Capital journal., November 21, 1925, Image 1

FEE CLAIMS OF JUSTICE COURT ATTACKED
& apltalfamirinial
CIRCULATION
Dally average net paid circulation tor
month ending October II, 1926
FAIR TONIGHT
and Sunday. Fr'eeislng temperatures in
east, frost In west portion. ' Freeh east
erly winds.
Local: Max., 62; min , 31; rnin, none)
a I in os., clear;, wind, north.
7352
Average dally distribution 7753.
Member Audit Bureau of Circulations.
FORTY-SEVENTH YEAR No.
SALEM, OREGON, SATURDAY," NOVEMBER 21, 1925
PRICE THREE CENTS 91 trains and nbws
mmju AnmO 8TANU8 PIVB OENTB
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28 ILLEGAL
HEMS CUED
BY M'MAHAN
Protest Made To County
Court On Bills Submit
ted By Justice Small
For Court Actions.
Following investigation of 28
claims for fees made against the
county by Justice of the Peace
Brazier Small ranging from S5.7S
tlown to 75 cents, Circuit Judge
McMahan, in the role of private
citizen, has addressed a letter to
the county court protesting against
the payment of the claims in ques
tion on the ground they are illegal
and not proper charges against the
county.
"In justice to the official claim
ing the various amounts to the
payment of which 1 object, it is
only fair to state he has only fol
lowed orecedenta hoary with age;
that they are not established by
him," states Judge McMahan in
bis letter. "However, an Illegal
claim can never ripen Into a legal
one by lapse of time nor wrongful
precedent become a guide for fu
ture rulest"
Expense Duplicated,
Judge McMahan. in his letter,
utters a protest against an alleged
nractice for police officers of the
city to make arrests of persons
charged with - some offense of
which the recorder's court has
Jurisdiction and file such cases
with the justice or tne peace, ue
clarihg these should he tried by
the recorder as ex officio justice
with no expense to the taxpayer,
rather than taking them before
Justice Small, who may exact fees
from the county for the same.
He further declares that the
court has no .authority to pay for
Issuance of a search warrant Is
sued on information or belief, or
lor any other costs growing out of
the issuance thereof, as, he asserts,
no search warrants can be legally
Issued in the state save upon prob
able cause.
Another alleged evil he hits at
is arrest of divorced men for non
support and bringing them bewre
the justice for trial, asserting that
such cases can be handled through
the circuit court where the orig
inal alimony order was entered
without cost to the taxpayers and
that In addition non-support can
not be charged against a divorced
person as the parties no longer are
husband and wife. Members of
the county court declined to com
ment on the letter today, although
they received It.
After enumerating the 28 claims
which he declares the county court
chould not pay, Judge McMahan
writes the countv cmit a-i follows:
Charges Held Uleeal
"It is apparently customary for
police officers of this city to ar
rest persons charged with some
offense of which the recorder's
court has jurisdiction, and the
police officers often file these
cases with the justice of the peace,
and when they are disposed of,
the justice of the peace files
claims In this court for fees.
These cases should be tried in the
police court of this city where the
officers are all upon salaries,
thus making no expense whatever
to the taxpayers. My interpreta
tion of the law Is that these
made and unnecessary expenses
are not properly a charge against
the county.
"I also find that In one of
these cases a man of wealth and
position has been arrested and
the case continued awaiting a de
cision of the supreme court upon
the questions involved In the war
rant of arrest. This case has not
been disposed of and there can be
ao claim made against the coun
ty, at this time, for fees whereas
the aggregate fees in this case
eharged against the county
amount to $7.20. If later on it is
lound that the defendant is guil
ty, It tfl the duty, under the law,
of the justice of the peace, to col
lect these fees from the defend
ant, not from the county.
Warrants Held Illeeal -
1 also find that n&arch war
rants are Issued! baeed upon In
formation and belief. I advise
you that no search warrant can
te legally Issued In this state ex
cept upon probable cause, and that
a search warrant issued on In
formation and belief Is wrongful
ly Issued and that you have no
(Continued on Page Thirteen)
GOOD EVENING
WORDS and MUSIC
By Stoddard King
EN ItOUTE
We are all of us bound for Utopia,
Euch In his own pet way.
Soma of us vote for tlte single tax
And some cat Shredded Hay;
Our methods differ, our goal Is the
same, ,
Goldcu and far away.
Otonia lies at the end of tlte road,
Iiutth erondmups disagree,
For some upproueli It by linytimiic
Thought,
And some by Sassafras Tea,
Ana tno rona uuii iuoks cutty uuu
straight to you
Doesn't appeal to inc.
Kind friends are willing to help us
out .
(At only a slight expense)
By selling us books Hint are guar
autccd -"" "
To foster our nsvclilc sense.
Or by letting us give them public
johs
As fields for experiments.
I'm off for Utopia, so are you,
Flvlncr a faddish fentlier,
On different paths, hi different
moods.
Through different kind of weather,
And it wouldn't surprise me a sin
gle bit
If wo both arrived together!
The headline was from the New
Vork World, and rtt said:
"FASCISTI HAVE BIG FETE."
What our informant wanted to
know was: "Did you ever see sucn
poor spelling?"
Annie week Is being celebrated
hero and there, and the fact that
most of what has been said ana
written about It is the applesauce
will be, fortunately, rather appro
priate than otherwise.
One Kood reason for celebrating
apple week is that you almost
never run across a Ben Davis apple
any more.
(Copyright 1925)
SERVICES HELD
Sandrlngham, Eng., Nov. 21
(AP Private family services for
Dowager Queen Alexandra were
conducted today by her chaplain,
Rev. Dr. Grant, In toe bedroom
of Sandrlngham house, where the
body is lying.
The king and queen and other
near relatives attended.
Dr. P. J. Williams, who attend
ed the queen in her fatal illness.
told the Associated Press:
"Queen Alexandra was uncon
scious to the last. She uttered no
word. The end was the most
peaceful anyone could possibly
wish."
A singular coincidence occur
red in connection with the death.
The visitors' book of Sandrlngham
house, in use for 35 years, was
completed, the final signature on
the last page being made within
few hours of the queen s pass
ing.
In London from 8 to 9 o'clock
the big bell in St. Paul's tolled
out sonorously the tale of the
passing of Great Britain's royal
iamiiy. it Is only when a mem
(Continued on Page Thirteen)
f You Were a
. City Councilman?
NOTE For the best letters of 300 words or less submitted
during November the Capital Journal will give three prizes of
110, (5 and $2.60. The letters must be on "What You Would Do
If You Were A Councilman" and should be addressed to tho
Contest Editor. The letters muse be signed by the name and
address of the sender, but tho letters will be published by num
ber only, and the judges will Judge them before learning the
names of the' writers. ,
Number Thirtv-eieht.
Contest Editor: It I were a
city councilman, I would work to
the best of my ability for the In
terests of all the citizens of Salem.
First, I would use my influence
to have the Fairgrounds road
paved, especially since 75 per cent
of the taxpayers on that street
have petitioned for it. I would
treat the taxpayers on that street
exactly as I would taxpayers on
other street of the ctiy. 1 would
not be influenced by the fact that
there Is a street car line on the
street and that the Southern Pa
cific company might object to
making the Improvement required
along their tracks, that street
AT
SfllCORD
Annual Agricultural And
Industrial Exhibit At
Armory To Close Doors
This Evening.
The corn and industrial show
will close at 10 o'clock tonight,
exhibitors being given permission
to start tearing down their ex
hibits at 10 o'clock, but not a min
ute before that.
Yesterday crowds exceeded all
records for any past corn shows
and even a bigger record Is ex
pec ted for today if it is possible to
jam any more people into the
armory. Visitors surged past the
exhibits by hundreds during the
day and evening end compliment
ary expressions were heard on ev
ery hand.
Tonight the Rev. U. S. Crowder
will give an address at the show
on the economic development of
the Pacific northwest. No music
has been provided for tonight and
aside from the speech, there will
be no distractions to keep people
from making a careful survey of
all, of the exhibits.
White the number of entries in
the corn and similar exhibits Is
not quito eo large this year as last
the qualtiy has been high and
many expressions of delight have
been heard, particularly from farm
ers as to the beauty of the dis
plays.
The community exhibits are of
an exceedingly high order, giving
a birdseye view of the lending
products of the various communi
ties and showing in a manner tnat
hundreds of pages in pamphlets
could .not depict just what the
Marion county farmer can" do with
his soil under the climatic condi
tions accorded him. Industrial
exhibits as well have been of i
hiKh order and numerous compli
ments have been heard in regard
to them.
I
OFFER REJECTED
Washington, Nov. 21 (AP)
The American debt commission
has declined to accept the first
formal offer for a funding of
Roumania's debt to the United
States, and today submitted to
the Roumanla commission a coun
ter nronosal.
The formula submitted to the
Rumanians is substantially the
terms of the British-American set
tlement with modifications to
meet Roumania's particular sltua
t on. .
The Roumanians have promised
a reply Tuesday and both com
missions appear to expect a set
tlement. especially needs improving as It Is
the most direct route Into the city
from the north,
I would not by my vote allow
the Southern Pacific company to
fill In along their tracks with
crushed rock, on a street the prop
erty holders had prayed to pave, as
was done on Hood street. If the
Southern Pacific compnny threat
ened to remove their tracks from
the street if they were compelled
to pave, as 1 understand they did
on Hood street, I would say to
them, remove them P. D. Q. They
would get just the same treatment
at my hands as other taxpayers.
Then I would do nil In my power
CROWDS
SHOW
(Continued on Page Thirteon)
HARVARD AND
YALE BAM
I
E
Crimson And Blue Teams
Fight To Stand Still In
Annual Classic Before
Crowd of 53,00.0.
Harvard Stadium, Cambridge,
Mass., Nov. 21. (A. P.) Yale
and Harvard fought a desperate
scoreless battle today before i
crowd of 53,000, thereby furnish
ing another upset in this remark
able season of reversals. The Blue
was a warm favorite. The Blue
was in a position to score several
times but Harvard braced at the
critical moment, aided by mis
plays. All the historical color, glamaur
and drama of this claseic of foot
ball classics greeted the 63,000
persons who swarmed the stadium.
First Quarter.
Harvard kicked off to Potts,
who run the ball back to the 42-
yard line. After a few short rush
es Yale punted to Harakov, who
fumbled and a Yale man swooped
upon the ball on Harvard s
yard line.- Short rushes made it
first down.
Harvard put up a strong defense
ana uapam uucck i in any grao
bed a Yale pass back of his own
goal line. The Crimson punted to
Fishwick, who fumbled but re
covered the ball on the Blue's 42
yard line.
After a punting duel, Fishwick
ran from Yale's 29-yard line to
the 43-yard mark. Harvard broke
up Yale's passing game and the
Blue punted to Harvard e 27-yard
line. Score first period: Harvard
0; Yale 0.
Second Quarter.
At the opening of the eccoutt
period Yale took the ball on downs
on ita own 45-yard line. Harvard
smothered the Blues passing at
tack and Yale punted to Captain
Cheek on his own 3-yurd line, in
stead of kicking Crosby went
through the Hue for ten yards.
Harvard could not advance and
kicked to Fishwick, who ran ten
yards. The Blue made Bhort gains
through the line but Harvard
broke up attempted passes and
Allen kicked over the Crimson
goal line. A pass, Cheek to Cros
by netted seven yards and Miller
and Crosby made It first down.
Harvard was obliged to punt and
both teams resorted to the kicking
game. The period ended whn Yale
in possession of the ball on its 30
yard line. End second period:
Harvard 0; Yale 0.
. Third Quarter.
Getting the ball on the kickoff,
Yale by short d aches carried to
the Crimson's 34-yard Hue. Kline
and Allen did the hulk of the
running. Harvard again solved
the Blue's forward passes and
finally got possession of the ball
on its own 45-yard line.
The Crimson attack was not
consistent and Coady kicked to
Fishwick on his 22-yard line. Yale
bucked the line for two successive
first downs. Allen on the next play
went through for 10 yards. Stone,
a Yale substitute, made a 12-yard
run around right end, placing the
hall on the Crimson 28-yard line.
Harvard made a great stand and
took the ball on downs on Its 23
yard line, Yale's great march down
the field going for naught. Cutler
broke through the line and tackled
Captain Cheek for a loss of five
yards. Harvard kicked to Yale's
50-yard line. Yale had possession
of the ball as the period ended.
End third period: Harvard 0; Yak-0-
REDISCOUNT RATE ON
COAST IS ADVANCED
San FranclBCo, Cal., Nov. 21
(AP) The federal reserve bank
of San Francisco announced to
day an ! crease of Its rediscount
rate from 3 to 4 per cent. The
inrreasc becomes effective next
Monday.
FOOTBALL FINALS
Georgetown 27; Ford li am 0.
Columbia 40; Alfred 0.
Lafayette 14; Lehigh O.
Michigan 35; Mlnnesoln 0.
JToly Vmm 4H; Boston O.
Brown 88; New Hampshire 14.
Army 44; Vrslnns 0.
Indiana O; Perdue 0.
0 NO OR
JBtLziLzi
BY ILLINOIS
SCORE 14 9
Red Grange Leads Team
To Victory In Last Inter-collegiate
Gridiron
Game Of Career.
' Ohio Stiulium, Columbus, Ohio,
Nov. 21. (A.P.) Captain "Red"
Grange finished his brilliant In
tercollegiate gridiron career today
by leading Illinois to a 14 to 9 vic
tory over Ohio State before a rec
ord breaking crowd of 85,500 spec
tators. .
First Quarter
Though Grange during the few
plays made two runs netting 13
and 12 yards each, it was Britton
who carried the ball across for
Illinois' first touchdown. Britton
also converted.
On the first play after the
kickoff Marck passed to Grim tor
53 yards. Taking the kickoff af
ter Illinois had- gathered seven
points, Grange returned tho ball
20 yards and. on a subsequent
play made seven yards around end
before being thrown out of
bounds. The period ended 1111-
ols 7; Ohio State 0.
Second Quarter
Receiving Cunningham's sixty
yard punt at the beginning of the
second period, Grange returned 6
yards. Cunningham Intercepted
Britton 's pass on Illinois' 36
yard line but Ohio State's falling
again by plunging,, punted.
Grange attempted a wide run but
Clark broke through and threw
him for an eight yard loss.
With. the ball on Illinois' 20
yard line, Grange gained flvo
yards around end, but this was
lost on penalty. Daugherity miss
ed a pass from center, the ball
bounding behind the goal, where
be fell on It for a Bafety. Grange
later got away for 25 yards. Two
suosequent passes by Grange on
abled Kassel to make Illinois' sec
ond touchdown. Britton again
kicked goal. The score at tho
half was: Illinois 14; Ohio State
PUTS AGGIES IN
LEAD AT BOISE
Third period: O.A.C. 14 Idaho 7.
Boise, Idaho, Nov. 21. (A. P.)
Flret period: Oregon Aggies
drew first blood soon after the
game got under way In the first
period. . Powers of Idaho tried to
punt and Luby of O. A. C. recov
cred behind the Vandal line for a
touchdown. Snider kicked goal
the etxa point. I'lay ended with
the ball on O. A. C.'h 17-yard line.
Another seven points was added
to the Aggfes' score in the second
period. The ball was carried 25
yards py Luby to the Idaho one
yard l ie and bolder then went
over right guard for a touchdown
Schulr wich s attempt for the ex
tra point failed, but Idaho was off
side and It was allowed, making
the score 14 to 0 in favor of Oregon
Aggies -vhen the half ended.
COLUMBIA TO PLAYM.A.C.
AT ML ANGEL SUNDAY
Mt. Xng.;l, Or., Nov. 21. The
Mt. Angel college eleven will meet
the strong Columbia university
team on the college gridiron on thu
hilltop tomorrow afternoon begin
ning at 2:16 o'clock. This Is
called "the biggest little game In
the northwsst," and each year 1b
blUerly contested. Last year the
game was played on Multnomah
field with Columbia winning by a
email margin.
Conch Joe Koberger things his
Angel team will win this year.
Durim the entire season they have
been scored on only once by the
O. A. C. Konkfl, Columbia Is equal
ly an " nt virtorv.
UVI
CONVICTS AT PEN RIOT
8T 88 83
Ask Liberty
88 88 88
EIGHT SENT
The "bull pen" at the state peni
tentiary is filled to within one of
Ita capacity, It became known to
day, as a result of a noisy riot In
which 15 or 20 convicts partici
pated last Sunday night. For!
about an hour, 'according to offlc-j
lal information the convicts turn
ed tlte prison Into a btdlam by yell
ing and pounding on the walls and I
doors of their cells. Three win
dows were broken, presumably by
tobacco tins being thrown from the
cells.
The tumult was quieted when
eight of the leaders were rounded
up by guards and chucked Into the
bull pen where they are still being
kept In close confinement. The bull
pon now has a population of 15,
and its capacity In only one more.
The motive back of the demon-
BY LOSS OF COIN
Eugene, Or., Nov. 21. Auour-
ont kindness in response to a pica
tor help turned out to be a holdup
on tho Pacific highway north of
Eugene last night, when E. A.
Lewis of Klamath Falls was rob
ber of $55 and forced to walk
three miles to Eugene.
Lewis was returning from rrort-
land and was repairing a leaky
tube In one of his rear tires. It
was at about 9:30 o clock.
A touring car drew ud along
side.
'Need any help?" queried the
driver.
"No thanks, just a slow leak.
I'll be In town In ten minutes, und
have it fixed," Lewis replied.
But the driver's companion
alighted, und walked around back
of Lewis machine.
"Sure you don't need any help?"
ho anked.
"No, thanks just the sumo," was
Lewis' reply as he beamed on his
benevolent friend.
"Then If you're quite sure you
don't need any help, we do. Stick
em up!
Lewis- felt the muzzle of a gun
In his back and he reached for the
sky.
Four cars passed during the
process of robbery, but none of
them stopped. As each car neared,
Lewis was forced to lower hi?
hands and to raise them again as
the cars were gone.
After robbing Lewis of all the
money he had the bandit tcre out
part of the distributor on Lewis'
machine and then climbed back
In the car with his companion,
who had not left the holdup auto
mobile. The bandit car tlnyi sped
on Its way, with Its lights out.
Lewis walked to town.
Washington, Nov. 21. (A. P.)
The department of commerce
announces that, according to re
turns received, there were In Ore
gon, for the calendar year 1924,
69 G 7 marriages performed and
2945 divorcee granted. For tin:
calendnr year 1923, 7151 marri
ages and 2894 divorces were re
ported.
The decrease in marriages re
ported for 1924 from tho numbor
reported for 1923 is 184 or 2.0
per cent. The divorcee reported
for 1924 show an increase of 51
or 1.8 per cent over the number
reported for 1923.
The statistics of marriage for
1924 were furnished by the state
hoard of health and those of dl
vorccs for the same year by the
county clerks. The figures are
preliminary and subject to cor
rection.
It Is estimated that more than
$1,700,000 In wage will be lost
to mine worker every day the
present coal strike In Pennsylva
nla continues
83 83 88 83
for Slayers
88 ' 88 88 83
TO BULL PEN
atration by the prisoners appears
to have been one of the sympathy
for Frank Fallen, who was on
bread and wnter In the dungeon,
and for Tom Murray, Ellsworth
Kelly, James Willos and W. R.
Lloyd, all of whom aro under sen
tence to death. It was the conten
tion of the rioting convicts that the
condemned men should be turned
into the yard along with tho other
oonvlcts during the day and not
be kept constantly in their cells.
It Is believed tho riot started with
Fallen. Ho Is the convict to whom
Nagel Sorhus, a fow weeks, ago,
attempted to smuggle a gun from
outside tho walla, some of the of
ficers believing the gun was really
Intended for Tom Murray, who was
then on trial for the murder in
(Continued on Page Thirteen)
SECRET BALLOT
A reso: u t i o n attacking the
methods used by the state legisla
ture In passing measures, and de
manding a change In the method
of voting, was presented by the
Salem Grunge at Its monthly
meeting hero this afternoon. The
resolution demands that In future
balloting by legislators be secret
The full text roads a8 follows:
'WHEREAS; the present sys
tem of voting upon measures In
the legislative assembly fosters
logrolling and vote trading moth
oda,. which results in the enact
ment of many laws that have lit
tle merit, are purely sectional and
serve no general Interest, but are
used to advnnco the personal In
tcrcst of tho mnmbors who Intro
duce them; and
"WHEREAS; much of tho time
of tho legislative session is used
up In the discussion of nnd jock
eying with such measures, while
measures or real merit, and In the
interest of the whole state, are
allowed to die for lack of time or
are rushed to vote without due
consideration; therefore,
"RESOLVED; That Salem
Grange No. 17 of Patrons of Hus
bandry, In regular session, Nov.
21, 1925, asks that the method of
voting upon measures In the legis
lative assembly be so changed as
to discourage logrolling and vote
trading methods in the considera
tion of measures; and, further.
'RESOLVED; That the const!
tution ho so amended as to pro
vide that members of tho leglsla'
tive assembly shall voto by secret
ballot upon ull measures, and that
tho record of such vote bo made
public nfter the end of the legis
lative session, and that such other
changes be mado In the laws, or
ganic and statutory, as may be
necessary to make the method of
secret voting In the legislative
assembly practical."
Longfellows
Table Long for Long
Lives for Long Men
Senti ng themselves before a ,
long table mounted on two Inch I
blocks, with a long bouquet In its
center reaching to within some
two feet of tho celling, ond hav
ing on It long glasses containing
long pieces of bread prepared es
pecially for the occasion, the Sa
lem Longfellows met at the New
Salem hotel and perfected their
permanent organization last night
There weer some 40 of Salem's
longest men present.
Conceded to be the most Im
portant business of the evening
as compared with the mere adop
tion ot a constitution and by laws
and election of officers, the hon
orary membership ot Augustus
Mutt, creation ot Bmld Fisher,
BROTHER OF
FEUDVICTIM
FIRES SHOT
Witness At Coroner's In
quest Into Murder Is
Shot Down; Witnesses
Flee In Panic.
CIllCllKO. NOV.' 21 t A P .
Gangland brought Us feud into a
coroners court today when Sum
Vinci, brother ot two victims o
assassins, shut nnd killed Jchn
Minutti, a witness.
Mlnalti nad just testified that
he did not know Mike Vinci, who
was shot down lust Thursday. Sam
vinci, nrot'acr of alike, jumped to
Ilia feet andaopened fire.
Another brother, Jimmy Vln;l,
driver ot the auto In which
"Mossy" Enright, labor sluggor
and gunman, was killed a few
years ago, was slain more than u
year ago.
The shooting precipitated the
flight of witnesses and a crowd of
the curious but Vlucl was seized
and locked up. His victim expired
in nn ambulance.
The slain man was one ot sev
orul suspects ui-rested after the
shooting of Mike Vinci. Ho was
a fruit store owner and was ac
cused by Sam Vinci of having
"made moonshine" with Mike
Vlucl.
SUIT NOT TO BE
White Plains, N. Y., Nov. 21.
A. P.) Despite persistent re
ports that the Ithinclander annul
ment suit will be settled out of
court, Isaac N. Mills, counsel for
Leonard Kip Hhinelu ruler, thu
wealthy young plaintiff today said
definitely that thu case will con
tinue. "I am In complete control of
this cuse," hi said. "It will con
tinue. There have been no nego
tiations for a settlement. A state
ment will be made In court on
Monday morning."
It wub the introduction of two
"mystery" letters written by Loon
ard to his negro bride, Alice Bea
trice Jones, that caused yesterday 'a
adjournment of the cuse until
Monduy to give counsel for Rhine
lander nn opportunity to Investi
gate them. The letters admittedly
contained sensational matter and
their contents apparently had not
bocn known to Rhlnelandcr's at
torneys until Lee Parsons Davis,
connsol for Alice, revealed tbm
privately.
It Is persistently reported that
rather than have the letters mado
public young Ithinclander wnt
withdraw the suit. Reports hava
been circulated that a settlement
will bo made ranging from $50.
000 to $300,000, hut confirmation
Is larking.
at Long
was proposed, carefully consider
ed and finally passed to the new
ly elected board of directors. Fin
al action on Mutt's membership
will bo taken at the next regular
meeting ot the entire club, slat
ed for December 11. The second
Friday in each month was last
night selected as the time of meet
tng.
''This Is a sprious matter." de
clared Ike Patterson, referring to
Mutt's candidacy. "This honor
should not be conferred upon any
one, even such an Internationally
famous character, without du
and proper consideration." In
cidentally, word will be sent to
(Continued on Page Thirteen)
RHINELANDER'S