Medford
Mail Tribune pgi
The Weather
Maximum yesterday 48
Minimum today 10
Daily Fourteenth Tttf.
Forty-ninth Tear.
MEDFORD, OREO OX
NO. 24!)
, TUESDAY. JANTAKY 1:5. 19120
gov. oicon
SAYS COURT
Supreme Court Holds Oreaon Gov
pernor Retains Office Throuahout
Entire Unexpired Term of Governor
Withycombe Now Expected Gov
ernor Will Resiqn Position as Sec
retary of State Three Supreme
Judaes Dissent From Opinion.
' SALEM. Ore.. Jan.' 13. The state
supremo court in a decision handed
down here toduv held Unit Governor
lien. V. Olcott retains liis office
throughout the entire unexpired term
of the lute Governor James Withy
combe. Olcott became governor upon
the death of Governor Withvcombe
year aifo. lie was secretary of stale
and refused to rcsisrn from the lat
ter office to which he was elected for
lour years, until the riirht to retain
the office of Governor Withvcombe'
term was settled. Action upon which
, today's decision is based, was taken
bcvcral weeks niio, when mundnmus
proceedings were broucht by Attor
ney G. M. Roberts of Medford for the
purpose of decidintr whether Gov
ernor Olcott must contest for elec
tion at the ircncral election next fall.
Three Judges Dissent
The prevailing opinion was writ
ten by Justice Johns and with him
Justices Bennett and Bcnn and Chief
Justice McBrido concurred. Bennett
writing a special concurring opinion.
Dissenting justices were Harris, Ben
bon and Burnett.
The case was taken into the su
preme court directly in the form of u
mnndnmus to compel Olcott as secre
tary of state to include the office
of eovernor in the list of offices cer
tified to county clerks of the state
to bo filled bv election Ihis .vcar.
Governor Olcott, it was said here
today, now that his status has been
detennincd. will soon resign from the
office of secretary of state so that
he may devote, all of his time to the
governorship. The appointment of
Sam A. Kozcr to the post of secre
tary of state is expected. Kozcr is
now deputy secretary of state and u
candidate for secretary this year.
SOUTHWEST U. S.
KANSAS CITY. Mo.. Jan. IX
Whether a mysterious intestinal mal
ady which has appeared in Kansas
and Oklahoma exists in other commu
nities of the southwest was a matter
for much speculation here today.
Meantime, officials were making ef
forts to identify the disease and dis
cover means for checking its spread.
Topeka. Kas and Muskogee, Okla.,
apparently are the worst sufferers.
At Topeka, advices here sav. 20(1
uses have been reported and unoffi
cial estimtcs placed the number at
1.000. Many School children nre
among those ill there. At Jfhiskogcc
it is said, there are about "100 cases.
No fatalities were known to have oc
curred at cither place and the death
list irom the malady remained nt'
four, all at Skiatook, the little Okla
homa town where it was first noticed.
The situation at Skiatook is said to
be under control.
State health department inspectors
sent to Skiatook to investigate were
expected to furnish information to
day that would assist the authorities
in classifying the epidemic. Tests
also were being made at the Oklahoma
slate emergency hospital.
Some physicians express the be
lief that the mnladv is n form of dys
entery, while others were of 'lie op
inion it is a gnstric form of influ,
enzu. i
I
WASHINGTON. Jan. 13. Former
Representative Miller, the new secre
tary of the republican national com
mittee, took charge of national iiead
nuarters here today and at the same
time James P. Hevnolds. the retiring
secretary, opened national headnuar
lers for flnvornof ('oohdi'o of M.im-fcacliu-flUi.
WOULD MAKE YAKHEE
DRY OR US TRAVELS
WASHINGTON. Jan. IX
Senator JTcNarv. republican,
Oregon, today introduced bv re
otiest a bill which would extend
the provisions of the national
prohi t'tion constitutional
amendment to American citizen
livintr in consular districts in
China and other countries where
the amendment does not conflict
with treaties alreadv eiirstinr "
between those countries and the
United States. It was referred
to the iudiciarv committee. '
LEGION AFTER
Two Legion Posts Condemn War
Record Heavvweiqht Champion
Declare Him Unfit to Represent
America Aqainst France No Ac
tion Leqion as Whole. .
FOIiT WAYNE. Ind., Jan. 13.--C'ondcnining
Jack Dcmpscy as an un
fit representative of American ath
letics, the Fort Wiivno post of the
American Legion unanimouslv passed
a resolution last night declaring op
position to his defending t lie cham
pionship title for America.
The resolution is the result of re
cent agitation against Dempsev for
his war record due to the fact that his
service during the war was confined
to work in the ship yards.
CLEVELAND, Ohio. Jan. 13.
Condemnation of the war record of
Jack Dcnipsey, world's champion
heavyweight, was voiced in a resolu
tion unanimouslv adopted bv the
Meuse-Hhinc post of the American
Legion here. Tilt . resolution con
tains an appreciation of the war rec
ord of Georges Carpentier.
INDIANAPOLIS. Jan. 13. Va
rious posts of the American Legion
arc acting independently of the na
tional organization in condemning
Jack Dempsev, heavyweight boxing
champion, on his war record, accord
ing to information given out here to
day. The national officers of the legion
have not considered taking any offi
tial action along such lines, accord
ing lo G. II. liennick, assistant adju
tant general, JJenipsov was not in the
service.
Jl!r. Kennick said it was his belief
that no action would he taken bv the
national organization.
SUGAR TO SOAR
PORTLAND. Ore. Jan. 13. YVIurf
are said to be the highest sugar
prices in the history of the country
will be effective here upon the arri
val of sugar now on the wuv here, it
was announced tudav in udvjces from
San Francisco. The announcement
came from the California and Haw
aiian Sugar rcfincrv and placed the
wholesale price of the new crop of
cane sugar at 16 cents a pound
wholesale in Portland. The price in
San Francisco was fixed at lo cents,
the advices state.
LEFT FOR EDUCATION
LAKKVIKW. Ore.. Jan. 13. Crca
tion of the Bernard Daly educational
fund, income from which is to assist
young men and women of Lake conn
tv in obtaining college education, is
provided for in the will of the bite
Dr. Bernard Dalv. which was filed for
probate voterdav. Directors of the
Hank of Lakeview nnd presidents of
Oregon Agricultural college, and the
t'niversitv of Oregon to have charge
of the fund, lo which is beoucnthed
all properly of Ihe $1,000.0110 nutate
not otherwise dispo-cd of.
DEMPSEY FOR
SHIP SERVICE
COM MRS
REPEAT M
WAGE SCALE
President Lewis Presents Same Scale
to Wilson Commission Operators
Agree to Accept Findings of Com
mission With One Reservation. No
Price Fixing Beyond Period of Ef
fectiveness of Lever Law Pro
gress Is Made.
WASHINGTON, Jan. 13. Miners"
representatives put before Ihe com
mission their full demands as orig
inally made and refused bv the oper
ators before the calling of the coal
strike last November. Acting l'resi
unt Lewis reiterated demands for an
increase of (i0 per cent in wages, the
six hour work day and five dav week.
for the abolition of double shifts and
lor the consideration bv districts oi
internal differences and defended
each of them. .
The efficiency and health of mine
workers, he declared, rcouircd short
er hours, and he added that the min
ers would endeavor to show the com
mission that the average bituminous
coal miner did nut work more than 30
hours a week in anv case.
Ouo Hcsoi'vntion
WASHINGTON, Jan. 13. Mine
operators in the central competitive
field tudav told the commission nam
ed to settle the bituminous coal strike
that they would accept with a sin
gle reservation any award the com
mission might make.
The operators said they would not
be a party to the fixing of coal prices
beyond the period of effectiveness of
the Lever law, the war time measure
under which the government has con
trolled food and fuel prices. Ralph
Crews, ''counsel for the central opera
tors, explained that without making
Ibis reservation, the operators could
not legally join any price fixing agree
ment. He nlso said the operators
would not make their acceptance of
the commission's award contingent
upon the character of answers to a
scries of aucstions which the opera
tors yesterday asked the commission.
In accepting the commission's de
cision, the operators. Mr. Crews said.
understood that the (commission s
award should "of itself constitute n
final contract between the miners and
operators for the period of time fixed
bv the commission."
Operators Yield
President Robinson reminded him
that President Wilson's letter creat
ing the commission authorized it only
to make an award which might be
used as a "basis for a wage contract."
He nsked if the operators would not
modify the language in their accept
ance accordingly and Mr. Crews fi
nally agreed that the commission
should determine that point.
"The mine workers understand that
the award shall bo a basis of a new
wage agreement, and not of itself ail
agreement." said John L. Lewis, act
ing president of the mine workers.
"I trust the record is not being
made here which call be used subsc-
oucntlv as a basis 'for a refusal bv
the operators to write into a wage
agreement the commission's award.''
President Robinson said Mr. Crew's
stipulation that the commission
should have power to determine what
the procedure should be. had cleared
up this point.
1ST OF EUROPE
CAN FEED HERSELF
vt AMII.Mi l u., .Jan. 1.1. Hccnuse
of the "enormously, improved" con
ditions overseas, the task of feedin:
Europe until the next harvest on Or
tober 1 will not be the burden of
the American government that it wa
hist vear, the house ways and means
committee wirs told today bv Herbert
Hoover.
"From the signing of the urmis
tice until last July 1. the provision
ing of Europe cost two and one-half
billion dollars," ho said. "Thut was
a burden on our government and th
taxpayers. In one form or another.
the I'nited States treasury advanced
2.2.)0.nOO.OOO to feed Europe. But
this year Europe will be largely nbh
to feed itself bv the exchange of
goods, and credits of .tl.'iO.OOO.OOO to
.iJOII.000.000 from the I'nited States.
In nil.. the situation is that of front
ing the echo of the situation we bad
to ir.iit last vcor."
NO MORE GUN PLAT
i IIS. IF ORE
SENATOR CAN HELP IT
SALKM, Ore.. Jan. IX The
first bill introduced in Ihe sen
ate tudav was ottered bv Sen
ator Colon K. Kherhard of La
Urande. and is entitled "an net
making it unlawful to exhibit or
cause to be exhibited motion pic
ture scenes of -any net, scene or
episode depietin-: a felonv under
the laws of Oregon, prcscribiriu
u penalty for violation of thi
net. and dcclarim an emerueu
i'V.'' The bill, if passed, will
male it unlawful to show an act.
scene, or episode, which if uc
tuallv performed in real life
would amount to a felonv under
the laws of Oregon.
Violation of the act would be
a misdemeanor punishable bv a
fine of not more than 1.00(1 or
bv imprisonment in the fount v
jail for not more than one vear,
or bv both fine and iinprion
menl. ENGLAND-FRANCE
E
LONDON. Jan. I'J.-Lord Kihnar
nock left London today to act u
British diplomatic representative in
Berlin.
His departure marks an important
step in the re-establislnnent of the
diplomatic relations between Great
Britain and Germany which will lie
effected almost immediately. Consul.-
end consuls general will he appointed
shortly bv the two governments, tier
many will be first represented her
by a charge d'affaires, hut it is be
lieved the rank will soon be raised to
that of minister, instead of ainbassn
dor as formerly.
PARIS. Jan. 12 The Spanish
ambassador at Berlin, who has been
representing the interests of France
at the German capital, notified 'the
Gorman government yesterday that
rraneo bail taken action for the re
sumption of diplomatic relations with
Germany. France's charge d'affaires
will probably leave Paris for Berlin
on January 18.
Germany has not vet given notice
of the nomination of Baron Kurt vnji
Lcrsner. head of the German mission
in Paris, as the German charge at the
French capital nor the nomination of
anyone else. Meanwhile. Baron von
Lcrsner remains as the iirovisional
charge. It was said in German dele
gation circles today that Germany
might refrain for the present from
nominating a charge.
T
BOSTON. Jan. 13. At the same
time that a protest against the "pre
vailing propaganda of fear and hy
steria" in connection with auti-raili-cal
activties was being voiced last
night bv Judge George W. Anderson
of the I nited States court before (be
Harvard liberal club. Henry J. Skef
fington, immigration commissioner a;
this port. Was telling the Massachus
etts Press association that he would
"lake pleasure in 'getting' some of
these Harvard liberal club radicals."
Commissioner Skeffington said:
"Heretofore wc have been abb'
lo deal only with aliens, as all citizens
have been exempt from our efforts,
but last Friday the senate passed
a bill to include everyone citizens
and aliens and I sec that the bouse
has made the Irill even stronger. Some
of the Harvard liberal club radicals
have been raising so much Cain
around here that if I have a warrant
in mv pocket I'll lake pleasure in
getting them."
"Ileal democracy now seems un
safe in America." said Judge Ander
son, speaking as a guest of the Har
vard liberal club, lie asserted that
the present agitation concerning the
limiting of free speech had been "ex
ercised without much regard to con
stitutional or even proper legal rad
iations." Must t,f the fear nut of
which "perhaps dangerous limitations
ol tins precious right (of free spec-lit
are being advocated is. in niv opin
ion, groundless." the speaker con
tinued, adding that "nuinv of the
-ame persons that for two years were
faking prn-fiennnn plot now nr
proniotine the red terror,'
NO CHANCE
WICATi
THIS WEEK
Possibility of Final Senate Action
Vanishes When Democrats Decide
to Wait for Party Caucus on Thtirs
dav New Reservation to Article
10 Is Draftcl !v Senator Gore of
Oklahoma Lodue Coolers With
Smith.
YA.s.llX(!TOX. Jan. l.'t. - Possi
bilitv of tinal semile action fin I lie
pence treatv bv January l(i, when Ihe
League of Nations council will as
semble in Paris, vanished todav. ac
cording to republican ami democratic
leaders. Not before nctx week,
spokesmen of both the parties pre
dicted, was anv action probable.
Democrats declared thev would be
astisfied if ratification was elfect
ed this month.
While negotiations toward adjust
ment of differences over reservations
rained new impetus todav, it was said
some democrats were disposed to de
fer action until after the eancu.,
Thursday when a minority leader will
be elected.
Conferences in the compromise ne
gotiations of the democrat todav
centered about a new reservat on af
fecting article (en of the leauue cov
enant drafted bv Senator (lore, dem
ocrat, Oklahoma, ami other draft bv
Senator Simmons, democrat, Norl h
Carolina. . The former was submit
ted to "mild reservation" republicans
and discussed also with other repub
lican leaders, but without definite re
sults. Senator Simmons draft; was
said to be favored by many demo
crats and with the MeKelhir-Ken-
drick draft was the subject of fur
ther conferences today between Re
publican Leader Lodne and Senator
Smith, democrat. (Jeoruia.
120,000,000 Want Action
WASHINGTON. Jan. lit. With the
innounced purpose of seekimr ways
-and means for the earlv ratification
of peace, a conference which dele
gates sa id represent ed liO.000,000
Americans hetrnn here todav.
(War Straus, former secretary of
commerce anil labor in the cabinet ot
President It nose veil, presided as
chairmen. National organizations
represented included the American
Federation of Labor, the League to
Kn force Peace. National Advertising
Clubs of America. Farmers' Alliance,
Women's Christian Temperance I'll
ion. and World Pcucc Foundation.
lieirinniti-r with a ioint conference,
the . meetiiiir is expected to develop
into n select commitlee of fiive which
would present the decisions readied
to Democratic and republican lead
ers in the senate. The committee also
would call at the While House Tor
the same purpose.
FOR R0ME-T0KI0
KOMK. Jan. PJ. Kvervthintr is in
readiness for tin proposed Koine
'1 okio- airplane tliitlit. and with or
without the participation of ('nhriclc
d'Annunzio it should be completely
imdcr wav not later than January 'JO,
it is declared by Colonel MerlieH, the
director ircncral of aeronautics, in
an interview in teh Tribuna todav.
A delav bevond the date named, Col
oicl Jierlicri point.-, out. would carry
the effort into the monsoon season.
Il would not be advisable, either, to
postpone the fik'ht until next fall, he
said, as the Aero club of America wu
origin .hi:.' a round -I lie-World IIL'ht,
which would overshadow the Rome
Tokio plan.
DEFENDER OF KUT
LONDON', .Inn. M.iii.r (lcm r.il
Churles X. K. Towncnil. tin ilefVmlor
of Kiit-d-Aiuiim. nhs tendered his
rcsimmtiiin to tin ivnr oftW. (Icn
ernl Tiuni-nil v imiriMu'l bv
the Turks when h? nml his 'jurrisun
Kut. south of Hiiu'IikI. wito hi'in
iimiI in bv Hip Turks in ldlli mi. I turf
ed to surmuliT.
CHALLENGES GENERAL
WOOD MD. DEBATE
piki;i;k.
IK.
Jan. i:t.
Senator Miles IVndcter ol
Washington, the l'ir-t independ
ent republican lo t'de hi- petition
as a presidential candidate in
South Dakota, has issued his
challenge to -jet Leonard Wood,
as the republican majority pro
posal candidate, for a joint de
hate in this state under the pro
visions nf the WichanU primary
law. If Wood refuses his name
will not an on the ballot accord
ing to the Uachards law.
TEDDY JR. ASKS
L
FOR SOCIALISTS
Assemlilviuan Theodore Roosevelt In
Maiden Sncccli Declares Epulslon
of Socialists a "Grave Matter"
Wants Comiiletc Conies of Evi
dence Huiihcs Is Criticized.
ALBANY, N. V.. Jan. IK. Discus-1
sion of the procedure lo be followed
in the hearinu on the eligibility id' the
live soeialisl members who have been
suspended from the assembly took
up the ureater part'of the session in
the lower house todav. Ileariims are
to he public. An effort to have the
assembly as a whole ad as a trial
court instead of the iudiciarv com
mittee failed. .
Assemblyman Theodore Ifoosevclt,
in his maiden speech, declared that
the assembly, had embarked upon a
lirave mailer and he considered it the
duty of every assemblvman to be in
formed absolutely on every detail of
the hcarinir in order lhat a souare
deal be nven to the suspended mem
bers, lie then introduced a resolution
that stenographic copies of the evi
dence be furnished all members, h
was adopted.
Charles K. 1 1m lies was sharply
rilici.ed bv Assemblyman Martin
MeCne for the attitude he had taken
on Ihe assembly action, lie declar
ed lhat Mr. Duplies aud'the other
members of the Pnr association which
bad framed a resolution atlackiicr
the assembly should withhold 'abus
ive .statements' until the evidence is
all in.
WILLAMETTE U' FOR
LEAGUE OF NATIONS
SALICM, Jan. 13. In a vote of the
student. asHemlily on the League of
Ntt Monti covenant and peace, treaty,
Willamette university KtiuleutH have
gone, on record as favoring the coven
ant with any compromise which
would piake early ratification poHsi
hie.
AV'ith IeH than r0 per cent of the
student body voting, the rennllH
wero: Kor any compromise on reHer
vaMtiiR. which would make ratifica
Hon possible, OS. Kor adoption of
the League of Nations covenant and
treaty with the senate reservations
(!. For ratification of the League
of Natif-tis covenant and treaty with
out reservations r7.
Against adoption of the League of
Nations covenant In any form,
REFUSES 8-HR. DAY
OAKLAND. Ciil.. .Inn. LV-The in-
hitrntion boiml which ronsidcrrd Mir
rictiuinds ol' the cmiiloviM of lln; Sun
''niui'isi'o-Oiikliind Torininul Kuil-
wuvh Tor hitditr wnires, shorter hours
Mid fhiiuircs in tin.' conditions ol' '
plovmciit. rendered its report toduv,
mcri'usiiif the imv of pint form men
in the (ruction und kev divisions bv
si xeents mi hour, mi npiirnxiuititc in
crease of tl'IK) a vein it num. Tin
demand tor an eiiiht hour duv is re
fused on Ihe LToiiud that the coin
pnnv ciinnot afford the clmnuo nnd
would he thrown into bankruptcy if
il were made. The. arbiters refused
to inukp the hinder wace scale retro
active to October I, the date on which
Ihe platform men of the eompiinv
v ent out on ii ten duv .strike.
A SQUARE DEA
SAKS MARCH
WORSE Til
DER KAISER
Conurcssman Gallivnn. Democrat of
Massachusetts Declares U. S. Chief
of Staff Refused to Consider Gotl.
Only "Me" Viuorous Attack On
Armv Decorations Made Loniie
Lizards land Mcssenticr Bovs Get
Bulk of D. S. M.'s.
WASHINGTON', Jan. After
spirited debate, the house today by a
vote ol' IHU to ti!;t mWpfcd iv resolu
tion iiy Itejiresenlntlve, (Jallivan, dem
ocrat, Massachusetts, calling on the.
war department lor the names of alt
officers ami others who wero award
ed the distinguished service medal
lor their Ncrvlees during the wr.
Most of the democrats voted against
the resolution.
'WASHINGTON'. .Ian. 13. UikIuk
congressional iuvestteiillon (if thu
award of army deeorat ions for ser
vices during the war. lloprcsentutivo
tlalllvan, tleint-'crat, .MasKiichusetts,
declared in the, house, today that
more dlstlnnuishetl service medals in
proportion wero awartled to army ot- '
fleers who never got nearer the, front
than Washington than to those, who
saw service, overseas.
It Is common talk In tho army,"
said Mr. Callivan, "that our present
chief of staff and one. of his assis
tants, u colonel, whoso duty It was to
osecrt nnd (lino foreign missions horu
in Washington, havo no space left be
tween their belts and thotr collars
to display tho medals that havo boon
given them as a result of this ser
vice."
Congress should luvestlguto all
awards of medals nml crosses,' Mr.
(iallivun said, so as !o detormlne why
sonio recommendations woro actod
upen favorably and others dlsrogardt
cd. . ,
I. S. M, Clienpenctl
Tho distinguished sorvlco modal
has been cheapened and certainly rid
iculed by thu bold und brazen1, man
ner In which It has beon pussod out
to those who belong to the oloct,"
said Mr. (iallivun.
It has even been used to placato
those who havo been romoved to
make way for somecno elso.
Tho rending of tho citations In
awarding the distinguished service
medal to sevoral chair officors of the
general staff who never loft Wash
ington during tho war, if bollevod,
would certainly Impress one that tho
war was fought with red Ink at ma
hogany dci'ks.
"Surely tho "loungo lizards' of tho '
second army of tho Potomac' can.
havo no quarrel Willi their comrades,
the 'lobby lancers' of tho tapltol as
to tho number ot P. S. M.'s; these'
two valiant units received for horMc'
service In this war. '' ' ' ' "
Tho. Lobby Liim-ors ' ' '"
As for Franco, wherever tho com
mander in chief sent a 'commissioned
messenger boy' on an onand tho 13.
S. ,1. was sure to lie the reward.
"In Washington wo had four dif
ferent thlefs of staff during the war
nnd everyone who knows anything nt
all about tho workings of tho war de
partment knows lhat tho precedonts
of tho present high priest of Prus
slantsm, Ceneral Peyton C. March,
wero considered unequal to tho task.
Thru one pretense or unothcr, thoy
were removed.
"Ordinarily when a man hus failed
in the performance of any specific
task be Is removed without reward.
Thcso men buve on the other hand
been rewarded In tho name of tho
president of tho United States by the
bestowal upon them of tho I). S. M."
Woi-st Than Kaisct
"Tho kaiser." continued Mr. Cialll
van, "with some spark of apprecia
tion for consistency yet allvo, said:
Mo und dolt.' Not so your chief of
staff, U. S. A., Peyton ('. March.' who
sees no. reason T-T Including 'Oott.f
It is simply '.Me.' with him.
"In Kraneo there wus o board ot
awards or medals that sat In Chau
niont nnd looked with easy favor on
giving awards to their friends and
with blind eyes and deaf emu to rec
ommendations cf those without tho
pale."
"Tho failure to send Major (Jon
eral Leonard Wood ovorsoBS In com
mand of troops was a "case of inter
national notoriety," Mr. Gallivan
said, adding that Henoral Wood "was
never given an Important active com
mand during the war," but "to pla
cate public opinion something must
bo done."
A Jew Clothes Modal
"Tho bestowal of the D. S. M. on
General Wt'od," ho. continued, "Is
heartily approved by the entire mlli-
(Contiuued on Page Six)