Capital journal. (Salem, Or.) 1919-1980, October 02, 1925, Image 1

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Capital journal., October 02, 1925, Image 1

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Newspaper Page TextOOSTER CLUBS AD IRIT TO FAIR ICE 1925 CIRCULATION Dally average net paid circulation for . month ending September 30, 1926. 7077 Avernge dally distribution 7443. Member Audit Bureau of Circulation FORTY-SEVENTH YEAR No. 1 $ amm ATTENDANCE FIBRES UP Crowds Still Shy of Past Records But Estimates Not Accurate; Last Days Unusually Good. By HARRY N. CRAIN Hopes ot tho state fair officials that thla year's attendance may equal the old record were helng revived today by the generous crowd on the grounds early In the afternoon, but tho fact remains that tho crowds this year have not been record- breakers to date. There appears, for some unex plained reason, to be a desire on the. part of the fair officials to evade the true status of the at tendance situation, but unless present indications are exceeded the totnl attendance will fall 4,000 or 5,000 short of a record. Just why the officials should be unwilling to face this fact with out any attempt at evasion Is not clear. They have done their best, nd the results are generally creditable: tho exhibits are more extenslvo and more representative of the slnto and all of Its indus tries and resources, 1,10 8lle ot tractions generally are better, ami the racing programs have been en tirely satisfactory. The only criticism heard has been .directed at tho horso show. The attendance today. Booster day, looks like a new Friday record, and the gaily uniformed drill teams of the Umpqua chiefs and their Squaws, the Bandon Beachmcn, their wives and Mer maids, the Marshtleld Pirates and the Cherrians are adding a touch of lovely color to the crowds. Their tunts, staged on the gnlunds and race track are the centers of attraction. The Umpqua Chiefs and Squaws, in full regalia and war paint, arrived this morning on a special train and immediately made themselves known. A unique feature of their entrance was the distribution of several hundred copies of an extra edition of the War Whoop. Their dele gation was the largest on the grounds. The Beachmen. with, their novel bath capes and multi-colored tur bans were conspiclously active, as were brothers from Marshfield, the Pirates. Tho Newberg Ber rlans were expected during the afternoon. Chorriane are the official hosts (Continued on I'agc Nlnel 2 PIERCE DRY BY UHCLE SAM Portland, Oct. 2.iA. P.) Robert Smith and A. C. Smith, said to be special statu prohibi tion agents of Governor Walter M. Pierce, were arrested here today on secret federal indictments charged with conspiracy to violate the prohibition law, with seizing liquor and toking It for their own use, for demanding money to keep from making arre-ts of law vio lators, and with selling moonshin. taken in a raid on a still h. Marion county. Robert and A. C. Smith are son of former Warden Johnston Smith of the Oregon state penitentlnry. They surrendered today to United States Marshall Hotchkiss and were released on $2,000 ball, ported by Milton A. Miller and Dr. J. W. Morrow. Arthur Chrlstensen, former fed eral prohibition agent, and said to have been acting as special state agent in Astoria was Indicted on the same charges as those facing the Smith brothers. An additional charge of transporttlon of liquor was lodged strain -t ChrHtensen. Chhtstensen was already under arrest on another charge and was out on $500 hail. His ball wae Increased .to $2,000 under the new charges. Capital t i . r i i 1 . SATURDAY Surlncr'a Day 0 A. M. -Final awards an nounced livestock depart ment. 0:15 A. M. Concert near main gate by Douglas coun ty concert band. 9:30 A. M. Music on grounds by Kiltie bond of Tacouia. 10 A. M. Arrival of Shrlno bond and chanters front Portland, stunts nnd musio on grounds, 10:30 A. M. Concert by State Training School band in Educational building. 11:30 A. M. Music on grounds by lUHlc band, of Tacoma. Afternoon Program ' 1 P. M. Music on grounds by Klltlo band of Tacoma. 1:30 I. M. Racing prog ram, featuring free-for-all pace; 2:20 trot, ooiLsolntlon trot. Music between heats by Don gins County Concert band Stunts nnd music by Sliriners in grandstand. 2 P. M. Concert in main building by Indian Training School band. 2 i, r. Concert in Edu cational building by State Training school band. S P. M. Music on grounds by Klltto band of Tacoma. S P. M. Formation of nuto Si yle parade nt Marion Siiiinre. 3:30 P. M. Start of par ade to fairgrounds. 4 P. M. Puradc nrouiul race track of auto stylo pa rade. 4:30 P. Sr. Motorcycle events on fair grounds track. B :30 I. M. Concert In main building by Imllau Training School band. 0 P. M. Open air concert by Douglas County Concert band. Evening Program 7:30 P. M. Concluding horse show In stadium. Mu sic by Pnuirhis County Con cert bnml. Stunts mid music by SHrlnci'H. MORE BODIES IN SUBMERGED SU U. S. Submarine Base, New London, Conn., Oct. 2. (By The, Associated Press) Rear Admiral H. H. Christy in charge of the rescue operations at the scene of the wreck ot the submarine 5-51, today recommended tho release of the two big floating cranes which yesterday made au unsuccessful effort to raise the vessel. His recommendation was made after announcement had been re ceived of the recovery o two ad ditional bodies found by divers in the engine-room and was taken to mean that no further efforts would be made at this time to raise the submersible. Admiral Christy reported also that the door leading from the engine room to tbe motor room had been found open and tbe room flooded. His message said: "Divers entered engine room hatch and found motor room door open. Plan to bore small explor ing hole in torpedo room today to determine whether it Is flooded or not. Recommend release Monarch and Century as I can see no pos sible use of them In rescue oper ations." The bodies which were In fair condition, were taken aboard tho Camden and were held ready for shipment to the Newport naval steamship where the bodies of two of the crew previously found had been sent. County Dog A Butcher; Stands Whether It wag considered one of the qualifications for the office is not known, but according to the directory, Claude Lewis ot Stay ton, recently appointed dog catch er for the county, followed tho oc cupation of butcher. Also, whethpf the fact that h? was appointed Just before the es tablishment of the endkos arrny of "hot dog' sinn da at the state fair, has any bearing on the situ ation or not, la ie that reposes In the bosom of the unknown. Ordinarily, however, according (o the records, former butchers KING SEEKS RODGERS SAYS 10 POSTPONE PACIFIC FLIGHT MURRAY TRIAL WELL PLANNED Attorney For Convicts Says Warden Refused Permission To Examine Prison. Will R. King, attorney for Tom Murray, who was scheduled to go on trial In circuit court here next Monday morning for the alleged murder of Guards Milt Holman and James Sweeney during the break of Murray, Ellsworth Kelley and James Willos from the state prison August 12, this afternoon filed motion with Judge Percy R. Kelly asking postponement of the trial until the "lirst day ot the December term of this year, or such further time as the court may deem suitable." In the petition King alleges that it Is impossible for blin to proper ly defend Muriny without being permitted to moke "a full exam ination of tho prison grounds, prion cells, especially Including what Is known therein as the 'bull pen' " and that requests for per mission to Inspect tho "bull pen" havo been repeatedly denied by Warden A. M. Dalrympler who on ons occasion remarked that "n personal inspection of the 'hull pen' is not permitted." The petition also recites that the attorney for the defense has reason to believe that other pris oner in the penitentiary, includ ing Willos and Kelley, are in a position to offer valuable and pertinent evidence for the de fense, and asks an order giving him authority to interview eaid prisoners, under proper safe guards against their escape but with freedom from eavesdropping by guards and others. King alleges that Dalrymple has refused him permission to in terview these prisoners except in the presence of one or more guards. He further charges that he has no, been allowed to interview or consult with Murray except through locked steel doors. Warden Dalrymple is also ac cused of refusing to allow deliv ery of letters addressed to King a counsel for Murray from other prisoners, and on order is asked compiling the warden to surrender all such letteri so far Intercepted and to compel delivery of all such letters in the future. MITCHELL FACES T Wr.ehhiKt'Mi, licit. I (A. P.) Colonel William Mitchell has been ordered by the war department to report on Mond.-.y to the inspector general ot the ormy In order that the investigation of his conduce with a view to disciplinary pro ceedings may be resumed. The order tj Colonel Mitchell was given yesterday after the air board had notified the war depart ment that it had concluded its ex amination of tho former resistant air chief of the army air service, but that it had requested him to prepare and submit certain data which ho should be able to do by Monday. Catcher Hot Dog Multiplying have not bcrn confided with th' duties of dfitf catchers, although It Is conceded on all hands that members of that profession shou1:) by training and experience be ar rayed with the neccsstary talent. Lent It be inferred that light Is being made of the new county dng catcher, it may le added tint hr is a grandson of Reuben Lewis ono of the sturdy pioneer who voted at Cham per g In favor of tho organization of a provisional government for Oregon. Reuben Lewis was a plcmr ot 1842, born in New York in IS 14. SALEM, OREGON, FRIDAY, OCTOBER 2, 1925 Airplane Commander Says Just Criticism Cannot Be Made Disagrees With Mitchell. Washington, Oct. I (AP) Taking direct Issue with Colonel William Mitchell's charges. Com mander John Rodgers, testifying today before the president's air board lamed a. challenge to any one to make "a Just criticism" of the arrangements for the Hawaiian flight of the PN-9 No. 1. Col. Mitchell previously had told the hoard the preparations for the flight which was commanded by Commander Rodgers, looked like the work on "bungling amateurs." Without mentioning Mitchell by name, Rodgers declared the navy adopted "tho proper tactics" and that he was "fully satisfied" with the crew and personnel assigned to the flight. "I cannot see," Rodgers continu ed, "how the navy department could be held responsible for the failure of the flight. "Everything was done that could be done. "The secretary of the navy per sonally visited San Diego and order ed the bureau of aeronautics to give us everything that we asked for. "Thla was done." Rodgers In Charge Rodgers said he wan given au thority to arrange the flight plans, (Continued on Page Nine) Portland, Oct. 2 (AP) Dam ages totaling $125,000 are demand ed of nine residents ot Toledo, Or., as a result of the riot there July 12, when a number of Japanese la borers were expelled from Jobs In the mill of tbe Pacific Produce corporation. Five Jnpanr.se who have filed suit in federal court here are demanding $25,000 each, alleging they were forcibly driven away, that they have been humil iated and their property Injured. Mrs. Rosemary Shenck, city marshal) George Shenck, Charles A. Puck, H. Gcrmer, W. S. Col vin, It. A. .Pritchard, Fiank Sturte vant, Owen Hart and L. D. Mcrson were named as defendants. They are charged with having conspir ed with other persons whose n me are unknown maliciously to drive the plaintiffs from their work and from the town. Mrs. Shenck. Pritchard, Colvln and Puck are alleged to have urg ed "that a mob be formed and that said mob. In lawless dlsreirard of tho laws of the land and of the rights of subjects of the Imperial government of Japan forcibly drive and remove" tho plaintiffs from the county. The city marshal Is said to have threatened to throw the Japanese out if they did not leave. The Japanese are suing under what Is claimed to be thetr treaty rlghta to protection. SPANISH ENTER Width id, Oct. 2 (AP) Spanlnh troop entered AJdlr, capital of Ahd-el-Krhn. the lUffhn lender, nt 11:30 o'clock h rvirn'np, ac cording to offffM r '-hirea. New of th" " y wc.ro receiv ed here with ere--: rejoicing. Hair were flown fie n most of the home In ,l drt.l and King Alfon so app'w't i ,i ,i window of the palnre to an ovation from a great ni,d, whleh gfiihered there. Refused Admission ; As Irish Delegate . To Union's Sessions , ; i (.V,- t --' CM&1V Washington, Oct. 2 (AP) The application of Miss Mary Mac- Swlncy, a member of the Irish republican party, for admission aa a delegate to the Interparliamen tary union conference, was denied todet by Baron Theodore Adels waerd, president of the union. BY COLLAPSE OF Richmond, V;;.. Oct. 2. (A. P.) From thirty tj s'xty men, mem bers of a work train crew are be lieved to have been caught in v cave-in of a Chesapeake & Ohio railroad tunnci under Jefferson park here eh wily before 3:30 o'clock this afternoon and It h feared many lives havo been lot. The fireman on the train, badly Injured, crawled out of the tun nel at the caytrrn entrance and wns rushed to a hof.pltiil. lie de clared the work train had been caught in the cave-in, that there were a large l umber ot men on the train hut ho did not know how many had been caught In the de bris. JIc said he f rated the engineer had been killed as he had not sien anything of him since the crash. ihe western entrance to the tunnel which taed in shortly be fore 3:30 o'cloik, Is located di rectly under Jefferson park. Many houses are eituated near the sum mit of tho hill under which the tunnel runi. Several embulLiices were hur ried to the scene hut early reports did not confirm that the work men were caught in tho falling earth. The entrance was blocked, how over, nnd the sliding continued. The depth of the tunnel be ner.th the hilt Is estimated at 100 feet at tbe deepest point. It 1 about a mile long. .Mystery simxuiiii.s the disap pearance of Kvi.ii Uinc, a tiah ui high school sophomore, who start ed to school on Ms bicycle yester day morning and who has not been seen aince. Tne hoy's guardians, whose name was not ntccrtaine at police huaduuurters, where they reported, are worried, but It Is eueDected by tl.e police that th( boy baa been subjected to hnzin;: by other students and has been taken somewhere into the country and haa not yet beun aljlo to find his way back to Scilem. He Is from the country and Is unfamiliar with tho cfcountry about Halem. hit. guardians declare the boy has nev er given them trouble of any kind. Ho was not in r.chool yesterday. Neleon, high school principal stated this afternoon that thn-v has been no beting among hifrh s-bool Btmlcnti il.ls fall and had no suggestion lo offer a to the iny's where! bouts beyond tin ic!MIi:y that be my have r-m-nl to Alr'ie. wbr ihe fam i'y f.,rmrly lived Indian a poM. Ind., Oct. 2. (AP) John J. Mr.Vamara, Inhor leader, wns sentenced today to one to five years In prison and fined 11000 fur blackmail. "9 I Hi Methodists Told Change of Warden Only Prison Hope Eugene, Or., Oct. 2. Tlie only way to r?mely. conditions nt the state penitentiary l6 to get a new warden, Iter. C. H. Bryunt, Metn odlBt chaplain at the urluon, de clared In un address before the Orecon Methodist conference here yesterday afternoon. Rev. Mr. Bryant, who was one ot tbe prluclpal witnesses against the prison administration before the coroner's jury probing the Murray-Kelley-Wlllos escape of August 12, told the assembled churchmen that five gambling tables were in operation In the "dog house" almost every Sunday prior to the break ot August 12. He charged that both guards and prisoners took part in the games. Bryant further charged "Sab bath desecration," and said the present warden was a man wholly out of eympathy with the church element, even going so far as to damn the churches. He further charged the varden with allow BE Oregon has another potential governor today. He Is C. E. "Pop" Gate of Medford, former mayor of that city for three suc cessive teims and a runner-up In the republican gubernatorial prim ary of three years ago until he withdrew. "Pop" came to Sal cm yeflterdny ostensibly to attend to some auto mobile bufline.-s nt tho stnto hou.se, but han spent most of his time at tho fair grounds and n round town. Wherever he has paused It is sig nificant that the talk hns sooner or later, generally eonner, drifted nrouud to the gubernatorial situa tion. Frequently ho Intimated that ho would probably not have tbe henrt to turn down an urgent re quest of his friends to he a candi date next flprlnp. "I wouldn't be a oir-tarter," he replied to a point blank Inter rogation as to his Intentions, and admitted that he hud been ap proached relative to the matter. Aside from Governor Pierce the Medford nmn Is the only contend er for gubernatorial honor who has been In evidence this year on the fair grounds, usually the hand shaking mccra of politicians. OFwnld V'wt, former governor whm tbe political proKnosilrators refmc to bury, haa been on the grounds nil week with his string of horse show animals, but he dis claims any nnd all political Inten tions or connections, even refusing to be clawed as a politician. "I'm simply chairman of tbe en tertainment committee In tho po litical ring," My the ex-Kovcrnor. Charles Hall, who Is conceded to bo a sure contender for tho repub lican nomination next Mny, was dated to arrive here today with the Marrthfield Pirates. So far Charlie has refrained from com mitting hlniflelf but bin friends hnve been plnlnly outspoken regarding bis Intentions. WEIGHT LUIS FOR SOFT ROADS Warning has been bisucd by County Judge Hunt that ns soon na the rains become general and the roads aoft, tho county court will luiue a weight limit order cov ering grave) roada In the county, nnd that If anyone has henvy haul ing to do on such roads now Is the time to do It, as the roads will be barred to them powlbly In tbe near future. While the court ha.s not definite ly decided on Us order for thl year, there Is a possibility that It mny be even more strinKent than lat ( ars order. Judu Hunt Mates th;it In many places last year tbe roids were torn up by heavy loads and efforts will be made to give them nmple protec tion thbt jenr. PPTPTj1 nCIIRUl? PPMTC ON TRAINS AND NEWS JF.tU'Util lilKJlilii LiJliXN 1 0 STANDS FIVE " CENTS ing the prisoners to have Sunday ball games at the same hour set for church service, and said It had boen necessary for him to change tho preuchlng hour, as he fouud he could not successfully compete with a baseball game. "I have been trying, but appar ently without result, lo change these conditions," Bryant said. "Tho prison break has helped some, but It la terrible to think that It required the killing of three men and the possible execu tion of three more even partially to remedy the situation." Bryant spoke during the an nual Borvlce in honor of the re tired ministers, he being one of 14 retired men preeent. The oth ers were the Itevs. J. T. Abbott, h. . Belknap, A. C. Hrackenbiiry, Hlrom Gould, C. O. McOulloch, S. B. Momlnger, W. H. Meyers, M. B. Parounaglan, John Parnons, C. M. Hoes, G. V. Round, D. A. Waters nnd M. C. Wire. T Lakehuret, N. J.. Oct. J. (A. P.) In approving tho gas valve system change in the airship Shenandoah the bureau ot aero nautics at Washington warned those on the ship that tho new system was not aa "foolproof" as tho original installation and that exlremo care should be taken in the operation of the ship. This was disclosed today before the naval court of Inquiry hero by tho rending Into tho record of the official correspondence that passed on the subject between Commander Zatbary biinsdowue, captain of the ship, and the bureau of aeronautics. Changes in tho valve system first were urged by Lansdowno as early ea September Hi, 1U24, but finally were not approved by the bureau until May 28, III IT), and than only with a warning from Captain K. S. Land, construction corps attached to the bureau. This warning was renewed on June 13, 11125. in a letter signed by Commander H. C. Kfchardson, construction corps, by direction of the chief of the bureau. ORDER REDUCTION IN AUTO FREIGHT RATES Washington. Cct. 2. (A. V.) A reduction In freight roles on autciniohllen and outomolille parts moving from Detroit territory to all points on the northwestern Pn Hfic rallrinil l.orth of Wlllcts, 'nl., was ordered today by the In tor.tnto ponuurrrn ri'inm lslnn. Monsters Roam Free In Featured Film Of Journal Matinee Rnlem youn'vl.'rs'have only cue morn day to wait until they m;iv tlfe gripping, (htilliit;; scenes of the "Ludt World,'' such aa scientists aay actually took place -omo 10,000,000 years iiro, flash ed on the screen in what is hailed THIS COUPON AND FIVE CENTS Will admit any child 12 years of age or under to the special matinee at the OREGON THEATRE SATURDAY MORNING, OCT. 3 At 10:30 o'clock, as a guest of the CAPITAL JOURNAL UNSETTLED WEATHER Cloudy tonight and Saturday; moderate temperature northerly winds. Local: Max., 64: min., 43; rnln, none: river, -2.0; atmos., part oloudy; wind, northwest. BANK OFFICE BELONGS HERE RULES MI Judge Skipworth In Over ruling: Demurrer Says Super i nt en dent of Banks Office In Salem. Frank C. Bramwcll, superin tendent ot ban Kb, must maintain tho niaiu offices of the banking department in Sakm, according to a decision by Judge Oeorgo H. Skipworth of Eugeuo In man damus proceedings brought by George Putnam, publisher of The. Salem Capital Journal, to compel Bramwell so to do. The decision waa filed Ip circuit court here to day, Judge Skipworth having come up here from Eugene at the time of tbe hearing to ait on tho case. His action today came in tho ohupe of overruling a demurrer lo the alternative writ. He grunts Uramweit It) days after October 2 to filo an answer.. The only ques tion that further proceedings in tho case could decide, would be whether or not Bramwell is now maintaining tho principal office of the department in Salem, and it appears from the writ that all ot tho records, files and documeuts belonging to the department had been removed to Portland, leaving nothing here but a stenographer to answer telephone calls. Under tho circumstances It is likely no further proceedings wilt be taken as it was virtually admitted on all sides that the principal office wns no longer maintained In Sa lem, as Judge Skipworth held It was mandatory lor the super in- ' tcndctit of hanks to do. B nun well Over-ruled. Judge Skipworth over-ruled the ontcnttoii of the defendant that tho plaintiff had no legal capacity to sue, by holding that any citi zens can maintain a suit ol! this character where it is shown that it Is one of public right and the object ot the mandamus proceed ings Is to enforce a public duty. As to the contention of the de fendant t lint another action la pending dealing with tho same question, the court dismisses this by saying that such fact does not appci'.r on the face of the alterna i Ive writ. - SkinworuVt Ooinion. Judge Skipwortb'e opinion In part Iri as follows: "There ore two principal ques tions urged by the attorney for tho defendant; first, that George I'utnam has no legal capacity to main tain tills proceeding Inas mueh as the superintendent of banks and the expenses of his of fice arc not maintained through taxation and therefore the plain tiff, George Putnam, suffers no special or pecuniary losa through tlie removal of the office of super intendent of banks from Rale in to Portland, and second, that tho courts would not interfere with discretionary acts of an officer." After citing a action of the law (Continued on Page N'lno) among; the greatest triumph -if modern moving picture produc tion. Great, terrible. prchUstoiie mon sters, ranging lu slue up to ten (Continued on Page Nine)