ANTS
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
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4
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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.