PAGE 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
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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
'
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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
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LoS AM6CLCS ALL
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JuQlUCG C6LCBWI0I0
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AS fuTT tS
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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