Medford mail tribune. (Medford, Or.) 1909-1989, January 05, 1920, Image 1

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Medford mail tribune., January 05, 1920, Page 1, Image 1

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Newspaper Page Text7 MEDFORD The Weather Maximum yesterday 45 Mluimuui today 21 Predictions Fair and . uariiHT.. tonight and Sunday. , Dally Fourteenth T Forty-ninth Tear. MEDFORD, OR KG OX, MONDAY. JAXUA1J V !)'() NO. 2-12 tea BUNE CO DRY T t AST HflPF ; OF WETS IS DISPELLED Supreme Court Declares Volstead Prohibition Enforcement Act Con stitutionalBeer Containlna 2.75 Per Cent Alcohol Held llleaal Court Divides On Question Five to Four Day. Vendeventcr. Clark and McRevnolds Dissentinq. WASHINGTON', Jan. 5. The pro hibition enforceemnt act, defining as intoxicating any beverage containing one-half of one per cent or more of alcohol was declared constitutional today by the supreme court in an opinion in which the court divided live to four. Proceedings brought by Jacob Rup pert of Mow York to enjoin the gov ernment from prohibiting the sale of 2.75 per cent beer were ordered dis missed. Ituppert'B case was brought under the war time act. Ho alleged that 2.75 per cent beer was non-intoxicating, but that the Volstead act by lim iting the alcoholic content prohibited the sale of beer manufactured under regulations prescribed under the 1-ever food control act by President Wilson. tin deciding the New Orleans and Baltimore cases Justice Day In unanimous opinion held that the manufacture of beer containing 2.75 per cent alcohol was legal until the enactment of the Volstead act. Indictments brought against (li Standard Brewery at Baltimore and the American 'Brewing company at New Orleans for manufacturing 2.75 per cent beer before the war time prohibition enforcement act became effective were ordered dismissed. WASHINGTON, Jan. 5. The su preme court today declared constitu tional sections of tho Volstead 'prohi bition enforcement act prohibiting the. manufacture and sale of "beer, wine' t'r.- other intoxicating malt or vinous liquors," containing one-half of one per cent or more of alcohol. Beer eontaining 2.75 per cent of alcohol is illegal under the war time prohibition act, the supreme court decided today. Dismissal by the lower court in New York of injunction proceedings brought to restrain government of ficials from interfering with Jacob Kupport, a brewer, in the manufac ture of beer, containing approximate ly 2.7S per cent alcohol, but alleged to be non-intoxicating, was sustain ed. Associate Justice Brandels, who rendered the opinion of the court said the right of congress to sup press the liquor traffic was not an implied power, but a power express ly granted. The court divided, 5 to 4, Associ nte Justices Day, Vandevonter, Clark and McRevnolds dissented. Under the war emergency congress has a right to stop immediate sale of Intoxicating liquor, the court held Justice Mclteynolds in a dissenting opinion said that the eighteenth amendment had not yet come into ef fect and that the federal government had no general power tc prohibit the manufacture and sale of liquor. Justice McReynolds took the posi tion that the war emergency under which national prohibition was made effective had passed. "If the war power cf congress to effectively prohibit the manufacture and sale of intoxicating liquors in order to promote the nation's effic lency In men, munitions and supplies is as full and complete as the police pcwer of the states to effectively en force such prohibition In order to promote the health, safety and mor als of the community," the majority opinion says, "it is clear that the Vol stead act is violated as Is rendered Immaterial the ' questslon whether plaintiffs' beer is Intoxicating. For the legislation and decisions of the highest courts of nearly all of the Mates establish that It is deemed im possible to effectively enforce either prohibitory laws or otner laws mere ly regulating the manufacture an Bale of Intoxicating liquors, if liabil ity or Inclusion within the law t made to depend npon the Issuabt fact whether or net a particular 11- (Continued to Page Two) .ETTISH ARMY BREAKS ' COPKXH.UiKN'. Jan. 5. Dis imtclit's i'rota liii:a today declare Lettish t roups have broken I lie bolshevik front alotir tlit Dvina. Numerous prisoners have befii taken, together with much booty, it is asserted. Two divisions of Lefts, slip ported bv Baltic htndwelir, at tacked the bolsbeviki on n wdie front, the dispatches saw The attack was pressed, the ml lines pierced and the Dvinu crossed. The advance continues, the bol sbeviki ret rent iny rapidly. J CHICAGO, Jan. 5. Xcnrly one thousand republican men and women from fourteen .central west states were here today for the first of a aeries of three two-day conferences arranged by "Will II. 3-1 ays, national chairman, for January. The second will be held in Denver January S und 9, and the third in San Francisco January 12 and 13. Women are to take a prominent part in these gatherings, according to party leaders who are planning their national campaign on the supposition that the national suffrage amend ment will be ratified in time lo give all women voes at tho November election. 1 Mrs. John Glover South, chairman of the women's division cf the repub lican national committee; Mrs. Jle- dill AlcCormfck, former chairman of the women's division; Miss Mary Garrett Hay. chairman of the wom an's national executive committee md Mrs. Margaret Hill McCarter cf Kansas, were among the sp3&kcrs named at the conference here. The Chicago conferences will be pen forums with Miss Hay presid ing. Mrs. Frank Hod son. state chair man of tho republican women's com mittee in Iowa; Mrs. Man ley L. Fos- ;een, Minnesota state chairman; Mrs ilohn Pratt, New York, member cf the -rommittee and ways and means; Mrs. .Augustus Willson, wife of the former governor of Kentucky; Mr?. Harry L. Keefe of Lincoln, Neb., and Mrs. IV. K. Sungster of Sheboygan, Wis., tvere among tho prominent women who- came here for 'the meeting. State chairmen from Kansas, Ken hicky, Michigan, Wisconsin, Iowa, riorida, Missouri and Montana were tmong those here. E OS 0 MEXICO CITY, Jan. 5. Ten ates were shaken by the earthquake hich on Saturday night destroyed least twe villages and caused many (baths in the state of Vera Cruz. These states were Mexico, Puebla Vera Cruz, Oaxaca, Guerrero, More iis, Jalisco, Tlaxcala, Hidalgo and ueretaro. They Btretch from the thmus of Tehuantepec in n north esterly direction nearly DOO miles aid from the Gulf cf Mexico to the laclflc. j Reports received up to 11 o'clock 1st night indicated tho center of the jiismlc convulsion was In the neigh juihuod of Mount Orizaba, a volcano bout seventy miles west of Vera Cruz on the line between the states 0' Vera Cruz and Puebla. It was in tiat neighborhood that the most ser- itus damage was done. Teocelo, a Milage 35 miles northeast of the vol- (HQO, nas ueeil virtually uksliujcu, aid a similar fate befell Couztlan, a mall hamlet In that neighborhood Vires were torn down but It is said there were many casualties sin both towns. Fifteen shocks were experienced at Cordoba, a city ten niiies east of Orizaba, where eleven were distinctly felt. RADICALS FIGHT U.S.A. Larqe "Slush Fund" Available for Retls in FiqM to Stav in This Coun try B.COO Persons Arrested in All, But More Are Wanted 3.000 Held lor Deportation Conuress Asked to Take Quick Action On Deportation Measure. WASHINGTON, Jan. 5-Kadimls taken in 'the l: overrun cut raids on the omniunist nrul conimunisl labor par- tics have nil iiniclmuTv set Tor fiubt- : desiicrntelv ti gainst deport at ion. it was iimioutu'ed todav at the de partment of justice. 1 .11 w vers have been eniraed in prncticnllv everv citv where raids were made and of ficials predicted tbev would take ad vantage of every tecbuicalilv until their vlients actually were aboard vessels bound tor their unlive minis. The two parties which the depnrt- ment is nttomptinir to disperse are known to have a "slush" fund. A- istant Attorney General Oiirviin de clared and Iarire amounts have been made available for leiml defense and bail. Reports of more arrests dribbled into the department today. ltel lender Jaibxl XKW YOKIC. Jan. . Greeorv Weinstein. chief of stuff for Lud wiir ('. A. K. Martens, self styled am bassador to the I'nitcd States of the liussiun soviet republic, was arrest ed on a deportation warrant today JV airents of tho department of jus tice. Weinstein, ncconlinir to depart - at of justice officials, is the most influential Kussian communist, next to Martens, in America. WASHINGTON. Jan. ". Although nearly o.OOO persons have been ar rested since the latest radical raid was started last Friday. niirht, de partment of iustiee fiirents over the ountrv todav still were seeking mem bers of the communist and commun ist labor organizations who thus far had escaped tho General drnenet. Apparently New York and Cliicntro were the chief centers of activity. Several hundred warrants were vet to b" served in the metropolis. :tnti Held for Kxlh; Xenrlv II. (Kit) of those nrrested have been held for deportation pro ceedinus and because of the eon ires- tion now at Ellis Island, all of them cannot be concentrated there. Immi irration officials would not discuss reports that thev would ask the war department for the use of either Clamps Mills or I'pton, N. Y., as a concentration camp. Comrrcss had before it todav the reonest of Attorney General Palmer that it take prompt action on a bill proposed by him several months airo and designed to enable the irovern ment to deal with citizens found to he eniraired in radical activties. There is no federal law under which thev can be dealt with. Hundreds of citizens were taken i the raids Friday ifnd Saturday and these must be turned over to the state authorities for trial. SPARKS FROM THE WIRE Tho Northeastern Sinning ansocia tion of New York has adopted a reso lutlon protesting against "the unjus tified and illegul interference of members of the American Legion with musical performances given by its society. The French crown jewels, Includ ing the "regent" diamond, worth !', 000,000 franca, are to be brought from Bordeaux and again exhibited at the Louvre. They were taken from the Louvre in 1914 when the Ger mans' advance threatened the cap ital. Local elections to he held In Ire land January 15, the first since the beginning of the war, are expected to show how far the Sinn Fein party is holding it own. Vienna celebrated New Year's eve tumultously, notwithstanding the city's many privations. DEPORTATION EXPECT PRESIDENT TO KILL 3D TERM RUMOR WASHINGTON. Jan. ft President Wilson will send "ail important word of urcctinir" to the democratic dinner on Jack- ; sou dav. January H. it was a::- ' noil need todav at the White House. ' There was wide conjecture as" to whether,! he president would ; discuss the third term iiucstiim. On this White House officials wen1 silent but sonic of the ' president's friends have insist- ; cd thi'oilL'houl thai he would not bo a candidate under any cir- cumslanccs. Thev regard it as probable (hat he will make this clear in Ins message. l . 4. 4 4 4. ' .J. HuqIi C. Wallace U. S. Ambassador Asks Change In Supreme Council Procedure Not Include U. S. Of ficially In Fimlintts Until Decision From Washiiuiton Is Received. PARIS, Jan. f Ilimh C. Wallace. American ambassador, was report ed yesterday to have asked the su preme council of the peace conference-' to chanire the formula refer ring to the powers participating in the council from the "allied and as sociated powers" to the "allied pow ers." This report was not strictly correct, it was learned today. Ambassador Wallace, it is said, has not asked lor the term "allied and associated powers," but merely reouestcd that when "questions arose which involved the I'nitcd States, this formula, includimr the United States, be not used in docu ments until be bad time to iret a de cision from Washington on sucb rpiostions. PARIS. Jan.' 5. Ihiuli C. Wallace, American ambassador to France. h. asked the supreme council to pre cede future decisions of the coun cil with the formula "allied powers,' instead of "allied and associated powers, which has been used in the past, accordintr to the Fcho de Paris. "Th:s," savs the newspaper. "Marks the determination " of the United Slates not to participate of ficially in decisions to be reached in Paris. Washington, while declining the responsibilities of the supreme council, continues to be represented at its sessions. How can Mr. Wal lace's role he defined f He is not a plenipotentiary. Witness or observ er is the accepted term." Pleasure at the presence of an American representative who will keep Washimrton informed as to events until the United States re sume their places on the council is expressed bv the newspaper,, which says; t "Nothing can be definiteU con rinded without President Wilson's as sent beforehand. So the council is supreme only in name. Supremacy belonirs to Mr. Wilson, who inhabits, not the While House, but Mount Olympus. "It is inevitable that, a dilema will arise. The United Stales will be obliged to take responsibilities cor respond iny to her action, or she w:ll renounce this" role. It is hoped thi . absurd situation mav lauarramrcd by speedy ratification of the treat v ac cording to the program of Senator Lodire. followed bv return of Amer ica to her riirhtful place in the set tlement of Kuropcan affairs." -Can't Sell Suqar. WASHINGTON. Jan. ."..The fed end trade commission todav held that the setlimr of siurar in eombinat on with olhT troods to force purchasers to buv other timers in order to ob tain suirar was an unfair method if competition and ordered the Uole Uonrad company of Ulpcuuo, to cease the practice. AiVlBASSADORS AGTiON PARIS IS CURTAILED COAL MINERS ' IIDED TO ! INEVITABLE Convention of Coal Winers Addressed bv President Lewis While Suhmit tinti to Government Action Protest ed in Hearts Auainst the Injustice Workers Protest Auainst Onera tors' Discrimination Auainst Lead ers in Recent Strike. COLUMPUS. Ohio. J V Inter-1 national ol'ln-rv-- nf the nitcd Mini Workers of America in ayreein:" to declare the n nt nrners' strike at 11 end. "decided o submit to the in evitable, though protesting in our hearts yirainsl what we believed to be the unjust at I il ude of our govern ment," according to the report of nrtiiiir President John L. Lewis and Secretary Treasurer William Green at the special miners' convent ion here today. The report reviews I he miners con troversy from the date of the Ulevc hind convention up to the present time. The international officers state that 'hiuh hopes" are entertained that the decisions to lie reached bv the commission of three appointed bv President' Wilson "will be fair and just as lo meet w'th the general ap proval of our membership." Members of the commission are hiirhlv prais"d. Issue of Supremacy International officers, (ha report states, realized "belter than the mem bership of our unions, the purpose and delerniination of the federal irov ernment and decided to accept the plan proposed bv President Wdson, which called for an immediate in crease of 14 per cent. 'The oriirinal demands of the miners called for an increase of (in per cent in waires. ,At the time the acceptance was made, the report continues, it was pointed outto the miners' leaders that the strike bad passed from a mere controversy between operators and miners over a ouest'on of waires, to an issue between the supremacy of law and the ability of Ihe irovern mcut to enforce its mandates and de crees. "In olhcr wordfi. it -was no lonircr a controversy between employer and employe, but instead a lesl btd ween the slrennlh of a irroup of workinir men and the uovernnieiit itself." The report slates that at the time of the Cleveland convention, when the strike order was tentatively issued, "no one could forsee the turn events have taken and the necessity in mcet inup thu ne wand unexpected s (nations which have arisen. It has been found quite impossible to follow the riiriil and inflexible policy laid down at the Cleveland enliven! ion. t Not Await' of levcr Law The Lever law, a war time meas ure, is slill in effect. Under its pro visions the irovcrnmcnt exercises its war Cine powers ami was fully sup ported bv the indicia), militnrv. legis lative and executive branches of the uovcrniuenl. "We are confident that it was not irencrnllv understood by our mem bership that these war time measures were still in effect orlhat the Lever act denied our membership the rich I to strike or applied to them in anv way whatsoever. "We have endeavored to meet I he most trvinr situations ever presented to Ihe officers of a labor organization mi a broad minded eonslructive way. We could not afford, at anv time, to siibslitule feeliriL' for itidmncnt when our reasnniiiL' powers dictated a nuht course of action. We would be unfit to lead voit or act for von if we did not decide in a crisis to follow a pol icy which our best judirment convinc ed us could best protect the interests olotir vast membership ami those de pendent upon tbem. We huve inadp our decision based upon e.vilirr.r cir cumstances and facts. We are con fident that time will vindicate our e very act and justify the conr-e we have pursued." aoPO Del emit cm Present j COLUMIiUS. ohm. Jan. ii. More1 than 2,000 delegates, represent inir the! -lOli.tiOO soft coal miners of the Uni ted States assembled here today for (he convention which is to discuss the I (Continued en Pago Six) KICKED OUT OF ITALY TO LUCERNE, SW1TZ. " KOMK. Jan. .". 1 1 lava-.) -Priin-e von I'tielnw, former Ger man ehaiHM-tlnr and recently sent to Itnlv on a diplomatic mission, has been informed that bis presence in Ibis eilv i- un desirable for tbc reason it could cause trouble for liic Italian U'ov-ernment, accord inir In news papers here. As a result be will spend the winter at Lucerne, Switzerland, : WASHINGTON. Jan. .WWith the recon ven inir of conuress todav the chairmen of t he senate and house naval committees were to confer on Ihe question d a joint investigation of the whole subject of naval decora tions around which has centered a sharp controversy in the navy de partment. When the first awards were an nounced some weeks airo, ( 'h airman Pmre, of the senate committee, asked Secretary Daniels for a report, which has been forwarded. Tim secre tary supplemented this with a letter, published lodav, in which Ihe theory of the awards was explained, Mr. Daniels dwell at lenirlh on the reasons for awarding disl burnished service medals to the commanders of (en of the eleven American warships and transports sunk bv submarines end mines durimr the war. lie declar ed that "when we shall have forgot ten the distinguished and honorable service of able and devoted officers ashore, the splendia eouratre of the men who met Ihe shock of the subma rine st'llettoes unafraid, will remain as a livimr trlorv and an honorable incentive future naval heroes' A NEW PLAN FOR I REGULATION IS NOW OFFERED WASHINGTON, Jan. fi.- A new plan for uovcrumcnt regulation of (he meal industry, includimr packers, stockyards and livestock commission merchants, was presented todav by Senators Ken yon, republican, Iowa, and Kcndrick, democrat. Wvominir, to the senate agriculture committee. The substitute measure would pro vide tnvc rnment "reirisl ration," in stead of licensimr but with broad fed eral reirulation through a proposed federal livestock coiutiti -sion, com- posed of three members appointed bv the president, instead of a s Hu'lc ! official. ! Another feature of the substitute would provide law for the settlement i recently effected between the depart 1 merit of justice and the packers, di j vorciinr the latter from all business except meat packintr. The livestock commission would i.u I sue certificates- of reirisl ration to 1 packers, slockvards and other opera tors in the meat industry and be an Ithorized to revoke their certificates for violation of its orders or defined ; unfair business practices, j Penalties for violation of the eom I mission's orders would lie impris- lontnent from six months to five vonnt : and fines of from $")(() to $10,000, j The committee decided to reopen jits heariuirs. invitimr Attorney Gen cr:i palmer to appear next Wednes itiav to tell, the committee of the set tlement with the packers. On Thiirs- j dav (he ennmrttee w ill hear rep re senatives of the packers and on KW day representatives of tho federal trade eoncnisssion. LONDON. -Inn. 3. Sir Frank Cav- endinh Laacallen, British ambassador to Germany from 1S9." to 1908, died hero today. He had been minister to Rumania In 1SX6 and tc Pe.raU In 1N!1 and ambassador tj )tMia In 1X91. CONGRESS IS BACK AGAIN TALK STARTS Attemnts lo Secure Some Sort uf Conioromise On Peace Treaty Are Again Resume:! No Concrete Plan Agreed Upon Endless Talkfest Exncetcd to continue Sedition Bill Considered I muortant Mat ters to Come Un Present Session. WASHINGTON, Jan. r.. ConKress met jnonipily at noon today after a t(. weeks recess over tho holidays with the treaty or Versailles still tho 1'oreiuoxt of tho ureal array of sub jeets with which the national law ninltrrs were expected to di al before adjournment, probnlily juat before Ihe presidential election next Novem ber. I'rivnto cenferencos initiated dur ing the holidays looking to some sort of a compromise in tho treaty fight wore continued and renewal of de bato on the senate flocr was expected at any time. No concrete plan under which tho senate would rosuino for mal consideration of the subject bud been agreed upon, however. In thu somite today the sedition hill by SenatLT Sterling, republican, South Dakota, had the right of way. WASHINGTON, Jan. 5. Return ing toywork today after two weeks holiday congress faces one of the bus iest sessions In history. In addition lo Iuiiinerablo domestic nuittors there are International questions of far reaching Import that must be settled, Including the treaty of peace with Ciormany and Austria. Adjournment is not expected be fore fall and the only break In the lcng1 session that members can look forward to Is the brief recess that will bo taken coincident with the holding of the national party conven tions in tho summer. Important lrohhniK Besides thu Irea ties with Germany and with Austria, international prob lems to bo considered at the resumed session Include the proposed alliance with franco, tho Panama canal set tlement with Columbia, treatlos with, Poland and possibly, Turkey and nu merous measures dealing with th war changed conditions of American commercial and financial relations abroad. Important domestic legislation awaiting actli.n includes the railroad reorganization bill and the oil, gus and phosphale land leasing bill, both of which urn In conference; army re--; organization, ssliipping legislation, control of undesirable aliens and en scores of other subjects. .Many Investigations also have been arranged for by both the senate and house. Among them will be Inquir ies into war expenditures, the Mex ican situnllcn, bolshevlst activities. coal sit nut Ion, federal trado commis sion and the Ford-Newberry election. L 10 FATHERLAND TACOMA, Jan. 5. Alexander Ful ton, inspector of Immigration, has obtained a warrant for tho re-arrest and deportation of Wllholm Ton Brlnckon when he Is released from tho federal prison at McNeil's Island It was announced tcilay. Von ilrincken, who was convicted In Sun Kranrlsco In 197 under a charge of conspiracy will be released Friday, It Is expected, when a hcarlnB on Ms pauper's oath is held. He took the oath a month agc1 to evade pay ment of a HO.OOu fine which was given in addition to two years in pris on. His prison term, with time off for good behavior, expires Friday. Mr. iulttn said today thai. Vott Ilrincken will be taken to Seattle fol lowing his re-arrest and will be de tained there until a party of ande slrable aliens Is made up for deporta tion to Kurope. Von Hrlncken, ha atd. will be sent back to Germany.