Capital journal. (Salem, Or.) 1919-1980, July 15, 1925, Image 4

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Capital journal., July 15, 1925, Image 4

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Newspaper Page TextPAGE FOUR CapitaUlJoiirnal Salem, Oregon An Independent Newspaper Published Every Afternoon Except Sunday at 136 B. Commercial Street. Telephone 81; News 83 GEORGE PUTNAM, Entered as second claaa mall matter at Salem, Oregon SUBSCRIPTION RATES By carrier 10 cents a week, 45 centa a month. IS a year In advance. By mall, in Marlon and Polk counlle, one month 50 centa, 8 months 11.25, 6 months J2.25, 1 year $4.00. EUewliers 60 cents a month, $5 a year In advance. VVhh I.KASKD tt'IKK ASSOCIATED I'llKSS SICKVICB TJie Associated I'rc.is Is exclusively entitled to the uso for publica tion of all news dispatches credited to It or not othorwiso credited in this paper and also local news published heroin. "Without or with offense to friends or foes I sketch your world exactly as it goes." riynoN'. Nullification The courts are nullifying, one by one, the inherent rights of the individual as set forth in the Bill of Rights and its demolition seems only a question of time, Volsteadism and the expansion of government by snoopers. There is no longer any guarantee against invasion of one's premises or "castle," no guarantee of the sanctity of private property, no guarantee of the rights of speedy trial, no guarantee of rights reserved to the individual states. The search, seizure and warrant articles of the Constitu tion are not the only ones the courts have nullified. We have right of trial by jury denied in certain instances; we have double and triple jeopardy for the same offense; we have deprivation of liberty and property without due process of law; we have excessive bail, -excessive imprisonment and excessive fines; we padlock and we destroy in violation of the bill of attainer clause and we deny recompense for illegally seized property. If a court by chance upholds the constitution, a rehearing is speedily had, the court sees the light and obligingly reverses itself, as recently happened in the Oregon supreme court in the McDaniels case. Last January, in a majority opinion written by Justice Pipes, the court held: An officer has the authority to search the person of a ln:in when he holds a search warrant issued to him hy a magistrate- or he may search a man who is in ills custody hy virtue of a leital arrest to answer some criminal chiirso peudinp, or in contemplation It Is admitted hero that the oil'icers had no search warrant. It the search was lc-sal, it must officers to search the prisoner in their leKal custody to answer for BOine crime. If It does not como within that rule, then it comes within tile prohibition of tho constitution against Illegal searches. And six months later we have a majority opinion in the same case, written by Justice Belt, which reverses the former opinion, holding It Is Immaterial whether tho arrost preceded or followed the search if such acts were practically simultaneous, and if, in fact, tho defendant was guilty of committing a crime in tho presence, of the ol fleers for which ha mlKht have been arrested. In many Instances it is dnnKcrous (or an officer to go through the formality of stating that the accused is under arrest, and the law does not require him to du so. It Is often times safer to act first and talk afterward. The Pipes opinion held that the fact that a deputy sheriff "smellcd whiskey on the defendant's breath; that his overcoat was buttoned awry; that his face was flushed, was not evidence that the man had liquor in his possession," they (the officers) were willing to arrest tho defendant to answer for the crime of having liquor in his possession when they could produce no evidence to support it. The Belt opinion holds "tho sense of smell often more unerring than the sense of sight" and that flushed face and wrongly buttoned overcoat were evidences of intoxication and justified search without a warrant and such search on suspicion and seizure without warrant legal and evidence obtained thereby admissible. If there remain any vestiges of those fundamentals of freedom guaranteed in the Kill of liights, we can be certain some complaisant court will nullify them, even if the court has to reverse itself to do so, or it becomes necessary to change facts to fit argument. One Wife on Approval g Hy Violet Dare g A DIX'IKIVE STi:r Noel Onrdncr called for Cynthia promptly nt ton oVlock the noxt morning. She had spent a wakeful nlKht, too much worried over her huflhnnd'fl actions to Bleep. It Aoeined no queer that Jim ah on Id go uff on a long trip without even asking hcT to go with him. "Of course, when he left here ho didn't know that he wan going to Honolulu," he reminded her self. But she couldn't help re membpring. also, that there hnd been plenty of time for her to Join him If he wanted her to. And he hnd a.-ild that his trip would ho InnKthnied by the fact that he wan to iiivoHtiK-ite immo of the proper tins In which hit mother Invented whon her heaviest Investment! hnd been ninilu rinhl there In town! "p' not playing fair with me," aha told herself over and ovor ngaln. "And If our marrlod life doe.m't go smoothly now, what hope Is there for tho futurti?" Sho uatf glad to seo Noel (lard nor In tho morning; glad to g out with him Into the morning fhh nhtue and be driven thrniiKh the plriLsnnt, nunny rtrcctn In hln rak ish rond-der. "I on trlit to toll you the truth about thla apartment I'm taking you to rc. I suppowo," he remark ed. "It la one which my wife and I took JiimI aftor we wero married, but we nover lived In It. She wiusi tnkon sick shortly after our mnr- riage hnd a bad caso of Influem that dovcloped Into pneumonia- caught cold on our honeymoon, and It nearly turned out fatally We hid been home only a few days when sho was taken sick, nnd n we were having troublo getting or vantn. sha went to her mother's. "When sht, was well again, she enrno homo fur a short time, and then something happened thingH didn't go quite smoothly and she went home again, and shortly after that went nbroai with her parents, and hann't been back since. I kept the apartment, believing that she would come hack to me to It, that Isbut she divorced me Just recent iy In Paris, and of course there's no need to keep a home here any longer." "Oh, I'm bo sorry!" exclaimed Cynthia, flhe looked up at him sympathetically. He was mo good I Editor and Publisher conic within tho authority of the looKing, so nice now could any womnn treat him so! Well, Ceci Malcolm had said that tho gilTn parents had objected to him but his wife. If she cared enough for him to marry him, cortainly nhould have stuck to him, she told herself. "I'd be awfully glad to have you have the little plnce." he went on, "I've spent a good deal of time In It, and really It's a very pleasant apartment, nut tell mo If I'm not too Impertinent In asking why are you giving up your house?" "Oh, It'a too hlg for me to stay in nlnne, and Jim expects to be away for some time," who answered trying to 8peak rasu.illy, as if her husband's ulwonco did not matter. "I'm really rather lout in a big iinu.se, even when ho in home t bore's no much nvponnibllfty about managing It, you know; I'm not nccustomod to looking after thlnuH. and even with good srrvantH it's difficult." "Yon, of course," he replied. Sh molted at hi in unicKly; there va a hint of something more than mere politeness in his voice, it eemed to her. Hut his face was grave; to all Intern nnd purpose ho wn merely watchini; the road, more Intent on thro-tiling his way through the truffle than on what .dip was saying. Nhe exclaimed delightedly ns he unlocked the door of tho apartment a few moments later, and stepped aside to let her enter. It was beau tifully furnished, evor tiling being well selected nnd effectively plac ed. There- were many books about, the chairs were wide and com fortable looking, the few pictures exceptionally good. There was a hall, a largo living room with an alcove that had been turned Into a library, a sun porch, a dining room, two bedrooms, with adjoining bat tut tiny boudoir, nnd a kitchen that wns n delight. 1 "Oh, this Is lovely!" Cynthia cried, as they walked bark to the living room. "It's one of the pret tiest apartments I've over seen Hut I'm afraid I can't nfford It the rent must be awfully high!" "No not to you," he answered with a smile. "You see, I own this building, and ns you'll want tho npnrtrnent for Just a short time, U will be a convenience to me If you will take It. I could Have a few things here that Is, If you won't mind? Really, you'll be saving me the trouble of having the place put in shape for strangers, and stor ing some personal belongings that I won't have room for at the club. I'll be greatly indebted to you If you'll Just come here to live and not say anything about rent." "I couldn't do that." Cynthta an swered. "You must charge me what you would anyone else, or I can't take It." "Very well, If you Insist, he. re plied, rather stiffly. "Shall we put it ot one hundred a month?" "But oh, that must, be far too low," protested Cynthia. "No Indeed. You're accustomed to rents In a much larger city re member that. And, after all, I'm leaving some things here; that would make a difference if we wore utter strangers. I nswure you that I'm asking you quite enough." "All right and thanks ever and ever yo much," she replied, as he locked the front door behind him and handed her the key. "Would yo.i mind my keeping a key, too?" ho risked, "I may havo to run up hero sometimes to get things that I don't expect to need." "Oh, keep a key by all nieaiw," .she answered, though she know how Madame LeUmd would have disapproved. Tomorrow Defiance. SCOPES TRIAL AGAIN OPENED WITH PRAYER (Continued from Page One.) ing prayer. He hoped, he said, that these prayers would "do some good." They will not hurt anyone and "may help." Clarcnca Durrow noted an ex ception to the remarks of the court. Attorney General Stewart was recognized to aay that he had made a remark In court yesterday that ho wished to withdraw. He had expressed himself In a discourteous manner to -Mr. Hays, of defense counsel, ho auld, "I feel very much ashamed that I have not been cour loons to Mr. Hays, and there wa nothing back of it but a little ruf fled temper," he declared. Apology Accepted Mr. U.iy.-t rse to say tint he was happy to accept the apology of the attorney general. Hays a.-iked that the state's at torneys avoid reference to tlie .-tat es from which the defense at torneys come, and their religious beliefs. John It. N'oal a.sUed the attorney general to then remove, from the record a "sneering remark" alleg ed to have been made toward de Cense counsel. It chard lieamtHh, chairman of the reportorinl committee an nounced to Inquire Into the pre mature publication yesterday of what purported to bo tho judge's decision on the motion to quash, reported that the correspondent did not get the decision from the BRINGING UP FATHER e-r cot-L-r i isevei? reLT the. HE-T LIK.E THl-b BE-fORSE.- I WOULDN'T MINO fSEiN' A TI?MFIG COO AOT THE NOTH POLE OhA ' Ol5 V lNT-1. Fl.TURC SCRVICC. Cf..t Britain rijhti reiervMl. I s imm --n7 BARNEY GOOGLE AND SPARK PLUG TnvM ViouiO Vou FUEL I emr IMAGiMl How 53 sm. ' (.ookeo AT ME. sre now sMhky tOSei ." Tufk Nul 39iRl 6m " w H0RS,S DtsAPPoiMTfeo ro ee t via THOte. uqui Biut.' cam loss Doretft loo YOU THINK r. . ,Z ,,r ?&VPs9v VlOOlO BEATvOuR IM-tt V tYCS tUHEM SHE SAID s. I lUACO AGt 'PWIMA) WANT 15 BREAK A ,:.. F fZffij?tK 'PRIMA PONNA' I XD mg.- ' SHETJ CMS. - SY GOU.Y, DONrJA" BECAUSE HEIhE HEART OF A ) BACK OM AHO IU- flKr C. i SPARK PllxS-S CrOTT-V SpvV SHO' AM (N lAJOMOSRPUL GlRU ( KM? SGB IP X fWlCB SWflW y V"" : WW. toss TftftT RAet BuT r:(5;i PowFul cJooo' Take off spabwe tt rf ? J ANVThin& - fWWfM ( BESS GOHA K FOW $ltC smPB JEST BLANKET- L GOT Lv-V. )- ThEM RlbE HlM CSS -""r K'a-Sf( Uhyl I 'I p?-gjSgCg.t Bnt.ii. rinht. td .feBg2Ts't I 2)'33: 7-15 - -.-: -T'i MUTT AND JEFF Native Son Mutt Feels at Home In Los Angeles nr uud kwmt LoS AM6CLCS ALL Ttte COMIM& DlAMONb JuQlUCG C6LCBWI0I0 in sepTcMBeR'. AS fuTT tS NflTtva SoM Hj ReioTeb A SPMMiiH LAY-OtC T6 CS How We vunt Look luRiw(i THe Bis Doings'. JCFP RAN) OVJCB. 16 HoLLVWoob Nl MsT A Lor of THa Viovims PlCTUUfi BfiAoTteS. bp jfootJONT Beneve MC S A 5HX.I K Jusr GLANt-rrj TUG RtSHT. 1277 THE CAPITAL JOURNAL, SALEM, OREGON Dayton .Sidelights Dayton, Tenn., July 15. A. P. The story was told in Dayton today how Dudley Field Mulouc was aped by un ape. One ot the animals, brought to Dayton by publicity seekers, was carried to "the mansion" last niht for a visit with the proposed scientific witnesses tor the de fense, who are making the public house their headquarters here, the story said. Interested In the animal, the scientists were said to have placed it in Malone's chair at the tubl; around which they wore grouped. While they were discussing tu -.ipe and suujectinr? it to variuua tea is, Malone entered tho room. The story was that Mr. Ma I on -2, disliking the farce, culled an au tomobile, bundled the ape and his muster into it utu; sent them bac.U to town. Dayton prepared for a flood and received a Wiower. Tho antici pated crowds have fulled to mator iiize. Although hundreds of poo pic have visited tne town within the past f'vo days, since the be ginning of the trial, the numbers have fallen far beneath the san guine exp3ctatione by Daytoniana. Amplifiers arranged at various places about town, on the court house grounds, in the high school buildings have had scarcely more than a handful of listeners since tho beginning of the trial. Concession stands, which prepar ed for heavy brain ess during the trial, with the exception ot these stationed in the more favorable spots are finding few customers. court's stenographer, and believed that the correspondent had receiv ed it from tho court. Judge Itaul ston aaked tho sources of informa tion and was told that It came from the court through deduction. Judge Itaulston asked who the cor respondent was and Mr. Beamish replied that it was William K. Hutchinson of the International Xews Service. Mr. Hutchinson was asked to come before tho court and Jude Ilatilston asked If he had a statement to make explain ing he need not fear to make a .statement. Correspondents Hoard Mr. Hutchinson paid that he would prefer to make a statement to tho court in chambers. Mr. IteambJh Hpokc up to way that Mr. Hutchinson waa thoroughly ethical. Tho court announced that the newspapermen would be given a private audience. The committee report was signed by four of the five members. Rich ard Beamish, Philadelphia En quirer; Earl Schnub, Universal Service: Forest Davis, New York Herald-Tribune, and Tony Muto, New York Evening Bulletin. i OVf ltKE THI Inc. 'I'M AuTOGRAPHlNC PHoTSl 1 FoR MftRY PicwfoRB, GLORIA SVWAMSOM, BGTTY COMPSOW, , tRONSOW, COLL6CM M0OP-S, KJoBNA ANjo const iMte TALMAOSfi rtMO A Hundred oth.r- Traffic ordinances passed sever al days ago to old in preventing congestion a tout the principal thoroughfares, have had little con jestion to relieve. ew times there have been more automobiles on the main street than could move freely. Newspapermen and women froin all parts of the United States have come. Publicity eeekera of varied types nre here. The cameraman have snapped viciously at every thing even remotely connected with the trial ot the principals. Several different breeds of fanatics canio early. But the thousands of expected spectators are enjoy ing the trial more comfortably by radio or thrcugh the newspapers. Ainong tho host of publicity seekera aro included song writers who have turned their geniua to the construction of what they hop? will be popular ballads, each with the evolution trial as the predom inant theme and the majority with some breed ot a "monkey" title. During a preaching service In one of Dayton churches last nignt, a vaudeville performance was be ing conducted in a tent directly across the street As the congregation pours itfi feelings into the flong eervice. a tiny piano banged and the piping voice ot a fioubrette sounded th words to ft jazz song. The con clusion of the hymn across the street was punctuated by the ap plause given the performers in the tent. Phillip Kinsley Chicago Tribune, the fifth member, did not sign the report. Durrow An Agnostic Mr. Darrow addressed the court in reference to the attorney gen eral's remarks about religious be liefs of members of defense coun sel. He said he had no objection to any one referring io him as an agnostic, "for I'm an agnostic." Mr. Darrow objected, however, to ref erence to creeds and religious be liefs. Mr. Stewart responded that he was ready to proceed without fur ther reference to religious beliefs of attorneys. AMERICANS WIN AT PARIS Parts, July 15, A.P.) Charlie Paddock of Loa Angeles and Loren Murchison of Newark, N. J., won the 100-meter and 100 yard dashes, respectively, in the University of Parle met at the Paris suburban stadium tod iy. Paddock's time r the 100 meters was 10 4-6 seconds. Murchison made tho 100 yatds In 10 1-5 seconds. 7 I'll Turin om the a RfSOlO NN' bE.e IP T WONT TAKC mv 1 I MIND OPT THE Harney Is No Heart Breaker YOJ SP6t 0)l TO ?ANTA BARBARA SLL Trie HePs THty CALLD Fifty ON mayor cm ANtRA, FR!t ARrV PClSkV, JAckSou, pRss. of HoRSCS FOR., TH6 Rotary club, 5AW16 GBAV WHO IS AN OL RilNT 6F Hen FoRt'S, Am c.k. G. BIU1K1SS, THfi ITS FAMOUS r?ACH0BSf OUJW6R. JGFT TrilMKS H KN0S Bcmsht oua FROM MR. BiLUMGS foft INDICTMENT OF SCOPES IS HELD VALID (Continues, fiom Page One) subjects in the public schools at the state. . (a trtli thill Ihta nriwiginn iB rather g?ueial in its nature," ho Bald, "and m my conception 01 ie terms employed in the caption and l.mlv tltnan llAPfl In Mil PHIltEon il TO broader jnd more comprehensive than those employed in the bid;' ot the act. but in my opinion the caption covers nil the legislation provided (or in the body and IB germane thereto, ana in no wny obscures the legislation provided Tor." Tit.U Held Sufficient In my judgment, tile caption is liiiUioieut to put any luembdr o uio legislature cu notice as to what tile nature ot the propt,i:d legislation is and that the caption is really nunc coiiipreheiisive than tlie body t the act." The second point alleging a vio lation ot tile constitution provis ion that the legislature shuuiJ cherish literature aud learning 1:1 schools o the state, he passed over with a briet statement ot the law, einco the point had not been pressed by the defease. The next, a purely technical point charging the bill had not ncen read a sufficient number of times in the two houses of the legislature- befuro its enactment, also was dismissed with a simple reading o the constitutional pro vision. Eelicioii Nol Infrineed Taking up the next phase, which alleged a violation o tho consti- utional right, to worship uou, ac cording to the dictates of the in dividual conscience, he declared he tailed to see "how this action in any wise Interferes or In the least wise restrains any person from worshipping God in the manner that pleaseth him. It gives no preference to any particular relig ion or mode o worship. Our pub lic schools are not maintained as places of worship, but on the other hand, were designed, instead and are mainlaiuel fcr the purpusa ol nisnlul and moral development and discipline." He also failed to see how the teachers' rights under tho same provision of the state constitution were violated by the act "sime there is no law ill the state of Ton ne.isee that undertakes to compel th.-s defendant or any other citizju to accept employment In the pub lic schools." These relations, he said, arc purely contractual "and if his conscience constrains him to teach the evolution theory, he can find opportunities elsewhere in oth;r schools of the state and give full expression t-t his beliefs aud convictions upon this and other subjects without any Interference from the state vt Tennessee or its authorities. "Neither do I see how the act iO FEW UNDER'bTAJsD METHOO- THE W TO BUILD Ax TIRE IN A F-URiNACe. fb FUVbT TAnKC THlNiK TOO CAM THAT NAG TO U.S. ARW FoR . Bocks.-ms VWAMTS STRONG . 1 oj thimu you cam W'Jy'. I I 1 1 - --' . I ST .1, njAr . X II I'LL SELL HIM I I to we. NAVY. I NANBS THey A V l AIN V SO J N c i f SS2 tin . i lavs any restraint ou his rlgut tu worship according to his diclats of his conscience Under the pro visions of this act. this defendant or any other nerson can entertain any religious belief which most appeals to their conscience.' T.ihcrtu Hot Restricted The statute, he also held, docs not unlawl'tly deprive Scopes "I any of his liberties, privileges or nronertv. The alleged vagueness in the in dictment, ho hold, did not exint, sinco It "substantially copies the word of the stateto and therefore is sufficiently certain.' Weakness charged in tile law in that there wus an alleged discrim ination against teachers as a claaS he dismissed with a reading ot a ruling by tt'.e slate supreme conn, which it v-'us held "that class leg islation winch havo applied equal ly to all that are in ur that may come into the like situation ami circumstalicts auG which mak 's a reasonable and ni-tural classifica tion, i valid oui constitutional." biscmBing the alleged violation of the l lUi nmeuumcut to the con stitution of the United States, .ludge Itaulston read a portion oi the decision of the supreme court in tho case of Meyer versus of die state of Nejraska in which it ws held a state proh biting tho teach ing of any language except Eu.; lish to children vas not in con flict with the fourteenth amend ment. ll0 quoted Irom the ruling 'f the state supreme court In the Leeper case, generally cited as lae outstanding authority in similar cases in the rtato ot Tennessee, in this case it waa Held that the es tablishment and control of public schools is n function ot the gen oral assembly arm if the legisla ture deems proper it may aban don one clan and try another. In couclacion he said: "It Is further pertinently said that it is impossible to conceive the existence of an uniform system of public schools without powers lodged sonijwhefe to make them uniform and in the absence of ex pirees constitutional provisions tiic power must necessarily resido in the legislature f.nd hence It has the power to prescribe a course of study as well a the books to bi ased and how they shall be ob tained and distributed. We find neither reason ' nor authority that suggests a duu'.it THE HOfvlE MEDICiNF CHEST It usually contains Spirits of Ammonia, Tincture of Iodine, Milk of Magneeia, Castor Oil, Epsom Salts, Essence of Pepper mint, Spirits of Camphor and other remedies. Every woman who suffers from any of the ail ments of her eex should include Lydia E. Plnkham's Vegetable Compound. For three generationfi it haa been proving to the wo men ot this country that there fe nothing so dependable to over come the aches and pains which women nlone have to bear. Adv. PEOPLS THE lCHT PROPER - BARBARA THa BoYS MoToRSB Tt Rive?site Mb UlSlTEb THe WoRLB FAMOUS MISSldM INN. wiKILa THey wese iw THa CACTUS GAftt6M PABIC THs Boys had worm AND THa RcSulT OF IT WAi THAT J(EFF WAS SMASHeD OVIfiP. THE DOMS WitTH Pi THOLiSAMt)-MeLe CACTUS BY MR. MuTT CASH ON WEDNESDAY, JULY 15, 1925 tu tho powav of the legislature to require a designated series ut books to !iu used in school. "The rule prevailing in Tennes see by which tho court are gov erned in passing upon the consti tutionality statute is this: Tho rule of construction that every in tendment and preauiiptiou is in fnvcr of the constitutionality of the statute and tUat every doubt must be solved bo as to sustain It; and where it is subject to two con structlons that which will sustain its constitutionality must be adopt ed. "The court having passed on each ground chronologically unit given the reasons therefore, is now pleased to overrulo the whole o liou and require tlie defendant to plead further." At the ccni'Iusiou of the rea-i-Ing of the dtv'sirn, defence coun sel noted a execj.i.ion to the denial of the quashing n:olion and tlien riled a demurrer which embodies Uie same con lent 'ou of the 1.0 ni'U;oii to qu:u;h Fiv.nk MfKtwee, Tth?a comity attorney made hit; first statement for the deJeuse in noting the ax eeptinn. Tonight New York's Great Success (Not a Movie) Admission 75c -. -.-J-.-..-.u-v,1 Stocks and Bonds We solicit inquiries to buy or sell any marketable listed, local or unlisted securities. Active market for Durant. Star, Flint and Uickenbacker Motor issues: public utilities. Prompt attention given all orders Cash paid for purchas es; no delay. Quotations furn ished. HOOD EROTHERS 8 Chamber of Commerce Bldg. Portland, Ore. Bv Gcorce MrMnnoa By Billy de Beck HANb - 5.0.07 Daddy Long Legs crj f 7" llii