i
TUESDAY, JULY 14,
Or locals!?
By refunding to the state coelutc-
bouuses that may have been
cepted by relatives of eolUIere
who died In Lhe eervlce, depend
ent widows, fathers or mothers of
such service men may avnil thcm
nelvee of tho loan privilege under
the bfiuua and loan act, accord
ing to an opinion of Attorney
General Van Winkle yesterday.
The opinion I an interpretation
of an amendment to the act made
by the 1925 legislature.
Dance tonlte Crystal Gardens.
IfiC
Mrs. Fnnnio Widmar of Hub
hard underwent a major opera
tion at a local hospital this morn
ing. Wanted, young ladies for tele
phone operators. Experience re
quired. Apply to chief operator,
The Pac. Tel. & Tel. Co., Salem.
1G7
MrK. Ora (Jephart was brought
to a local hospital for medical
treatment Sunday. She is a resi
dent of Dallas.
Wanted, loganberries for bar
reling, highest cash price paid.
Baker, Kellcy & Macljiiughlin,
Inc., Phez bldg. phone 324. 1GG
Miss Mildred Baker, who was
in an auto accident Saturday, was
reported by hospital officials to
ho recovering rapidly today. She
was staying at the West Side camp
ground.
For rent, five room furnished
cottage with garage, at Neskowin
beach. Phono !F22. 1 GG
Miss Margery Mellinger of 7fi5
north Summer street, was oper
ated upon at one of the Salem hos
pitals today.
Gladiolus, cut flowers, floral
pieces. XJpiohu's, flfil S. Liberty,
phone 1700.
Yvonne Pirrcy, 4 year old resi
dent of Detroit, returned homo
today, after having been treated
for a minor illness at a Salem
hospital.
Phone 8G, Hunt's Meat market,
Free delivery 0 a. m., 3 p. m. 1GG
Waiter Kak of Jordan, Or., re
turned home today. He was oper
ated on at a local hospital a
month ago, and has been staying
nt the hospital inc0 that time.
Dr. Marshall, osteopath, Or bid
Mm. Charles Brewer, wife of
Dr. Brewer of Stayton, underwent
a minor operation at a local hos
pital yesterday.
Want used furniture, phone 75
Perry Wright, emplnyo of a lo
cal automobile company, has un
dergone an operation at a hospit
al in Saleri.
Dance Mellow Moon pavilion
West Snlo'ii. Wed. nite. 167'
Mrs. F. n. Croneniiller of Lake-
view, is visiting at the home of
her son, Lynn F. Croneniiller,
deputy state forester. 15 north
2 1st street. Other guests are Mr
Cronemiller'a brother. Guy D.
Cron em filer, editor of the Lake
County Kxatniner, and Mrs. Cron
emlller.
Wood, dry planer trimmings.
Fred E. Wells. 1 GG
Frank Neer of Salem has re
turned homu after on extended
trip eact.
Yes, Fred M. Mills and his or
chestra will be at Mellow Moon
pavilion Wed. nite. 167
Fred Karr, head of the Salom
Navigation company, went to
Portland this morning on bus!
ness having to do with the North
western, river steamer operated
by the company between Salem
and Portlf.nd.
What could be more enjoyable
than (lancing nt Mellow Moon
pavilion Wed. nite. 167
Qtinrlff Dnufur 'rwlfw vraa rni in it.
Ing up jurors to serve on a special
venire of 15 to sit in department
?to, l or circuit court.
Dance every Tues. Crystal Gar
dens. 16G
Harry Snyder and John Stnrr
of Portland are held at the police
itation for investigation.
Wanted Mazznrd seedling cher
ries. Pearev Bros.. 237 State St
167
The formality of electing Dr,
Norman K. Tully, pastor of the
First Presbyterian church of Ba
Hotel I li gjjAi jvgjg
Port l.i nd, Johnson S Pmlth, B
H. Kcwin. Mr and Mrs J J er
mody, I S Hops, Mr and Mrs Io
nian S Hoimlilon, P J Cottier, L L
KrotMle, Frank Itiliout, W F Fel
ler, A Bel in r, Frank Harrison,
Melor Louchner, Ben .1 Wlrfs, Fred
O Waenpr, Kdw;ird I Wemple, Bay
Jj Bilker: Kuirene, Mr and Mrs K
E Will, Mr and Mrs Robert O
Wilson. M:sa Hermoine Brady;
rVorid.in, ,I3rtih P Iegobin; St
Puiil, Kobert J Blanche te, Jlny
Pillcste. Roy Roberta; Baker. Mr
and Mrs T J Roddick and children,
Hurry L Nostnith; Grants Pa., A
H RhortiJ; Ashland. Mr and Mrs
Chris J Meyers; Berkeley, Cal.
Mr and Mr A L Fowloy and chil
dren. Paul H Insston; Frrsno, Mr
And Mrs Charles M (lilmore, Mr
antf Mrs Huch MacLoan; Los An
geles, Mr and Mrs K C Bortrani.
Mrs H CI Boborts, Mr And Mrs Or
vll 1 D Spencer, Leslie M Cole;
Lonr Beach Arthur Evans, Mr
and Mrs Arthur H Jones; Stock
ton, Mr and .Mrs C Riley; San
Francisco, Mr and Mrs 1 N K.iuff
man, J E Nail, Sidney V Gnult:
Wellington, O. Mr and Mrs W II
Colo; Cleveland. Mr and Mrs P. C
Perry; Philadelphia, Pa, Mr and I
Mrs R.ilph l Uowbrar.
1925. '
cine, Wis., to the pastorate of the
First Presbyterian church of i
lem, was passed through at a
meeting of the congregation of
the local church last night. A
committee, appointed for the pur
pose, has already sent Dr. 'fully
a call. He is well known by many
residents of Salem, having been
at one time assncJato pastor of the
First Presbyterian church of Port
land. He will take up his duties
here on September 1.
Terwllliger undertaker phn 724
The case of the state against
Dik Kelly and his wife, Myrtle
May Kelly of Turner, who are ac
cused of larceny of household
good;, has been continued by
Justice of the Peace Small. Kelly
is under $100 bail and his wife
was freed on her own recogni
zance. The complaining witness
in the case is John L-. Cummings.
Love, the jeweler, Salem.
J. A. Sholseth was fined $10 in
justice court today for speeding.
Buy your new car from "V'ick
Brothers, 18 months to pay. S?e
their ad in this issue. 1GG
An ' automobile stolen recently
from J. N. King of West Salem
was recovered last night by Ser
geant Krlwards and Officer James
of the Salem police department.
It is easy to buy cars on our IS
months plan. See our ad In this
issue. Vlek Brothers. 166
Olive Stewart, a Staytou girl
who recently ran away from
home, was found at Corvallis, eayi
a report to the Salem police.
If you want a farm or city
loan call on G. W. Lafinr at 410
Oregon bldg.
Mr. Ellen Davis was a Salem
visitor today. Her ho::ic i in In
dependence.
C. C. Coates. groceries and fresh
meats, open till 10 p. m. 1590 S.
Commercial, phone 22. 1G7
Lee Thomas, who was arrested
Sunday night on a charge of reck
less automobile driving while in
toxicated, was released on $100
hail and will appear for hearing
July 21.
The following building permits
have been issued by City Recor
der Foul sen: V. C. Balch. garage
and shed at 1902 north Fifth, to
cost $250; T. N. Rotate u, dwell
ing and service station at 1908
north Capitol, to cost $3000, and
residence nt 1925 north Capitol
to cost $1500; M. Rosecrans,
dwelling at 1502 Center street, to
cost $3500.
Wanted, expert marceller, no
other need apply. Call 1S7. ItiG
Mrs. F. Kronberg of Mt. Angel
visited in Saierr, today.
Farmers south attention. C. C.
Coates, groceries and fresh meat:
open till 10 p. m. 1590 S. Com
niercial, phone 22. 167
Ole ITovde, resident of Silvor
ton. was in Salem this morning.
Dance. Dance lonTte, BuBoIs
popular dances Crystal Gardens.
Music by Bills' orchestra from
Portland. Real music. 1C6
S. A. Hoefer of Wood burn was
in this city on private business
yesterday.
Hats blocked 75 els. 54fi State
street upstairs. 166
W. Yunker of Mill City was !n
Salem on privnto business today.
Summer streot lot, within four
blocks state house. Priced $1900
or two for $3700. Right now
Becke & Hendricks, U. S. bank
bldg. ICG
S. M. Govro, resident of Inde
pendenc3. was In this city Mon
day.
If you want a farm or city
loan call on G. W. Laflar at 410
Oregon bldg.
Mr. and Mrs. Le Roy Bseon
their daughter Eva Nell and
their son Zaun, were In Salem
yesterday. Their home is in Ger
vais. Why pay more, you can buy
two large lots high and dry south
for $150 and $25 down, balance
$10 a month are terras. Just east
of Lincoln school on south Win
ter street. Perfect protected view
and large trees. A restricted dis
trict that means modern homes.
See and compare with other lots,
Three plots left. Becke & Hend
ricks, U. S. bank bldg. 16G-
Among Salem visitors today
was Mrs. M. L. Gottenberg of Sil
verton. Apartment house couple, here's
trictly modern three room home
with furnace, fireplace, full ce
ment basement, hardwood floors,
cement walks, paved corner, ce
ment floor garage and drive, im
mediate possession and blind.
Light fixtures, linoleums, hot wa
ter heater, ran ire, screens and
awnings. Price $-2n0. Reasonable
terms. Broke & Hendricks, U. S.
bank bldg. 1GG
Vou telephone, we deliver.
Don't hesitate even if the order is
mall. Capital Drug store.
Announcement was made tod.iv
that LInyd Waltz, graduate of
Willamette university this Epnng..
has been made '-'gh school boys'
secretary of the YMCA at Spv
kane. Wash. Mr. Waltz is the sec-!
ond of this year's senior class to!
receive a YMCA appointment, the;
other being Joe Nee, who reej;v-J
ed a place on the staff at Port-I
and. Waltz was prominent In
school activities at the unlvr.-d-
ty. He was a member of the ruta'u1
glee club for several years, avJ
was prominent in dramatic work.
Picnicking at Broadrionle. free
boat at foot of Court St. 166
A hOV horn pnrlv tlil ninniln r
to Mr. and Mrs. Harold Eckstein
has beea named Haroid, Jr. Mr.
Eckstein la a farmer living nam
Salem,
Kids 10c at Broadrlpple. 166
INJUNCTION
ISSUED YEAR
AGO DISSOLVED
(Cou tinned from Page One.)
uoss of a particular rate
of rates. In such an inquiry, the
Commission may have regard to
the service done, its intrinsic costs,
or a comparison of it with other
rates, and need not consider the
total net return at all.' Dayton
Goose Creek Ry. Co. vs. U. S. 44
Sup. Ct. Hop. 109 at 173.
'The expert of the Commission
differs in his attitude upon the
questions involved with the ltail--oad
company's experts, and,
whatever might have been the
weight and value this Court would
have given to the conflicting testi
mony of these respective experts,
if ours were an original Jurisdic
tion, we helieve tho law to be
that if there is any competent
evidence touching the question to
bo solved as to the propriety or
Impropriety of a particular sched
ule of rates, upon which reason
able minds may differ, tho action
of tho Commission thereupon must
bo affirmed by tho Court.
'The feature of tho order pre
scribing maximum joint rates up
on a continuous mileage basis has
been severely denounced by plain
tiffs. The Commission s expert
testifies that such rates maintain
elsewhere. While this Is disputed
by tho experts called by the car
riers, this Court cannot convert it
self into a rate making body; but,
in spito of conflicting testimony,
must give effect to the Orders of
the Public Service Commission
when such orders aro supported
by competent testimony.
"In nassintr. wo cannot refrain
from reminding counsel that
vituperation and personal abuse,
especially when applied lo public
officials who aro apparently
striving only to do their duty, do
not meet the approval of this
Court.
"In practice. If connecting car
riers cannot agree between them
selves unon a lust participation In
the receipts from joint continuous
mlleago traffic, the Commission is
endowed with authority to adjust
audi matters. we no not feel
that we should anticipate that
plaintiffs are going to he so un
reasonable In their dealings with
each other as to tall to niako pro
vision consonant with equity ana
fnlrness to all concerned. Such a
r-ntiHuslon would mean that
plaintiffs nro not in Court with
clean hands.
"niirlntr the oral argument,
much stress was laid upon the
alleged fact that maximum joint
rates upon a continuous mileage
hnsla urn not usually applied to
Independent connecting carriers
and never through a pnumu
market. As statrd, tills is con
tested by tho Commission's ex
pert: and. as in our opinion, it in
volvcs a determination in each In-
dancn of what constitutes a prim
ary market, wherein the record Is
not at all convincing, wo Hold
Hint plaintiffs havo not overcome
tho presumption of regularlly
which attends the commission s
nrtion in this regard.
"For these reasons, an order
dismissing this cause and dis
solving the temporary Iniunction
herein has been entered.
CURRICULA BOARD
FAILS TO ABOLISH
DUPLICATED WORK
(Continued from page ne)
offered In physical education by
said Oregon Agricultural college.
Journalism as a major course
or department, ia confined to the
University of Oregon, but Oregon
Agricultural college may oner in
dustrlal Journalism aa a aervlce
course only to the regular courses
of that Institution to students ma
joring In other subjects.
The board of higher curricula
recognizes the necessity of the de
partment of household arts in tho
University of Oregon, and recom
mends the reorganization of their
present courses in household arta
at that Institution, as suggested In
an outline submitted by the board
Final decision of the work In the
school of vocational education was
deferred In view of a tentative
agreement reached by both instl
tut Inns.
Work In the school of basic arts
and sciences nt tho college wan
nettled on the basis agreed to at
the first hearing, the collego agree
Ing not to permit major work in
these departments and not to count
more than 27 credits In each to
ward graduation excepting fresh
man Htig1Lrii. It Is understood
tills will enlil no change. In the
college course.
Bled
STOCKWRIX Aim. II. K. Stock-
well died at a local hospital on
July 13 at the age of 47 yoare.
She is survived by her husband,
r. II. K. Slockwell. a son.
Donald, and tho following
brothers and sisters: Mrs. F L.
Dame, Portland, Maine; Mrs.
R. II. Stevenson, Danvill?,
Quebec: Miss Sarah (iunn.
New York city: Mrs. O. F.
Roche, Yarmouth. Maine; W T.
fJunn, IJoston, Mnw. Ilrlcf fu
neral services were held ot the
Webb funeral parlors at 3 '30
this afternoon. The body will
be shipped elsewhere for inter
ment. SIMONSON Elmer A. Slmonson
died at a locat hospital July 14
at the age of 36 years. Hfi ie
survived by his father and
mother, Mr. and Mrs. H. J. Sl
monson of Ilayvlew, Or., a
brother Andrew and two enters
Mrs. Stephens and Miss Kinma
Simonson, all of Day vies, and
a third sister. Mrs. Hans I'lag
mann of Lebanon. The holy -s
at Webb funral parlors. Fu
neral announcement later,
THE CAPITAL JOURNAL, SALEM, OREGON
Dayton Sidelights
Dayton, Teun.. July 14. (A.
P.) An enterprising western city
is seeking to make capital out of
tho Scopes evolution trial. At the
council yesterday Attorney Gen
eral Stewart received a telegram
from a chamber ov commerce aoc
retury in a city beyond the Rock
ies suggesting that the stato's
prosecutor chance me site ot t'.ie
legal conflict over evolution from
Day ton to "the gold spot of Amer
ica." The effulpent message said:
'Our magnificent climate, incom
parable scenery and a desert
which has been turned into a gar
den of the gods will he such as to
mellow tho soul ot even lawyers.
who admit nothing, deny every
thing and demend proof and (the
climate presumaUy ) will pU:e
evolution in the pipe dram c!:irs.
Our outdoor court room seats
upward of 25,000 people. R. S. V.
At an early hour today the at
torney general had not announced
uuy plans fur a change of venua.
w
Dayton was :ai(i In darkness for
several hours lost night as the re
sult of a urcak In the towu s
water main The municipal power
plant is operated hy water power
and until the break could be re
paired the scene of tho Scopes tri.il
was without lights. Tha loul
shops sold out their supplies of
candles which flickered feebly
along the chief thoroughfare .n
the wind, which Tiad sprung up
after the intense heat of the day.
The prosecution counsel Includ
ed two 11c lien zin. two Hicks and
two Bryans. lieu T. McKenzle :s
a former attorney general-of this,
the IS tk jud'cial circuit and is one
of the most widely known lawyers
n eastern Tennessee. His son, J.
Gordon McXcuzie is tho present
judge of tho Khea county court.
William Jennings Bryan Jr., la a
Los Angeles attorney.
The "iilcks boys, local prac
titioners, avo graduates of tho
University of Kentucky, of which
the defendant is also an alumnu.-..
.
In the ficrainhlo for chairs the
Land Board
Pay Interest Charge
On Delinquent Taxes
Coos county must accept taxes
without penalty. Interest and costs
on certain lands in that county on
which the state land board holds
mortgages, covering the years 1921,
1922 and 1923, according to on
opinion of tho supreme court to
day. Tho opinion, written by Chief
Justice McBrldc, grants a writ of
mandamus petitioned for by tho
land board In an original proceed
ing, and it holds as mandatory ond
not discretionary with counties an
act parsed by the 1925 legislature
authorizing the remission of the
penalties, interest and costs on
these delinquent taxes. Tho opinion
also upholds tho act as constltu
tionnl. Tho total amount of
money represented In tho case Is
not k"tvn, but it is ot state-wide
Importance, npplylng to 11 count
ies where similar conditions exist,
In the case of the state fish
commission as appellant and cross-
respondent against Sidney S. Moh
ler and others as respondents and
cross-appellants, the supreme court
in an opinion by Justice Belt, af
firms Judge Fred W. Wilson of the
lower court for Hood River coun
ty In allowing the Mohlers $7500
damages under tho eminent domain
ict after the state had built fish
propagation buildings on the land,
The area of the land Is 6.44 acres.
Other opinions today were:
State ot Oregon by state fish
commission, appellant and cross
respondent, vg Sidney S. Mohler, et
al, respondent and cross appellants
and I. Holzmnn, respondent and
cross respondent; appeal from
Hood River county; action by the
state to upproprlate 5.44 acres of
land for salmon fish culture pur
poses and right of way for road pur
poses. Opinion by Justice Belt.
Judge Fred W. Wilson affirmed
Lena Long, appellant, vs Smith
Hotel company; appeal from Mult
nomah county; suit to determine
title to furnishings In Congress ho
lei, 1'ortlnnd. Opinion by Justice
Brown. Judge George Tnzwell af
firmed. In tho matter of Scappoose
Drainage district, on appeal from
report of commissioners assessing
benefits and damages; appeal from
Columbia county. Opinion by Jus
tice Brown, Judge James A. Kak-
ln affirmed.
P. R. Sears, et al, appellants, vs
Orchards Water company; appeal
from Malheur county; objection to
cost bill of defendants based on
opinion of May 26 affirming decree
of lower court; objections over
ruled by tho court.
Kugeno 1. Waftc, et al, va Sius-
law Boom company, appealant; ap
peal from La no county. Opinion by
Jusllco Belt. Judge O. F. Skip
worth affirmed.
Agnes 1,-tngc vs St. Johns Lum
ber company, appellant; appeal
from Multnomah county; suit for
damages for personal injury. Opin
ion by Justlco Burnett. Judge Wal
ter H. Kvnns reversed.
In tho matter of tho determina
tion of the relative rights to the
waters of Willow creek and tribu
taries, a tributary of Malheur riv-
Willow river water users amo-
ciatlon, appellants, Krnery Cole, et
al, cross appellants, vs Orchards
Water company, et al; appeal from
Malheur county. Petition for re
hearing denied In opinion by Jus
tico Coshow.
State of Oregon ex rel Jack
Menney, vs Industrie! Accident com
mfsnlon. Original proceeding In
mandamus to require defendant to
obey Judgn.f-nt of original court for
Clarkamas county. Opinion by Jus
tice Coshow, Writ dun led
prosecution seems to be qualifying
as the "goat" when Attorney Gou
eral Stewart left uIb seat yesterday
to look at n document someone
appropriated bis chair In bis ab
sence. At the afternoon session
Judge Gordou McKenzle and Wal
ter C. Haggard of state counl
were left in standing room only
position. Sherlf: Harris came to
tho rescue. Tho seating prohlcn
had the general sheriff on the ria
but he was give:i full credit fjr
trying. Aftsr "0'es-in" the couit
Into action, he elled "sit down"'
when not m:re than one-third 'f
thoso -withm the sound of his
voice could sit down.
Tho Dayton postoflice is per
haps the most over-worked pla-ie
in town. Everyone here apparent
ly gets soiii? mail end some ot 3;c
leading figures i: the trial are be
ing fairly flooded with letters,
many of them special delivery.
Judge Raulston'3 mail day after
day is winning a decision in Die
Aqua hotol a'nd the offico of the
Hicks boys is being swamped with
letters for William Jennings Bry
an. Clarence Darrow and Attor
ney Stewart are nlso being given
attention. John T. Scopes, the de
fendant, has suffered a decline in
his oue-3tded correspondence.
Time was waen he was the village
champion with George W. Rappie
yea in tho runuer-up position.
Members of tho Jury are prob
ably the most comfortable persons
in the court room. They are jr
nished the best chairs in the
house. The 12 men who will do
cide tho fate of John T. Scopes
sit In swivel chairs that permit
them to lean back. This type of
chair' is essnt'al in tho regular
seating arrangements for Riia
county juries for normally the
jury is seated between the wit
ness and tho judge. When testi
money is being given the jury
men face tho w'tness with their
backs to tho judge. When his hon
or delivers his charge they swing
around facing the bench, now
however, the witness stand is in
front ot the judge facing the jury
Need Not
ADDITION TO
FIRE FIGHTING
UNITS ASKED
(Continued from rage One)
be. Dcncy believes that space
may be rented at a nominal coat.
"It may sound oxtravagaut,"'
uaid Dancy thir morning, "bjt
when you stop to figure it up it's
economy. Two per cent of the
loss sustained in that fii'e Sunday
night would liavn been enough to
pay for both of our new machines.
Fire prevention equipment is one
piaco where we can't afford to
economize too much. With, our
present equipment, it a fire
.should Btart, si-.y at Spauldin-;s
mill, with a vcr.. wind blowing.
damn go miht mount up into mil
Houh before the fire could be put
out."
More Men Needed.
Sunday night, when the Cheny
City flour mill burned to the
ground, a number of spectators
who happened tu be on hand join
ed the force and helped put part
of tho equipment into piico.
Dancy believes that tho regu'.tr
city force should be sufficient al
all times to adequately handlo the
city equipment in any emergency.
The two new pumpers would he
machines that could pump water
from any open pond or stream that
happened to he handy, or In cna
the tire were in the east end of
the city or at fume other poiut
where the pressure is low, the ma
chines could be used to pump
water through the mains. Inves
tigation das shown that evin
when the stream rrom the paper
mill pumps is added to the regu
lar stream pumptd Into the mains
by the water company, 100 pouuds
is the maximum pressure that can
be attained at tho point where the
pumps are located, which m?aris
a considerable lower pressure at
many pofntj In tho city. Suud.iv
night water was pumped from the
mill race by one of tho city's mi-
chines, the t:zq flowing past the
burning mill.
The national board of under
writers, when they surveyed the
city of Salem a year ngo, ur;cd
very strongly, Dancy declares,
that additional equipment be pur
chased with whh.h to meet a Hie
enw i gMicy. The board alo reco n
muiided that th-j force of tho lire
department hy split into at least
two. sections, lociited in different
parrs of the city.
WARRANT NOT
REQUIRED IX
LIQUOR UAH)
(Continued from raijo one)
operators of tho plant.
A humurous feature crept Into
tho trial yesterday afternoon when
the search warrant was being
scrutinized and defense counsel
asked Deputy Sheriff Ilremmer,
who signed the search warrant
and on the face of It was the
author of It, to givo a definition
of the word "curtelage" which ap
peared (n tho warrant.
Ilremmer was compelled to con
fess ignornnce of the meaning of
tho word. It developed that Ilrem
mer had submit let1 the facts to the
district attorney who drew the
warrant, using some leiral verbi
age which was over Hromnior's
head.
'The next time, if there are
any words in th? search warrant
or affidavit I sign that I don't
know the meaning of, I am going
to hit the dictionary." vowed
Rremmer after he left the stand.
DARROW SAYS
COURT PRAYER
PREJUDICIAL
(Continued from Page One.)
Stewart.
"It la."
"I am glad to know it."
Judgo Raulston broke In to say
that the court did not want to be
unreasonably to auyoue, "but I be
lieve I nave tho right. I am re
sponsible for the conduct of the
cdurt. It has been my custom
sinco I have beer, judge to have
prayer in court I think thero
is no reason why I should not fal
low this custom. So I will over
rule the objection."
Exception Explained
Mr. Darrow, in making his ex
ception, said that he understood
from tho court himself that he
sometimes opened the court with
prayer and sometimes did not.
"We took no position on the
first day, hut seeing this Is per
sisted in every session, and the
nature of this case being one
where it is claimed by the state
counsel that thero is a conflict be-
ween science and religion above
all other case3 there should bo no
part taken outside of the evidence
in this caso and no attempt by
means of prayer or in any manner
influencing the deliberations and
consideration of the jury of the
facts in this case. -
'For that reason we object to
the opening of tire services with
pray or nnd I am going to ask the
reporters to take down tho prayer
and make specific objections again
to any such parts as we think are
especially obnoxious to our case."
B. F. McKenzle suggested that
tho matter had been passed on by
the supreme court.
State s Position Stated
Attorney General A. T. Stewart
followed with an announcement
that he would place the Htatc's
position In tho record.
"The state makes no conten
tion," he said. "As stated hy
counsel that this Is a conflict be
tween science and religion insofar
as the merits are concerned. It is
a case involving the fact as to
whether or not n school teacher
has taught a dortrino prohibited
by statute and we, for tho state,
think it i3 proper to open this
court with prayer if tho court sees
fit io it and such an idea extended
by the agnostic counsel for the
defense is foreign to tho thoughts
and ideas of the people who do not
know anything about Infidelity
and caro less."
Arthur G. Hays, noted nn ex
ception to the statement "agnos
tic counsel" which brought Dud
ley Field Malone to the floor that
ho respected his colleague's right
to believe or not as long as he
was as honest in his unbelief as
tho speaker was In his belief.
Sneaking of prayers In court, Mr.
Malono said:
Preiudice Involved
"They help to increase tho
atmosphere Jtt hostility to our
point of view which already ex
ists in this community hy wide
spread propaganda."
After the discussion had been In
BE CAREFUL
Automobiles driven by 1. N.
Howe, 118i D street, aud John F.
Kerr ot Portland collided at Fair
grounds road and North Capitol
street.
A small boy named Kwtng re
ceived a cut on his anklo and
lacerations on head and arms
when he was run over hy an auto
mobile driven by Gertrudo Cher
rington, 642 North Liberty, at
High and Center streets. The
hoy Is said to have run In front
of the car. II is Injuries are not
serious.
Cars driven by Archie Little of
Brooks and H. II. Creasy of West
Salem collided at Front and Fer
ry without much damage.
An automobile driven hy Kdwln
Furrer, routo 4, and a truck driv
en by C. V.'. Ingalls of Independ
ence collided at Commercial and
Chemeketa.
Cars driven by Nick Pasco of
Portland and Fred Vonderlohbo ot
Los Angeles clashed at Com
mercial and Court,
M. R. Rest, route 2. reports a
collision with II. L. Anderson on
tho Marion-Polk county bridge.
William L. O'Neill, GG0 Gaines
Hlre.et, collided with an unidenti
fied car at Highland and Fair
ground mad.
Never 1ms there been
bo absorbingly human
a drama put on the
screen!
D. W. Griffith
Production
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WOODRY
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full tilt for soma minutes, Judge
Raulston suggested, "gentlemen,
do not turn this into an argument."
"This statute says no doctrine
shall be taught which is contrary
to the divine account contained in
the Bible," persisted Darrow, "So
there Is no question about relig
ious character of these proceed
ings." "This court has no purpose ex
cept to find the truth and do Jus
tlco to all the issues involved In
this case,1' said Judge Raudston,
closing the discussion.
"In answer to counsel for the
defendant, as to my custom, I
will say, the several years I have
been on the bench I have used my
discretion In opening tho court
with prayer. s
Court Defends Stand
"At times when thero was a
minister present and it was con
venient to do so and 'other times
when thero was no minister pres
ent and no largo assemblage of
people I have always followed this
custom but I think It is a matter
wholly within the discretion of
the court.
'I have instructcd tho ministers
who havo been invited to my
rostrum to open the court with
prayer to mako no reference to
tho Issues involved In this case,
r see nothing that might Influence
the court or the Jury as to the
issues. I believe in prayer my
self; I constantly invoke divine
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Sick Are Healed: In Soul; In Body
i Subject Tonight: "The Seven Locks that 5
PAGE SEVEN
guidance myself when J. am on the
oench and ore the bench. I see no
reason why I should not continue
to do that. It is not the purpose
of this court to bias or prejudice '
the mind of any individual but to
do right In all matters under In
vestigation. Therefore I am
pleased to overrule the objection
ot counsel and invite Dr. Stribling
to open the court with prayer."
The minister s prayer occupied
less than two minutes.
Judge Raulston told Mr.. Dar
row that he would have the record
show his motion made and over
ruled every morning,
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