lookouts ordered the driver
to stop, but be neglected to obey
with the result that the tires were
shot off fait machine and several
bulloU fired tnto the body of
the car.
SALEM, OREGON, TUESDAY, JUNE 23, 1925
from the Los Angeles chief of po
lice to release the two women, for
the reason that no charge had been
made against them. In the mean
time habeas corpus proceedings
had been threatened to obtain the
freedom of the women, but this
was dropped when the request for
their release came from Los An
geles.
It Is believed that a strenuous
fight against extradition will be
made, with considerable possibility
of success, because of the nature
of the case. Williams and Van
Gelder, It appears, were employed
as bond salesmen by a Los Angeles
(Continued on Page Seven)
T
The annual financial report of
the city superintendent of schools
will be made by Superintendent
George Hug at tonight's meeting
of the school board.
The report will show actual ex
penditures for direct educational
purposes during the year of sums
amounting to $249,967.43. The
amount spent for all school pur
poses. Including payment of bor
rowed money and interest on
bonds, amounts to $G4G,910.
Employes salaries cost the dis
trict $217,822.17 during the past
school year, Mr. Hug's report will
show. Material and supplies cost
$15,146.45. Maintenance and re
pairs cost $5,090.37. insurance
cost $2,708.91. Miscellaneous ex
penditures amounted to $1,205.98.
The emergency fund U listed at
$7,084.68, $7,000 of which Is
listed for the purpose of paying
for an athletic field. Interest on
warrants amounted to $908.24
The totals show a balance of
$1,532.57, that amount having
been saved under the sum allowed
In the budget. The budget, pre.
pared at the beginning of the
school yoar, provided for expendi
tures amounting to $251,500,
E
That within the next 18 months
a four-story office and business
building will probably rise at
Liberty and Ferry streets on the
ground now occupied by the Club
stables, and that a twestory
business building will go up dur
ing the present summer on the lot
immediately south of the old
Salem laundry on the east side of
Liberty street whs announced to
day by George C. Will.
Mr. Will today completed a deal
whereby ho has purchased for
$12,000 from W. C. Dyer the lot
49 by 82 feet just south of tho
old laundry building, and this is
to be the site of his new building
this summer. About a yoar ago he
purchased the property occupied
by the Club stables, and where he
proposes a four-story building
next summer.
Mr. Will is now one of the big
business property owners of the
cjty, having owned for some years
tho property that, is occupied by
his music store on State street and
which lacks only a few feet of
Joining at the ronr with the new
property ho has acquired from
Mr. Dyer.
LEVENS SPEAKS AT
CONFERENCE OF DRYS
Portland, Ore., June 23. Wil
liam S. Levens, state prohibition
director, was one of the princlp.il
speaker! at a two day state law
enforcement conference which
opened here toray, O, W. Stewart,
ot Chicago, president of the flying
squadron foundation and 141m
Norma C. Brown ot Bloomlngton,
III., vice-president ot ths founda
tion, were among the speaker on
tbe program today.
"We hope to consider the whole
problem ot law enforcement to
discuss all lis phases as related to
national, state and cllor problems, "
said Stewart.
i
SHEPHERD ON
STAND DENIES
ALL CHARGES
Accused Man Asserts
Never Used Germs Or
Poisons To Kill Boy
Who Willed Him Estate
Chicago, June 23. (A. P.)
William D. Shepherd took the wit
ness stand today and denied every
detail of the state's accusation
that he slew his millionaire footer
son, Billy McClintock. with ty
phoid bacilli.
in three minutes In the witness
box. Shepherd denied he bad UBCd
germs or poisons to kill the boy
who willed him his rich estate, or
had caused death in any other
manner, thereby covering each of
the 22 cow n '.3 in the formal Indict
ment. Ho denied further that
prior to his arrest he ever had seeu
Charles C. Fuimnn, who a few days
ago told tho jury he gave germs to
Shepherd and taught him how to
kill with them.
Court Room Crowded.
A crowded room of spectators
whj had fought tor admission on
tli I. - day of days of the five weeks
of tbe trial strained forward tense
ly as Shepherd was called.
A great in hps of a man. wide and
o;f stocky build, curly Iron grey
hair, his fner chalky white with
its prison pallor. Shepherd ambled
leisurely to the witness box.
'Did you murder Billy McClin
tock?" asked William Scott Stow-
(Continued on Page Seven)
FOR WIFE'S DEATH
Kansas City, Mo., June 23.
The Kansas City Journal today
prints a copyright story detailing
a confession of Charles H. Davies,
prominent Concordia, Kan., resi
dent, that ho hired a, Kansas City
gunman- to slay his wife Lu order
to obtain lu-r properly and of his
subsequent blackmailing by gun
men and th:lr associates when the
attempt at murder failed.
Davies and seven Kansas City
men were alleged to have been In
volved in the plot against Mrs.
Davies, were charge with assault
with intent to kill in charges filed
last night at Concordia.
BIDS OPENED UPON
OREGON ROAD PROJECTS
Portland, June 23 Bids were
opened on four road projects by
tho United States bureau of public
ronds hero today. Low bids fol
low; Mauser Douglas county line.
Uoosevelt highway, 7.7 miles of
surfacing, I. It. Tower, $52,932;
Cloud Cap Inn, 10. miles of sur
facing; Dngetl and Cooper, $.ri8,
3811: Dot roll -Niagara, 12 miles of
surfacing, Johnson Contract com
pany, $33,102, and Kanrile-Ynklmn
Wnsh., four miles of grading, Ivor
J. rtnstcn $r,o,nsr.
French Deputies Mix
In Free for All Fight
Over Moroccan Issue
PrtrLs, Juiio 23 (Ily Ash. dated
Press) Today's sows! on of the
chamber of deputies considering
the Moroccan q-ue.'dlnn broke up in
a free for all fight when tho white
haired Colonel l'icot, deputy of
tho right bloc, rushed to tho ros
trum and slugged the communist
deputy, Do riot, squarely In the
fact ax tho latter was attacking
th French government.
Deuty Dorlot itsggercd but clinch
ed with hla assailant. Communists
from the left and nationals from
th right came climbing up the
Maps of the rostrum until 26 depu
ties wst thera, milling around,
wrestling an, bitting eaO. other
wildly.
1
. ...--.'-33 .. .."."I
Central Pacific
Asks Permission
For Construction
Washington, June 23 (By
Associated Press) The Cen
tral Pacific railroad asked
tlie Interstate commerce
commission permission today
to construct forty miles of
new railroad from Klamath
Falls, Ore. ,to Cornell, Oil.,
T1k line will allow the
Southern Pacific system, of
which tlte Central Pacific Is
a part, to inn I n t n 1 n d I rect
lino service between San
Francisco ami Ogdcn, Utnh,
besides developing cent nil
Oregon.
5 CENT FARES
Portland, Or., June 23. The
petition for five-cent car fare,
filed three years ago with the pub
lic service commission by the
Housewives' Council, came up for
hearing today. The care fare in
Portland has been 8 cents since
1920.
Mrs. Josephine Othus, president
of the Housewives' Council, re
quested the reading of the three-
year old complaint.
' ihrej years is a long time.
she said, "hetwen the filing of n
complaint and the hearing on It.
The data gathered then is out of
date. We had an attorney then,
but have nona now; We are throw
ing ourselvas on the mercy of the
commission."
Mrs. Kate Bonham, member of
the council, followed the rending
of the petition with reading of
survey mrdc by mail in otner
citie3 throughout tbe country, i
The council rested its argument,
with the reassortion that the pres
ent careforo aro "unreasonable,
unlawful" and injurious to Port
land and tbe state.
H. D. Wngnor. urged the public
service commission to recommend1
purchase of the Portland Kleotrlc
Power lines by the cty. ilo asked
that a five-cant fare, with possible
deficits to be marie Hp from the
general fun .1, be stipulated. 11
said he intended to Introduce wit
nesses later In the hearing to
strengthen his argument.
KLAMATH STORY
Klnmath Falls, June 23 A
youthful and Impressionable re
porter was believed by Southern
Pacific officials to bo responsible
for the unverified and unauthorized
report emanating from here Inst
night to the effect that tho South
ern Pacific Is filling In lowlands
hero preparatory to building a ter
minal, ronund houses, shorts and
other railroad buildings and equip
ment. nut end of all these fncllitlcs,
rnll officials sntd, a gravel train Is
being used to haul gravel at various
points nlong the Weed-KIamath
branch to strengthen tho roadbed.
The gravel train Is laying over
In Klamath Fnlls at nlnht and this
prosaic occurrence Is believed to
hnvo Inspired some embryonic re
porter to stnrt building shops nnd
terminals on paper.
A turmoil of deputies then surg
ed In tho open spaco below the
rostrum an dlt was ton minutes
before tho ushers could break up
the various fights and President
of the Chamber Ilerrlot could ad
journ tbe session.
With folded nrniK, Premier Pain
leve, anil Foreign Minister llrlnml
Wntrhed the fight.
He for the d 1st u run nee started
Premier Palnlevo had commenced
a speech on the Moroccan situa
tion. He sntd France must pre
sent a solid front In Morocco.
"If we took the least Initiative
toward peace negotiations," he
said, "our action would be Inter
preted as weakness and make our
situation mora difficult."
PRICE THREE CENTS
CHERRY DEA
CONTRACT IS
I
Denney & Co. Agreement
So Unfair As To Ren
der It Invalid; Growers
Assume All Risk.
With cash offers of eight nnd
eight and a half cents for .black
cherries for fresh shipment being
made here today, growers who con
tracted their cherries earlier In
the season to Denney and company
on a consignment basis are begin
ning to look at their llole card,
and hunt around for the "joker"
in the contract that guarantees
them next to nothing for their
ipuu.
The Denney contract Is nnn.nf
the most vicious from the stand
point of tho grower that has been
offered here In years.
Under Its terms the crower is. or
rather Is supposed to be, bound to
deliver his cherries to the com
pany If the company so desires,
but the company Is In no manner
bound to accept the cherries If
for nny reason It does not wish to
do so.
One Sided Contract
So one-sided is the contract that
local attorneys who have boen ask
ed to cxamlno It have declared
that In their onlnlon It cannot be
enforced, on tho theory that no
contract which does not bind both
parties Is valid and binding. In
this contract the company ia not
bound to do anything except pay
an advance of 2 'A cents for such
cherries as it elects to receive. The
grower Is bound to not only deliv
er his cheriies, but also to finance
the romp.my In its marketing op
erations, leavlntr tho irrower to
shoulder all of tho hu Karris.
Tho conlrnct calls for Mm rln-
livery of tho cherries bv the crow- i
er in good condition for what ap-1
iH-inH mi no n rami advance or 1 .1 2
(Continued on Poko niqht)
LOST AIRPLANE
OF
Kings Bny, Spitsbergen. Satur
day, Juno 2. (A. p. Delayed)
The lost airplane of tho Amund-
sen-tillHworth north pole expedi
tion uy this time probably had
boen crushed by tbe ice in which
It was left fast and parts of it may
eventually drift westward and be
cast up somewhere on the Green
land coast.
Ibis Is the view taken bv thn
members of tho Amundsen party
who returned here Thursday in
their remaining plane.
i ho story told by the returning
explorers showed that trouble for
the party began early, when the
machine Amundsen, lender of the
expedition, wns occupying, with
lieutenant Hllser-Mirson nnd
Mechanic Carl Fcucht descended
to a low altitude tbe day after
the start to take observations.
Tho motor of this machine, It was
stntod, suddenly developed a de
fect, necessitating a forced land
ing on a nnrrow strip of water
between two moving masses of ire.
Nobody was hurt but the party
had to movo quickly nnd abandon
the plnne and everything it could
not carry in tho way of food and
equipment and dash for safety.
They were separated by some dis
tance from tbe oilier plnne, the
occupants of which were unable
to seo them.
In crossing new ire In the at
tempted salvage work that fot.
lowed, Uof Dletrlchson, pilot, and
Osknr Omdahl, mechnntr, broke
through Into tho wnter nnd were
rescued with great difficulty,
mainly by the heroic offorts of
Lincoln Kllsworlb, companion ex
plorer with Amundsen In the ex
pedition. Omdahl wns pretty far
gone when he was pulled from the
water,
This Is the first dispatch from
the Associated Press staff repre
sentative at Kings Hay that the
press agent of tho Norwegian
Aero club, which controls the
Uunsmisslon facilities from Spitz
bergen, hns permitted ton come
through tinea Amundsen's return.
JOKER
PA
BACK
FAIR TONIGHT
Tonight and Wednesday, low humidity,
light dry north winds with Increasing
fire hazard.
Local: Max., 81: mln., 49; rain, none;
river, .6; utinos., clear; wind, northwest
ON TRAINS AND NEW8
STAN 133 P1VB CENTS
ETO
ED BY
S
Proceedings Brought To
Force Calling of Special
Election To Vote On
Referendums.
Contending that Governor
Pierce did not have a constitu
tional right to veto the bill paus
ed by the 1925 legislature calling
a special election in September,
an original proceeding in man
damus wns today filed in the su
preme court demanding that Sec
retnry o( State Kozer call a sdb-
ciol state election on the second
Tuesday of next September. The
petition was tiled by Attorney
John H. McNnry of Salem on be-
nau oi Li. Ij. swan of Albany, a
member of tho legislature, who
nppcare ae the petitioner.
I ho order was signed on pre
sentation by Chief Justice Mc-
unne. it flemands that tho sec
retary of state appear on June
26 and show cause why the spe
cial election should not be called.
Seek Early Elect'on
Tho act ot tho legislature which
was vetoed by the governor pro
vided that the special olection
should be called In event tho ref
erendum was invoked against
any of the revenue producing
measures that were passed by the
legislature, having particular
referonco to the tobacco tax act,
tho hua bill nnd the "tithing"
bill, tho latter requiring that self
sustaining state activities pay 10
per cent of their proceeds Into
the general fund of the stnte. On
nil of these measures the refer
endum has been Invoked. Since
the governor had vetoed the spe
cial election bill the revenue,
from all these measures was con
sidered to be cut off until after
the general election In Novem
ber, 1925, thereby throwing the
state's flnnncial condition Into a
serious tangle and making a stato
deridt of over 1600.000 by the
end ot 1926 almost certain. If ths
mandamus action filed here today
'Continued on Page Heven)
N DIVORCE CASE
Now York, Juno 23. (A. P.)
Names as co-respondent, Talbot
W. Chambers, coal dealer, haa
been arrested as the result of hla
testimony of hia relations with
Mrs. Thomua H. Symington, who
is being sued for divorce by her
husband, a wealthy railroad equip
ment man.itiicturer.
Chambers faces a penalty ot
$500 fine or two years imprison
ment, or hjth under the law, in
voked now for tbe first time, hold
ing co-respondents responsible for
action revelled in doverce action.
fid ward I lackett, elevator oper
ator in the Symington apartment
building, wno corroborated Cham
bers' statements, has also been ar
rested ns a material witness and
released on $500 nail. Chambers
was released in $1000 bail.
Tho tsartllng turn In tho trial
eniiie after adjournment yester
Elackctt substantiated Chamber!
testimony ot Inst Friday that tho
latter had misconducted himself
witn Mrs. Hymtngton on two occa
sions. llr.ckett said he was a soda dis
penser at Mfamr, Kla., nnd that
Mr. Symington had paid hi ex
penses to come to New York to
testify.
Counsel for Mrs. Symington
asked Justice Ford, hearing ths
case, to sit as a committing magis
trate and requested the warrants.
J-.tstlco Ford as a state senator
introduced tho state adultery bill
in 189li.
Mm- Gordon Elected.
Edinburgh, Scotland, June II-
(A. P.) Mlaa Anna Adami
Gordon of Kvanaton, 111. wa re
elected presldont of the World'!
Women's Christian Temperancl
Union today.
PIERCE V
ATTACK
MANDA1