Capital journal. (Salem, Or.) 1919-1980, July 15, 1925, Image 1

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Capital journal., July 15, 1925, Image 1

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Newspaper Page TextANTS EVOLUTION LAW UPHELD 1. CIRCULATION Dally average net pata circulation tor month ending June 30, 1926 FAIR AND WARMER your Tonight and Thursday, northeast winds. Gentle north to 6729 Tjocal: Max., 8B; niln., RB; rain, none, river, -1.0; atmos., clear: wind, north west. Averago dally distribution 7089. Member Audit Bureau of Circulations. FORTY-SEVENTH YEAR No. 167 SALEM, OREGON, WEDNESDAY, JULY 15, 1925 DPTPT? TTIRTTT? PTTMTQ ON TRAINS AND NEWS rLL(jtU ItllVlljJli OJCilNlO STANDS KIVE CENTS cm moitauiB SL rvi M 4 0 4 ND1CTMENT OF SCOPES IS Motion To Quash Denied, Court In Effect Holding Tennessee Evolution Law Constitutional. Courtroom, Dnyton, Teun., July 15. iA.P.) Judge John T. Kaul ston today denied the defense's motion to quash the indictment against John T. Scopes. The jud ge's decision upheld the constitu tionality of the Tennessee anti evolution taw. The motion to quash was made Monday and the day was spent in argument. . Jud ltaulton was nc cupied all of ' yesterday in writing bis position which was volunvn ous. The decision took up cacn contention of the defense and rui ed that the defendant would fje required to plead iurther. Authorities Cited After the judge read the grounds on which the defence sought to quash the indictment, he discussed the authorities cncU. Discussing the alleged discrep ancy between the caption of tho act and the body of the bill itself, he said: "The general title to the act Is one which ie broad and compre hensive and cover all legislation germane to the general subject stated. The title may cover more than the body, but It -must Lot cover les. It need not index the details of the act. nor give a synop bIb thereof." In this particular case, he said, the cuption of the act provide J that purpose of the act Is to pro hibit the teaching of evolutlona-y (Continued on Page Four) Word was received here late last night that Leroy Brown, 40, son of Mr. and Mrs. Charles E.. Brown, 490 N. 21t street, lineman for the Portland Electric Power company In Portland, was Instantly killed yesterday when he came In con tact with a 2300 volt wire while working on a crossarm on the top of a pole at Seventy-sixth street and Foster Road. Ho was alone on top of the pole at the time. Work men below saw him fall over. Brown was born and raised in Marlon county and lived In Salem until his marriage ten years ago when he and his wife moved to' Portland. Mrs. Brown was Mtsfl Belle Niles and is the daughter of Mrs. Ida L. NMes and the sister of Miss Gussle Niles and Glenn Niles, all of Salem. Surviving also are two daughters, eight and ten years of age. Funeral arrangements have not been made. I Bible Must Be Kept In Ovwn Field, Basis Of Scopes' Defense .Courtroom, Dayton, Tenn., July 15 (Hy Associated Pre.v) The "broad purpose" of defense counsel for John Thomas Scopes wIlL be to prove that the bible Is a work of religion which must be kept In the field of theology and not al lowed to obtrude Into the scien tific field, Dudley Field Malone told the court late today In out lining the course to be pursued in the trial. "The narrow purpose" of thc defense wll Ibe to prove Scopes Innocent of any violation of the Tenenwee anti-evolution teaching trttute. Mr. Miilone, making the opening statement of the defense, opened his remarks with the declaration that the "defense believes that 'God Is a spirit and they that wor ship him must worship him In plrlt and In truth.' ' i -j-j" f In "Ap. 3 Trial r til Im One of the prosecuting attorneys in the evolution trial of Prof. John T. Scopes Is B. G. McKenzie (above) formerly attorney general of the fourth district. F OF BABE SHE LEFT San Francisco, July 15. A mother will go before the state dls trict court of appeals today plead ing for the recovery of her baby which she contends was taken from her by another woman while she was penmlcrs and deserted. A deputy sheriff and attorneys for Mrs. Frank G. Umbel, Kansns City club woman, met Mrs. Jewtill Jerome at the door of her horn here yesterday mid took her baby, Betty Jerome, on n writ of hab?as corpus ifsued out of the state d is trict court of nppeals. The moth' er and baby had just returned from the beach. Today the baby approached the high court in custody of an at tendant of the juvenile detention home whei-ii tho child waa held during the night. The court must decide whetner the guardianship papers Issued out of a Kansas court have erased the natural mothers claim to the child and given her into the legal ownership of Mrs. Grubel, who obtained guardianship papers some years ago. - Mrs. Jerome said Mrs. Grubel had possession of the baby soon after the child was born because the deserted mother had no funds with which to care for the lnfai:t. When she attempted to get control of the child. Mrs. Grubel showed guardianship papers, by which she had obtnined legal possession of the child. The natural mother, Mrs. Jerome then kidnaped the In fant and cams to California. "The defendant, John T. Scopes has been Indicted for Alleged vio lation of an act passed by the Tenncwee legislature which pro hibits the teaching of the evolu tion theory In all the universities, normal schools and public schools of Tennessee, which may be sup ported in whole or In part by the public school funds of the state," he said. Malone then read the first sec tion of the art making It unlaw ful to teach In state srhools "any theory that denies tho story of di vine creation of man as taught in the bible, and to teach Instead that man descended from lower order of animals. " After reading the second section providing a penalty of not less than $100 nor more than $500 for each violation of the net, he de- 1 I 1 I" i ei iConUttucd on Page Five) SCOPES TRIAL AGAIN OPENED WITH PRAYER Defense Protest Fails To Alter Court Attitude ; Can't Hurt And Might Help, Says Judge. Courtroom, Dayton, Teun., July 15 (By the Associated Press) The state rested Its case against John Thomas Scopes at 4 o'clock this afternoon after testimony of four witnesses had been heard. The witnesses presented testimony to the effect that Scopes had taught them a theory of evolution as expounded In the official text book of the state and that he had Admitted he could not teach this book without violating the anti- evolution teaching statute. Courtroom, Dayton, Tonn., July 15 (By Associated Press) The Rev. Charlee Francis Potter, pastor of the West Side Unitarian church, New York, today opened the John T. Scopes trial with prayer. Dr. Potter was called to tho platform by the court after President Strlb- llng of the Dayton pastors' associa tion had announced the name of tho visiting minister as the choice of the association. Judge Raulston yestorday an nounced that he would ask the Dayton pastors' association to nom Inate a minister to make the open ing prayer each day. This follow ed a protest from the defense at the custom of having a daily pray er. Objection Again Voiced Just after the brief prayer John R. Ncal of defense counsel gained the floor to make his attitude clear on the question of prayer in court. He objected, he said, to any re ligious atmosphere in the court room during trial of the case. Judge Raulston said he had no regard for denominational lines in selecting ministers for the morn- (Continued on Page Four) OF DRAINAGE HEADS Proxies are now being dlstrihut ed for voting at the election of di rectors for the new drainage 1b- trtct at the first district meeting to be held Saturday, July 25, at o clock at the Richmond school house. Voting will b ji the hnl nf the acre as a unit for one vote, and as a result whero people own a fraction of an acre, It Is neces sary for them to sign up with seme other fra;ti:ial acre owne. to make up a fall acre for voting purposes. Thin may be done by th- use of the proxy blanks, It is explained. If It Is not done, then owners of fractional acres will lose their vote on such fractional portions. TOWN MARSHAL KILLS DISTURBER OF PEACE Aberdeen, Wash., July 15 El- kanah Crisp, 34, garage mechanic, of Elma was shot and killed early this morning nt McClenry by Night Marshal Fred Lomax. Lo rn ax- says Crisp and William Bridges, 32, a companion, were dis turblng the peace when he attempt o dto quiet them. Crisp struck at him and reached for a hip pocket. Lomax then drew his gun and shot the man, ho declares. Bridges 1 under arrest at the county jail. KLAN RIOT INVESTIGATED Lelcester, Masq.. Julv IV (A. the P.) Police fnvesthrnllhn into riot between klannmon and n klan sympathizers Inst nltrht nil- was .'MIX expected today. Many pei were'brulsed by flying nib-s ilc. automobiles were dumiM'l ft nl two persons whoso identity not been learned, wrre rend unconscious. The "orcuirence the first display of hostility h.-d "i-l w ns to- wards the organization hero. More Leg and Less Neck In Fall Styles Now York, July 15. (A.P.) More leg and lens neck will be on vlaw next fall if the conception of autumn modes for women pre vails as revealed at the showing of the national garment retailers' association. Skirts 15 or 16 Inches off the floor were not unusual at a show ing last night at the botol Astor while collar were invariably high. For tailored, dresses there were vests that buttoned high at the neck. Sleeves on dresses were rather long and tight or long and flov ing, but always long1. The waist long was suggested more definitely than In recent sa sone LAVA CAVES ARE E Klamath Falls, Ore., July 15. Sheriff John C. Sharp, of Mo'.Ir.c county, California, and Constable Garry Cozad of Klamath Falls left here at daybreak this morning for a rendezvous near Dunsmuir, Cal., where, according to the latest re port, the Bradsbaw sisters are in hiding. Enroute to-Dunsmuir the two peace officers planned to stop it Alturns, Cal., and apprehend the man who is alleged to have trans ported the girls shecphcrders acrofls the Crlifornln state line. Thie latest lead In the myster ious disappearance of the two gi.'ls came as the result of a letter re ceived by the Klamath Falls con stable from some Dunsmuir rod dent, In which it was declared fan girls had been seen near Duns muir. The letter Is also said to have revealed the name of the man who went to tha lonely lava bed sheep camp an-; aided them In their escape The officers expect ed to have the girls In custody by tonight. Klamath Kails, July 15 While county authorities are running down vague rumors and Innumer able clues, a determined group of trappers, sheep herders and ranch' era left at daybreak to searrh hid den caverns and caves In the Bun swept lava bed country in an cf fort to find some trace of Junle and Esther Bradshow, aged 14 and 1 2, who disappeared eight days ago under mysterious clrcum- Htances. The little girls had been herding a large flock of sheep for their father, A. W. Bradshaw. Their tent was pitched on a desolate sheep range near the south end of the now drled-up Tule lake. There was no habitation for miles around only sagebrush and lava rock, coyotes and rattlesnakes. Broken-hearted their father re ported, because he could not bring them to Klamath Kails for the Fourth of Jul: celebration, the girls dropped from sight. No trace of them has been found, although peace officers of two states have been making a frantic effort to find some trace of them. A shallow well In the lava bed country was found to have been caved In the day after the girls dis appearance. The well had been filled In by human agency. Ranch ers and sheep herders cleaned out tl.e well yesterday In the belief that the girls might have been murdered and thrown Into It. But no trace of them was found. An experienced trapper late yes terday afternoon found the foot print of a large man leading from the little camp directly back Into the dangerous caves a half mile to the rear, and It is these footprints that the posse of lava bed settlers is following out today on the chance that they might lead to some ghastly crime. A shcepherder of that section re ported late yesterday that he hnd heard one of the girls screaming the night of their disappearance. The following morning they were Kone, and their food supply hnd not Ijfen touched. W. S. MMHIfllTlFiJiif) v Purls. July Jf. (AP) Premier Pntnteve ha accepted In principle the offer of American avlitois who 'ought In the French foreign legion during the world war to serve In the French Moroccan air fiiod j n gainst Abd-ol-Krlm, LINEN MILL HERE 10 HAVE mm Bartrum Outlines Size of Plant and Tells Plan Proposed For Harvest v of Valley Flax. Rickrcall, Or., July 15 (Special) Flax farmers and business men on the big Polk county flax dem onstration tour, were told here to day by Col. W. B. Bartrum, flax export, that the proposed linen mill for Salem will take annually 8000 acres of flax to furnish sufficient fibre to keep the mill run ning, lie declared that the new spinning and weaving mill will have approximately 4480 spindles and 200 looms, that It Is anticipated the mill will handle 20,000 yarde of linen each week with a surplus of flax yarns on one eight hour shift. About 75 farmers accompanied Colonel Bartrum on an Inspection tour of numerous flax fields fn the vicinity of Hickrcall. After an exhaustive examination of the products found the general con clusions reached were as follows: First, most of the flax examined was not planted sufficiently early In the season to assure the beat results. Next year growers ex pect to plant their flax several weeks earlier. Second, from 30 to 50 per cent of the flax grown In Marion and Polk counties is Is commercial fiber. In other words It Is 30 inches or more In length. "You can form some idea of the opportunity this Industry offers," he said, "when I tell you that for the first five months of this year the total exports of linen goods from the United Kingdom to alt countries of the world reached 43.6t7.S00 yards and of thin amount the United States Imported 24,853,800 yards. It would take 60 mills of the capacity we are go ing to bultd at Salem to take care of these imports. When you real ize that only about 6000 aeres of fiber flax are grown throughout the United States today, It does not take much vision or lmaglna- (Contlnue.I on Page Six) LIVELY BALL IS TO BE RETAINED New York, Jii.y 15 (A.P.) The Nmlonul league maKiiutcn In executive Benslon today elected to continue t!io of tho prenent ,n.iw.ll.! Ifvnlv ImRphnll fhm'iite tho cpicbmlc of ,omc run hitting wulcu tins uccn ruging i" me " a Jor league. Tne lively bccebnU waa the major subject of tho dlacuaoion at the resmtr mll-umrner nioot inu In the offices of rrnaldont .John A. Jleyiller. Kvcry club wl.h tho exception of Philadelphia was represented. The decision to retain the prei nt ball was rer.ciied after Ilarol'i . Falea of Columbia University 1.-... ..nrwl an evhmiHtlvA roiiort bacd on Ma chemical nnalyl cf the hall. Julian turiis, pr'Kineni of A. O. Spauliilnr; company, which manufacturers the present ball, U)ld t':e magnates that the ball waB '.hi! same as the one M.hlnti tvoa III lie. Iinfnrp 1fli4. with the exception that A hotter grade of yi'.in Is uped in tne prcB .nt ball. .111 -.fni-hon, J July 1 , United tp.-i !N:r!ot Judge John 8. Pat f"h!': h-Hi'lM down a derision ' h r- p"i .-.liMIitor tho suppression of 'viil- p- f; In f.'oyy rnse where an "unrlT ci.vr" prohibition agent hm usM i ri'tlil'Mi'i nnme In sign ing u soiich winrniit iiKiilnnt a ! er. ,fi.ro than one thniw.nwl II Iu t I'ftBcs here are affected. WARRANTS UYJ Growth of Salem Schools Reveals Population Gains Report outlining the changes that have occurred In the Salem public school system during his five year period as school superin tendent was made by George W. Hug to the Sulein school "board at Its meeting last night, together with estimates of what can be ex pected within the next 5 years. The population of the city has increas-, ed from 17,679 in 1920 to 22,894 in 1025, the report shows, and may be expected at the same rate to In crease to approximately 30,000 by 1930. Tho increase would Involve a raise In enrollment to 1400 or 1500 In senior high school, the same number fn junior high school and between 3000 and 2800 In the grades. Kxact Increases In enroll ment between the years 1920 and' Th0 case of the state agai.if-.t John Andrews, Henry Johnson and Lester Dickson went to the Jury about 11:30 o'clock this furenujii. About 1:30 this ;ifternoon the jury was escorted by n bailiff to luuca eon and hud not yet reported a verdict at 2:3 0 o'clock. The defendants, John Andrews, Henry Jobnson and Lester Dick son, set up the defense that they were three fishermen who bad happened on the Joseph Walker place on the day of their arrest, engaged In a piscatorial expedi tion. To confirm their story they cited the fact that there was a fishing reel and some lines In one of the grips found on the place, which wac claimed as the property of defendant Johnson. Hut few things were found In the grips and the defendants further used this fact that show that they were not engaged In making moonshine at the place as tbey were not even equipped with a change of clothing or underwear. According to their story one (Continued on Page Six) SAYS REQUESTS OE Portland, Or., July IB. ( AP) Commenting today on tho rul ing given out yesterday by the board of higher curricula on the division of courses between the University of Oregon and Oregon Agricultural college. Dr. C. J. Smith, chairman of the board. Raid that the major complaints of the university against the couis es of the college were denied, but that the demands of the universi ty In regards to Its; own court es wore allowed. "The board heard the requests of each Institution regarding its courne and allowed those nvid? by the university for defining lit own ro.irses. The board rejected complaints concerning overlap ping coursfe at the college." $872,603 JUDGMENT RENDERED JIT MEDFORD Modford, Or., July 15. A Judr? ment for I872.G0.1.H was hand ed down Tuesday by Circuit Judge C. M. Thomas In the suit of th Welch Investment company of Spokane and J. W. Stewart against the Rogue River Valley Canal company. It is the lnrgest sum ever involved In Jackson county litigation. Tho action le not as stupend ous as It sounds, however, as the lltiganta are sisler concerns and the milt was filed to clear tin rccorrtfl, and pnve the way and re move legal obstacles, of a tech nical nature, In the merging of both Into the Mount Pitt Irrlga tlon company, now the official nnme of the Irrigation company, 1925 was shown in the report as follows: Senior high school, 711 to 1090; Junior high school (both buildings) 902 to 112G; grade school (all buildings) 19S4 to 2442. The in crease represents a raise of 53.3 per cent in high school enrollment 24.8 per cent In Junior high, and 23 per cent in the grades. Statistics are given showing a detailed report of the cost of Indi vidual Instruction In each depart ment in high school. The figures show that i er pupil instruction In shop and drawing costs the most, the price being $42.16 per pupil, and physical education costs the least, (4.18 per pupil. Each pupil is Instructed for some two and a Continued on Page Six) TO OLD IRONIES Portland, Ore., July 15. (A. I1.) , Tho Bunuvo!ui:t and Protective Orcder of iilka grand lodge In session hero uduy in the sixty firiit annual reunion, decided to get be hind a movement to raise a fun J for recondi'.ioulv.g the historic iri- gatu CoutUilutltm and agreed to cooperate with the navy depui t ment In promoting "Old Ironside'' week In the pillic schools Octohor 19 to 24. A resolution offered by Jam It. Nicholson of Iloston, past gr ind exalted ruler, pledging the order;; support In the movement was adopted. Judgs William Hawley At well of DaJlas, Texas, newly elected grand exalted ruler, w'll lellver a radio aadress on "Old Ironsides" from the station WKAF it New York October 15, Nichol son announced. Closer cooperation of state 3- sociattons of tho order, participa tion of sulw'diary lodges In a Ci' inlto program of activity, and for mation of speakers bureaus f-jr Flag Day exorcist k throughout the country were urged in a repor. by Dr. Howard H. Kirkland nf Sail Luis OMspo, Cal., lodge, and a 1 op ted. Chaugce In grand lodges stat utes, were considered today, inciu.l iug one providing that a plurality only phortd he necesary to elect an officer of any lodge, Instead of a majority an heretofore. In tho memorial services held this morning Past Grand Exalted Killer Raymond Benjamin naid tributes to Robert W. Brown, grand exi'.Ited ruler of the ord"r In 1905, who died last November In San Diego. COURT FAILS TO AC! ON PROTEST The locution of the St. Paul hlh way was under consideration of the county court at a session today, but no decision was reached, ac cording to County JikIko J. T. Hunt. A paving project Is Involv ed and a protest has come up from C. A. !-py and other citizens of Wondburn against the location of the road from St. Louis north to St. Paul, as designated In tho county market road program. They con tend that tho location should In stead bo a road east of tho river road mooting the paved highway from Woodlnirn to St. Paul, con tending that this would require only four miles of paving, while tho other would requite eight mile. Also they contend It would serve tnoro people. WOMANlittsTOBBER WHO SHOT HUSBAND St, ('atlim ines, Ont., July 15 ( A.P. ) Going t , her hiisba.n!V aid after ho b:id been shot In a holdup In the St Davds' bank nf which he wag manager, Mrs. Rog ers shot the robber, who died in a hospital here today. Rogers sliKhtlr wounded. SEAT ON FISH COMMISSION HELD VACANT Senator Garland Is Also Disqualified, Opinion of Van Winkle; Board's Acts In Question. Slate So unto Heals of TJIIuiuojX cannot legally aL as a member if, the stale fish commission, a iosi tion to which he was appointed by Governor Pierce several weeks ,igo to succeed 1(. P. Kendall of Port land. This interpretation of twj sections of the constitution waa given duwu in an opinion by At torney Ueueral Van Winkle toJay iu reply to an Inquiry by Secretaiy of State Kozcr. Though the etutue of State Sen- atur S, M. Garland of Lebanon, who wac appointed at the dame time to succeed John C. Veutcii, was not a .tuealiua before the at torney general, he also was illeg ally appointed fot the same cons:!--tuliomil reasons. Garland wad sworn In oe a member of the coin mission yesterday. Action Are Void The opinion rentiers void all ac tions of the commission sincd UeaU bccur.e a member In which, his voto was necessary fur a ma jority, alco all cln'mt against tho stale which dcpuulcd on bis vote. It is understood that Senator Heals will eltct to serve on the fidh commission and t- do so will re sign as etute senator. This will not legalize actions of the com mission up to this time in whic.'i his vote was nectesnry for a ma jority. Senator Garland, wn;n queried by telephone today, stuc-i that he will heer his senate peat and give P his post on the fish commission. "I am very grad the attonev general haa so ruled, said Senator Garland. "Hm opinion relieve! me of a great retij onslhlllty that 1 (Continued on Page Six ST Washington, July 15 Secretary Jardlno has postponed his plant for an Immediate return to Wash ington and has gone to Wisconsin for a rest. Although his general health la not considered to be Impaired, th from an attack of Indigestion suf fered during his recent six week secret nry has not fully recovered! tour of the west. Kor several years the secretary hiifl been the victim of a digestive disorder and at times haa been foro ed practically to live on a diet of milk. The strain of travel and htfl vigorous activities Including fenta of horsemanship during his trip, taxed his strength. Ills associates believe that after a brief rest he will be prepared to resume his de partmental dutle. Tho secretary expects to go to Swampscott soon to dlcus tho agricultural situa tion with President Coolldge. SCALED AT LAST Conlovn, Aliwka, July IB. (A. P.) Three men ot the party of hIx mount'iin cliinopra who seated Mount ligjin, whofo peak, towor inir Hl.nriO feet 111 tlio nir, had horeloforo ilnfieil aRcenalon, iiav returned to l.'oniova. The others havo not returned, hut are sup posed to ho dri'Unir down th9 Chlllna rtver on n raft. II. F. I.nihert of Ottawn, mo of those returning, tn In a hospital with frozen feel. The two othon aro Norman It. Heid of Boston and Andrew Taylor, packer of Mc Carthy. Tiiey drifted down tin ( hitlna rlvr on raft, the partj dividing nd bulldln two rafti for the descent after the rivor wa( rcarhed.