Capital journal. (Salem, Or.) 1919-1980, December 05, 1925, Image 1

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Capital journal., December 05, 1925, Image 1

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Newspaper Page TextCIRCULATION CLOUDY tonight and Sunday. Moderate tempera ture, light southerly wind. Dally average net paid circulation for I month ending' November a, 192 7317 Average dally, distribution 7724. Member Audit Bureau of Circulation!. Local: Max., S3; mln 4ft; rain, none; river, 2.2; atmos., cloudy; wind, south. FORTY-SEVENTH YEAR No. 290 SALEM, OREGON, SATURDAY, DECEMBER 5, 1925 PRICE THREE CENTS SKS (7 uv UVI in LOSES CASE AGAINSTW1FE Jury Finds Mulatto Bride Did Not Deceive Weal thy Husband Decision Reserved. White Plains, N. Y., Dec. 5. ! (A. P.) Leonard Kip Khiucland er, wealthy member of a New York family, lost his annulment suit against his mulatto wife, Alice Beatrice Jones, In a verdict re turned today hy the jury which beard the case. Answers favorable to Mrs. Rhinelandcr were returned to all the questions except the first and the seventh. The first, that of whether Mrs. Rhinelauder was of colored blood at the time of the marriage had been conceded as a fact by the defense during the trial. The jury made no answer to the seventh question. No Deception Practiced. The jury in its answer to the other five questions found that MiB. Rhinelamler did not deceive her husband, either positively or negatively as to her negro blood; that she did not conceal this fact to induce the plaintiff to marry her, and that he would have mar ried her even had be known she was of negro blood. After he bad received the jury's verdict, Justice Morschauser re served decision. The functions of tiho jury were limited to answering the seven questions propounded to it. Be- (Continued on ,Page Bight) VESTED RIGHTS Washington, Dec. 5. (A.P.) Opposition to conferring any "vest ed right" upon the present users of the western ranges was express ed in a statement today by the de partment of agriculture. It de clared the policy upon which graz ing fees are based should be set tied by congress, and that a fair settlement of the differences ex isting between the stockmen and tho forest service would not be dif ficult. The adjustment of grazing to the "primary purpose of forest reserves iat of forest production and wa ter shed protection" was declared to be the essential of any admin. Istrative system; but Secretary Jar- dine was said In the statement to desire to stabilize use of the nation al ranges as far as consistent with public interests. He would have no objection to legislation giving graz lng a more definite legal status n the national forests and confirming In broad terms the fundamental policies as the department is de veloping. The creation of local grazing boards was advocated. Fees for grazing on the national forests now average 12 cents per month for a cow and Jive cents a month for a sheep, and the de partment reports this figure sonslderably above the commercial ralue of forage. If, as some stock men advocate, they were cut to a figure based merely on the cost ot administration they would be about the third of the present rate, RESIGNS OFFICE Berlin. Dec. 6. The German cabinet, headed by Chancellor Luther resigned today. The cabinet at a meeting this morning decided to step down in accordance with the chancellor's announcement prior to the Locarno next sienin ceremony. It Is expected, that Dr. Luther will be asked to form a new mm Istry on a coalition basis, in sym pathy with the aims of the Locar Do peace and security program. The present ministers win con tinue to conduct affairs until the new cabinet Is completed. GOOD EVENING WORDS and MUSIC By Stoddard King T1IE FADING ZEST "But age, with his stealing step, Hath clawed me In his clutch." First Graved Jgger. It oan not bo time southern soil Has lost tho peanut knack; It can not be that goobers spoil Before tlicy reach the sack; Surely Uic plant has not debased biiicc lust I was a kid How Is It, then, that pen nuts taste Less luscious than they did? The pop with which I used to slake Mil adolescent thirst Still tempts the public to partake, Still freely is dispersed. Bright are Its colors ns of yore, As loud its foamy fir., Alas! I relish it no more The lleki'lsh bar, of somber hue, njasue, sweet and eueniv Once I could cat a pound or two Before I went to sleep. They make them still; they look tne same: And yet tliey leave mc cold. Nobody seems lo be to blame Perhaps L'm growing old! Ahorrid thought! That age should cneac My palate of the joys That grew from things to drink unci eat When you nndl were boys I would repine if It were not For one grcut-cliecrin;; truth; Tiie rucHly wiener, itlnlutr hot. Still links mc with my youthl In the last few weeks, says a dis. patch, 20 breweiiCB in Bohemia have suspended operations. Tho Bohemian lfe isn't what It used to be. The extermination of mistletoe is one of the tasks that the depart ment of agriculturo has lately un dertaken. No especial public Inter est in tne matter has been shown, it being many years since mistletoe served any useful purpose as an incentive to osculation. Tho kiss of today is self-starting. If the department of agricul ture wants to tackle another sea sonal pest, it has our permission to put an embargo on "Amas." (Copyright 1925) TOLL OF DEAD POSSIBLY THREE Nederlaml, Colo., Dec. 5 (AP) The toll of (lend in the fire and cave-in yesterday at the Pairview company's silver, gold and lead mine near here remained today at two, with a third man linger ing at death's door. Prentice Norris, one of the vol unteer rescue workers, was Ivine in a Boulder hospital In a "seri ous condition " doctors declared. Norris was overcome by fumes after he led the -second rescue party into the mine and succeed ed in bringing out the miners left behind after the first rescue par ty was forced to retire because of the gases. . Three other men two members of the rescue parties and one miner were in Boulder hospitals and "doing nicely" internes re ported. The two dead men are Robert Stephenson, a miner and Charles Herquist, a rescuer. All of the miners except one in the Boulder hospital had return ed to their homes, apparently lit tle the worse from their experi ence. Nazimova Confesses To Shattered Romance With Her Hartford, Conn., Dec. 5 (AP) The Hartford Courant says to day that Alia Nazimova, trage dienne, has disclosed that al though Bbe and Charles Bryant, formerly her leading man, lived together for fourteen years as man and wife, they never mar ried. The admission of a shattered romance apparently has been made-to save the man she loves from possible prosecution for per jury and bigamy. Nazimova obtained a divorce abroad from a Russian, whom she left years ago. Bryant was married in New Mel ford, Conn., lest month to Miss Marjorie Gil hooley of Elizabeth, N. J. In applying for a license be averred ho had never been mar ried. Later, when It seemed he might face arrest because It was thought be had been married to Nazimova, Bryant insisted that SIX STREETS 10 BE Portland, Fairgrounds, Capitol, Court, State And Commercial To Get Rights Of Way. An ordinance will be introduced at the city council meeting Mon day night to make through streets of six of the main truffle arteries in Salcui and requiring all vehicles to come to a full Btop before en tering those streets from intersec ting ctreete. The thoroughfares which the bill proposes to make through streets are: .Portland road, from the north city limits to Highland avenue. Fairgrounds road, from High land avenue to Capitol street. Capitol street, from Fairgrounds road to Court street. Court street, from Capitol street to Church street. State street, from Church street to the east line of 25th street, it extended. Commercial street, from State street to the south city limits. The ordinance provides not only that all vehicles approaching from intersecting streets shall come to a lull stop, but also all vehicles ap proaching from alleys, private roadways or any other kind of ap- proacnes. The streets declared to be through streets shall be marked at each intersection by a pole five feet long above tho surface of the street on the side of the through street and the eide of the Inter secting street. The poles shall be painted black and yellow In stripes and the word "Stop" shall be placed on a yellow disc which shall be placed on, the poles. Two other ' important traffic provisions are provided in the oroi nace bill. One would prohibit turning vehicles except at inter sections within the fire limits of the city, and Uie other would lim it the number of p or sons permitted to ride in the front seat of a motor vehicle with the driver. The lat ter provision is causing some diffi culty relative to the age limit. Mayor Ciiesy and some members)! the council arc doubtful if the age of 12, mentioned 'n the bill. Is young enough. This provision provides that It shall be unlawful for the driver of any motor vehicle to carry in the driver's seat with himself more than two persons over 3 2 years old, or more than one person over 12 and two persons under 12, or more than three persons under 12 The provision would apply to coupes and roadsters ns well as to other cars. Persons violating any ot the pro visions of the ordinance would, up ou conviction in the record's court, be punished by a fine not exceed ing $200. or by imprisonment in the city jail riot more than 30 days or by both such fine and Imprison men. Washington, Dec. 5. (A. P.) The situation in syria nas so im proved that the American govern ment in fnntflprtnc withdrawn! nf the two destroyers sent to Beirut to protect American inteersts. Leading Man his statement when getting the license was correct. In 1912 there was an announce mont In New York that Bryant and Nazimova had been married "He spoke the truth," Nazimova told the Courant when asked if Bryant was single when he mar ried Miss Gilhooley. "What is there to say? Every thing that can be said has been said. Why should the matter be stirred up further? Mr. Bryant did not perjure himself. He is now happily married. Wby both er with the matter? "That what has happened since Bryant was married the other day- has greatly hurt me. I have been living et the top of a volcano. am worried to death. For the last several days I have been hunt ed like an animal in the woods ft hurts me to talk about this mat ter. I cannot talk about It. What la It all except something to wor ry a woman mortally to death? MAIN TRAFFICLINES Verden Mof f itt Near Death From. ; Crashing Into Train Los Angeles, Oil., Dec. 5 (A.P.) Verden MofCltt, coun ty motorcycle officer, former police chief at Salem, Ore., and member of the federal prolilbltlon forces In Oregon, was near death this morning In Mcmornl bosptal, Whit tier, Oal., suffering from injuries received when he crashed in to a train at a railroad cross ing at Norwnlk while clias nig a speeder. Tlio sitccricr crossed the track In front of the train. Morritt, unable to stop his motorcycle crashed Into tiie train. E E Three more blighted romances are evidenced by three new di vorce complaints filed iu circuit court. One of these m to term nate a wedded existence started in 1888, disrupted by one divorce and reunited in 1907. In this case, the complaint avers, H. L. Staples and KUa T. Staples were married 'S'i years ago at St. Cloud, Minn., divorced, and married at Spokane again in 1907. In August, 1922 he states, she deserted him auu has been living apart from him evtr since. Five children were born to the marriage, the com plaint state, three of whom are living. G. W. Philbrick 1b another bus band seeking separation from his wife. Mary E. Philbrick. In his case he charges she treated him cruelly and inhumanly. He declares that when tney were livinc near Santa Rcsa. CaL. oi far. she permitted her son, who had gained inucn notoriety as' orizp fighter, to assume manage ment of the place. He says the man was a son by a former mar rirfge. He declares that the eon abused him and threatened him with bodily barm, and that they forced him to leave the house and make his abode in a biacksmiui shop on the place. In 1910, h avers, the situation became so un bearable, he settled up the prop erty rights and left. They were married at Oakland, Cal., In 19U6 Inez Nye asks a divorce iroin Merle M. Nye, charging that he deserted her in October, 1924. Thero is one child. They were married at Knlama, Wash., in Sep tember, 1920. She asks for $15" to cover attorney's fee and costs. Pending determination in . tho state supreme court of the case of W. A. Barrett and J. J. Barrett of Albany, ngalnst the Union Bridge company, the slate highway com mission will be unable to complete construction of the Albany ap proach to the new bridge over the Willamette river at that place. To guard against tragedy that might befall users of the old. bridge, the commission has opened tho new bridge to traffic by making the approach usable with temporary construction work. On April 17, this year, Judge L. H. McMahan of the circuit court for Linn county signed a decree enjoining the Union Bridge com pany, holders of the contract of the state highway commission from building the approach In Ellsworth street. The Union Bridge company appealed to the supreme court and continued with the construction of the bridge except the Albany ap proach. On December 1 the commission although It was not a party to the suit, received a demand from the attorney for the Barretts, that it tear out the approach, which would prevent the use of the bridge. How ever,- the commission is continuing to use the bridge. The Barrets contend that the ap proach will damage their property abutting on Ellsworth street, and should they win In the supreme court a suit for money settlement will doubtless be Instituted. The city of Albany voted bonds In the sum of $36,000 and Linn county In the sum of $112,600 for construction of the bridge, and no protest at that time was made by the plaintiffs. HANEY LIKELY TO E Democrats File Protest Over Selection Of Dana As They Were Not Con sulted About It. Washington, Dec. 6. (A. P.) Possibility that Bert E. Huney may continue- for some time to serve as a shipping board commis sioner despite the intention ot President Coolidgo not to renom inate him lor the poet, was indi cated today after Senator McNary, republican, Oregon, had discussed tho prospective vacancy with the president. Senator McNary recommended two Oregon men for Haney's place on tiie board Frank L. Shull, re publican, of Portland and Mnrsuall N. Dana, democrat, of the same city. An unexpected development In the situation, which may serve to block Dana's selection, was a pro test made today against his choice by W. R. King, democratic nation al committeeman from Oregon, and C. J. Smith, chairman of the dem ocratic state central committee, who eaid they had not been con sulted about his appointment. McNary, conceding that he had not diecnsHcd the situation with "Continued on Page Eishn 'Fighting Bill" Smith, for years notorious character of the Silvcrton country, who served one term in the penitentiary, and came near to another one last year when Circuit Judge Kelly sentenced him to five years for felonious assault and paroled him on condition that he remain out of the county, invaded his old bailiwick again recently and stir red up considerable trouble, ac cording to information received from there. The word fs that he 1b now back In Portland where he has been holding out since the conditions of his parole were Im posed. Tho parole provided he was to stay away from the county during the entire five year period of his sentence. . According to information re ceived hero "Fighting Bill'1 caus ed much concern on bis recent vis it back to his old haunts, among other things It being charged he drew a gun on one citizen. It is understood Smith was giv en permission to go back for one day to straighten up some busi ness, but overstayed his permis sion, however, hustling back to Portland when the situation be came too Interesting. According to Silverronians, "Fighting Bill" earned his so briquet honestly and kept a dis trict above Silverton terrorized for years. He served a term In prison for an assault, and the last tine when ho appeared It was stutcd beat a man up with much vlgoi and satisfactory rcults to "Fighting Dill.-' It is not knovn whether action will be taken toward revocation of his parole because nf his lat est escapade. MEDFORD TODAY Mrdfoid, Ore.. Dec. 5 The 8a lm and Mcdford high school foot- bull teams ore ready for their In ter-scctlonal clash this afternoon to decide the championship of wes tern Oregon. The Salem team held a light signal practice and work out this morning on Van Scoyoc field. The average weight, accord. Ing to school officials, of the Ra lem team Is 166, Medford 165. An estimated crowd of 6000 Is exepct ed to witness the game. Clear and cold weather and a fast field are predicted for the game. HOLD IE TM Oil Flow Traced To Auto Wreck Rickreall Road Rlekreall, Ore., Dec. 6 Ths oil! bubble which started here Thurs day with the discovery of oil seep ing from the drain pipe on the George Walte farm was believed' to have burst today when Investi gation indicated that the oil enter ed the pipe at Its opening on the highway, some 100 rods from the place where the oil was discovered. A Capital Journal correspondont, sent to the scene of the oil flurry today, and accompanied by H. C. Enkin, Dallas abstract man, today found traces of gasoline, spilled at the time of an auto accident on Nov. 14, on the highway at the opening of the drain. Further In vestigation bore out the theory that the oil found at the mouth of the pipe was gasoline spilled when the gas tank of the auto had burst. The oil has a clarity seldom found In oil as it originally comes out of the ground. It burns readily, giving off a black smoke, and gen erally resembling kerosene, which TO FATHER BILL TO GIVE STATE LANDS Chicago, Dec. 5. (A. P.) Sen ator Robert Nelson Stanfield, re publican, of Oregon, chairman ot the senate public lands committee, announced here today that at the coming session of congress he would introduce a bill providing for turning over the full proceeds from utilization of public lands to the various states in which gov ernment reserved property lies. Ho also will urge enactment or law giving rights to basic in dustries that now are dependent upon utilization of such resources, such as the livestock men, who now graze cattle upon the public lands only by permit of the bu reau of forestry. Development of the eleven western states in which the gov ernment bus 180.000,000 acres ot unrsorved public lands and 130,- 000,000 acres of reserved territory aside from national parks, game preserves, national monuments and mineral and Indian rescrvatior j, is throttled largely by reason of re moval from the state tax lists of those lands, Senator Stanfield said. The public lands aggregate 30 per cent of the total area of th eleven western states and in some of these the appraised vulue of the land which is exempt from state taxation Is one-fourth the total axahle value of the state. LASSEN PEAK ERUPTING Sacramento, Cal., Doc. C (A.P.) A special dispatch to The Bee says that an eruption of Laewen peak commenced at 7 a. m. today, a great volume of smoke rolling out and drifting southward. It was continuing at 8 o'clock. Emp Hons of smoke also occurred yes terday. Tokyo, Japan, Dec. 6. (A.P.) Two more Japanese destroyers sailed today from Kure to Port Arthur to augment tiie reorganiza tion of the Japanese fleet in wati-rn continguous lo China for the pro tection of Japanese interests in tho event of threatening condi tions. Love for Wild Horses Causes Cowboy To Roekford, III., Dec. 6. (A. P.) The affections of a Montana cow boy for the eml-wild horses of his native ranges may cost him his life. Frank. Lilts, Miles City, Mont., cowboy, learning that horses raised on a ranch where he was working were being shipped to Roekford for slaughter at a horse meat packing plant, came here with the Intention of dynamiting the plant, and was seriously wounded in the attempt. Ho was found In a thicket where he crawled after he was shot by a detective who had surprised him in the act of placing enough ex would be the case If gasoline seep ed through. a drain pipe for a per iod of three weeks. It smells like kerosene. When the oil was discovered It created the greatest flurry that this community has experienced In re cent years. Two Grants Pass men, hearing of the "discovery" drove nil night to get on the scene nnd obtain samples of the oil. They be came highly enthusiastic about the "find." Another Individual who had had some experience In oil fields, arriving on the scene, declared that it reminded him very much of a record striko in Pennsylvania years ago, the oil here being of about the same richness. The scene of the activity Is a half mile south of the Nesmlth station. Interest in oil has been sustained In this neighborhood for several years, some natural gas having been actually found, and several attempts having been made to get oil by putting down wells. EXPENSES CUT T. B. Jones and J. A. Baker of Salem and J. W. Mayo of Staytou will bo members of the budget committee to act with members of the county court in passing on the county budget, providing the three citizens will accept, County Judge Hunt stutcd today. The same three acted as the citizens on the budget committee last yenr. According to tentative plana the budget committee will meet De cembcr 8 to pass on items in the budget, providing they are ready by that time, and the general tux- payers meeting for the same pur pose, Is scheduled for December JO under present plons. The court yesterday very nearly put the finishing touches on that portion of the county budget re lating to county fiscal affairs and It is expected it will be rmisiieu within a short Limo. So far tdio state tux for this county has not been certified to by the state tax commission but is expected at any time. Judge Hunt reiterated his state ment today that indications are the county budget for county expenses-alone will bo no higher than last year. The court has been cut til ng here and there to meet the situation, but is not advised as yet just whut tho status of the total in since Mie court went over it. Tho court was unable to say to day whether or not It would be able to assist the free employment service at the Y. M. C. A. "We intend to keep the budget within hist year's limit," stated the county judge. "We nre going to do it if there Is any possibility." BRITISH STEAMER SINKS IN COLLISION ON SCHELDT London, Dsc. 5. (A. P.) The Flritish steamer Ashton sank to day nfte r a collision with tin United Ktatcs shipping bo.inl steamer Federal In tho Scheld river. Tfto Ash ton went down within a few mln tiles with the loss of tho captain, pilot and three members nf the crew. Dynamite Packers plosive to destroy Chappcl Broth ers, where horses are slaughtered for dog fod and for export to Eur ope. From his cot In the hospital ward of the jail, Lit Is gnve the po lice a statement telling ot four previous attempts to burn the plant after he had written a letter lo Mrs. Coolidgo, wife of the preM- d?nt, asking her to use her Influ ence to stop the practice. Ono of the fires, two month" ago, injured several persons and destroyed one unit of the plant with an estimated loss of 160,000 The other threp were extinguished (Continued oa Page Seven) CHIEFDEPUTY TED 10 Former Gilliam Sheriff, Known as Striet Discip- , linaiian Succeeds Dal rymple At Prison. J. W. Lillie was today appointed by Governor Pierce as warden of .. the state penitentiary to succeed A. M. Dalrymple. The change is effective at once. Lillie has been deputy warden of the prison under Dalrymplo and prior to that served us deputy un der Johnson Smith, beginning his duties as deputy June 1, 1923. Dalrymple has been warden -since October 8, 1923. Immediately upon his aupoint- nient today Lillie announced the ippoinliuent of Cantata W. E. Golden, turnkey at the prison, ab ins uepuiy. DalrvinmV Returns. Dairy mule ruturned onlv Inst night from a mouth's trip to Jack- sou, Miss., where ho attended a national prison conference, and a" visit to the Wisconsin reformatory at Green Bay and the Mississippi penuenunry at Parkliam. . His resignation, which was announced immediately after a conference with the governor early this morn ing, lg considered a result of the prison break of AugUBt 12, In which two guards wore killed, and subsequent publicity of an unfav orable nature relative to his ad ministration of prison affairs. That Dalrymple resigned at the rrequeat of the governor is un questioned here, and why the change was made immediately aft er Dulrymple had been sent on a long quest for prison information in the sout'h is causing consider able quandary. Prior to being appointed war den, Dalrymple was commissary at the prison, a position which 'he also held about 20 years ago. He has been active in democratic poli tics in Oregon for years and under the Wilson admtnist-ation was connected with- the internal reve nue service. Is Former Sheriff. Mr. Lillie, the new warden, was (Continued on Pago Seven I 30 DAYS JAIL ADDED TO FINE OF Circuit Judge L. II. McMahan this morning vacated his former op dor of sentence for John Andrews, tester Dickson and Henry John. son, Mt. Angel moonshiners. In which ho imposed a fine on each of the men and entered a new sen tence, Imposing the same flm as in tho original order, but also add ing 30 days in jail apiece to tho sen tences. John Andrews and Lester Dickson are fned $500 each, and Johnson a $200 fine, the latter fine beini? Imposed because of the de fendant's afie. Notlco of appeal Immediately was filed by JuiIro W. N. Gaten of Portland, one of tho attorney!) for the three men, and bonds post ed for each. "Mr. Grltchlow, tiie other attor ney in the case, is 111 and was on ablo to be here," stated Judge Ga tens. "Consequently notice of ap peal Is being filed for the tuns being until we can ascertain Just what wo wish to do.'1 Judge G a tens has Intimated thai If the other case pending against the men Is dropped, it Is possible the notice of appeal may be wth drawn, although he said nothing In rogard thereto in the courtroom. The men are still waiting tni outcome of appeal from a eas In Justice court, involving the same facts, sentences of six months la Jail and $S0O fine for each having been imposed In those sentences. In vacating his former order. and imposing the new sentences. Judge McMahan stated that In Im posing the original sentences neith er ho nor the district attorney bad noted the provision in the law making a jail sentence mandatory In cases of this chnractcr. "It was simply overlooked," h stated. PROMO WARDENS!