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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Nov. 24, 1925)
HOP PICKING STATUTE IS DECLARED VALID CIRCULATION Dally average net paid circulation for month ending October SI, 1928 r 7352 Average dally distribution 7TS3. Member Audit Bureau of Circulation. FORTY-SEVENTH YEAR No. ffl Three Marion County Cases Also Decided By Supreme Court In Find ings Reported Today. An act of tho 1925 legislature requiring Hint tho quantity of hops picked by pickers in Oregon be estimated by weight and not by boxes is constitutional, ac cording to an opinion of the su premo court handed down today in tho case of C. A. McLaughlin, Polk county grower, against Joseph N. Hclgerson, district at torney for Polk county.' The opin ion afirms Judge W. M. Ramsey or tho lower court for Polk coun1 ty. Justice Hand wroto tho opin ion. McLaughlin brought suit to restrain the district attorney and sheriff from enforcing tho penal provisions of the act on grounds that tho act was unconstitutional and that its enforcement would injuriously affect his business. Suit Is Dismissed The appeal was from a decree sustaining a demurrer and Uis missing the suit. Tho demurrer was sustained on ground that the complaint did not etate facts- suf ficient to constitute a causo of suit and that the court was with out jurisdiction of the - subject matter of the suit, both of which are sustained by the supreme court opinion.' It is stated that though tho complaint recited every conceivable injury that might result from enforcement of the act, hut still fails to show suf ficient cause. Tins, says the op inion, notwithstanding the fact that the complaint was very skill fully drawn. The opinion denies tho plain tiff's contention that the statute deprives him of his liberty to contract. Permit Refusal Upheld Judge L. H. McMahan of the lower court for Marion county is affirmed In the case of the Na tional Thrift asosclatiou, appel lant, against V. E. Crews, state corporation commissioner, a mandamus proceeding to compel the corporation commissioner to issue a dealer's permit authoriz ing the association to sell certain securities. i The opinion was wrltton by Justice Belt. The corporation pro posed a scheme of selling "thrift tickets." "This scheme," says tho opin ion of Justico Belt after describ ing the proposed scheme, re minds us of Get-Klch-Quick Wal- llngford. It certainly does not have the appearance of a legiti mate business enterprise." frrpTiK CflSft Reversed Tho lato Judge George G. Bins ham was reversed In the case of W. F. Grenz, appellant, against Roscalia Anders and others, ap pealed from Marion county, Among the defendants was Aug ust Kehrberger, executor of the estate of Amelia Kieschnlck, de- (continued on Page Nine) DEGiSSON OF LOWERGOURT IS SUSTAINED Aviators Are Flying In Flaming Coffins Declares Mitchell Washington, Not. J4 (A.P.) Oolonel William Mitchell reiter ated before hla court-martial to day hla charge that American avia tors were flying In flaming coffins. Resuming tho witness stand for ooncluslon of his cross-examination at the hand! of Major Allen Oulllon, assistant trial Judge ad vocate, the air officer insisted there had been no Increase in safe ty for the flying men. Major Gullion developed by ques tloning the witness that the num ber of flying hours per fatality for the fiscal year 1921 was 34. while for the fiscal year 192S the number was 5,269. "Desn't that prove that the safe ty of flying has increased from 1W21 to 192S, about 650 per ceni?" Major Gullion asked. ''t Is a very misleading stnle- GOOD EVENING WORDS and MUSIC By Stoddurd King Balludc of the State of Society To have to be one of the masses lias alwujs been wormwood and gall: I yea m lo belong to the classes Whose numbers arc glided though smuii, Yet sometimes I think, after nil, That It's better to bo a mere cok For I Icnrii from tho scrivener's scrawl That society's always "agng. A life that's ns dull as molasses In apt, In tho long run, to pall. One day like another one passes, in summer, or winter, or mil. Jlut it's better to creep and to crawl That -to move nt too lively a Jog iou iinvo rena in me tinny sun- can That society's always "agog.' The Four Hundred's in (Id lea nnd lasses Arc hi u continual squall, And over their chic dcmltnsscs They talk about things Hint en thrall The fashion of wearing a shawl. The cotimic II faut species of dog, And what type of car to install For society's alwujs agug. I didn't attend the last ball, , As I hadn't a suitable tog But, I hear It was rather n brawl, And society's ulwnys "ngng." The new Henry Ford factory In Denmark has started work, and will produce flivvers for the Scan dinavian countries. They will, of course, be known over there Fjord' cars. "Something," said Hamlet as the aroma of the exhausts of a thous and Fjord cars assailed hla arfs tocratic nose,-" is rotten In the slate of Denmark." (Copyright 1925) I Action to create a permanent athletic board at Willamette uni versity will bo taken at a special meeting of the associated student body Wednesday, it was announced today by warren Day, president or tho student body. A committee was appointed Beveral weeks ago to draw up plans for the uonra The committee will submit its re port for final consideration at the student body meeting. The board, if created, win ne empowered to determine athletic policies for the school, so far as the student body is concerned. De tails of the personnel of the board are baing withheld until wenncs day's report is made, but It is un dm-otood that the board will con sist of alumni, students, a facully member, a trustee and possibly nun nr more local business men. It Is known that the committee win rpcnmmenil that final election of numbers of the hoard will he kent in the hands of the stuuen body. leaving it to the alumni na sociation and possimy otner oran Witlnns represented to submi nominations. - Mnmhnraliin In the American Unmr. Economics association har. grown from 1200 in 1921 to 7000 in 1925. ment." Colonel Mitchell replied. "There' la no Increase In safety. There is a decrease in safety. Our personnel Is better trained nowinan It was In 1921, and flying has been miii-h more restricted. Tne ma phinpii are still flaming coffins. nn von know that flying In th United states Is twice as safe as It is In Oreat Britain?" the witness was asked. No " "Do you know that flying In the United States is four times aa safe am It Is in Italy?" - "No. Flmires can be twisted, and, moreover, our pllota are the best In the world. They can fly faulty machines wllh less danger than anv nther DllOtS. "Vou said In yon statement Of Sriltn-.bcr 6 that the pliota know SALEM, HAPlvlAN NOT TO BE HANGED DECEMBER 3 Court Signs Habeas Corp us Writ on Ground That Bandit Must Serve Out Federal Sentence. New Haven, Conn.. Nor. 24 (AP) Gerald Chapman, notori ous bandit, has escaped death on the gallows at the state prison December 3, as sentenced when convicted of the murder of a New Britain poi! iceman more than a year ago. A writ of habeas corpus, sought on the ground that Chapman Is still a federal prisoner and can not be put to death by the state of Connecticut until he has served his 25 year Bentence In Atlanta for mail robbery, was signed by Federal Judge Edwin B. Thomas yesterday. The writ directs that Chapman be produced before Judge Thomas as Btate prison next Monday, Chapman's lawyers say the case will go to the United States su preme court if necessary. Chap man, originally sentenced to die last June obtained one reprieve in order to seek a- new trial. His efforts In that direction failed, Governor Trumbull has Indicated a second reprieve will be granted as a result of the habeas corpus proceedings. The possibility of a presidential nardon lor cnapman, as lar the mail robbery is concerned, in order that he may be executed is under consideration at washing- ton. Attorney General Sargent is in clined to the belief that a pardon is ncccasary in order to give the state jurisdiction. DEATH CAR EOT Robert Lehman, driver of. tbc automobile which struck ojid fa tally injured Mis. Joseph jaeger the waiiaca roou Dtuuiuu night was carrying a driver's li cense secured by misrepresenta tion, It was revealed nt tne coro ner's Inquest into Mrs. Jaeger's death last night. Young Lehman was only lb years old when he secured his driv er's license his father, I. J. Leh man, told the coroners Jury when questioned. The records in the secretary of states omce snow that the boy was given a license on September 30, and that he gave his age at that time as 10, anu ins birthday as August 0. His father told tho coroners jury mat uie bov whs 15 In October. Up to this morning the Illegal license had not been surrendered at the secretary of state's office, although the boy had been advised to returned It by J. N. Hclgerson, district attorney of Polk county. Inasmuch as the death of Mrs. Jaeger occurred in this county the coroner s innucst, which resulted In a finding that Mrs. Jaeger was killed by a car driven by itonert Lehman." was held here. No rec ommendation was embodied in the renort of the Jury. w nether any charges are w bo preferred against tho youth aa a result of the accident depends up on the officials of Polk county, where the accident occurred. This morning District Attorney Helger son said that his office did not contemplate taking any action, taking any action. UNIVERSITY STUDENTS PUT BANJNCHARLESTON Eugene, Or., Nor. 24. The Charleston Is doomed as far as the University of Oregon Is concerned, At a meeting of beads of fra ternity and sorority houses on the university campus , Saturday even ing, it was vole thai me unari ion la to be barred from all uni versity dances and from all inter- fraternlty and inter-ororu OREGON, TUESDAY, Bin DGUMERG BE mm Former Premier Declines To Attempt Formation Of New Ministry To Succeed Painleve. Paris, Nov. 24. (A. P.) The socialists, after upsetting H: Briand s proposed ministry, now oppose Senator Doumer, the presi dents latest choice for the pre miership, declaring they will be hoetllo to any government which does not advocate a levy on capi tal. . Paris, Nov. 24. (A. P.) Sen ator Paul Doumerg today accepted "In. principle" President Doumer gues request that he form a cabi net, saying ho would reply defi nitely within 24 hours. The former finance - minister promised the president he would begin immediately consultations wtih political leaders and report his success or failure by tomorrow night. . Paris, Nov. 24. (A. P.) Arls tide Briand, seven-time premier of Prance today definitely declined to form a cabinet in succession to the fallen Painleve ministry in which he was foreign minister. , Shortly afterward, upon his rec ommendation, President Doumer- gue summoned Senator Paul Dou jnerg, former finance minister, to the Elysee palace. M. Briand had been urged to assume tho premiership for the eighth time as it patriotic duty, In view of France s political and fi nancial troubles, but the socialists refused to co-operate with him. E "With bills Including nearly $1000 not provided for In the budget, the first definite indication that tho beard Is running behind financially has come to light. A bill for $944.- 13 for electric work due on pub 11c school build!-:; during the sum mor, as authorized by state In spectors, will have to be met, and school officials admit that no pro vision for paying the bill has been made in the budget. William Burghnrdt, school clerk today snid that the amount paid out for interest on warrants has al ready amounted to nearly $300 more than the amount allowed in the budget. The sum of $580 was allowed in the budget and $881.7 has been paid out so far this year. The budget as paired down and adopted by tho committee at Its recent meeting allowed $1000 for Insurance, Burghardt todny said that the amounts of policies car ried have not hern cut down, and that the board stands to spend $1K00 for Insurance this year. George Hug, school supeilnten dent, states that with the cuts cf feated In a number of the funds, deficit Is In sight In a num ber of tfiem. The emergency fund was cut to $500. It usually runs about $2000. The emergency fun was abolished. The maintenance and repair fund was cut from $7,- 800 to $4,000, most of which has been already used, Mr. Hug ad mlts. The material and supplies fund was cut from $2,600 to $19, 000. Mr. Hug reports that tuition from outside will total lew tha expected. No actual deficit la shown on the books at the .present time, but little hope Is held out that th board will keep out of debt through out tha year. CHANG IS PRISONER Pekln, Nov. 24 (AP Uneon firmed reports from Mulrden say there has been a revolution there against Marshal Chang Tao-li and that Marshal Chang himso is a prisoner. NOVEMBER 24, 1925 500 Women Learn To Prepare Turkey At Journal School : Thanksgiving turkeys -In Sulem homes will be done to a b-rown turn this year and will be stuffed with a dressing t'hat will whet the most jaded appetites. Flvo hun dred women, and more, are spend ing this afternoon in tho armory watching Miss Bern ice Low en, do mestic science expert, in charge of tho . three-day Capital Journal cooking school, prepare and Btuff a turkey and cook and bake other delicacies for the Thanksgiving table. The turkey will be baked tomorrow afternoon. Today's les son 1s also devoted largely to cakes and pies. With the greatest ease and speed and with a deftness that made her tbc envy of each of tho nearly five hundred women present. Miss Lowen in two short hours yester day prepared and cooked or baked in the Hotpoint olectric ranges on the platform In the armory n Tteee Thousand Students Celebrating Football Victory Set Fires And Mob Officers. Chicago. Nov. 24 .-(AP) De fying police pistols, .tear bombs and streams from tiro bose, juuu Northwestern university men and women students last night cele brated the prowess of their foot ball team by rampaging all over quiet end aristocratic Evanston. Before tho enthusiasm waned early today, a vacant fraternity bouse was In ashes, a policeman had' two broken ribs, four stu dents were in jail, scores had black eyes and cracked heads, and Mayor Charles E. Barilett, nursing a bruised head declared Northwestern would never have the new stadium it has planned. Officers Helpless . The polico and firemen were helpless when the jubilation be gan, by pre-arranged plan, about 8 o clock. Tho cops were stripped of the badges and made the vic tims of their own maces. Firemen dashing to answer numerous alarms, most of them false and others resulting from bonfires, had their hose knotted and equip ment dumped and scrambled. Finally aftor reinforcements of riot squads came from Chicago and forty world war veterans were mobilized by a former ser vice men's organization to eld the police, tho students retired to the lake Michigan front and fin ished off the evening with huge bonfires, songs and cheers. President Indifferent President Walter 1)111 Scott, who had boon out of Evanston, re turned as the celebration conclud ed. Uis only comment was that the burned house 4 wasn t worth much anyhow," and that the uni versity would not Interfere In be half of students who had violat ed city ordinances. They would have to stand the consequences in tho city courts. The melee started when stud ents fired tho fraternity house, which wan to be razed and repine ed by a new quadrangle. The In terior had been soaked with oil Others oiled and ignited the old wooden stadium, which the uni versity hoped to replace with i concrete structure next year If city permission was given. Firemen who responded to alarms and attempted to quench the blazes were stampeded by crowds of students. Attempts to quiet them were made by Ken neth L. "Tug' Wilson, athletic director and gridiron stars of the school, Captain Tim Lomry sod Halnh "Moon" Baker. These suc ceeded In persuading the students to extinguish the stadium lire. William A. Wlltberger, police chief, advertised by Evanston as the only chief of police with college education attempted to speak but was hooted down as the "scientific cop." Mayor Bart lett. working with firemen to re cover lost equipment, was knock td "crimeless. CELEBRATION CORPORATION flDStRIOT LEW RAISED noodlo souffle ring filled with tuna fish croquettes, bell peppers stuffed with grupenuts, a steamed stuffed cabbage that was entirely a new idea to most cooks, orunge biffcuits and a sandwich loaf that filled every feminine soul present with a determined desire to try it in her own kitchen. Miss Lowen demonstrated the various degrees of heat made pos sible In the Hotpoint ranges nnd while her cabbage was steaming and her stuffed poppers wore bak ing she fried her croquettes and baked her biscuits. The delectable looking sandwich loaf was the last thing prepared by Miss Lowen yes terday. The bacon for the loaf had been broiled early In the les son while the orange biscultB were being mixed and cut. At the close of the two-hour lesson the food woe exhibited on (continued on Page Nine) Six And Half Million Dol lars Added To Assessed Value Of Oregon Public Utilities For 1926. Public service corporations in Oregon will iu. 1920 pay tuxes on apportioned corporation property vuluatious increased $6,011,501.42 over the valuations fixed by the state tux commission a year ago for 1925. This becume known to day when the tax commission com pleted tabulating its summary oi tdie assessment roll of public serv ice corporations as equalized and apportioned by the tax commis sion. The total assessed value of the coroprations according to tho now summary is $2u8,531,G06.02,. but fhe aportioncd value on which the taxes will actually be paid is $155,053, 507.71. Tho latter figure Is the total of utility values as ap portioned to the counties accord ing to thcirr atlos of assessed to actual valuation. The new summary glvos the apportioned valuations according to the classification of public serv Ice companies as follows: Stenm mil rood companies, union station and depot com panics, $95,- 305,773.89. Elect ric and street railway com panies, $1,839,970.50. Car companies, $1,508,240.28. Elc.'trlc companies, $5,484, 330.05. Water nnd gas companies, $7, 297,040.02. Joint utilities (electric, water, gatO, $29,790,305.81. Express companies, $331,487.76 Telegraph companies, $1,882, 819.28. Telephone companies, $11,607, 480.12. Total, $155,053,507.71. Justice Court Fees Attacked As Illegal Defended By Small "I have no particular statement to make as I am not a perpetual candidate (or office," utated Jus tice of the Peace Brazier C. Small today, when asked If he wished to comment upon charges mads In n letter from Circuit Judge L. H. McMahan to the county court, In which McMahan asserted that Il legal claims bad been presented to the court for fees from the justice court. "I do think, however, that the taxpayers of the county should know that there is not the amount of money being paid by them to the justice of the peace, that Is general v believed. "Right here, I wish to say, If the claims made are not right, I do not wish to collect them, and am anxious that the matter be ad DRWI? THT?C PPMTQ ON T HA INS AND NKW8 rKHjil lnrtEjCj iiJMNlo stands pivb cents Gj) :fuifmn nfo) FUGITIVE ON AMEMPT TO PAYROLL OF ROB BANK IS STATE BOARD FRUSTRATED F. A. McDaniel In Employ Of State Three Years While Liquor Charge Being Fought. Although he is a fugitive from justice, F. A. McDaniel, who Is un der conviction and jail sentenco for of Intoxicating liquor, Is still on the state payroll of the state fish commission. At least he was when the October vouchers reached the secretary of state's of fice, and he has been on the pay roll of either the game or the fish commission throughout tho lltlga- tlon in his case both in tho tower court at Corvallis and in the state supreme court. The . sheriff's of fice at Corvallis reports him in hid ing. Twice Reprieved. Governor Pierce Is mainly re sponsible for this for the reason that he has twice reprieved McDan lei. McDaniel was a deputy game warden at the time of his arrest In Benton county In December, 1022, and has received his salary from the state every month since then with possibly three or four exceptions. October vouchers show that he Is now In tho employ mt the fish commission. He was con victed In the lower court nnd sen tenced to Jail. In an opinion from the Btate supreme court handed down January 2, this year, tho lower court was revorscd, but the case was reheard and the next su premo cou.'t opinion handed down June 30, upheld (ho conviction. Pierce granted McDaniel a reprieve ot CO days, although It had been two and a half years since the com mission of his offense and ho had escaped justice all that time. Upon expiration of the reprieve McDan iel was missing nnd Judge Skip worth Issued a bench warrant for his arrest. Shortly aftor tho war rant got into tho hands of Sheriff Newton of Benton county tho sher- riff got a telegram from Governor Plerco which read: 41 Worked For Flsli Board FiBh commission have begged so hard the privilege of using Mc Daniel for a few days that I am continuing his reprieve Will sonil you signed papers Tuesday." After more thnn a week tho re prleve papers were rocelved byShor riff Newton, extending McDnnlels prlove until November lfi. mnk Ing a total of 100 days reprieve. On that date his roprlvo expired, but where McDaniel Is now nobody knows except McDaniel himself, doubtlena the fbm commission and potwibly Governor Pierce. It is understood that the Wom en's Christian Temperance Union and prominent Democrats rebuk ed tho governor severply for the McDaniel reprieves nnd that Pierce promised not to reprieve him again However, McDaniel isn't In Jull There is a protty strong suspic ion that McDanlcl's derentie pnld for by tho fish commission, but this cannot be verified in 8a lcm. justed right. I am perfectly will ing to submit these claims elthc: to the district attroney or the at torney general to pobb on as to their legality. "Taxpayers of this county have paid to the justico of the peace the following sums as his fees for the months enumerated; June ...$141.7 July 111.80 August .... ............. 170.60 September 4 95.4 "For the month of JDclober claims amounting to $20p.35 wen submitted, but these have not yet been allowed. "These sums show thai the tax payers havo paid to this office an average of $143 59 a month sinre (continued on Page Nine) UNSETTLED rain, west, probably rain or snow In east portion tonight and Wednesday, Freeh southerly winds. Local: Max.; 44; mln,, 30; rain, none; river 0.9; atmoa., cloudy; wind, south. Michigan Town Terroriz ed by Armed Gang Dur ing Night; More Than 100 Shots Fired. Cassopolis, Mich., Nov. 24. (A. P.) Armed bandits terrorized Cassopolis for nearly thite hourB early today, firing at every resi dent who dared to appear on the street and finally roared out of town, after failing to rob the First Nutional bank. The bandits, variously estimated' at between five and 10 in number entered Cassopolis shortly after 2 a. m. They bound a night watch man nnd three other men who were in two all-night restaurants, cut telephone and telegraph wires leading out of the city and for two and one-half hours ruled the town. , Vault. Resists Efforts. At '4:45 a. m.. after an ineffect ual attempt to break the vault of the First National bank, the ban dits loft in an automobile. During their stay tho bandits fired between 100 and 150 shots ud one shot was fired in return. Revolvers and sawed-uff shotguns . were used and the targets were anyons who appeared on the streets or who showed lights in office buildings or residences near the business sections. George Jones, a stock buyer, was the only casualty. As he emerged from his house ho was greeted with a volley. A -shotgun slug In flicted a neck wound and he re treated Iii'to the houso. Victims Are Bound. The robbers first visited an all- night restaurant and bound the proprietor and the village night watchman, who was in the place. Leaving a guard over the men, the other bandits went to another res taurant and treated Its proprietor similarly. The front door of the First Na tional bank then was forced, th robbeis taking their prisoner! inside with them. The outer dooi ot the safe was dynamited, no effort being made to deaden the sound of the explosion and tn noise brought several persons te the streot and to windows. Five charges of dynamite wore exploded, the outer door of the vault being torn away but the In ner dour withstanding the bandits efforts. Over a wire which the bandits failed to cut, a Mrs. Au gust, night telephone oponitor, notified officers at Nflos while the bandits stil were at the bank and roads leading out of Cassopolis (continued on Pakp Nine) CASE COMPLETED While Plains, N. Y., Nov.24 (AP) Tho plaintiff's case la the Hhlnelander annulment suit was closed at 1:30 o 'clock this afternoon. Alice Beatrice Jones, defendant. In tho suit brought by ber hua band, Leonard Klp Hhinaander, will not take the witness stand to day as bad been planned. Lee Parsons Davis, defense counsel said he -had planned to call her to testify but that his plans had to be changed becauM ot her breakdown last night fol lowing the ordeal yostcrdny when she appeared, partly disrobed be fore the Jurors ro that they could see the color of her skin. Thle was do bo at the request of Davie, who sought to prove that Rhine lander must have known that she was part ncgress. After the plaintiff side had rest ed I tii case. Davis made the usual motion that the case be disrnl ed on the ground of insufficient evidence and asked that the ques tion be withdrawn from the Jury. TH let It go to the Jury,' said Justice Morschauser In denying the motion. He cautioned thi Jury not to be influenced by hlf, ruling on the motion. tinned on Page JJlne) dances.