7
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.