Capital journal. (Salem, Or.) 1919-1980, November 03, 1925, Image 1

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Capital journal., November 03, 1925, Image 1

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Newspaper Page TextCITY'S CONTROL OVER BUILDING UPHELD CIRCULATION Dally average net pnifl circulation for month ending October 31, 1925 7352 Average dally distribution 7753. Member A ml it Burenu of Circulations. FORTY-SEVENTH YEAR No. 262 mw u mm, ZONING PUN MU HELD LEGAL Supreme Court Holds City Has Police Authority to Regulate; Case Bears On Local Situation. . The constitutionality of the Portland zoning oidinauce was up held today by the supreme court when au opinion revirsing Judge Robert G. Morrow of the lower court was handed duwn in the case of Ernest Kroner and Frank Mich els against the city of Portland, appellant. The opinion was writ ten by Justice Burnett. It was not unanimous. Justices Bean, llrowu, Cosliow find licit concurred in the Burnett opinion,- while Chief Justice McISrldo and Justice Hand wrote dissenting opinions. The decision in the Portland case is of particular interest In Salsm in view of the situation ex isting here. Several months ago the council passed an ordinance authorizing the mayor to-appoint a lity zoniug and planning com mission and outlined its powers. Pending a decision on the consti tutionality of the Portland ordi nance Mayor G key has delayed appointment of ihe commission, Hie plaintiffs in the case are owners of two lots at the south east corner of East 13th and Pine at reels, Portland, where they un dertook to construct a creamery. They sued the city when the lat ter undertook to prevent them from erecting the building. The- plaintiffs contended that tho zoning ordinance violated hotii the- federal and tho state consti tutions in that It denied to the plaintiffs due proceea of law and constituted a taking of their prop erty without compensation, u:iu denied them the equal protection of the laws. "It is plain," Bays the opinion "that governmental agencies en trusted with thi police power, as the city of Portland is, can enact laws regulating the use of proper ty for business purposes. Other wide It would bu pcrmiseable to erect a powder mill on the site of tli a Hotel Portland or to install a gltio fac levy next to the city hall or to erect a boiler shop adjacent to the First Congregational church. Such things would b. legitimate but for the restraint of the police; power. The difference between such instances and the present contention is in degree and not in principle. "Applied to the present situa tion, it Is very clear that a cream ery, with its boilers, milk can'i, delivery trucks, piocess of manu facturing and fire risks of the business, requires treatment in the way of regulation different from (Continued on Page Nine) EASTERN OREGON Fenillclon, Nov. 3 Pendleton and must of Umatilla county lies under a white blanket as the re mit of snow that (ell here early this morning. Nearly an inch of now fell, the fall ceasing shortly after seven o'clock. This Bnow constitutes the first real moisture that this area has had for some months. Klnmalh Falls, Ore., Nov. 3 A two inch fall of snow blanket ed Klamath Falls this morning and with the weather cold atad cloudy there was every Indication the snow would remain through out the doy with another fall pre dicted for tonight. La Grande. Ore., No. 3 Win ter, after delaying its first, ap ponrance in tli! section for a few weeks, descended upon the Grande Rondo valley this morning. Snow began falling at about 7 o'clock, with the temperature below the freezing point. Hardly discern ible at firt. Ihe fMk?s -began growlnt; larger until by 9:30 a. m.. half in Inch of niw cnvord !.a Crnmlr. with t': snn?;'il1 In creasing. No wind was noUre-Ible. C aoftal JWournal GOOD EVENING WORDS and MUSIC By Stoddard King THE LITTM2 STRKPTOCOCCUS The giant gynscutus Is u most Im posing 1 icast, Which ihhmIh n brace of elephants to make Itself a feast. But the little streptococcus Is so very, very small That only in tho microscope can It be seen at nil. The giant gyasciitus when It flour ished in tho land. Cumo crashing through 11 u; forest, ciiinc sloshing through the smid, But the 111 tie streptococcus la bo vory, very still That you can not, heart It coming, listen closely its you will. The Utile slrcpioccus, In Its meek ami iiuhh-mL way. Goes pussyfooting to ami fro and seeks whom It nmy slay; And no ono knows tluit It Is near until the autumn lirwzc Wafts gently to the waiting car the Cl'flO Ol II H1UM'7X Ami once yon have received the streptococcus as a -guest. Your only course of action lies in keeping for the best, For every remedy you will try only drains your piu-.se, And every day, In every way, you will grow worse and worse The giant gyascuiiiK hns the wallop and the punch, They sny he cuts a mnslodon to make n frugal lunch Bui the lit t lu streptococcus, you'll avoid him if you're wise, For he holds the cosmic record for n critter of his size! The coroner's chemist of Cook county, 111., reports; We feed moonshine liquor to rats and their hair falls off. It acts the sumo way on human be ings. You used to have to chew a clove Now you have to buy a toupee. Every soldier of the Spanish ex peditionary force In Morocco has been ordered to grow a mustache. This will go down In tonsoiial his tory with the time the soldiers of the legion lay dyeing in Algiers. (Copyright CLUBS MEET TO DISCUSS LOCAL ISSUES TONIGHT The public meeting of the fed crated clubs of Salem tonight the chamber of commerce rooms will take under consideration not only tho question of a community chest for the city, but possibly the much discussed bridge pragram, the purchase by the city of the lo cal water works, inauguration of a uniform system of street plant ing, or any other question those present may see fit to bring up "Whatever they want to discuss at the meeting, we'll discuss, although the meeting is primarily for the purpose of considering the possi bility of a community chest for the city," said Dr. Henry Morris this afternoon. Dr. Morris, presl dent of the Salem federation of clubs, has called the meeting. About 50 or 60 persons are ex pected at the meeting. "Probably one of the first htin: we will discover will be the fact that a community chest is not cure-all," says Dr. Morris. "I feel that we will have to look into th thing very carefully from the small town standpoint before we adopt it at all. I believe, also, that we can hardly expect to get it into op- eration before next year." Voters of New York Pass Judgment on Al Smith's Policies New York, Nov. (AP) Gov ornor Al Smith's battle for a new democratic mayor of New York was before some 1,200,000 voters today for decision. The voters of the entire state passed upon his efforts to amend the state consti tution. Tammany Hall waa highly con fident of electing as mayor State Senator James J, Walker, former song writer and sponsor of legis lation permitting boxing and Sun day baseball and movies. Tam many predictions of Walker's plurality ran from 300,000 up. Walker was a 15 to 1 favorite In speculation. Some republican M FRENCH 10 E VOTE Second Painleve Ministry Outlines Policies And Demands Immediate Action By Deputies, Paris, Nov. 3. (A. P.) The chamber of deputies tonight gave vote of confidence to the new Painleve cabinet The vote was officially an nounced as 221 to 189 In favor of the government with 121 dep uties abstaining from voting. Paris, Nov. 3 (A.P.)-The second Painleve ministry may know its fate late this evening. Tho pre mier, having accepted immediate discussion of Interpolations on his general policy intends to push it through to a vole before adjourn ment of the chamber. Policies Announced Paris, Nov. 3. A. P.) Restora lion of the French treasury and improvement of the French flnan cial situation, of which the Am erlcan debt settlement is one of the most Important features,'' domin ates the ministerial declaration ith which the second Painleve cabinet faced parliament today. Although emphatic in expressing determination to arrive at a dif ferent settlement of the debts to America and Englnnd, the declara tion does not mention the means by which the settlement may be reached. It snys: "However great might be tho Internal effort- of the coun try, it cannot differently shelter the franc from all risk so long as wo have not concluded an accord on the war debts with the great friend ly nations. ehl Settlement Ann Therefore, we intend resolute, to pursue, with the determination necessary to complete It, an emnt- abli solution of the negotiations begun In London and Washington by the preceding government. The effort that tho nation uscii will make to save itself will at the same time bo tho best guarantee for the success of tho negotiations. Solution of tho financial crisis, : the government holds, depends upon a sacrifice, "national ex ceptional nnd Immediate, to the end that the debts be reduced, the franc stabilized and the budget balanced." Would Tax Wealth For reduction of the debts, the government proposes taxation on all forms of wealth, the proceeds to be applied outBldo of any budget requfrments solely to debt reduc tion and to be Independent of all state control. The Moroccan menace has dis appeared, the declaration says, but it. Is less optimistic concerning Syria, where it admits that "grave events have occurred." , The government says In this con nection It will maintain calm, ab soluto impartiality and restore peace in Syrin. Concerning tho events themselv es, the government is seeking pre cise information with which it will Inform parliament, and will take the necessary measures to prevent recurrence of the trouble. spokesmen predicted the election of the republican candidate. Frank D. Waterman, manufactur er and a novice in politics. Predictions over four constitu tional amendments were not so certain as in the mayoralty fight, though confidence was expressed by their supporters. One would provide a $100,000,000 general public improvement bond issue another a bond Issue of $100,000, 000 to eliminate grade crossings, and the other two would make pos slble state administrative and ju diciary reforms. Governor Smith (Continaed on Page Ten) CABINET ML SALEM, OREGON, TUESDAY, i - PROHIBITION AND KLAN ARE ISSUKAGAIN Modification Of Volstead Act And Control By Ku Kluxers At Stake In Elections Today. Washington, Nov. 3. (A. P.) Prohibition and tho Ku Klux Klan furnish the issues in some of the more spectacular of tho election contests which arc- to be decided today in 13 states. The wet and dry question Is right at the front in the New Jer sey gubernatorial contest with Harry Moore, the democratic can didate, declaring for modification of the Volstead net and repeal of tho.' state enforcement act, and State Senator Arthur Whitney, re publican, favoring enforcement of both of those acts. Klan Raises Head. The Ku Klux Klan hae been raised in the mayoralty fights in Detroit and Louisville, Ky. Pro hibition also has figured in the Detroit contest. The campaign for mayor of New York waa be tween Stato Senator James J. Walker, democrat, and Frank D. Waterman, republican. tn the Detroit non-partisan elec tion, supporters of Mayor John W. Smith, have accused Charles Bowles, the opposition candidate, with being a klan candidate. Bowles denies he is a member of the klan and c liar gee that Detroit is a "wide open" town which he promises to "cleat, up. Kluxer Forced Out. injection of the klan issue In the Louisville mayoralty fight had an unusual result, William T. Baker withdrawing as the demo cratic candidate within 48 hours of the election after the republican committee had offered a reward of $1000 if he could prove that he (Continued on Page Nine) 10 GOVERNORS Portland, Or. Nov. 3. (A. P.) Governor C. C. Moore of Mon tana and Governor Walter M Pierce of Oregon, tho one ardent advocate of the merits of the Aberdeen-Angus as beef stock and the other o; Herefords, ar rived at the Pacific International Livestock exposition here today, so early that the leception commit tec missed them. When the reception committee found tiie two governore, they were busy helping an exhibitor corner a refractory shout. "Welcome to the Pacific Inter national Livestock exposition and W9 fell ourselves much honored to have your excellencies hero governors' day," btgan the recep tion committee. "Sock him on the snoot,' sug gested Governor Pierce, "that 11 turn him.1' 'Don't tell me," replied Gov ernor Moore, following ihe direc tions. "I was raised with em, When the choat was safely rounded up, the governors resumed their official dignity and express ed themselves in turn delighted to be there and then wondered off ar.Ti in arm to watcii me eei siock judging which was under way in ihe main arena. JUDGE SK1PW0RTH IS APPOINTED AS REGEN Judge G. F. Skipworlh of Eu :ene was today appointed by Gov ernor Pierce as a member of th board of regents of the University of Oregon, succeeding the late C. E. Woodson of Heppner, whose death occurred recently. Judge Skipworth has for many years oc cupied the circuit court bench in his district, having succeeded Judge L. T. Harris whm the lat ter was elected to the supreme court. NOVEMBER 3, 1925 IF YOU WERE A COUNCILMAN? . If you were a city councilman what would you do? What improvements would you sponsor? What existant evils would you seek to correct? Constantly the city council is subjected to the criticism of the public for its acts of commission or omission. Seldom are these criticisms accompanied by any con structive suggestion of a remedy. For the council to determine just what the public does desire is next to impossible unless the public's wishes are made known. For the most timely and constructive suggestions as to the city's needs the Capital Journal offers three prizes of $10, $5 and $2.50. The contest will continue through the month of November, with a portion of the contributions being printed daily. The suggestions should be written on one side of the paper only, be not over 300 words in length, and sent to the Contest Editor of the Journal. Following this announcement are complete stories of what transpired at last night's meeting of the council, giving an idea of the problems now confronting that body. How would you solve them, and what other matters do you suggest need at tention ? Just what would you do if you were a councilman ? TAXI LICENCE BILL VETOED Ordinance Forlncrease In License Fee Killed By Mayor; Spur Franchise Also Defeated. On grounds that the ordinance is in conflict with the state auto motive transportation law admin istered by the public service com mission, Mayor Glesy last night vetoed the bill making the annual license fees of Salem taxicabs $b0 nstead ol $2o. Tho bill would be a tax for revenue and not for regu lation, he said, and cited the fact that the title of the bill uses tin word "tax." The veto was sus tained. When the Btate fair approached the council as usual increased tax icab fees from $25 to $100 a year for the purpose of keeping taxi- cabs from other cities out of Sa lem during etaie fair week. AfUr tho fuir a bill was Introduced to reduce the licence fees again, but to ?fu instead cf $25. This was the bill vetoed by the mayor. He said that a bill would be brought in at the next meeting to put the fee back to $25. Vetoes Sour Permit. For -the reason that there Is no time limit in the measure the may or also vetoed -he bill passed two weeks ago granting a franchise 10 the Western Paper Converting company and the Southern Pacifi company to build an industry spur track on I-rout street. Themayjr said ho would U"t object to Ihe measure if a time limit were fixed and the ordinance committee and the city attorney wero instructed to bring in a bill at the next meet ing making the. limit 25 years. It was eaid this will not delay the building of the spur because Its construction will go ahead with out waiting for the passage of the bill. Alderman Williams was of I lie opinion that the new ordinance ought to contain a common user clause, but Itosubruiigh said hh committee had inquired and found that an agreement exists between the Southern Pacific and the Ore gon Electric whereby both may make use of the spur. "I don't go much on gentlemen! agreemente," said Williams. "They sometimes blow up like bombs Also I doubt it the city has thorlty to grant a franchise wl'h out a time limit. I think the state has that authority but not the citv." Alderman Purvlno eaid that un dc present conditions he could see no reason for placing a time mm in the measure, but Mayor Giesy said he was not in favor of the city's giving away any priivleg' without limit. Patton regretted thai this de fee: in the iwanire had not been discovered earlier, expressing th fear that It worfd hold up the pa nei converting company in goln ahead with Its construction. Mayw Gtcsy said he would be willing foi a snec al meeting to be caucu night or any time lo pass the ordi nance, but assurance was give that a two weeks delay In the ord nance would not stop the coinpan from going ahead. Stoneham. Mass. Horrors of Sunday's storm: ten polecats 1 "aped when the pole blew down barn. Suit Looms Over Paving Assessment Apparently the city must Btand lawsuit over the assessment for the improvement of North Winter street from D to Market. Several persons represented by Carl T. Pope threatened to bring an injunction suit against the city to stop the assessment If the levy was made on property to tho cen ter of the block. Neverthelss the council went ahead last night and passed an ordinance making the levy in that manner. The excuse for this. was that another group of property owners on the street threatened to Biie if the levy were not made to the center of the block. 'We are between the devil and the deep, blue sea eaid City At torney Kowitz, " and are to he sued, Jt seems, whatever wo do, The city charter soya the assess ment must be to the alley, and if there is no alley then to the cen- (Continued on Page Ten) T 12 After much quibbling about an appropriate date for tho annual city budget meeting and an emer gency cal 1 to Cou n ty Assessor Steelhammer to aBk for an exten sion of tiie time limit in which the budget must be In his hands, the city council kfit night called tho meeting for Thursday night, November 12. All but three of the 15 members of the citizens' budget committee were named, the mayor and each alderman being allowed to name- on c. Alderman Johnson, ilcrrlck and Wenderoth wore absent when the appoint men to were made. These chosen by the mayor ami the several aldermen were as fol lows: IJy the mayor, P. M. Gregory, by SimeraJ, Wayne M. Price; by Eng strom, U. S. Dotson ; by Hose- braugh, Walter E. Kcycs; by Pat ton, Joseph 11. Albert; by Uancy Earl Simpson; by Purvine, U. G Holt; by Thompson, Dr. E. E Fisher; by Williams, Charles E Knowiand; by Galloway, Earl Itace: by Alderin, Kalph Thomp son; by Gfabenhoret, iivrenco K Oberer. Alderman Johnson had sent In n written choice for his candidate, but this was for Earl Simpson, tin same man chosen by uancy, fit Johnson will have lo name anoth er. The council is behind in draw Ing up the tentative budget am will be unable to get it Into th' hr.nds of the county assessor by December 1, Ihe date required b law. When thin borame apparent last nieht a hurry call was sen for Assessor Steelhammer. When he appeared he was given the floor and asked If he would grant the nit y an extension of time. He agreed to Rn extension of 10 day. which most of tho nldermen be lieved would be enough. Home members urged that the Annual budget meeting be held (Continued on Page Ten) DTJTPm TTJPT?T? PTPMTQ ON TRAINS AND NEWS rKrOEl ltltVEjEj ImiCjINIO STANDS FIVE) CENTS CONCRETE AND IE Controversy Bobs Up Over Kind of Paving To Be Laid On Wilson St. Next Spring. Wholher Wilson street shall be paved with concrete or blacktop pavement when the next paving season rolls around Is a question that has to be decided by the city council, notwithstanding thero is an adopted policy at least Borne of the council men say thoro Is that tho city use concrete only. The question came up hist night at the council meeting when V. J. JJoehrlnger, representing a num ber of property owners of Wilson street who petitioned for concrete pavmncnt, said that a remon strance, had been filed sufficient to kill the improvement, but that the remonstrators wero willing for blacktop pavement to be put In Those who petitioned for concrete would accept blnclctop, he said, rather than go without pavement The difference In cost of the two materlnls caused the remonstrance Concrete Favored Alderman Dancy declared he was opposed to blacktop because of tho city's experience with II and cited the fact that a policy against it had been adopted. Alderman Hoscbraugh said he was of the same opinion ns Dnncy and that it was up to tho Wilson street people to put up an argu ment for blacktop. If they pre sented sufficient reason he said he miffht vote for It. 'I m not on record ngalnst hlneklnp," said Patton. "nnd would like to be shown when the city adopted any policy against It Tho people of Wilson street are going to pay for the pavement, why not give them what thev wnnt." "Whenever Alderman Patton has nn audience," retorted Itose- brnugh, "he Is always ready to alk. Tho council Is on record agninst blacktop and ho knows It." Mnynr Glesy asked the members Continued on Pago Ten) BLACKTOP V School Budget for Coming Year Shows Special Tax Needed The annual budget of school ex penses for the city of Hulem will show a deficit of $9,1Q0 that can bo rained by no method except by a tax voted at a speclnl election of tho pc'plc Tho budget has been prepared by fleorco Huff, super intendent of schools, for presenta tion of a special meeting of the school board and budget commlt- teo tnnlpht. Total running expenses are f 22, 100 more this yenr than last year, according to tho figures of tho budget. Increaso in revenue. In cluding the 6 per cent maximum increaso permitted by state law. will amount to enough tu tiring FAIR AND COOL Tonight and Wednesday. Freezing tern peraturea In east portion tonight, gentle variable win da, Local: Max., 65, min., 40, rain, 37, river, 2.3, atmoB cloudy, wind, south. FULL EXPOSE OF AIR CORPS NOW INSURED Court Martial Grants Re quest " Of Defense For Records Bearing Upon Air Service. ---"' Washington, Kov. 3 (A. P.) The court martial trying Colonel " William Mitchell held today that he was within his rights in asking for the testimony of a long list of witnesses, including three cabinet officials In defending himself against tho disciplinary charge growing out of his attack on the government's ah policy. After the court had examined tho list, Major General Robert L. Mowze, presidem of the tribunal, directed the prosecution to "take mmcdiate steps to proceed to fa cilitate the defence by securing th. witnesses am', documents call ed for. An adjournment then wntf taken until Monday to permit preparation and service of sub poenas. On the list are Secretar ies Davis of the war department, Wilbur of the navy department and Jnrdine of the agricultural department; Everett Sanders, sec- otary to President Coolidgo and many high rnnkng army and navy officers as well ns others in civil life who have had contact with teronautics. Given Free Hand. Some of those named are in Honolulu and other distant places and it waa Indicated that no de cision had been reached as to whether nil of them " would bii brought hero. The action of the court apparently means that Col onel Mitchell will be given a free hand in threshing out the whole aircraft controversy in court, lu un iiltemnt to prove that he was Jus- tif.ed in charging that the army and navy air Borvices were being administered with criminal and ill most treasonable neglect of tho best interests of the country. Voluminous documents now in the government files, including war and navy department records anl copies of such letters as may liavo been written anaeceivco ny President Coolidgo In regard to the air controversy are called for as a (Continued on Page Ninei FOR BIG TAX CUT Washington, Nov. 3. (A.P. President Coolidge to hopeful that taxes can be reduced by more than $:i00,0U0,000, although he believes no wife maximum can be fixed un til the budget for the coming fiscal yenr is completed. Sccretnry Mcllon's recommednn tion was for the reduction of from $50,000,000 to $300,000,000, but it was disclosed today at tho White Mouse that tho President was not convinced the cut would have- to be held within that limit. Estimates made in congress havo run nil tho way to $r00,000,000. the totnl increased expenses down to the figure named, slightly la than I0.0U0. -This sum Is the absolute min imum that the deficit will amount to." said Superlnltnilent Hug this morning. "As a matter of fact it may easily bo consiilenrfoly more. Only 11000, for Instance, has been allowed for tho emergency fund. It should b at least $5000 to bo on tho safe side." Th" estimate as compiled by Mr. Huif tnkes Into consideration only expenditure so definitely in tihl thnt ihey. cannot bo avoided. It mnkrp no allowance for thy re- (Continued on Page Ten)