THREE JUDGES CHALLEWGERrBY MITCHELL
JoCT 39 1925
yr LIBRARY
... Journal.
CIRCULATION
Daily average net paid circulation f
month ending September 80, 1925
UNSETTLED TONIGHT
And Thursday, prosably rain In north
west. Light southwesterly winds.
Local: Max.. 63; mln., 53; rain, traces
river, -1.6; atinos., cloudy; wind, south.
7077
Average dally distribution 744S. "
Member Audit Bureau of Circulate &
FORTY-SEVENTH YEAIfrj Jo. 257
SALEM, OREGON, WEDNESDAY, OCTOBER 28, 1925
tjdtitj rrUDT?T? PT?TTQ ON TRAINS ANU NBWB
rKlLfiii IXlIVCiU IrJJjlNlO STANDS PIVB CENTS
ARMY COURT
AUTHORITY
CHALLENGED
Prejudice Is Charged To
Summerall and Bowlcy
By Defense; Sladen Is
Also Excused.
Washington, Oct. 28. (A. P.)-
Alter having t-cuired the rctu
men l o three members ol ike
court martial chosen to try him.
Colonel William Mitchell late to
day challenged the jurisdiction if
the court.
Through his ce-uusel the col mcl
picatled that specification against
In tn did not uunstituta any uliouse
lulling iroi)crly under the articles
of war, and that u court marlnl
therefore was without autho.hy
to try the case.
Wushinyton, Oct. 28. (A. P.)
Colonel William Mitchell beg
his defense at his court martial
hero today by driving from llu
bench three members of the court
including its president, Major Gen
eral Charles IJ. Summerall.
Ueueral Summerall withdrew
on Ills motion after he had been
charged with prejudice against
defendant and Brigadier A. J
Bowley was disqualified by hi
colleagues on the court after a de
fense challenge had been loug
agt;inst him on similar giounds.
A ure-emptory challenge itton
was made by Air. Iteid agaius
Major General Fred W. Sladen,
superintendent of the miliu.-y
academy at West Point, N. Y. Til's
form of challenge permitted of no
argument und General Sladen wae
excused.
The challenges against Sumin.;-
ali and Bowley were based on n:
terahces of the two generals
against I he separate air depart
ment favored by Colonel Mitclie'I
and in support of which he usi
language which led to his cour
martiat on a charge o viulatiu,
good discipline.
A sharp verbal clash between
General Summerall and Hepve
BonluLive Iteid of Illinois, counts-.'
for Colonel Mitchell, precede.
SummeraH's rcquctu that the court
excuse him from further attend
ance. Preiudicfi Alleged.
In support of hie challenge, Zlr.
Ileid read statements made by
General Summtrall before the
president's air beard and couplet
with them extracts from the re
port of Colonel Mitchell after hi'
inspected the air defense of Vic
Hawaiian department, at that time
commanded by General Summeiv.il.
"I have learned for the firu
time," General Summerall fiati,
"of the enmity Colonel taitcnel!
has toward me. ' The report he
made Is untrue, unfair and ignor
nant. This is not the place to
prove the efficiency of the air
Bervice of the Hawaiian depart
ment. I cannot eit as a member
of this court. I beg the court lo
exuee me from further attend
ance." Vacancies Stand.
The court grunted the request
afier a short consultation.
General Sunimerall's retirement
trinntlnut'd on Pago Five)
ALLEGED BOOTLEGGER
ACQUITTED" BY JURY
Medford, Or.. Oct. 28. Jarl;
Ourondo, on trial In the circuit
court since Monday morning
charged with "possession and k a 1 f.
of liquor," wau acquitted by a Jury
late Tuesday after five bours tit-
liheration.
It was the first case on uc
docket, for the present term of
the circuit court. Durondo h;T
been In the county jail several
weeks awaiting trial.
The next trial on rne calendar
Is Unit of Walter Williauu of Gol I
Hill, 1G, charged with a etatuto1
offense. It was this case that wa.i
tho basis of the two indictments
returned by the lost grand Jury,
charging a felony nnd a misde
meanor against Deputy Shcr'tf
Forncrook, who entered a plea of
guilty to the minor charge mil
wan fined $o0, 'he eamo bvng
impended.
Constantinople, Turkey. A a' ir
mid crescent birthmark on a bi Ir
is causing pilgrimages to be nuc
to a pea? an t'e heme.
GOOD EVENING
WORDS and MUSIC
By Stoddard King
BALLADE W1U1TEN TO OBLIGE
'We should like to read the
frank memoirB of the prince's visit,
especially a ballade with the re
frain: 'These are the things that
bored me most. " P. P. A. in the
New York "World.
Your climate and your railroad
trains.
Your fin iM tors nnd iliclr endless zest
(I understand you call them
janes)
These are the tilings I liked the
host;
The endless prairies of the west.
rne liiiiKce tendency to uonst.
And your Idea ot n Jest
niese arc tne tilings uuu uorcu me
most.
lour roiu-NongH mid tiicir queer
rcl rains,
lour ja,7. bands do they never
rest
The dashing cowboys of the plains
Those are the tilings I liked the
lies I.
I rearing a waistcoat called a vest
Twice In one evening, by my Lost
The autograph-desiring nest
These are the things that bored me
most.
Your nil of Inking endless pains
To leave no bedllmc for a guest;
find mi nun iiuiici'io pertains
These nre the tilings I liked the
best.
The Interviewer's pert request,
spoiling inc roast, the liauqou's
guost,
And the photographer's liehest-
These are the things thai bored nic
most.
Your ladles.
nnd the wny they
dressed
These nre the things I liked the
best.
Your mayors, and your buttered
toast
These are the things that bored mc
most.
Again there are knitted brows In
the treasury department over the
question of whether the making of
?2 bills sh.iii be discontinued, and
again una department announces
that any one dreading bad luck
from the possession of a $2 frotr
skin can send it to this address and
we will take a chance with the hoo
doo. SCALE TO WEIGH
TRUCKS 0
DERE
Portland, Oct. 28 -The state high
way meeting here today accepted
the proposal that a platform scale
be purchased and Installed along
the Pacific highway at Canemali
so that traffic officers, -when they
wished to test the weight of
truck, can take the carrier direct
Iy to the scale and get the figures
without having to drive to a town
The scale will cost about $2000.
ine commission s engineer was
ordered to Investigate the traffic
congestion at Oregon City with a
view ot opening up Railroad ave
nue to relieve the Jams on Main
street. It 'Is also proposed to ex
tend the pavement there over th
hill.
The city of Canby was relieved
from any more payments on money
due the state for paving the Pa
cine highway through the city
limits. Tho cost was about $4000,
and the town has paid In $2200,
but Is having a hard time to raise
funds.
dice Deny They
Fell for Trick In
Robbery Attempt
Whether an attempt was m:'.de
rthoilly before 7 o'clock yesterday
morning t0 burglarize the Wc-s.
Fur company's sti.re on Liber-y
street Is a question.
The manager of the store uo
lieves an attempt wta nuide to en
ter tho store. Seine woman. It is
said, called the police station and
informed the officer in charge
that the burglar alarm at the atora
which is connected with the police
station, would ring In a few min
utes, but that It was simply be
ing tested, and shed the ofticts
not to pay any attention to it.
Shortly after that, when the p-o-prietorfl
of the store opened ne
place for business", they discovsred
that someone bad tried to enter
the place. A transom was found
unlocked, It Is claimed, that had
OYS TOLD TO
E
T
High School Youths Given
Chance To Return To
Classes ; President of
Students Involved.
The 17 high school boys who
were suspended from echool Mon
day because of their membership
in the re-organized Friars fratern
ity will be permitted to return to
school Immediately upon their
signing a new pledge, It was an
nounced at high school this noon. I
The pledge, winch the boys have.
taken under advisement, reads as
follows:
'We tho undersigned members
of the Friars club hereby agree
and promise on our honor to wl.o-
draw from our organization and
make no further effort to organize
this or any similar club, without
having first-ob talncd the sanction
of the school authorities.
Must Admit Error.
'We wish it understood that It
was not our intention to defy the
order of the board, but we wsre
acting under legal advice that the
proposed club was not in violation
of the rule. We admit that we
were In error in not first consult
ing the school authorities and in
tend from now. on to take no s.oo
of this tiort without the approval
of the superintendent or principal.
We therefore ask to be rein
stated with the understanding
that tho whole matter is to b
dropped without prejudice. We
agree also to ecsure the signatures
of our parents lo this pledge, as
evidence that the action which we
hereby take is known and appris
ed by them."
This afternoon all Indications
(Continued on Page Four)
TAKES POISON .
FOR HEADACHE
Koseburg, Or., Oct. 28. Mia
Jean Maddox, tho popular young
daughter of Mr. and Mrs. B. W.
Maddox, and a junior in the Rose
burg high school, is critically ill
today as the result ot taking pois
on tablets which she mistook for
aspirin. Her condition, although
somewhat improved over the
early hours of the morning. Is
very serious and her recovery will
be a matter of doubt for several
days.
Miss Maddox returned from the
show late yesterday evening suf
fering from a severe headache,
according to her parents. She
went to the medicine chest to
procure some aspirin tablets, and
as there wns no light In the room
obtained the wrong bottle. She
took several of the tablets and
then went to her room.
been securely factcn3d the n!g;i
belore.
Chief of Police Minto dues nv
agree with this. He says the iiMii
rang and the officer in chi g
went to the West Fur comp.in,
store, leaving one of the city lin
men In charge of the police ti
tion. While he was away s-'m.
one called up the station and s.i'.'l
something about a test of tn
alarm being made. Somrone els
in the block, the chief thinks, ca'l
ed the station alter the officer ar
rived and wan testing the alam
Chief Minto thinks the first nl,:r.Ti
was caused by the wind shifria
a transom or door that had no;
been locked. Ho does not believe
burglars would have attempted
enter the building at that hour In
tne morning.
S GN
PLEDG
STAY
NEIGHBORS
PEACE AIMS
Coolidge Sees Lesson For
World Powers In Ex
ample Set By Latin
American Nations.
Washington, Oct. 23. (A. P.j
South American statesmanship
with its goal of lasting peace was
held up as a model for the world
by President Coolidge today In ac
cepting as a gift from Argentina
to the United States a monument
to General Jose He Sanmar. in,
Argentine soldier, patriot and
statesman. ,
Praising Sanmartin as Latin-
America's George Washington and
as one of the most foremost crea
tors" of the new world, the presi
dent stressed "the fact that South
American statesmanship has on
the whole been dominated by an
earnest and increasingly success
ful purpose" to avoid war.
Show Wav to Peace.
"A will for peace hus been pres
ent," he said, "even though the
way to it was not always, open,'
aow when "men and nations
are all giving heed to the voice
wnich pleads lor peace," the un
dent continued, "they will do well
to turn to these lessons from the
statesmanship, the experience, ami
the constant aspiration of the
South American nations.''
The continent which of all the
world," he said, 'has known lesd of
war and more ot peace than uuy
other through thi trying period
is well entitled to pride in tne
service it has rendered to its own
people nnd in the example which it
has set before the ran of man
kind."
The sophisticated statesman
ship of an older world," had en
tailed profound misgivings as to
the ultimate fate of the new Amer
ican republics when they fir.-?
were launched, the president ea'd
and added:
Now, X am glad to say, v. e
hear less of such misgivings. Tne
world has had its test. The insil
tutlons of men have been through
their trial. That trial has quite
definitely answered the question
ings of pessimism. It has pro
vided us wilh much specific in
formation by which we nitty judg.
for ourselves whether the Institu
tions of a republican new woriJ
or of a monaichial old world were
best adapted as conservators of
human happiness and human pro
fess. We are content to leave thi
final verdict to history. The rs
publican peoples of the Ainerlct
are prepared to tuke their chau :e
on that judgment."
Statesmanship Praised.
Passing over the brilliant mili
tary career o Sunniartin, Presi
dent Coolidge Bnid he was "like
our Washington) one of thosv
seemingly inspired military cap
tains who are capable of thinking
the same moment of terin3 oi
war and of politics, of the battle
field and the great human forum.
For me the great significance of
Sanmartin and his deeds and tinrs
lies less in their brilliancy in the
moment of accomplishment and
more fn the justifying verlict
which a later time and a riper e.
pcrience have pronounced upon
them."
STINNES HEIR PLANS
TO START ANEW IN U. S.
Berlin, Oct. 28. (A. P.) Tire I
of family quarrels und squabbles
with bankers and receivers over
lh3 remnants of the family 'or
tune, Dr. Edmund Ktlnnee, eldest
son of the late Hugo Stinnee, in
dustrial magnr.te. hns secretly em
barked for the United States, lii
unexpected departure, friends aiy.
represents a detenu inn tion bv
young Stliinr-s tj sock a new busi
ness environment.
TAX BOARD FACES THREAT
OF BEING STARVED OUT
Washington. Oct 2 8'. (A. P.)
Appropriations recommended by
the budget bureau for the board of
tax appeals next y-ar will t'ir:e
suspensions of 't.e board, Its chair
man today told the house wy-i
and means committee.
ARE
LAUDED
Ef (nr life3 TfiTir
PAINLEVE IS
REQUESTED
TO TRY AGAIN
Retiring Premier Asked
To Form New Cabinet
To Succeed Ministry
Which Resigned.
Paris, Oct. 28. (A. P.) Pre
mier Painleve informed President
Doumergue this evening that he
would form another cabinet.
In accepting the president's Ja-
vltation to bead the new govern-,
ment, M. Painleve stated emphat
ically that Aristide Brland would
regain the portfolio of foreign af
fairs. Paris, Oct. 28 (AP) M. Pain
leve, owing to the attitude of the
left groups of the chamber of dep
uties, has asked President Doumer
gue- for more time before replying
to his Invitation to form a new cab
inet. Calling on M. Doumergue at
5:10 o'clock this afternoon, he e.nid
he could not give a definite answer
until later in the evening.
- Paris, Oct. 2S (AP) President
Doumergue today summoned Prem
ier Painleve to ask him to form a
new cabinet In succession to the
one which resigned yesterday.
Mr. Painleve told President
Doumergue ho would consult with
his friends and the party leaders
before definitely accepting the task
of forming a cabinet.
Considerable doubt is expressed
that M. Painleve will accept. He is
understood to hnve told friends he
would recommend that the presi
dent chose former Premier Ilerrlot
in his place.
Paris, Oct. 2S (AP) The Syr
ian situation has assumed such a
serious aspect that President Dou
mergue and Painleve, in their con
ference of an hour this afternoon,
devoted fully half the time from
considering tho ministerial crisis to
discussing of events Id Damascus
and its vicinity. This Is tho In
formation imparted by the semi
official Haves ngency,
It is reported that General Sar
rall, the French high commission
er, has asked nbout 15,000 more
French troops ha cent to Syria to
reinforce the garrison.
BEND ENTITLED
The way is now oncn for the
city of Bend to avail itself of an
act of the legislature whereby It
will take 11 seccitd feet of wat'r
from Tumalo crei'k for purposes oi
t municipal waier supply, accord
ing to an opinion of Attorney Gon
erai Van Winliio, writ ten to th:
desert laud board. The opinion
n reply to an inquiry by Mayor
It. H. Fox of Bend, but since the
attorney general Is inhibited from
mi vising other firn state ofi'Muls,
he ha. sent the opinion to the des
ert land board.
As a result of the -legislative
act it Is believ?d here :a offhlol
circles that litigation of consider
able mngnitiidu is In prospect.
The soiion of lit 25 passed un
act providing "that whenever the
city of Uend shall have ac
quired the right to appropriate
use from the Deschutes river
least 11 cubic feet pr second of
water for delivery Into the fi;ed
canal belonging to IJeschut
county municipal Improvement
district, wlii'h feed canal Is now
supplied from the Deschutes n
at a diversion located in or ne.r
Bend. Or., then raid city shall I;
and hereby Is nrthorizert to tn
from tho direct flow of Tuinil.
creek not to exceed II cub!
feet per second of water for ih
purpose of providing a supply rf
water for domestic and municipil
purposes.
This act was vetoed by Gov
ernr Pierce on the advice of Kl.it
Kniner Luper, on grounds tin'.
it w.r.ild rob the Turnaln dl'lrh-t
of waer it needs, but was pai d
over bis veto. ,
TO WATER FROM
TUPiALO CREEK CHECK OF DEATH
Thrice Convicted
Slayer Freed By
Governor Pierce
A. J. Weston, twice convicted In
Deschutes county and ono In Was
co county of second degree mur
der In connection with tho killing
of Robert H. Krug, aged citizen of
Sisters, Or., last night left tho state
penitentiary with a full pardon
from the hands of Governor Pierce.
Weeton has served a little more
than a year of a life sentence His
first conviction was reversed by
the state supreme court and the
case remandod for a new trial. The
second trial was had, Weston was
again convicted ,of second degree
murder and once more the supreme
court reversed it on grounds that
the lower court erred in admitting
new testimony and again remand
od the case. A change, of venue to
Wasco county was obtained for the
I
Chicago. Oct. 58 (AP) Under
a blanket of snow the mid-west
and Rocky mountain region today
faced the prospect of continued
cold, with a cold wave in south
ern Missouri, Illinois and Indiana
The white covering, which broke
records in Milwaukee and endang
ered the unharvested sugnr beet
crop In Colorado, was nearly ten
Inches thick at Helena, Mont., and
a half foot or more In many sec
tions of Iowa.
Accompanying the snowfall were
dropping temperatures, reaching
two degrees above zero nt Havre,
Mont., the coldest spot in the conn
try yesterday, and hovering around
the freezing mark In the corn belt
region. Kansas expected from ID
to 20 degrees above zero today and
Omaha looked for twenty degrees.
Tho low temperatures In north
eastern Colorado caused business
men and school children to turn
out in aiding farmers' efforts to
save the beet crop, valued at JGOO,
000. Some reaction will set In tomor
row, It was forecast, in tho north
ern Rocky mountain region and
northwestern plains area, which,
like the snow fall, will move east
ward to the westera Great Lake
region and thence toward tho east
which so far has escaped with scat
tered rains.
TOLL IN WRECK
REVEALS 1 9 LOST
Memphis, Tenn., Oct. 28 (AP)
Workmen today undertook the
tnk of salvaging the mass of twiet-
ed steel nnd wood whlrh remains
to remind passers-by of tho derail
ment yesterday near Victoria, Miss.,
33 miles south of Memphis, of the
Sunnyland, fast passenger train on
the fit, Louis and San Francisco
railroad.
A check today revealed that 10
persons. Including five negroes,
were fatally Injured In the wreck
Approximately three score other
persons were hurt more or less
severely when four Pullman sleej:
ers, a chair car, a combination ne
gro coach and ernoker with the
baggage, express and mall cart"
plunged down a 25 font embank
ment. The train was traveling
close to fifty miles nn hour when
tho accident occurred.
Railroad officials fixed cause for
the wreck on an Invlsiblo defect In
a rail. Tho defective rail was
manufactured In 1918 nnd
been in use for six years.
had
O'Brien 1o-,t Decision.
Port'and, Or., Oct. 28. Tommy
O'Brien, sensational Portlind ban
tamweight, ht the decision to
Young National into, los Ang.'lcs
Filipino, in a tout 10-rouml bout
here last night.
third trial in which Weston was
again convicted and sentenced to
life. No appeal was taken after the
third trial, but Weston's wife has
constantly kept the case before
Governor Pierce, declaring her hus
band was the victim of a "frame
up" and asking for his pardon. The
governor refuses to comment on
the case other than to sny that he
became convinced that Weston was
innocent. The crime was commit
ted March 24, 1019. 1
The murder of Krug was one of
the most revolting In the criminal
annals of tho state. Tho evidence
indicated that the aged man had
been beaten, then tortured until he
died, after which fire was set to
his cabin and tho body burned.
(Continued on Pago Fiver
TRUSTIES FLEE
F
Tacoma, Wash., Oct. 28 (AP)
Bert A. McGlllis, 29, convicted in
Portland for violation of the
tlonal motor vehicle theft act, and
Georgo Temple, alias Louis Law
son, 24, sentenced from Pocatcllo,
Idaho, for forging postoffico money
orders and violation of tho motor
vehicle theft net, escaped from the
McNeill Island federal prison
about 3 o'clock this morning. Mc
GIllls was serving a term of fif
teen months begun last Juno nnd
Temple was under a sentence of
two and one half years begun last
November.
The two were assigned to some
plumbing work outside the main
prison building during tho night
and no one was guarding them ex
cept the night watchman who had
his regular rounds lo make. He
made frequent checks to sco that
thoy weer doing tho work, but
when he returned at 3 o'clock they
were missing.
Daylight revealed tho fact that
rowboat belonging to Guard Na
than Mitchell was missing from Its
mooring near tho mnchlno shop
nnd a search of tho vicinity failed
lo discover It.
Prison officials were conducting
their search for the men on the
theory that they weer able to get
to the mainland or to ono of the
other Islands In the stolen boat.
Both weer clad in prison overalls,
Warden Finch It. Archer nutorlz-
ed rewards for their capture
Both the father of McGlllls and
tho wife of Temple aro living in
Portland.
U. S, STEEL EARNINGS
FOR QUARTER 42 MILLION
New York, Oct. 28. (A. P.)
Total earnings of tho United
Kt.ites Steel corporation fur t'ie
third quarter of the year atnoun-
ed to $42,400,412, compared wi'h
?4 0,r,24.221 in the preceding
quarter nnd $30,718,415 In th
corresponding period last yenr.
City Schools
Prospect of Grave
Shortage of Funds
Further Indication that tho fin
nclal status ot tho Salem public
ehool system, which has been
gi'mving more acute ouch year since
111 17, will roach its breaking point
either this year or next year, was
brought out nt school board meet-
-Ing last night. The maximum
amount permitted to be raised by
taxation for sr-hool purposes each'
year Is allowed liy state law to be
only 6 por cent more than the sum
of the previous year. With tha city
of Salem growing at a rate In ex
cess of 6 per cent annually, and
school needs keeping pace ith th'
growth of tho city. If ntt exceed
ing It, the school board Is rmi
' fronted by a situation which grows
OCCUPATION
OF BULGARIA
Villages Are Bombarded
Early Today Say Sofia
Dispatches; Greeks Say
Retirement Ordered.
Sofia, Bulgaria, Oct. 28. (A.
P.J Despite the warnings ot the
league of nations council, Greek
troops at daybreak continued O
occupy Bulgarian territory, and
thore were no sl&ns that they In
tended to withdraw. Bulgarian
officials, in making this announce
ment, said a number of villages
were bombarded during the early
morning hours.
Extracts from articles In tha
Turkey, favoring- intervention to
to show that there is sentiment In
Turkey favoring interevntlon to
"protect Bulgaria from Greek ag
gression. M
The Macedonia Union of Cul
tural Socitles has forwarded a pro
test to the league of nations
agnlnst the Greeks continued oc
cupation of Bulgarian soil.
BtuVnriam Attack
London, Oct. 28. (A. P.) An
Exchange Telegraph dispatch from
Salon tit I, Greece, declares t.iat
while tho Greek troops wore with
drawing from Bulgarian territory
this morning they were attacked
by Bulgarians.
Paris, Oct. 28 (A. P.) Greece
announced nt today's meeting t-f
tho league of nations council that
she had f.iven orders for her t roans
in Bulgarian territory fo retire be
hind her own frontier. She as
sured tho council that comptt?
evacuation of 'iulgaria would be
carried out within tho sixty-nour
limit laid down by the council.
Athens, Oct. 28. (A. P.) Tho
Greeks were attacked by Bulgar
ian forces this morning neir
Kamua, it Is officially stated.
ltniuna is 10 miles west of O2
mli'hlssar, near which the present
(ireco-Hulgnrian trouble broke 3ut
and about fivo miles south of tho
bonier on Greek territory.
E
The state prange has withdrawn
from the secretary of state its peti
tion for an initiative bill for stato
control of hydro -electric develop
ment, nnd has filed a new petition
that will limit state bond Issues
under the proposed constitutional
amendment. A new ballot title will
bo necessary. The original meas
tira as proposed allowed an unlim
ited bond issue. The new one will
1 M tn t bond issues to 4 per cent ot
the ussPHcd valuation of the state.
A similar measure being initi
ated by the Housewives' Council
of Portland places a 5 per cent
limitation on bond Issues, but pro
vides In addition for an appropri
ation of $2f0,00'i from tho gen
eral fund of the Mate.
Face
more serious each year, according
to reports brought to last night't
meeting.
Ways nnd means of raising the
amount of revenue were dlHcussod
nt length. The possibility of get
ting the 0 per cent ruling abolish
ed by tho legislature at Its next
session wns mentioned. "I don't be
lieve there's any hope of having i
abolished,' said Georgo Hug, su
perintendent of schools. "In most
parts of the stnte It has been found
to be a pond thing, doing away
with to rapid increase in expend
tures."
The only alternative remaining
to the board, 4f was stated, to td
(.Continued on Page Five)
0