Capital
RAIN
Tonight and Thursday with now
In the mountains, moderate tem
perature. Fresh southwest winds.
Local: Max. 70; Min. 39; Rain,
.(1; River -1.4 leet; cloudy, south
erly wind.
CIRCULATION
Dallr averaga distribution far the
month cndint Novwbi 30, 2928
10,226
Averts dally oct paid 084?
Member Audit Bureau of circulation
42nd YEAR, No. 295
Entered aa second elaac
matter at Salem. Oregon
SALEM, OREGON, WEDNESDAY "MBER 11, 1929
ktamis fivn Cham
o ;o a
rn
UVJ
em
wm
fo)rn
JDIIY
Mdfi
HILT
DEFENSE RESTS
IN DISBARMENT
CASE QF JOSEPH
Joseph Last Witness, Ad
mits -Employment As
Telegram Attorney
.Option on Mine Given by
Rand to Mannix Plac
ed in Evidence
Submission of the testimony of
witnesses and the concluding argu
ments of counsel in the disbarment
proceedings against George Joseph,
Portland attorney, should be com
pleted and the case in the hands of
the referees lor a decision oy nignt
fall, it was indicated by attorneys
for the prosecution and defense just
before noon Wednesday.
Combatting testimony Introduced
by the defense in me ueorge jos
eDh disbarment case by Elvin C.
Condit to the effect that he had
furnished liquor to Thomas Mannix
who In turn gave it to Chief Jus
tice McBride of the supreme court
to influence him as a member of the
court, the prosecution Wednesday
afternoon called Homer C. Conser,
former business partner of Con
dit. Conser and others were called
as rebuttal witnesses
Conser said that there were two
cases of liquor at their place of I
business in July, 1923, but that it
was purchased because they under
stood it would be in demand dur
ing the Elks convention. At no
other time during the year, he said,
was any liquor kept there.
Conser said further that the liquor
disappeared while he was In a hos
pital, and that Condit told him he
did not know what became of it.
When the Joseph disbarment charg
es against Mannix were filed with
the grievance committee of the
Multnomah Bar association, how
ever, he said that Condit came to
him and asked him to swear that
the liquor had been given to Man
nix. Conser said that Condit's reputa
tion for truth and veracity was bad.
Other character witnesses Intro
duced were A. A. Blnrord, rice pres
ident of the Citizen's bank of Port
land, and aSkiephine Gault, book
keeper and cashier of the North
Coast Electric company, both of
whom said Condit's reputation for
truth and "veracity was bad. Bin
ford said the bank refused to loan
. Condit money over a period of about
t year before he removed his ac
count from the bank.
The defense rested Its case after
an hour of slow progress, marked
chiefly by the failure of a defense
witness to put In an appearance, at
the morning session. Joseph himself
was the last witness put on the
stand by the defense attorneys and
his presence in the chair terminated
In less than five minutes of direct
examination by John C. Veach when
the prosecution carried Its cross-
examination no further than to
elicit from Joseph his admission
that he has been over a period of
( Conclided6npagel0. column fl)"
$265,025 OF
FOREST FUNDS
The sum of $265,025.9 has been
Vecelved by the state treasur from
the comptroller general at Wash
ington, D. C which is 25 per cent
of the receipts from national for
ests in Oregon during the fiscal
year ending June 30. 1929. Receipts
lor 1929 were Sm.6ol.73.
The fund consists of all moneys
received from forest reserve rentals,
sales of timber and other sources.
The receipts from each federal
forest reserve within the state are
apportioned by the secretary of
state to the several counties In the
proportion which the area of the
particular forest reserve within the
county bears to the total forest re
serve area in the state.
The moneys so received by each
county are divided In the proportion
of 75 per cent to the county road
fund for bond retirement and sink
ing fund purposes, and 25 per cent
to the county school fund for the
payment of the bonded and warrant
indebtedness ol school districts in
curred prior to January 1, 1925.
GREATlORTHERN
EARNINGS LARGER
Washington Operating rer
vnues of the Great Northern rail
way will show an Increase of 11.940.
000 for the year under a ruling
Wednesday by the Interstate com
merce commission which permitted
the road to charge off an abandon
ed tunnel In the Cascades, valued
at about 110.000000 to profit and
loss Instead of operating cost.
Good Evening!
Sips for Supper
By DON UPJOHN
Doaione If we didn't get lonesome
all over last night.
Ws went to the old Orand Opera
house to hear the Elks tune In on
their first musical comedy'for 10
years. It took us back 20 years ago
or so, when the old Orand was the
Metropolitan opera house of the val
ley. It took us back to the days of Nat
Goodwin, DeWolf Hopper, Lew
Dockstader, Jeff DeAngelis and the
rest if the boys. As we looked,
around we expected to see Doc Tom
my Smith, Harry Albert, Casey Ol-
lnger. Charley McNary, Skipper
Durbin and the others who never
missed a night In the old times. In
those days we knew everybody there,
no matter how packed the house.
But last night we looked around
and we knew hardly anyone. We
saw the gray head of Cus Hucke
steui, the bald head of Rufe Harris,
the round head of Si Eakin, but
looked In vain for the square head
of Walt Thompson. J. C. Perry was
there, maybe' a few more hidden
where we couldn't see them. But
the rest of them were strangers. The
old town has growed up.
Down In front Oscar Steelhammer
was trying to hit Mary Schultz in
the back of the neck every time he
extended his trombone. Clarence
Wenger was tapping the ivories. But
Tex Stoudenmeyer was absent. So
was Tommy Holman. Those are the
boys who used to tune up when
The Tale of the Kangaroo," was
whistled all over town and "I'm
Afraid to go Home in the Dark,'
was the favorite singing melody.
Folks, just the same, it's a hot dog
show the Elks are putting on over
at the Grand. Plenty of pretty girls,
a lot of catchy tunes well sung,
some good comedy, and you don't
have to stay up all night to hear It
like you do with some home-town
productions.
The receipts go to the Christ
mas cheer fund. It's on again to
night and you couldn't spend an
evening, and six bits better.
And it will do the old timers good
to go, To sit and see the ghosts of
other Elk shows of the past. To
dream of the days when Cushion
Foot Belle, Harry Wenderoth and
other old timers were chorus men.
And Lottie Smith was the prima
donna. Yea, they were good old days.
80 don't forget there's another
Christmas cheer show tonight and
take it in.
3 REPORTERS
OUT OF JAIL
Washington (IP) Three reporters
who preferred Jail to naming the
source of confidential Information
contained in certain news stories
they wrote, -vere at liberty here
Tuesday after serving 40 days of a
45 day sentence for contempt of
court.
The three, Linton Burkett, Gor
man M. Hendricks and Jack Nevln
Jr., of the Washington Times, were
released shortly after midnight.
They had had five days clipped
from their sentence for good beha
vior, on recommendation of Lieut.
Colonel Peaks, superintendent of the
District of Columbia Jail.
They were adjudged in contempt
by Justice Peyton Gordon when
they refused to tell a grand jury
the sources of material used In an
expose of Washington liquor condi
tions, published by tile Times.
$25,000 Paid For
Lot On High Street
Next To City Hall
VAvcarA a KrhiinkA and Martha Schunke his wife, have
just closed a deal purchasing; from J. W. Parker and Exie
Parker oronertv on High street immediately adjoining; the
city hall on the south. The ? -
sideratlon Is understood to be 25-
000. The property Is 16 leet deep
and has a frontage of M feet and
eight Inches on High street.
width sufficient for two good sized
stores. The deal was closed through
the Leo N. Chllds Realty company.
While Mr. Schunke is manager
and one of the stockholders In the
Roth Grocery company and It Is
known that the Roth company's
property on Liberty street is under
lease to the P. W. Grant company
on a 20 year basis starting with
January 1. 1931 and that the Roth
company has been seeking a new
location, Mr. Schunke states p (Mi
REBEL DRIVE
UPON CANTON
MEETSDEFEAT
Initial Attempt to Cap
ture City Repulsed
With Heavy Losses
Three Days Battle Ends
In Defeat of Ironsides
And Capture of 5000
, Canton (fl) The rebels' Initial at
tempt to capture Canton appear
ed Wednesday to have t?n tem
porarily checked by nationalist gov
ernment troops after a heavy en
gagement since Monday night, with
many thousands of- casualties on
each side.
The hospitals are full of wound
ed men and otlKrs are arriving.
For a time the issue seemed doubt
ful. The "Ironsides division" reb
els under General Chang Kak-Wei
broke through the nationalists' lines
north of Canton and at the height
of the battle were within two
hours' march of the city. Artillery
fire was plainly heard in Canton.
The nationalists rallied, however,
and thrust rebels back to the start
ing point of their drive. The re-
(Concludedoh'pRne 10colu mn'lf
SENATE FARM
BLOC ATTACKED
IN BOTH HOUSES
Washington (Uv The senate farm
bloc was attacked in both houses
of congress Wednesday.
Representative Ramseyer, re
publican, Iowa, himself a farm
representative, criticized the sen
ate's action. In repealing the presi
dent's power to change tariff rates
under the nexioie provision ana
Senator Allen, republican, Kansas,
another westerner, arose to defend
Minnesota editors who urged con
gress to pass a tariff bill quickly
without cutting Industrial rates.
The senate turned for a mo
ment to consider the wide impor
tance of the supreme courts O'
Fallon railroad decision of last
spring, and Senator Howell, repub
lican, Nebraska, Introduced a joint
resolution which would in effect re
verse the supreme court as stating
the intention of congress that the
interstate commerce commission's
basis of rate making should be
continued.
The supreme court held that the
commission violated the Esc h-Cummins
transportation act by failing
to take into consideration the re
production "new" factor of viola
tion. Howell said this places the re
.ponsibllity squarely on congress
to express Its Intent, and warned
that aggregate rail valuations can
be Increased 43 per cent and rates
to a point "as high as the traffic
will bear," under the present situa
tion. TWO STREET CARS
. DAMAGED BY BOMB
New Orleans, La. (IP) Two street
cars were bombed here Tuesday
night, resulting in Injury to one
person and approximately "fl ,500
damages. The cars were, partially
wrecked when they passed over an
explosive, which had been placed
under the tracks.
,, ,ht the preent purchase Is
!" V!tiii.i...i L
nn mtlrelv Individual deal
"I cannot say what the Roth
company will do. In fact It has not
been decided what the Roth com
pany will do, whether It will lease
or build," stated Mr. Scnunke. "The
present deal is on made on my
own individual motion and the
Roth company Is not involved In
It. I made the purchase as an In
vestment In a god sound piece of
downtown real estate
It has been known for some time
that the Roth company has been
sounding the oration of sites In
various places bfith on Liberty and
(Concluded on pi.se 4, column 6i
FLOOD WATERS
GREAT BRITAIN
Fresh Gales Add to Ha
voc Caused by Terrific
Storm Over Europe
Death Toll 184 Historic
Points Submerged
Steamers in Distress
London (JP) Flood waters were
mounting In England Wednesday
as fresh gales sw.pt across the
British Isles, adding to the possibil
ity of further havoc by the terrific
storm which already has taken 184
lives along the British and conti
nental coasts, -
There were heavy floods in Por
tugal, swollen rivers in France and
flood conditions In many parts of
England, particularly along the
Thames river which last year over-,
flowed Its banks with great damage.
The stream reached nearly three
miles In breadth In places.
Several historic points near Lon
don were being threatened. The late
art gallery, with Its rich collection
was being guarded carefully as the
Thames mounted. The lower
grounds of Windsor castle were un
der water while the grounds of his
toric Eton college acroia the river
also were flooded. The famous Mea
dow In Runnymede.. near Egham.
where Magna Charta was signed is
now a big Inland lake, while punts
and boats were navigating the main
streets of various riverside towns.-.
People were driven from bunga
low homes in some instances. Ox
ford was nearly surrounded by wa
ter. Streets in some places were one
to two fee deep in flood water.
Reports continued to arrive of ef
fect of the gales at sea. The steam
er St. Louis ran ashore off Ushant
(Concluded on page ilcolumn 7
NEW QUESTIONS
TO BE ASKED BY
CENSUS TAKERS
Washington (JPh-Five new ques
tions are included in the question'
naire prepared for enumerating the
population In the 1930 census.
For the first time the enumera
tors will ask the value of the home,
if owner, or the monthly rental, If
rented: whether the home owns
radio set; the age at the time of the
first marriage: whether actually at
work, and whether a veteran of the
armed forces of the United States
and during what war.
In making public this question
naire Wednesday the commerce de
partment said that the question of j
home ownership would make pos
sible a classification of families ac
cording to economic status or buy
ing power.
The counting or radio sets w ex
pected to give a direct answer to
the question as to the size of the
potential radio audience.
Enumerators will pay special at
tention to the classification of gain
ful workers according to occupa
tions and Industry and a special
schedule for unemployment will
contain a number of questions de
signed to seperate those not work
ing Into several classes.
HOOVER'S FRIEND
SUGARLOBBYIST
Washington UP) H. C. Lakln,
president of the Cuba company,
sugar importers, testified Wednes
day before the senate lobby com
mittee that Edwin P. Bhattuek
would not accept employment with
his concern until he had consulted
with Mr. Hoover, then president
elect, at Miami, Florida.
Lakln said he wished to employ
Shattuck to work for lower sugar
duties and that the latter accept
ed after conferring with the then
president-elect. He added that he
understood that the president "said
It was all right."
"In effect, you offered to hire him
and he asked Hoover if It would be
all right?" asked Chairman Car
away of the senate finance commit
tee. He had told- tn committee
that Shattuck was probably Mr.
Hoover's "closest legal friend" and
that he was the personal attorney
for the president and his lamny.
STAVTON POSTMISTRESS
Washington llPV President Hoov
er has nominated Emma B. Bloper
snrt Nellie P. Batchwell as post
mistresses at Stayton and Shedd
pectivel v.
Relief Plane
B 1 " II I 1 1 II " i "1 ' 1 1 i J ' "" ' 1 " i i
m Via! -ifii-inafiimmr'iri,rr
True to his word, Lee Eyerly,
plane ready to take-off for the far
The large monoplane as It appeared at the airport, with an extra SO gallon barrel of gasoline and other sup
plies just before leaving. The plane is electrically heated to combat the low temperatures of the north. The
insert shows Ererly going over the aerial route with Baron Strutaky, noted Russian flier, who Is piloling
the plane. Baron Strutsky arrived late Tuesday with bis special fur flying suit. If weather Hermits, the
rescue plane will land at the airport
ana anus viaus ounmra into a last
MISSED BY SANTA 4 YEARS
em pa est tm b8ss83bb s
WANTS CHEAP FOOTBALL
Journal Explorers
Shown Santa's Great
Toy Shop By Gnomes
i By CAPT. KLEINSCHMIDT
With Capital Journal Expedition en Route to Salem
(Just North of Nome) Our reception by Santa Claus at his
great ice palace was a wonderful event. After shaking hands
with santa we were escortea up in;
Castle steps 'past a lane of gnomes I
who stood at attention like soldiers.
The great portal of bronze and gold
inlaid doors swung open by invis
ible hands and we looked down a
corridor miles in length with a ceil
ing as high as the greatest cathe
dral and supported by wonderfully
carved columns.
T j walls were glistening like
snow and inlaid with pictures In
mosaics and gold. There were scenes
of the birth of Christ and the shep
herds and the Wise Men. Wherever
we gazed were Christmas symbols
and Christmas stories.
Santa led us to one part of his
castle, his own r orris, where he
lives, reads and eats and sleeps.
Mrs. K. was eager to see Santa's
Concluded on page J 1. column 7
COALITION IN
SENATE DIVIDES
ON WOOL TARIFF
Washington IJFi The senate Wed
nesday continued with the wool tar
iff, over which the republican nv
dependent-democratic coalition has
divided In voting so far, with Sena
tor Blaine of Wisconsin, a member
of the Independent group asserting
the so-called farm group will meet
its Waterloo if It follows a leadership
"that carries us along the way with
Mr. Grundy and his associates.'
The reference to Mr. Grundy was
to Joseph T. Orundy, president of
the Pennsylvania Manufacturers'
association and a high tariff advo
cate.
Recalling "the little band of
twelve insurgents." led by the late
Jonathan P. Dolllver or Iowa, and
Robert M. LaPollette. Sr., of Wis
consin, who opposed the wool sched
ule In the Payne-Aldrlch bill of
1908, Blaine said there were no
disasters to the cause then.
"I confess," he asserted, "if this
program goes through that leader
ship ffarm group) cannot Justify an
assault upon the Industrial rates
carried In this bill." He added it
was not high rates on agricultural
products but a scaling down of rates
upon- commodities entering - int
farm cost operations."
Senator Simmons, democrat
North Carolina, also recalled the
1M9 fight on the wool schedule and
said It led to a "political revolution
In 1912."
ETNA ACTIVE
Catania, Sicily iA-t Mount Etna
was showing considerable activity
Wednesday. The mouth to the
northeait emitted smoke and cln
1 forth sulfurous fumes.
Winging Way Towards Nome.
irh.r - i'V. iriffi - ...
Capital Journal Staff Photo
superintendent of Ihe municipal airport, had the bur Santa Claim relief
north Wednesday morning to brinr
Saturday morning, otherwise a safe
auiomooue ana rusnea 10 baiem.
3.21 INCHES OF
RAIN IN THREE
DAYS OF STORM
SALEM RAINFALL
Precipitation totalling .62
f an Inch fell Tuesday and
Tuesday night In Salem,
making the total rainfall fol
Ihe past three day 3-21 fo
rties. Rain continued all day
Wednesday.
San Francisco (P, New disturb
ances over the Pacific ocean Wed
nesday gave promise of rain to
northern California and Oregon
and Washington for several days,
M. B. Summers, senior meteorologist
at the United States weather bu
reau here, announced. One of these
disturbances Is off the coast of
Washington, one other Is centered
1500 miles west -of San Francisco,
with a third 1000 nttles west of that.
Portland, Ore. (U) Rains con
tinued over the Pacific slope during
Tuesday and Tuesday night and
more are in sight for Wednesday
night and Thursday, the weather
bureau stated Wednesday. The fall
In most places was not as heavy
as earlier in the week but suffi
cient precipitation has already oc
curred to relieve conditions brought
on by the drouth which lasted vir
tually six months.
Portland's total rainfall since
early Sunday morning now meas
ures 4.04 Inches.
The Willamette river has been
rising slightly and Is expected to
continue to rise. At all points up
the valley the river Is now above
zero, ending the lowest water per
iod in many years. .
Rainfall at Portland during the
34 hours ending at 9 a. m. Wed
nesday totalled .39 of an Inch. Ore
gon City had .60; Salem, 61; Eu
gene, .46; Wolf Creek, .74; San
Francisco, M; Sacramento, .19:
Fresno. .44; Seattle, .32; Spokane.
.04; and Marshlleld, .10.
20 INCHES SNOW
COVERS CASCADES
Bend (JPi Highway department
Tews reported an additional snow
fall of one foot on the summit at
McKenzie pass, bring in the total
depth of snow to 20 inches on the
level Wednesday morning. A bliz
zard raged over the Cascade range
during the night, the rain of Tues
day turning to snow during the af
ternoon.
Santa Claus back to Salem Saturday.
landing will be made awav from here
Cole Warns That Santa
Will Miss Many Unless
Funds Raised.
Public Slow to Respond
To Appeal for Money
To Provide Gifts.
Christmas
Cheer Fund
Capital Journal $25.00
Henry Jacquet 5.00
Curtis Cross 10.00
Receipts First Night,
"The Gypsy Rover". .310.00
f42O.0O
One little boy in Salem has not
been remembered by Santa Claus
for four long years, and his little
four-year-old brother has good rea
son to doubt that there Is such a
good saint.
Writing to Santa the older bro
ther says:
"Dear Santa:
T have been laid up for a long
time and cannot hear anything. And
also my brother has been very sick
too. Now I am going to ask you if
you will bring me a football. If Its
only a cheap one It will do anyway.
"I have not had a present for
four years. And my little brother, he
Is now 4 years old, and all his life
he has not had any present."
This boy's name is not Willie, but
that name will do Just as well as
any other, and there are a lot more
little boys whose names might be
Willie who are not going to have
any more Christmas than this Wil
lie has had for the past four years
unless the people of Salem open up
their hearts and their purse strings
and provide the money with which
the Elks are to help Santa take care
of all of the little boys and girls.
"With more children to look after
than ever before the response to
the call for funds for the Christ
mas Cheer movement this year is
slower than ever before," said Bob
Cole, chairman of the committee in
charge of the movement.
"Last year the people of Salem
IConchidrd on page 11, column 6)
Sensations
Hearing, If Any, Yet
To Come In Rebuttal
By HARRY N. CRA1N
The sensations forecast for disclosure during the disbar
ment proceding, now being heard before Circuit Judges Skip-
worth, Norton and Wilson as
preme court, have so far not ma
terialised, and there are no Indica
Hons that they will materialize.
Under the ruling of the releree
that "we will hear this whole mat
r regardless of whom ft hits, and
let the chips fall where they may,"
practically all restrictions on the
admissabillty of evidence has been
swept aside.
The referees have taken the po
sition that they want every bit of
testimony In any manner pertinent
to the ease submitted and that they
will then, themselves, "slit the
KEEPER KILLED
TROOPS RESCUE
SEIZEDJARDEII
1.580 Prisoners at Ail-'
burn Stage Revolt
With Smuggled Guns .
Troops Use Tear Bombs.
Governor Refuses To
Compromise
Auburn, N. Y. JP A heavily arm
ed force of police, prison guards and
civilians Wednesday night gained
possession of the Auburn state pris
on yards and the majority of build
ings In the unit, killing two of the
rioting convicts In the progress of
occupying the positions, which .
brought the total number of dead
rioters to five.
Auburn, N. V. typ For the second
time within six months a desperate)
group of long term convicts in the
Aubum state prison mutinied Wed
nesday and spread death and terror
throughout the prison, shooting
down the principal keeper and
seizing the warden and seven guards
whom they held as hostages for
their safe conduct to freedom.
Within four hours. Warden Ed
gar B. Jennings and all seven
guards had been snatched to safety
by state troopers operating behind
barrage of tear gas, and threa -
convicts, including the spokesman
for the mutineers, had been slain,
while the remaining members of the
little group ol defipiTadoes remained
barricaded in the back hall of tha
prison, surrounded by hundreds of
state troopers, national guardsmen
and city police.
The known dead were Principal .
Keeper George A. Durnford, slain
at the outbreak of the mutiny, and
Henry Sullivan, convicted In Kria
Concludcd on pane10, oolumo S)""
nnionn nuinn
rniouiv uUHnu
TELLS STORY OF
AUF5URN MUTINY
Auburn, N. Y. fP) The first de
tailed account of the Auburn prison
riot Wednesday was given by one
of the guards held as hostage by
the convicts and later rescued by
state troopers. He declined to per
mit the use of his name.
"I was in the lower entry unac
companied by any other guard when
I was seized bv some of the in
mates and handcuffed. There wera
six other guards and the warden,
who apparent ly also had been seis
ed somewhere in the long extent of
the hall of the front wing.
"They made us all prisoners and
we were all handcuffed. They told
us that we would be shot unless we
permitted thrm to depart from the
prison unmolested.
"Principal Keeper Durnford had
been seized In the same way, but
resisted and they ahot him.
"Later Father Cleary who camtf
In and tried to act as the go-between
was given the same ultimat
um. The mutineers seemed to b
well armed with pistols and bad
supply of handcuffs.
"I estimated the number of mu
tineers at about 15. As far as I
could tell the rest of the prisoners
were perfectly quiet and orderly In
the yard. No attempt was nvade by
the mutineers to communicate with
them or to induce them to Join In
the revolt.
Of Joseph
reierecs nppnmtrn oy me
vheat from the chaff." Even with
uch latitude Die revelations have
oeen confined chiefly to a rehash ol
charges and counter chargea al
ready disclosed through the prese
over the past four or five years.
disclosures contained in tne cuar
grs upon which Uie two attorneji
are being tried, that Joseph con
spired with Henry Hansen, political
editor of the Portland Telegram,
and others to plant liquor In the
home of Jutlire John U Rand. fli-
(Concluded on PRK. 10, column 4