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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Nov. 25, 1925)
RHIW ELAN DER.KN EW GIRL WAS NEGRO SAYS CIRCUIATION Dally average net paid circulation for . month ending October SI. 1925 FAIR f ONIGHT and .Thursday. Cooler In the Interior to night. Moderate westerly winds : 7352 Local: Max., -51; mln, 44; -win, -.1; river, 1.0; atmos., cloudy; wfctd, south. Average dally distribution 7753. Member Audit Bureau of Circulations. FORTY-SEVENTH YEAR No. 283. SALEM, OREGON, WEDNESDAY NOVEMBER 25, 1925 PRICE-THREE CENTS ?TNAJS8A,NIVU o'ffiK " - -V ' - ' k ' ' - 27 1225 - . " loo...... UllLrALr Uv. flAA UVl KIP TOLD OF l!S30FFICERS lira Former Chauffeur Quotes Youth As Saying He Did Not Care If Girl's Father Was Colored. Will Refuse Commutation White Plains, N. Y Nov. 26 (AP) Three yeara before his marriage to Alice Beatrice Jones, ' negro maid servant, Leonard Kip Khinelander was informed that her father was part negro but an swered that he didn't care, Ross Chiticker, former chauffeur for tho Rhinelanders testified. Chiticker said that it was he who drove Alice and Leonard to tho hotel Marie Antoinette where they stayed a week as man and wife In December, 1921. He said that he had visited Rhinelander in Stamford that same month and was shown a clock which Leonard said he was going to present to Aiice for Christmas. Said He Didn't Care 'Do you mean to tell me you are going to give her a Christmas present!" Chiticker testified he asked. "Yob," responded Rhine lander, the witness Buid. 'Then 1 asked, 'Don't you know her fath er is colored?' and he answered, 'I don't care if ho is.' " Mrs. George Jones, elderly white mother of Alice, took the stand in behalf of her daughter and denied that sho had ever beard Alice lay claim to being white. It has been one of the con tentions of Leonard Kip Rhine lander, the plaintiff, that Alice had assured him she was white In OF LAW FLAYED DEFENSE (F BYMMAHAN Constitutional Rights Of Citizens Violated On Every Hand Declares Circuit Judge. Permission To Visit Baby Daughter Over Holiday Is Refused By War Department. GOOD EVENING WORDS and MUSIC By Stoddard King THANKSGIVING (continued on Pago Nine) POWELL'S DEALS AS.KLANSMM OREGON SCANNED Victoria, B. C, Nov. 25. (A. p,) Sharply criticizing the Kana dion Ku Klux Klan and its organ izers, Attorney General A. M. Muu- Bon. speiking before the legisla ture here yesterday, read letters Which he said were received trout "responsible people" in Oregon re garding Major Luther I. Powell ot Portland, a klan organizer, Powell was barred from Canada and then admitted for 30 days. One letter said Powell had been klan organizer in Oregon four years ago. "Major Powell,' ft read, "figured In many sensational episodes in Oregon and Washington and help ed to promote the Port-land Sky liner corporation and other notor ious scheme where klnnsmen loBt more than $100,000. Powell fin ally quarreled with Grand Dragon Fred L. Gilford nnd was banished from the order 'several monthrt ago.' The pilgrims bnd for residence sic en mm rocKDoiimt const. Their food was mostly Indian meal ami senium quail or tease; And ns they traveled to and fro. these brnve and hardy souls. The noble redskin lay In wait and shot them full of boles. And yet the Pilgrim fn titers, In their sober way, were glad. And grateful for whatever Utile blessings could be hnd. On days of thanks they Banc tlidr psalms, exceptionally strong And with grim piety endured sermon tiircc Hours long. Today, we do not have (o wrest our livhic.from the soli.' Our men consider seven hours day of arduous toil; We ride nbout from place to place In shiny limousines. And women do their housework with electrical machines. The consequence of nil this Is wc grumnic mm complain; Wc kick about the rain. But we, too, have our days of thanks, by President's decree And no one goes to football games more piously titan wc: Zcke Potts." reports Joe Buz zard, "says that it is going to be a long, cold winter. Ho bases his predictions on the fact that all hli liquid assets are frozen already." President Coolidge'a plea for for eat conservation has had one feet. People are doing the!: Christmas shopping early (Copyright 1920) EUGENE LETS CONTRACT FOR LARGER RESERVOIR Eugene. Or., Nov. 25. Con tract for the construction of the new Eugene water reservoir on Skinners butte has bacn awarded to tho B. C. Seydel company of Portland, on a bid of $61,802.83. Four other Portland bidders and five Eugene contracting firms made offers for tho project. Patterson Urges Use Of Old Boys' School As Prison Adjunct The iiee of the present boys' training school) when the new ne at Woodburn Is opened for nee, as an Intermediate prison for first offenders and younger men, is advocated by I. L. Patterson, candidate for the republican nom ination for governor. In a state ment ioEued today. A more judicial use of the par doning power is also urged by Senator Patterson in his state ment, which reads as follows: "In announcing my candidacy for governor under date of Octo ber 22nd I stated that I favored niacins the penitentiary under ths board ot control, giving my reasons therefor. Sines then so many Inquiries have come to me asking Just what I favored tor a betterment of the Institution that I desire to supplement that state ment by saying that when the boys' training school, now being constructed near Woodburn, is lnlehed and the old school at Salem vacated, that the latter should be need tor first time of fenders sentenced to the pennen- tlary. Practically all of these will be young men committed for their first olfense against the law, "The penitentiary Is now ec crowded that the prisoners can. not be properly segregated and at a result these first -offenders are in dally contact with hardened criminals: in fact, it might be called a school for vice and crime. "Hie use of these buildings Is That the present system of law enforcement is "the greatest hyprecrisy on earth" was tho statement made by Judge L. H. AIcMahan in a speech before the Salem Rotary club here this noon. "The constittuional rights of our citizens aret being violated day aft er day,' he declared. That the law is enforced only igainst persons without financial or political influenco, was the gist 01 JUDMUMII S SpecCU. Unlawful Arrests Manv. 'Time and again," he said, "you read in the paper a nolo to the effect that the police have arrest cd on suspicion and are holding him tor investigation. They have absolutely no legal right to arrest him or to hold him unde v eucn circumstances . I have in mind the case ot oortaln young man out here from the east. His father was cutet justice ot tho supreme court ol Michigan. He waB arrestee! while coming into town from a hop yard one Saturday night In com- nany with a man who had aesn drinking and had liquor In his uon. This lad had never taken a drink in his life, and had no liquor on hlra. Yet ho was thrown in the city jail here, not allowed .bail, with no charge pre ferred against him, and not allow ed to tolenhone to any of his friends and kept there until Bun day. . Shoot Without Cause. In another case an officer saw a man drop a jug and break it on tho streets of Salem, xne ollicer drew his gun, pointed it at hlra forced him to pick the Droneu pieces up and took him into cus tody. That omcer was commit ting a penitentiary offense, yet nothing has ever been said about it. "A policeman saw a man speed ing right here In this city. He ordered him to stop. The man kept going. The officer drew his gun and fired at the man. If he hart hit him and killed .him, would have been a case ot murder. Nothing lias ever been said or done about It. There was another case over at Woodburn. where an offi cer emptied his gun at a speeder. Searches Are llleral. "Again and again on our publi highways men have been held up by law eniorr.ement omcers itnc- searched for liquor on suspicion. Thero was a prominent businceu man of this city who was held up and searched on his way to Newport.- His family was forced to get out ot the car and wait wnire the search was going on. Such procedure has absolutely justification In the low, Me- Mnhan declared, seacmng is noi legal, he said, except for probanic cause. "If they sea liquor in your possession, or If they seo that you aro under the Influence of Intoxi cating liquor, then the have a right to search you, but only the! "I co'ild enumerate other In stances ot this kind." Savs Enforcement Biased. The issuing of search warranto on Information and belief, a com mon practice with authorities here, violates the constitutional right of the people, the Judge In sisted. "You may think,' hes aid, "that I am simply opposed to having pro hibition enforced. On the con trary. I have favored prohibition all my life. I voted for the first prohibition amendment In '87. I was the only newspaper man in this slate wi.o refused to carry lluor advtr.tieament In my news papers, tor a period ot some 10 years the t . -s In the newspaper business. "Wnen the American Legion held its last convention at Prine- ville, Prinevillo was wetter than ever before. When the Bks mot at Portland, the town was wide open. In both cases all ths law enforcement officers were sent to Klamath county, for political reasons." Washington, Nov. 25. (A. P.) Colonel William Mitchell rested his defense today before the army court martial, exactly four weeks from the time he was hailed before that tribunal as a result of his churgcB against ths war and navy departments. MITCHELL IS CONCLUDED Cooking Not Lost Art Here, Interest; In School Reveals European women often accuse American women of having lost the art of cooking. The bakery,1 the delicatessen and the corner grocery store, combined with an Inherent tendency to consider cooking menial labor, are reasons advanced for this accusation. Any one who has attended Tho Capital Journal three-day electric cooking school, under the direction of Miss Bornice Lowcn, home economist-, hich closes in the armory this afternoon, knows that Salem wom en are intensely Interested in cook ing and nre eager to learn new nd better ways ot preparing anu serving food. For the past three afternoons Washington, Nov. 25. (A. P.) -Colonel William Mitchell was denied permission today to visit Detroit to see hie baby daughter during the Thanksgiving recess of his court martial. His request to the war dcpartihet was returned uiarKeu uisapproveu. The colonel has been ordered to remain in Washington throughout tho duration of his trial. Defense Nears Close. Washington, Nov. 25. (A. P.) -The defense in the court martial trial ot Colonel William Mitchell began winding up its case today in a peaceful atmosphere, in mark' ed contrast to the tenseness notice able for the last two days when the accused officer occupiea uic stund. Representative Held- of Illinois, Colonel Mitchells counsel. nounced at the outset that his case would be completed before night fall, but tho activity of the prose cuation in arranging rebuttal tes timony indicated the end of the case was some distance away. is considered certain that Major General Charles P. Summerall, commanding the second corps area and former president of the court will be brought in by the prosecu Uon. The general, who quit the court after a protest had been lodged neainst htm by the defense. hag been ordered to hold himself in rcjdiness to appear. Colonel Herbert A. White, mill tary counsel of tho defense, today resumed his reading ot tue vot uminous official correspondence, Congressional committee air serv ice hcarirgs and reports taken from the war and navy depart ment's files regarding aviation question generally. MT. ANGEL STILL (continued on Page Nine) Calexico, Cal. Nearly 100 American women have been order ed out of Mexicall. more than 500 women and a num ber of men, from all walks of life, have watched Miss Lowen prepare, cook, bake or fry, luncheon dishes of various kinds, pies, cakes, meats and even a Thanksgiving turkey. In the audiences have been cooks and tiheir wives, women who do the cooking for their small fam ilies, . country women who think nothing of cooking for two dozen farm hands, high school girls; grandmothers and sweet young things who are preparing for the time when they will be cooking dishes to tempt the appetite of the "only man. All have teen list ening to and watching closely the ' i - i - DOUMER SAYS PRISON TERM CABINET JOB ISCOMITEO IMPOSSIBLE BY COQLIDGE Herriot Called To Form New. Ministry When Two Others Fail To Get Needed Support- (Continued on Page Four) THRU GUARD RAIL Their car was badty damaged but Ray Able of Silverton Leo Killian of Salem escaped un hurt when their car, a heavy tou ing vehicle, hurtled through guard fence on the Salem-Silver- ton road near the Mathis nursery, The car crashed through the heavy railing, snapping ott two heavy pus is as it went, then jump ed a ditch six feet wide, turned over and landed right side up in field. , Officer Warren Edwards of the Salem police and William S. Lev ens, state prohibition commlesion- investtgated tue case. No ar rests have been made. Roadmaster Culver was making preparations today to repair the fence. He said tnreo 8 ny s posts were cut as cleanly as though by a knife. 'This is the seventh accident on this curve we know of," states the roadmaster. "And everyone was due to reckless driving Journal To Issue Early Thanksgiving To allow its employees an opportunity to observe Thanksgiving Day the Cap ital Journal wil go to press at 1 o'clock tomorow afternoon. Declaring " that the defendants had already paid tho penalty for their liquor offense and that the offense upon which they were now being sentenced was the sim ple oho of possession of an un registered still, Circuit Judge L. H. McMahan this afternoon levied fines without jail sentences upon John Andrews, L. A. Dixon nnd Henry Johnson, convicted of hav ing a still in their iiossceston. Andrews and Dixon were fined $500 each, and Johnson's fine was fixed at $250. In passing sentence Judge Mc Mahan said: "These defendants have, here tofore, been tried, convicted and sentenced for manufacturing 11 quor In the identical still for having which in their possession without its being regetered, they are now to be sentenced. In the present case they are charged only with having an un registered 6till in their possession; a charge that could be brought against any man who might have In his possession an unregistered still for extracting oil from mint, or for distilling water only. The law nowhere provides that in case the unregistered still shall be ueed for manufacturing liquor that the penally shall be more severe than it would be if it had been used for distilling mint water. "It was not necessary for the state to prove, in order to secure conviction, that these three de fend ante had any connection with making liquor therein. All th state had to prove was that th still wfis not registered and that defendants were in possession thereof, but it did appear from the testimony, ae an incident on ly to tite trial of the case, thnt th. still at the time it was alleged defendants had possession of it was -used for manufneturin, whisky. "Since these defendants have all been tried, convicted and sen tenced for manufacturing liquor in this still, nnd the law forbids two sentences for ono crime, it becoin my duty under the law to disassociate from tills case all consideration of the uses to which this still wns put, fot if 1 did con sider the usch to which it was put and -imposed a heavier sentence because of the use, I would be adding to the penally already pronounced against these defend ants in the former case, e forbidden by the law. The state exhausted lis remedy acalnst th1 defendants for manufacturing It quor In this still In the former case. In it the state vindicated the law and affixed the full pen ally " Or. the other hand, had these defendant not been convicted of th graver offense of manufactur Ing whisky and had not received sentence commensurate with tnat crime, I would, In this case, take Into cmsldernllon the use to which It ai'pcvira tho still was put, In sentencing thorn. Evidently, th law twntemplaled placing Into thi hands of the trial Judge this power for that purpose, but the former conviction and sentence for usln; tho still for manufacturing whisky, under the reason of the law, pro hibits me fnm. In this ease, con Bid t ring the uses to which the still waj. put." Annouuncement was made this morning of a new shingle mill to be built immediately by ttie Spauldlng Logging company and begin . operations early next year. The null will be equipped: with one saw and will turn out marc than three-quarters of a million shingles a month. The Spaulding company already has a sufficient number ot logB on hand to run the shingle mill for some time, nnd officials of the company expec that tiie proportion of cedar logs arriving with tho regular ship' mcnts ot Douglas fir will amount to enough to keep the mill in op or ation. The mill is to bo located immc diately south of the paper mill on the Willamette slough. Work of driving piles on which to build tite mill is already well in progress. Tho mill will be equipped with a slip to draw the logs directly from the slough, and will cut them into single lengths, divide them into bolts and cut the shingles. . The company expects to sell most of this output In a. :d near Sulcm everything not being consumed hero being shipped for consump tion elsewhere. Some half dozen men will be required to operate the mill. HINGLE ILL WILL BE ADDED Paris, Nov. 25. (A. P.) For mer Premier Edourd Herriot this evening undertook to attempt the formation of a cabinet. On leaving the Elysee palace, whither he had been summoned by President Doumergue, M. Herriot said: "I will do my best to meet the wishes of the president." Condemned Bandit Says He Will Refuse Offer Which Would Allow Hanging December 3. Paris, Nov. ,25. (A. P.) Franco was still without a cabi net tonight to succeed the Pain leve ministry which resigned Sun day following an adverse vote by the chamber ot deputies on the government's finance bill. Refusal of the various crouns in the chamber ot deputies to promise support for his financial plaus caused Senator Paul Doumer todav 10 ueenno the task of forming a new ministry, a it did M. Briand yesterday. Former Premier Edourd Herriot, radical leader and president of the chamber of deputies, was summon ed this afternoon by President Doumergue but failure ot his pro jected "concentration' cabinet of the left is considered likely in well informed cirioa - 23 QUARANTINED FOR CONTAGIOUS DISEASES HERE Hartford, Conn., Nov. 25 . (AP) Gerald Chapman, mail robber and murderer, will be reprieved from death sentence set for December 3 ; until March 3, 1926, by Gov- '' ernor Trumbull probably to night, by agremenf reached between State's Attorney Al corn and Joseph Freeman of counsel for Chapman. . nelrut, Syrin, Nov. 25. (A. P.) Fourteen naturalized American citizens who rea.-hed Beirut today with about 2000 refugees from Rashelya. west of Damascus, where fierce Drtiss attacks were ended yesterday by the relief of the French garrison, sny thnt in tho hand to hand fighting be tween tho Druses and Christian volunteers tho rebel tribesmen killed many women nnd children. A total of 22 cases of contagious diseases are now under quarantine In Salem according to a report ot City Health Officer W. 13. Mott filed with City Recorder Poulson. Of theso canes 10 aro smallpox, nine diphtheria and three chicken pox. The pernons quarantined for smallpox are: Mr. and Mrs. Kccney 138 North 23rd street; Catherine Hutchcon, 1210 South l!i(h; Em ma and Ollf lltlxcth, 420 South 22nd; W'clma Sahn, 2112 Lee; Rea Crook. US 3 North High; Frank Wilson, 1803 North Church street; John Wolf, Oflfl North 21st; C. E. Htrfcklin, 1530 Stale; Virgil Mc Morris, 100 North 18th; John Swe Inirik.'lOS Rust Mill. The diphtheria quarantines are A patient mimed King, 1R09 North Fourth; Jennie Shortrldge, 824 Front; Bryan Hnzclton, 1294 Brr;-, Vernon Strnusbnuh, 8B84 High land ; Coover family; 175 North 23rd; Nora Pole, 1510 Stalet June nnd Betty Nelson, 1C7G South High Francis Hughes, Chemekcta street patient named FltzKerald, 94fi S. 12th; Albert Fllflct, 1136 North Commercial. Hartford, Conn., Nov. 25. (A. P.) Gerald Chapman has inform ed his counsel that he will not ac cept presidential commutation ot his robbery sentence. It is understood, in advance of -oftiical statement, that cominuta- -tiou ot Chapman's federal prison ' sentence will be tho state's answer to the writ of habeas corpus served . on Warden Scott late yesterday, : ordering him to produce Chapman beforo Federal Judge Thomas in " court at the state prison next Mon day. Federal Term Ended. Harttord, conn., Nov. Zii (A. P.) The federal sentence of Ger- uld Chapman has been commuted by President CoolUlge. - The ex ecutive order terminating the sen tence of 25 years imposed in fed eral court at New York fot. tho robbery ot a mail truck, was sign- -ed by the president at 6 o'clock Monday evening and was made public today when the document , was delivered to Warden H. K. W. , Scott, for service on Chapman. The official document, which terminated federal interest in Ger ald Luupman, was orougnt duck to Hartford by Stale s Attorney Hugh M. Alcorn and was delivered to Wurden -Scott for sorvlce on Chapman. The warden immediate ly prepared to do this, and the action marked another step in the efforts of the stato of Connecticut to exe-uto Chapman for tho mur der of Policeman James Skelly ot New Britain on October 12, 1924. County Dciective Edward J. f You Were a . City Councilman? (cont iniied on Pngo N I n e) WIFE WILL GIVE INEY CHANCE; NOTT0 For tho best letters of 300 words or loss submitted during November the Capital Journal will givo three prizes of $10, $5 and $2,60. The letters munt be on "What You Would Do If You Were A Councilman" and should bo addressed to tho Contest Editor. The letters munt be signed by the nam and address of the sender, but the lotlors will be published by num ber only, and the Judges will Judgo them before learning the names ot the writers. Number Forty Two Editor: Here's a few things I would try to do If I were a city councilman. 1. Favor a bond Isue of 1 300, 000 for the building of a com bined auditorium anil war veter ans memorial building. Lower floor for public meetings, also nndor lease for special road shows and moving pictures. Feature plays etc., also store rooms for rent. Upped floor to be lodge rooms and meeting place tor all war veterans. A borne tor thoso brave men and women, veterans of all wars who so gallantly res ponded to our country's call. 1 would finance this building with a bond Issue. All Income from building, after expenses, going In to a sinking fund fur the retire ment ot bonds, city paying Inter est only. Bonds being callable. 2. Favor concrete bridges. 3. My favorite "hobby" good sidewalks would receive my spe cial attention. 4. A general clean up of dog, farms, foul smellhig chicken bouses, also several junk piles In (continued on Page Nine) New York, Nov. 25. (A. P.) Mis. Frank Tinney, whoso uncon tested suit for divorce is pending httfl a new boarder nnmnd' Frnnk Tlnney. At least that's the way the comedian described himself when he went to his wife's Long Islund home after his return Mon day from London. As for that divorce "what di vorce 7" demanded Frank Tlnney blandly every time he Is asked about It. . . Mr. and Mrs. Tlnney went shop ping yesterday accompanied by seven year old Frank Tlnney, Jr., but Mrs. Tlnney did most of the buying. Frank snya he Is broke. Afterward Mrs. Tlnney drove home and the comedian hied himself to the Elks club where he borrowed dollar from the doorman to pay hla taxi fare. As for anybody named Imogen Wilson, the Tlnneys don't mention her. Itnogene or "Bubbles" as Fronk used to call her was the cause of Mrs. Franks' suit. Imogene, a chorus girl, u now abroad. Mrs. Myron Ellas, Mrs. Tlnney'a daughter, explained the present re latlonBhlp of her mother and step father, as not quite reconciliation. "They have agreed to begin all over again, on a fifty-fifty basis. nh said. "Mother wants to see him established on Broadway again