Medford mail tribune., February 28, 1921, Page 1, Image 1

The Weather
Maximum yesterday 62
Minimum today 39
Predictions
Probably cloudy and foggy.'
Dally Fifteenth Tear.
Weekly Fiftieth Year.
MEDFORD, OREtiOX, MONDAY, FKUliUA IY 2S, 1 !J 1
NO. 290
$50,000,000
1$ RELEASED
FOR FAR1S
Decision Pending Since May,
1920 Finally Delivered in
Favor of Government
Congress Has Right to
Name Banks Fiscal Agents
Other Decisions Made.
WASHINGTON, Fob. 28 Tho fed
eral farm loan not whs held consti
tutional today by tho supremo court.
This is tho act uncli'r which land
bank.s were established to extend
loans to farmers.
Fifty millions of dollars In loans
to farmers have been held up pend
ing a decision of the court in this
case, which was brought by Charles
"V. Smith, n stockholder in tho Kan
sas City Title and Triiht company,
who sought an injunction to restrain
that institution from iavesniny: its
funds in bonds issued by the farm
loan banks.
Tho act was attacked on tho ground
that congress was without constitu
tional authority to establish larm
loan banks and to exempt their bonds
from taxation.
Justice Day, who rendered. the
opinion for the court, said the power
of congress to establish banks bud in
a broad sense been upheld by the
supreme court in tho days of Chief
, Justice Marshall.
The court, sustaining frtloial court
decrees dismissing injunction I't'0
feedings brought by Mr. Smith, also
held that congress had the authority
to exempt the bonds of the bunk
from taxation.
Liquor Tnx Tlirowii Out.
WASHINGTON, Feb. 28. Ken
tucky laws levying it special tax on
liquors withdrawn from bonded
warehouses were held Invalid today
by tho supremo court. Several mil
lions of dollars In taxes already col
lected by the state were Involved.
Tho court sustained lower courts,
which had granted an injunction to
tho Kentucky Distilleries and ware
house company and the J. -A. Frie
bert company, preventing interfer
ence by the state authorities to with
drawals of liquor on which the spec
ial tax had not been paid.
WASHINGTON, Feb. 28. The su
premo court affirmed today lower
court decrees restraining tho secre
tary of tho interior and tho commis
sioner of the general land office from
rejecting a land seloctlon list filed by
the Central Pacific railroad Involv
ing tracts now included in power sites
reserved In California.
Palmer Is Upheld.
WASHINGTON, Feb. 28. The su
preme court refused today to issue
an injunction restraining tho alien
property custodian from selling 14,
900 shnrcs of stock of the Botany
Worsted Mills of rnssalc, N. .1.,
which had been seized under the
trading with the enemy net.
Tho decision had tho effect of sus
taining the government In its claims
of authority to seize- property of
enemy subjects which had been
transferred to naturalized Americans
as trustees for the enemy owners. ,
Constitutionality as "applicable to
this case," of the trading with the
enemy act wns upheld by the court.
WASHINGTON, Feb. 28. Mer
chant vessels which are the property
of a friendly state or which arc lis
own property can be libelled in its
own parts tho supreme court ruled
today.
The oplnlpn of the 'court was given
in the cases of tho Italian ships Pe
saro and Carlo Poma which had been
libeled by shippers for damages re
sultlg from losses to cargoes. De
crees of the district court at New
GREECE PREPARED
BLOOD AGIST
LONDON, Feb. 2S. Greece has re
fused to nccept tho proposal that an
Investigation of conditions be made
'n Thrace and Smyrna preparatory to
making alterations In the Sevres
'reaiy, according to a telegram re
ceived today from Athens.
The Greek refusal was not taken
"rlously, it was said In allied circles.
The Greek legation In London re
relveri a message yesterday that mars
rnwtlngs had been held in Athens.
I'lraeus and Smyrna nt which were
Tex Ricard States
Dempsey Fight Will
Take Place July 2
NEW YORK, Feb. 28. Tex
liickard, boxing promoter, today
took over the interests of Wil
liam .A. Brady mid Charles 11.
Cockran, in tho match between
Jack Dempsey and Georges Car
pentlor. At the same time that Hickard
handed to Brady, Cochran's New
York representative a check for
$OG,tijt).titi, he announced officially
Hint tho match would be held
Saturday, July .
HULL, Quebec, Feb. 28. In im
posing light fines toilay on thirty,
six spectators of a cock fight
taken in a raid yesterday, Recor
der Desjardens said:
"In view of the fact that Hull
lias been engaged, in endeavoring
to secure tho Dempsey-Carpentier
fight here, I do not see how I
could treat this cock fight as u
serious offense. It is sport just
the same as the other fight."
HAYWOOD CASE TO
BE REVIEWED BY
I
WASHINGTON, Feb. 28. Tho legal
battle for the freedom of William U.
Haywood and 78 other members of the
Industrial Workers of the World, who
were convicted in Chicago in 1918 of
conspiracy to obstruct tho war draft
act, entered its final phase today with
tho filing of a petition asking the su
premo court to review the trials.
The petition was based on the con
tention that the search warrants used
by the federal agents in obtaining most
of the evidence against tho defendants
were invalid and that therefore the evi
dence was not legally available to the
government.
The contention was made that neith
er the warrants nor tho supporting af
fidavits "adequately described either
the places to be raided, nor did they
recite any facts showing probable
cause for the issuance of the said war
rants."
The places raided included all the
offices of the 1. W. W. and several
private residences, more than sixty
cities being included. The documents
seized weighed thousands of pounds
and will be sent to Washington. Those
interested in the appeal said the bulk
of the evidence to be submitted would
set a new record in supreme court pro
cedure. York dismissing the
mcnts were overruled.
libel attach-
San Francisco Upheld.
WASHINGTON, Feb. 28. Author
ity of the board of public works of
San Francisco to prevent mainte
nance of wooden structures within
the cily fire limits was sustained to
day by the supreme court. Lower
courts were upheld In their refusal
to grant C. S. and Michael Maguire
an Injunction restraining the board
from demolishing a wooden building
owned by them.
WASHINGTON, Feb. 28. Convic
tion in New York of Felix Gouled for
conspiracy to defraud the govern
ment in connection with contracts for
army clothing and equipment was, in
effect, set aside today by the supreme
court.
Tl... umiH fllvided. S X tO tVO, Jus
tice Holmes and McReynolds dissent
ing. Justice Urandies tooK no pan
in considering tho case. Justice
Holmes and McReynolds, held that
'the cause" should have been dis
missed by the court as being soleiy
within the scope of tho Missouri
courts.
FOR SACRIFICE IN
DECREE OE ALLIES
, i. rlcclaling Greo
passe " . K:.ri,p. f
was "pnpanu i . -
,,,od in defense of her sacred right:.,
as embodied in the Sevres tre.it.
Moslem numbers of the c
nnd state legislative assemblj of
Delhi have asked the
state for India to suggest to the Neat
East conference the
Thr ice nnd Smyrna to the Tm l.s.
Counter charges that cruelties have
no" inflicted by he Greeks upon
Turkish subjects !., the Smyrna
gion hn' beer, filed by Tu.ks.
2 KILLED
TRAIN WRECK
IN INDIANA
N. Y. Central and Michigan
Central Fliers Crash at Rail
road Crossing Porter, Ind.,
Failure by Engine Crew
to Obey Block Signal Is
Cause.
PORTER, Ind., Feb. 2S. (By Associ
ated Press.) At 1:1!) p. in. after the
forty-first body hail been taken to the
Chesterton morgue, P. E. I'feifer, divis
ion superintendent of the Michigan
Central railroad said he thought the
last had probably been found. There
are two bodies at Michigan City.
There was a possibility, however, he
said, that several more bodies might
bo found under the engine, the only
part of the wreck remaining to be
cleared away.
PORTER, Ind., Feb. 28. Tho death
list of last night's railroad wreck here
was today fixed by II. O. Seipel, cor
oner of Porter county, at forty-two.
The morgue at Chesterton contained
30 bodies, some of them only fragmen
tary, four were known to be still under
the wreckage, fifteen hours alter the
accident, and two wore at a hospital
in Michigan City. Only sixteen had
been positively identified by relatives
or friends.
Among those were:
Gordon Campbell, Revolstoke, H. C.
Justin Collins, London, Ontario.
Peter Cain, Regina, Susk.
Unidentified dead were:
Four bodies under wreckage.
Twenty-three bodies at Chesterton
morgue.
X. Y. Central Had Hlght Way.
A statement by Towern.an J. C.
Cook on duty at the crossing, declar
ed the block two miles away wns set
against tho Michigan Central train,
while tho truck was left clear for the
New York Central train. Railroad
officials at the scene of the wreck
said Engineer W. F. Long of Jack
son, Mich., who escaped unhurt, de
clared ho had received a clear signal
and had chocked It with his fireman.
Ho left today for his home.
Among the dead was Gordon
Campbell, Itevelstoke, II. C.
All except the two baggage and
mall cars of iho New York Central
train remained upright nlthough bits
of the wood of the wooden coaches
of the Michigan Central train were
scattered for .fifty yards. Passengers
in the four couches of the Michigan
Central train . behind the two death
cars were unhurt excapc , for the
cars were ' unhurt': except for hte
on the New York Central escaped.
Many Decapitated.
For no reason that railroad offic
ials could assign, almost all of the
dead taken to the little morgue at
Chesterton, across the tracks from
Porter, received their fatal wounds
in the head. Some were decapitated,
accounting for tho failure 'to Iden
tify nine of tho 28 which had been
taken there up to nine o'cloek
The first group of those critically
injured was rushed in an ambulance
to Michigan City, Ind., and two of
them died on the way. Railroad of
ficials expressed the belief that all of
the others injured would recover.
Hospitals and private homes at Mich
igan City and Gary received the In
jured, according to the character of
the Injuries.
Records of the Michigan Central
train disclosed a largo number of
railroad employes, traveling on passes
believed to have been on the wreck
ed train but they could not bo found.
The speed of the New York Central
express, while fatal to the victims in
the death cars, was believed to have
saved other passengers from serious
or futui injuries.
The engine of the New York Cen
tral train burst through the wooden
coacheswith such force that It whirl
ed half around and started n blazo in
the wreckage. Porter citizens dragged
out a hose and quickly extinguished
the fire.
Within a short time lights In the
upright coaches of both trains were
turned on again from nn emergency
connection nnd any semblance of pan
ic nmong the uninjured was allayed,
while the unhurt ministered to those
hurled from their seats, but still liv
ing. Kiigcno Crow Dead.
Codies of Engineer Claude John
son of Elkhnrt, Ind., nnd Fireman
George I)elH...d of Elkhnrt. engine
crew on tho New York Central train,
were recovered from beneath their
smashed locomotive.
Kngineer W. F. Long and Flro.uan
(Continued on Page 81x)
Canadian Radicals
Step From Jail to
Seats in Legislature
WINNIPEG, Man., Feb. 2S.
P. William Ivens, John Queen mid
George Armstrong, who were re-
leased today from the provincial
jail after serving one year sen-
fences on chortles uf making sedl-
tious utterances in connection
with the Winnipeg strike in 1JI!I,
will take their seats tonight as
members of the Manitoba leglsla-
ture hero.
Ivens, Queen and Armstrong
were elected to the legislature last
fall while they were in jail.
5 DEFENDANTS .
PLEAD GUILTY
NOT- GUILTY
Carol, Slade, Morin, Friel and
Robins All Throw Them
selves on Mercy of Court
W. F. DeWitt to Stand Trial
Evans' Trial Started.
I'leaH of guilty wore entered In the
circuit court thin morning ny five
men, inflicted by the Ki'iiml jury, and
in i e ) 1 1 ca-uf n ot-r u trty wuh e i it e r oil -.
All the former expretned a desire to
have sentence. panHeil immediately and
the court announced that ainc would
he forthcoming this afternoon.
Those pleading guilty were Arnold
It. Carol, indicted fot defrauding the,1
Mod ford Auto company out of a
Ituick auto, Kny It. Klade, indicted for
lurceny by bailee from the KnderH
.store at Ashland, William Morin, in
dicted for forgery on two. count h, nnd
Karl Kriel Inflicted for forgery. Carol
and Slade filed the same pleiiH Sat
urday. George Robins, charged Willi
forgery plead guilty, ltobiiui pasHed
checks for $-10 on Jons . onsen and
the Model Clothing store, Saturday
night, February lit. and was caught
after a chase by Sam Richardson and
Wilbur Ash pole. Attorney Herbert
K. Han n:t, for Friel, informed the
court that his client was under age,
and subject to the juvenile court law.
The court intimated that he would
take this under consideration when
passing sentence.
W. F. DeWitt, an Ashland jitney
driver, Indicted for manslaughter as
I'aciflo highway near Talent last
a result of an auto accident on tho
Christmas Eve, entered a plea of
not guilty, and the court said the date
fof his trial would be set for near
the close of the present docket, lie
Witt was represented in court by for
mer Prosecutor George. M. Roberts.
Hal! wns left at $1000. A coroner's
jury held DeWitt negligent and care
less in an auto accident that result
ed In the death of Mrs. Nona Jen
nings of this city.
A grand jury to convene May 16,
1921, was drawn this morning by the
circuit court from the February jury
panel ns follows: 1. C. Higham, Med
ford; K. W. Carlton, Central Point;
Uoyrt Colver, Phoenix, J. W. Fdden,
Central Point; A. C. Joy, Ashland; K.
L. J,nno, Central Point nnd Clarence
A. Meeker, Medford.
Demurrers Asked.
Demurrers were filed In the circuit
court today by Attorney Herbert K.
Hanna to the four new Indictments
returned last week by tho grnnd Jury
against R. D. Dines, former vice
president of the defunct Hank of
Jacksonville, alleging tho making of
a fnlso statement to the bank ex
aminers. The court ruled that argu
ments would be heard on the Indict
ments at a later date. The demurrers
were sought on the gorunds that the
indictments fail to conform with
Chapter VII. Title XV! H. Oregon
liiws, and not sufficient evidence to
constitute a crime.
The four new Indictments make a
total of seven lndictmenlH against
Hliies.
Kvans Trial Starts.
AVilh Judge Kuykendalt of Klam
ath county on the bench the work of
securing a Jury to try Iark Kvans.
charged with auuault and robbery
was begun in circuit court this morn
ing and the taking of evidence In the
case Is not expected to be under way
until late this afternoon. The
court ordered a special venire of 12
jurors to be drawn, to report forth
with. The trial Is expected to last
three or four days.
The Indictment against Kvnns
charges that on September 13, lfll,
he hired W. G, White a Grants Pass
Jitney driver to bring him and his
supposed wife to this city, and that
when near Savage Rapids, close to
(Continued on Pago Five)
LEVER F00
CONTROL ACT
THROWN OUT
U. S. Supreme Court Declares
Profiteering Measure Is Un
constitutional Hundreds
of Cases in Campaign to
Reduce H. C. L Effected
Portland Dealers Escape.
WASHINGTON. Feb. 20. Seetinns
of the Lever final control act under
which the department of justice has
brought ninny actions for alleged prof-
iteeriiiK In necessities were ileclareil
unconstitutional today by tho supreme
court Chief Justice White rend the
court's opinion.
Conviction of the L. Cohen Grocery
company of St. Louis in having charg
ed an unreasonable profit on sales of
sugar was set aside by tho court.
In taking this action the court sus
tained decrees of lower courts which
had sustained a demurrer to tho indict
tnent of the grocery concern.
Tho specific charge was that tho do
fondants charged $ 10,70 for SO pounds
of sugar, or at the rate of moro than
20 cents a pound.
The conviction of tho firm of Weeds,
Inc., of Blnghaniton, N. Y., also was set
aside. Chief Jusllco White said the
statute was "as broad as human lniag
lnation." '
Brandels and Pitney Dissent
Justices Brandols and I'itney con
curred in the opinion, but dissenting
from "the reasoning by which It was
reached."
Hundreds of cases growing out or
the government campaign to reduce
the cost of living nro affected by the
opinion.
Tho court sustained lower courts In
granting to thirteen retail merchants
of Denver an injunction restraining
tho federal authorities from enforcing
provisions of tho Lever act.
PORTLAND, Ore, Feb. 2S. Sugar
dealers indicted hero by tho federal
grand jury for alleged violation of the
Lever act will escape prosecution as n
result of the opinion handed down by
tho United State supremo court, ac
cording to federal attorneys here.
These will Include Mason, IChrtuan and
company of Portland; Claude Starr,
tho Starr Fruit Products company,
ltlchard Adams anil Parrott company.
Mine Case Settled
WASHINGTON, Feb. 28. Tho su
preme court sustained today the decis
ion of the circuit court of nppcals In
Utah awarding $570,000 damagos to
the Conkllng Mining company for oro
removed secretly from Its claim by the
Silver King Coalition Mine company.
The ense was one that had hecomo
historic In mining circles. Instituted
In 1908, It wns based on tho charge by
the Conkllng owners that tho neigh
boring company had surreptitiously re
moved $1,000,000 worth of ore from n
narrow strip which Intercepted both
properties and which was claimed by
both companies. .Collateral questions
involving scores of vital legal points
peculiar to the mining Industry were
raised during tho twelve years fight."
WASHINGTON, Feb. 28. Chief Jus
tice White of tho supremo court today
ordered re-argument of the appeal of
the American Hardwood association
from lower court decrees granting an
Injunction sought by the government
to restrain members of the associa
tion from continuing cooperative soil
ing methods and Interchange of price
lists.
BOY 11 KILLS HIS 9
PONTIAC. Mich., Feb. 28. Warren
Dranficld, 11' years old, was detained
by the police hore toilay, pending In
vestigation Into tho killing yesterday
of his nine year old brother. Tho
older boy shot and killed his brother
"to put hi in out of his misery," he said,
after accidentally wounding him. Ho
said he fired tho first shot "to see how
clriso ho could come to Ills brother
without killing him."
Inmates Girl School
California Mutiny,
Sheriff's Posse Busy
VF.NTl'UA. Cal.. Feb. 28.
Twenty-rive Inmates of the Cali
fornia state school for girls here
were in the Ventura county Jail
today as n result of a mutiny at
the Institution last night; six of
nine who escaped wero believed
to be wandering In the hills hack
of tho city, and about 100 more
wero confined In tho "sllonco"
room at Iho "lost jirivilege" cot
tugo at the school.
The trouble began shortly after
dark and stopped only when the
sheriff and sixteen deputies wero
callod to (he nld of the start of
touchers, who round themselves
powerless to quiet tho girls.
Dismissal of a woman physician
popular with the girls Is believed
by school officials to bo responsi
ble for tho outbreak.
0. S. DESTROYER,
I
WASHINGTON. Feb. 28. A naval
court of inquiry Into the sinking of
the United Slates destroyer Woolsey
by tho steamer Btoul Inventor off
Panama Saturday has been ordered
by Admiral Hugh Itmlman. com
mander In chief of thu Pacific fleet.
The court will sit at Pallida, Panama,
dispatches said, and will investigate
every phase of tho collision tliat 'ro
suited in the loss of the naval vessel
the death of one enlisted man and
the Injury of several others. About
fifteen men ibers of the crew of the
Wnolsey still wero reported ns miss
ing. Secretary Daniels has telegraphed
Admiral Hodman for a more com
plete report of tho accident.
' PANAMA, Feb. 28. United States
naval authorities hero have usked A.
C. Hindman, United States district at
torney for tho canal zone to bring a
libel action against tho steamer Steel
Inventor, which collided with the
United States destroye'r Woolsey off
Colba Island Saturday morning. The
Woolsey sank almost Immediately
after the collision and sixteen sailors
are believed ' to have drowned or
killed.
Captain W. fl. Turner of the Steel
Inventor asserts the destroyer col
lided with his ship, striking her on
tho port' side of her bow.
Tho Steel Inventor reached Pan
ama last night nnd Captain Turner
said ho would recommend to tho
United States Steel Products com
pany of New York owners of tho ship,
that a libel action be brought against
the government.
IS CALLED OFF
WASHINGTON, Feb. 28. Threat
ened war between Panama and Costa
Pica was averted today with the sur
render of tho Costa ltlcan army In
Coto, according to word received he.'e
by the charge d'affaires of the Pan
ama legation.
BEND, Ore., Feb. 28. P. C. Hurt,
a Deschutes county rancher, today
was awaiting further word concern
ing his wife, whom ho has learned
was captured In December by a party
of Turkish nationalists whllo on her
way from Armenia to take passage
to America.
CONSULS OF FRANCE,
SEATTLK, Feb. 28. Consuls of
France, Peru and Mexico, and tho
under-Bocretury of Iho Moxlcan con
sulate hero, were to appear In public
court today to answer to charges of
disorderly conduct preferred following
their arrest ut an apartment house
last night. Police said they found wine
In tho apartment nnd broken bottles
scattered about tho floor and that per
sons passing outside hud been struck
by silverware and other articles flung
from tho windows.
The four arrested wort! C. Wneher-
Corblerro, French consul; J. M. De
.4.4.4,4.4.4,4.
NO QUARTER
TO IRELAND
Lloyd George Tells Parliament
Chief Secy, for Ireland Will
Be Allowed to Carry on
Present Policies Six Irish
Republicans Executed at
Cork Action Arouses Irish
DUI1LIN, Fob. 28. News of the exe.
cut Ion of Iho six Irish republicans at
Cork today made a profound Impres
sion uKu the population of the capital.
It had , been generally expected the
death sentences would be commuted.
LONDON, Feb. 28. (By Associated
Press.) Tho British government does
not Intend to alter Its policy for main
taining order In Ireland, Lloyd George,
the prime minister, announced In the
house of commons today. The chieC
secretary for Ireland, he said, would
be allowed to carry his administration,
to a successful conclusion.
CORK, Fob. 28. (By Associated
Press.) Despite the appeal for clem
ency made recently by the Cork cor
poration, the six Irishmen in jail here,
whoso deaths were fixed for today on
charges of levying war ngatnst the
crown' forces, wore executed by tho
military this morning.-' The men were
shot In batches of two each at inter
vals of fifteen minutes. -
Tho men executed wero Timothy Mc
Carthy, Thomas O'Brien, Patrick Ma
honey, John Lyons, Daniel Callaghan
and John Allon.
The first five were condemned for
an attack upon the crown forces at
Drlpsey, county Cork In January. Allen
whoso home was In Tlpperary, was'
sentonced for possessing a revolver
and ammunition. It was his sentence
which tho king's bonch confirmed Feb
ruary 21 In deciding that a state ot
war existed In Ireland, giving the mili
tary full powor to act without Inter
ference by tho civil courts.
The clemency appeul was adopted
by tho corporation Saturday and a
copy sent to General Sir Nevil Mac
Ready, commander of the troops la
Ireland.
In nil the catholic churches in Cork
yesterday prayers were said for the
condemned mon.
TtlOA, Feb. 28. Rumors that tho
soviet authorities in Petrograd have
been overthrown are in circulation In
Miscow, says a report from the Rus
sian enpltal received hore today.
PORTLAND, Ore., Feb. 28. An
nouncement was mado by officials of
the Oregon-Washington Railroad and
Navigation company that effective to
morrow tho force of tho shops hero
would he reduced two thirds by the
indefinite lay-off of 891 men. Be
tween COO and 600 will be retained.
Oregon Short Lino nnd Union Pa
clflc forces also will bo cut. Tho
Spokane, Portland and Seattle Rail
way will lay off 89 men at tho shops
at Vancouver, Wash., tomorrow.
PERU, MEXICO
V
Mncedo, Peruvian consul; Lauro Cam
pos, Mexican consul, and Rlcardo F.
Medina, tinder-secretary ot the Mex
ican consulate.
Indignation was expressed by the
consuls, who said the action of the
police In arresting them and taking
them to the police station In a patrol
wagon would be reported to their em
bassies in Washington, D. C.
Mayor Hugh M. Caldwell, In a for
mal statement today expressed regret
at the Incident and said that he had
ordered tho police court charge against
the consuls dismissed.
BY PREMIER