OURT UPHOLDS LOWER
CIRCULATION (
Dally average net pala circulation for
month ending June 30, 192S
6729
Average dally distribution 7089.
Member Audit Bureau of Circulations.
FORTY-SEVENTH YEAR No. 166
INJUNCTION
Public Service Commis
sion Order Reducing
Hay and Grain Rates
In Oregon Sustained.
In what Ifi considered one of
the nioat Important decisions
handed down In the state ae far
as the amount of money involve
Is concerned at least, came down
today when Circuit Jurtgea L. II.
McMahan and Percy It. Kelly of
this district, dissolved the injunc
tion against the public service
commission secured by the Oregon-Washington
Railroad & Nav
igation company and other car
riers of Oregon in which the com
mission was restrained from re
ducing rates 15 per cent on grain,
grain products, potatoes, onions
and straw. The sweeping order of
the commission involved rates on
all carriers. In addition was In
volved an order that n the Hepp
tier. Pilot Hork, Shaniko and Con
don branches of the O-W. It. &
N. a differential would be per
mitted on whole grain not to ex
ceed the maximum rates prescrib
ed phis 10 per cent.
In February, 1924, a tempora
ry injunction was granted by t'ae
circuit court from attempting to
enforce orders of the commission
which reduced the rates on the
commodities mentioned 25 ner
cent. Under a decision of the
court at that time the reduction
was changed from 25 per cent to
15 per cent, the differential on
the O-W. H. & N. eastern Orr-gon
branches was eliminated and the
courts declared that the rates pre
scribed are maximum rates onlv
and the carriers aro expected to
establish point to point rates as
occasion requires.
The public service commission
Issued orders in compliance with
the order of the court at that time
and the railroad companies secur
ed another temporary injunction
restraining the commission from
enforcing such orders. It was euch
temporary injunction the court
eet aside today. It Is considered
llkc-ly that, because of Its Im
portance, this case will go on thru
the United States supreme cout
In banding down his opinion
Judge AlcAIahan had the following
to say in part:
"The pluintiffs contend that
the orders aro based upon a mis
take of law on the part of tbe
Commission and are unreasonable,
discriminatory, in - conflict with
Interstate rates and confiscatory.
"We think that pluintiffs have
not shown any of these things by a
preponderance of the evidence. On
the other hand, there is some
evidence In the record tending to
support the defendants' conten
tion that the rates embraced in
Supplemental Order No. 1131 are
reasonable and In accordance
with approved practice.
"Plaintiffs present evidence of
experts whose opinions support
plaintiffs position; but the basis
of such oinions In either not given,
or, if given, when analyzed fails
In our view to justify such opin
ions. "We cannot bring ourselves to
believe that the Commission mis
took the law of the case merely
because the undisputed and In
disputable fart appears In the
record that financially the farm
ers were In a deplorable condition
generally when this Investigation
was first instituted.
"Without deciding that there is
any such conflict, we think it un
wise and unwarranted to enjoin
an order of the Public Service
Commission on the ground of con
flict with interstate rates for tbe
reason that tho proper course to
pursue to correct the evils of any
such conflict is by ajplicatlon to
the Interstate Commerce Commis
sion, which, to that end, has
Jurisdiction over both Interstate
and intrastate rates.
"Plaintiffs make tho argument
that the total net return upon
their intrastate business Is so low
that a reduction upon rates for
transportation of hay and grain
products must necessarily be
deemed unreasonable and con
fiscatory. Th statute fr lied up
on by plaintiffs) doc not require
that the net return frm all the
rates shall effect th reaonable-
(ConUnaed on V&g Seven)
Asks Tolerance
"ciRENCfr.PAKROw3
The "fundamental bedrock of
liberty Is tolcranco," said Clarence
Darrow, counsel for the defense in
the Scopes trial at Dayton, Tenn,
He declared It Is a trial for the
preservation of tolerance rather
than tho Uioory of evolution.
"Nothing," he stated, "exemplifies
Intolerance more concisely and
clearly than the law under which
Scopes Is to be tried."
GIRL KILLED AI
PAIR'S DEFENSE
Watertown, 8. D., July 14
(AP) Byrle Henley. 17, of Gar
den City, S. D., girl whoso charred
body was found late yesterday In
a burned strawstack near that
place was shiin at her own request
by Wlnfred Meek, 21, and Robert
Lap pier. State's Attorney H. Han.
son announced here today that
Meek and Lappler told him, fol
lowing their orrost yesterday that
they met the girl in Garden City
Sunday night and drove her into
the country where she begged them
to end her life. The alleged con
fession declared that Lappler struck
Miss Healcy over the head with a
tire Iron and that both youths then
choked her with her scarf.
Placing the body In a straw
stack, the state's attorney said the
alleged confession declared, the
youths drove to Bradley to attend a
motion picture show. Later, Han
son said, they returned and set fire
to the strawstack to obliterate
traces of the crime.
Hanson said that he would pre
fercharges of murder In the first
degree against Meek and Lappler.
San Franilsco Cal., July 14.
(A. P.) Pinclo Villa, flyweig.it
champion of the world, died toJoy
at a local hospital following nn
operation on b.s jaw.
Villa was rushed to the hospltrJ
from his hotel la?c night wn?n a
jaw Infection took a serious turn.
Ho was operated on at once, but
failed to rally from the effects of
the operation. He died a few
minutes after 11 o'clock.
J5x
President Seeks
Conference Upon
Chinese Problem
Swamp.coU, Jin., July 14
f A P) President Coothlgc hopes
that condition will be such that
a conference can be held In the
near future for a discussion of ex
tra territorial rights In China as
well an Chinese customs.
Tho effort of tho Aniciicnn gov
ernment to brine about such a con
ference. It was ninted today at the
summer White Houe, nre confined
to on attempt to have the nine na
tions rtgnntnry to Ihe Washington
treaty participate and tho United
States his not entered Into an
agreement with Great Britain and
Japan with repaid to China. j
It was reiterated that' the United
States was srekir.g solely to have;
the Washington treity obligations!
to China carried out on the one I
hand and to .ccure from China pro
t ecu on fur lives and property of
WARRANTNO
I
Court Overrules Motion
of Mt. Angel Man For
Return of Still Taken
On Faulty Warrant.
Joe Walker Wic fnnml p-nUtu
the circuit court jury Just before
noon todav on a nhnrirn nf lmlnv.
ful possession f a still, and sen
tence will be passed ou him at 9
o'clock next Saiurday morning.
The Jury was ou: about 20 m fu
mes,
Circuit Judge Kelly this morn
ing overruled the motion of the
defense in the case of Joe Walker
of Mt. Angel to suppress the evi
dence in the case and trial went
ahead on its merits before the
jury.
Arguments and testimony on
the motion consumed a consider
able share of yesterday and over
an hour this morning.
Judge Kelly, while not passing
on the question of the validity of
the search warrant as raised by
counsel for the defense, declared
that for the purpose of this case
that If the officers had reasonable
ground to believe that a felony
had been committed or was being
committed they had no need for a
search warrant.
Judge Kelly declared that there
was another salient feature in the
case as to whether the building in
which the still was located was
not such a building as was pro
tected against a search. However,
the court overruled the motion
directly on the theory that there
was such a condition that the of
ficers believed a felony was being
committed or had been committed
and that there was ample ground
for such belief.
Testimony was Introduced dur
ing the argument on the motion
rrom Walker himself. Emil Wlelke,
a brothor-ln-law of Walker, by
State Agent A. C. Smith and
Federal Agent Harry Barker and
Deputy Sheriff Brammer.
Much of the testimony revolved
around the point of whether or not
Deputy Sheriff Bremmer, before
he read the search warrant, had
asked Walker where the still was
on the premises, and whether In
response to the question Walker
had, by a wave of the Words "Over
there" Indicated the location of
the still In the granary where It
was later found.
Walker Is not being tried on the
theory that he was an operator of
the still, but that he bad posses
sion of It, the still being found on
his premises. Officers work on
the theory that Walker was leas
ing his premises to the actual
(Continued on Page Seven.)
American Yacht Wins
Rothesay. Scotland. July 14.
(A. P.) The six-meter ya.?h-
Lanai won the third race for the
Seawanhaka cup here today. The
American challenger has won two
races to the British defender 3
one.
foreigners on the other.
The statement was made that
thero was n i basis whatever for
the published report from Toklo
that tho United Htates In reaching
an agreement with Great Britain
and Japan had agreed to Indefinite
postponement of the conference on
extra territoriality.
The view of the president as out
lined Is that the conference to be
held under the nine power treaty
should and will consider tariff
questions, extra-territorial Uy, and
all other problems covered by the
Washington agreement.
It was announced that the state
department now is In communica
tion with the various powers sig
natory In an effort to make ar
rangements for the holding of the
conference In Peking at an early
date.
en in
LIQUOR RAID
SALEM, OREGON, TUESDAY, JULY 14, 1925
BURGDUFFIS
OUSTED FROM
WARDENSH I P
Ryckman and Jones Also
Deposed In Shake-up
Following Appointment
of Finley.
The shake-up In the state game
department, which the Capital
Journal yesterday predicted would
follow the governor's appointment
of W. L. 'Finley to succeed R. W.
Price as a member of the com
mission, came before the day was
ended at a meeting held In Port
land. As a result of the shake-up,
which wnB precipitated by Finley
himself, A. B. Burghduff, state
game warden, M. L. Ryckman, su
perintendent of hatcheries, and
Otto M. Jones, director of educa
tional work, were thrown out of
their Jobs. Edgar F. Ave rill of
Pendleton was appointed to suc
ceed Burghduff. The other vacan
cies were not filled and for a time
AverlU will Berve as hatchery sup
erintendent, assisted by T. J. Craig.
Burghduff and Jones were request
ed by the commission to remain on
their jobs for three months to help
the commission In Its work and
agreed to do this. .
Sleeting Is Stormy
The changes were made in the
midst of a storm of charges and
accusations, vhlch showed that the
new commission Is going to be any
thing but harmonious. Supporting
creates a religious atmosphere
here which is harmful to our
cause. Will the court say if this
has been the practice here w:h
out exception?"
Attorney General Stewart rosj
to say:
"This Is a God-fearing commuL
ity and we ire accustomed to pray
around here. It ie tho usual thiaj
in this part of the country."
"And I would bavo you know,"
Mr. Malone broke in vehemently,
"that they are Just as God-fearing
where I come f 10m as they arr
anywhere." "I hope that l.i true," said Mr.
(Continued on Page Three)
STORES 10 CLOSE
A general exocus of local Elks
and othor residents of Salem
anticipated for Thursday, the d-iy
or the big parade in Portlan 1
which will be an outstanding
event of the national Elks conven.
tion being held there this week.
All Salem bus.wcss houses wil?
be closed Thursday In honor of the
event.
The final parade of local Elks
in uniform wns held here last
night on tho city streets and was
wntched by largo numbers of S.i
lemitefl. Approximately 40o persons from
Knlom will participate In Thurs
day's parad-;. witn hundreds moie
from this city virwing It from the
sidelines. The f'fltcm delega'ion
will be headed by the Klks bin J
and a fife and drug corps, both n
uniform. They will pnradn with
Klks from all parts of th" Piii d
State.
COOLIDGE'S CALENDAR
GROWING LONGER DAILY
Bwampscott, Maps., July 1 4
fAP) President Coolhlge Is find
ing a steadily growing calendar.
Ills reflection upon leaving Wash
ington that the cares of the presi
dential office do not permit any
extended vacation Is proving true
This afternoon Mr. Coolldge will
receive members of the executive
council who served with him dur
ing his term as governor of this
state.
renter this week the president has
engngeniMitA to receive the 0fv
minslter from Kgyfit and to en
tertain also the polish minister
of forolgn affairs who will he a
guest at luncheon. John Hays
Hammond, a close friend of the
pi SMldent, v ho Is spendtnic the sum
mor at Gloucester, near here, will
be (uest at the same time.
lyour
0)
1. 1
Curricula Board
Fails To Abolish
Duplicated Work
lortland, July 14 (AP) De
cision of tho board of higher cur
ricula affecting the future divi
sion of work at the University of
Oregon and Oregon Agricultural
college was mado public today by
Dr. C. J. Smith, chairman of the
board. It shows little drastic
change In either Institution, al-
htough numerous adjustments were
made In order to define the work.
Major demands made by the
University of Oregon In its orig
inal brief were denied by the
board, the work at the college
practically remaining the same ex
cept that pre-medical work was
eliminated In exchange for the
elimination of pre-englneerlng at
the university.
The school of commerce at tho
college remains the same as be
fore and no material change was
made In the school of business ad
ministration at the university. All
courses asked for by the college
and protested by tho university
were granted. The board's order
says:
The departments of business
administration In the University of
TEXAN ELECTED
GRAND EXALTED
RULER OF ELKS
Portland, Or., July 14. (A. P.)
William H. Alwell of Dallas.
Texas, United Sluu-s district judge
of the northern district of Texad,
was today unanimously elecleJ
grand exulted ruler of the Benevo
lent and Protective Order of Klksi
at the sixty-firs; annual reunion
of the grand lodge here. He wan
nominated by M. T. Dlvely of Dal
las, and the nom, nations were im
mediately orderew closed.
Kilcy C. Boweis of MontpePer,
Vt.f who has keen a member of
the order for 2 4 years, was elected
grand esteemed loyal knight.
Walter F. Meier of Seattle, who
is retiring as president of the
Washington State Klks associa
tion, was elected grand esteemed
lecturing knight.
Fred C. Jlubinron of Dubuque,
Iowa, wob re-elected grand secre
tary, a position be has held since
1904.
John K, Burohcf Grand IbnpltK
Mich., was electea grand treasur
er. Clyde Jennings of . Lynchburg.
Va., was elected for a five-year
term as grand trustee.
John MoW. l'ord of Shreveport,
La., was electcJ grand ini;r
guard.
Edward V. Keljy of Salt Lake
City was made grand tyle,
Chicago was selected aa the
192 convention city.
Dr. Carro'J Smith of St. LsuiR
was elected grr.na esteemed lead
ing knight.
Ilev. Dr. John Dysart of Flint.
Mich., was elected grand chaplain.
ROGUE RURAL DISTRICTS
FAVOR EVOLUTION LAW
Medford, Or., July 14. Follow
ing an address Sunday by Rev. J.
M. Johnson at the annual meeting
of the itog"e River group of the
American Sunday Ftfhool Unlm
near Trail, Or., on "iCvolutlon vs.
the Teachings o.' Geology," prac
tically everyone' prosjii publicly
oxprttiscd their opposition to the
teachings of evolution in the p.ib
lic schools and pledged support U
n I ii i I io 1 1 nir-nuiirn In (li-imiii
similar to the measure passed in
Tennessee, ricverai rural &uniiay
schols In Jackson county were r;p
resented nt the meeting.
blazesTn UMPQUANATl
FOREST UNDER CONTROL
Knaehiir.?, Or., July 14. Prac
tically all of the forest fires ie-
porUrt in v.irious parls of Douglas
counly were under control todn,
it was annopncci! this mornln;.
Of the twenty-two fires reported
yesterday on tho Umpqua national
forest, all are extinguished or un
der control with the exception cf
two. one halng located on Bla:k
creel;, n tributary of Little river
and the other on Grassy Ranch, S
milii northeast of Capillahee.
4
HSU.
iMinfvw)
. Me a
Oregon and commerce in the agri
cultural college are sufficiently
differentiated and there are no un
necessary duplications therein, us
shown by the catnloges of 1D2&
and 1926 of the two institutions,
and the request of the Oregon Ag
ricultural college of March 14th,
1925, for certain new courses sup
plementing the existing courbos Is
granted."
The name "school of music"
has been eliminated at the college
though the courses given, shown
to be self supporting, were allow
ed to remain. Conservatory of
music will probably be used In
stead, It was said, the change be
ing In accordance, with practice
where no degree 1b given. Music is
a special subject, as a major
course, leading to degrees
fiholl be confined to the university.
The department of physical edu
cation Is confined to the University
of Oregon, except that the Oregon
Agricultural college may offer phy
sical education as a service course
only to the regular courses of that
Institution, tut no' degrees shall be
(Continued on i'age Seven)
Now York. Jiilv 14 (API
Tlic Standard Oil company of New
.lorsc-y iinnoiincM an clghi hour
day, isffectlvo tomorrow, for fhf.
oil ricldn.
ou.to ui(. urst on won was
drilled In thin country In 1859, a
12 hour day had beon In offoi
CU il.
Ilrlllein, who received Jl an hour
or J 12 a day will now receive
an hour or 10 a day. Wool
handlers, who received about 83
ccntfl an hour, or (10 a day, will
receive Jl an hour or 18 a day.
Ae work In the oil fields Is car
ried on niKlit and day, tho clKht
hour day means three shifts in
stead of two. The additional shifts
will require tho employment of
500 men besides the 1400 no
employed.
John D. Rockefeller, Jr., wko
controls the company, has lone
been opposed to the 12 hour day
In any of the Interests with which
he Is connected, hut A. P. Corwln
of the Industrial relations de
partment of the company denied
that Mr. Rockefeller had sug
gested the eight hour day.
"Wo expect Mr. Rockefeller
will be pleased with this devel
opment," Mr. Corwln added.
It la presumed that other com
panies In the mid west field will
follow the action of the Standard.
JAPANESE SEEK
TOLEDO INQUIRY
Portland, Ore., July M. a re
quest for official Investigation of
the deportation of 28 Japanese
mill workers at Toledo. Oregon, by
B mob of citizens, was sent to
Oovernor Pierce today by H. oiia
mato, acting Japanese consul In
I'orlland.
The local consulate Is not In
possession of all details of the
Toledo Incident, and no action
will be tnken until tho governor's
reply Is received. When full In
formation Is received tho Portland
consul will forward the data t
Ambassador Malsudalra In Wah
Ington, I). C, where a protest, H
any, will be made.
ER
TO FIGHT SHADE
New York. July 14. (A. P.l
Mickey Walher wae ordeivfc tod:iy
by the Njw York stnto athletic
commission to fulfill his recently
signed agreement to fight D-ive
Shade here for the welterweight
tltlo.
STANDARD OIL
INAUGURATES
EIGHT HOUR DAY
Tpr1TC1 rriTTDTTiri PUMTQ ON TRAINS AND NEWS
JriULIli ItlHSbSil LHiiNlO STANDS FIVE CENTS
DARROWSAYS ADDITIONTO
COURT PRAYER FIRE FIGHTING
PREJUDICIAL
Objection To Practice of
Opening Sessions of Ev
olution Case In Prayer
Fails; Clash Heated.
Courtroom, Dayton, Tenn., July
14. (A. P.) Objections by Clur-
enco Uarrow, of defense counsjl,
to tho daily custom of prayer in
court created intense excitement
for a few minutes at the short eon-
sion of the trial of John T. Scop'w
here this morning. Judge J'jIi:j
T, Haultiton overruled the objec
tion then ordered a court recctw
until 1 o'clock th 'it he might cum-
pleto the preparation of his opin
ion on the motion of the defense
to quash the Indictment urgui'd
hero yesterday.
Soon after Judge Uanlsion
mounted (hi bench Clarence Dav
row stepped forw ird to say "I want
to protest vour Lonor, at prayer
being offered here daily In tne
presence of the jury In this cas;."
Mr. Harrow continued:
Practice Out of Place.
"I du not object to anyone pray
ing In prlVHle, but I do object to
thie court being turned into a
meeting house.
Dudley Field Malono wan J'.t
behind his coller.fruc with an in
quiry to the judgn if it had alw.iVK
been the custom to have prayer hi
court every day. "As a member
of counsel for the defuse who Jh
not an agnostic," hcenid, "I dcalr.
to add my objection to daily pray
er being offered here when It has
not been an exart'ng and unbrjlt
en custom in the pant."
"I have every respect for wu.it
Mr. Darrow believes and does not
believe," buKI the New York attor
ney, "and I wish to offer an objec
tion tus a member of defense coun
sel who is nut an agnostic.
'We have tallied things over in
our chambers nn-1 believe that the
opening with prayer l prejudicial
to the interest!; ct the defendant.
Mom of the opening prayers of
fered by minieterB so far h.ive
been largely ar;;i'nientative.
Defense Ti Harmed.
"We hold that this prae.lre
(Continued on Pnge Seven)
PAGE ELECTED
I
Portland, Or., July 14. Tbe
Oregon state association of Elks
In demion here yesterdoy accept
ed the Invitation of tho Itev,
Frederick J. JennlngA to hold the
1920 convention In Eugene.
K. M. Pnge was elected prel
dent of the association without
opposition. Other officers elected
were: David Kuratlf of Tillamook
firat vice president; Connie
(irabb of Haker, eecond vice pree
dent; William IJriggs of Aehlnnd
third vice president; Herbert Hue
terud of Marshrield. treasurer;
the Flev. Frederick J. JenningH of
Kugene, chaphiln; Gilbert ll'dg
e of Oregon City, It. Alexander
of Pendleton, and lilinin hilje
ovist of MrMitinviile, trustees.
Frank D. Cohan of Portland was
reappointed executive secretary.
2 FOREST FIRES
Mod.'nrd, July 1 4 Two more
f'irc.it fires weer reported to the
Jural forest service thin mornlnc.
I"ih ot the- nmn slate limber land,
one a ni.ill fire In the northern
p:irt of Jackson county nnd the
other a largo fire covering 100
aTfi on Scalp nmunuitn, 12 miles
north ot Mold lllll. The lalter fire
In regarded n rather seiioii. and
a large force of fire fablers has
hrf-n sent out to comlmi it.
There are now IS forest flrrs
burning In JarkMm county, but
wit h tho ex option of tho Scalp
mountain hlize, nil of ihem are
now uniW control, mul m no Is re
garded uti r rU aa.
ARE REPORTED PRINCE OF WALES
CLOUDY IN WEST
Portion tonight and Wednesday; gentle
variable winds.
Local: Max., 92; mln., 66; rnln, none,
river, -1.0; atmoa., part cloudy; wind,
southeast. .
TA
Special Election To Get
Immediate Action On
Bond Proposal To Be
Sought By Dancy.
Recommendation that the city
ot Suleui par chute two additional
pumpers for u,j by the fire de
partment wiJl bo made at the next
meeting of the city council Mon
day night, it was stated this morn.
inc by W. H. Dancy, chairman ot
tli fire and water committor of
the council. Duncy's plun Involves
a bond isuuu to finauca the pur
chase, any other method being, In
his opinion, too slow. To purchase
tho pumpers It will be neceesiry
for Dancy'a recommendation to
pass the council and be voted ut
on favorably by epeuial elcctiuu vt
tho pcuple.
Duncy also favors splitting no
force of the fire cHpartment. ThO)
bouse nov; owned by the city oa
lOast Ferry street should be put
into condition, le says, and cue
machine kept there. There should
lie another In tho northern part ct
the city and a third in South Pa
leiu. Wo can t carry any mora
equipment at tl.o city hall," 1-9
stated today. "Wc have too nuub
there now."
$30,000 Estimated Cost
Dancy entmmu-s that tho wo
pumpers, with tlu hose and other
equipment necessary to go with
them, will -ost $30,000. The
pumpers nlone will cost $13,000
each. Additional cost to the city
for maintenance will bo approxi
mately $12,000 u year. The rta
tistica are crchiblvo of whatevar
tho cost of scouring houses may
Contlnued on Page Seven)
HEAT CLAIMS 1 4
Chicago. July u (AP) While
many areas of tho country contin
ued to nwettcr under a ten a clou
heat wave, the weather man vnrlod
his offerings yesterday in a rath-'
er surprising manner with a short
fall of snow nt Tllacksburg, Va
The white shower followed a thun
der storm and Inated five minutes.
The weather freak brought no
comfort, however, to tbe parched
xummcrl.tmls of the middteweAt
and the Hocky mountain region
where thermometer were appar
ently in race to overstep the cen
tury mark. Phoenix. Ariz., a vot
ernl In temperaturo climbing agntn
led the country yesterday lit
against 104 for North Platte. Neb.,
tho middle western hiKh point.
Temperatures ranping from 90 to
100 were noted throughout the hu
mil area.
The deat toll continued to
mount, 14 additional fatal ties be
ing reported. In addition five per
sons were killed by lightning and
three were drowned. Twenty or
more were prostrated.
Storms brought imo replU
around Omaha and Sioux City.
The corn crup In Kansas was bad
ly hit and forest flrca were caus
ing apprehrnfllun In Oregon.
PLAYS FIREMAN
Kafue. Ilhorirwia. July H (AP)
The Prince of Wales played the
part of a heroic fireman today
when he anlsttd settlers In ex
tlngulshing a fire In a native wood
and grass children's house at Ka
fue Agricultural show. All of the
children weer rescued.
The blaze started during a lunch
con give nln the prlnce'e honor.
The children's house was destroy
ed In five minutes. Wale Joined le
the work of preventing the flrl
from spreading,
7
VIRGINIA TOWN
HAS SNOWSTORM