Medford mail tribune., May 02, 1921, Page 1, Image 1

Ml
DMAE
The Weather
Maximum yesterday 46
Minimum today. Wz
Precipitation, .35 of an inch
Predictions
Fair,
Pally Sixteenth Year.
Weekly Kirty-Klrst Yrar.
MEDFORD, 0R1-XS0X, MONDAY, MAY 2, 1921
XO.
SBFOR
KliSUJNU
NEWBERRY
DECISION
REVERSED
Supreme Court Sets Aside
Conviction Michigan Sena
torial Fight Statutes Are
"Grossly Misconstrued" De
cision Says Divided Ver
dict Is Filed.
WASHINGTON, May 2. Convic
tion of United States Senator Truman
II. Newberry in tedural courts in
Michigan for conttpiracy to Violate the
federal corrupt practices act was sot
aside today by tiie Hupreme court.
The conviction of sixteen other de
fendants also was set Rside. The
court held that congress was without
puwer to regulate primaries.
Justice Mcfteynoids read the opin
ion to which Justice McKenna dis
sented as to the power of Congress,
but agreed as to the decision.
Chief Justice White also dissented
from the decision that congress did
not ' have power to control alt elec
tions, but agreed that the statute had
been "grossly misconstrued."
Justice McReynoids said that the
lower court erred in dismissing the
demurrer of tho defendants,
"Obviously the corrupt practices
act covers nlso the primaries and
other preliminary acts preceding an
election,' the court said. "The one
question here is whether congress
may limit expenditures of a candi
date. The source of such power is in
section four, ftrticle . one, of the con
stitution. This gives congress the
power of regulating the 'manner of
holding elections,' and not of 'elec
tions. "
Chief Justice White in his dissent
ing opinion, traced in detail the
growth of the election system to show
that congress was given the power
uttderthe constitution to regulate sen
atorial elections.
"It Is essentially a federal matter,
not existing before the constitution,"
said he.
Tho direct 'election amendment to
the constitution has not changed the
provisions of soction four, article on.'
of that document, the Court held.
Chief Justice White predicted that
legislation would come which would
set aside today's decision as to the
power of congress over primaries for
otherwise "government cannot live."
Upon learning of the court's de
cision, Chairman Dillingham of the
senate elections committee which has
charge of the Ford-Newberry contest,
paid the committee would meet in a
fow days to consider the efeet of the
court's decision on future senate ac
tion. Senator Dillingham said it ap
peared that with the corrOpt practice
law held void the committee would
be without further jurisdiction.
Associate Justice Pitney also read
an opinion dissenting in part from
the court's decision - and announced
that Assoeiato Justices Brandeis and
Clarke had concurred in tho opinion
he filed,
Chief Justice White said ho con
curred in-the reversal of the convic
tion, but that a new trial should be
held.
Senator Spencer, chairman of the
senate sub-committee, considering the
Ford-Newberry case, said his commit
tee would proceed with the investiga
tion Irrespective of the decision of the
supreme court. The broad question of
who was elected and the question of
the alleged fraud charged by Mr, Ford
will be considered, said Scnator Spcn-
cor.
GRAND RAPIDS, Mich., May 2.
Judge Clarence W. Sessions, who pre
sided in federal court here In the New
berry trial, upon learning of the su
preme court's dicision today announc
ed that he would at once Issue an
order dismissing the second indict
ment against Senator Newberry and
his associates.
M'GRAW EXONERATED
ON BOOZE CHARGE
NEW YORK, May 2. John J
McGraw, manager of the New York
National league baseball club, t;-day
was eonerated on two clia.-ges cf vio
lation of the Volstead act. IllciSJl pur
chasing and possession of lUiunr at
the Lambs club wore charged.
CHICAGO, May 2. A strike of the
Livestock Handlers' union at Stock
yards, called Saturday night may
tie up other branches of the packing
industry here before nightfall, Pat
rick J. Griffin, president, of the un
ion said today.
"We'll take every man out of the
yards before the next Monday," he
asserted, "and there are 40,000 , of
them,"
Mooney in Respite
From San Quentin
Prison as Witness
SAX FRANCISCO, May 2.
Thomu3 J. Mooney was brought
to San Francisco today from the
San Quentin state . penitentiary
where he is serving a life term
for the murder of a Prepared-
ness day bomb explosion victim
here in 1916 and appeared in
court to testify in an action in-
tended to prove that his convic-
tion was brought about by fraud,
At the request of Mooney's attor-
ney the matter was postponed
until May 23 and the prisoner
was ordered returned to the penl-
tentiary today,
The delay was asked, tho at-
torney explained, because wit-
nesscs from the east have not ar-
rived. Mooney will be brought
here again on tho twenty-third.
In talking; to newspapermen
Mooney said he was being well
treated at San Quentin but was
certain that his Imprisonment
was undermining the faith of the
people in the American court
system.
Mooney posed for newspaper
photographers while here. To a
suggestion that he cover his
handcuffs while posing he replied
in the negative and declared the
cuffs to him represented a "badge
of honor."
QUIET MAY DAY
SHOWS COUNTRY
BACK tO NORMAL
Attorney General Says "More
Working and Less Watch
ing Needed" Red Program
Fails President's Plea Is
Answered,
COlAWinUS, Ohio, May 2. Quiet
observance f May day ihrouKhout
the Vnited States, despite attempts to
agitate demonstrations through the
distribution of literature has "given
assurance, of the return to normal
conditions In America," said a state
ment issued here today by Attorney
Harry M. Iaugherty.
Yesterday had been a typical
American Sunday," tho attorney gen
eral said.
Mr. Dauftherty's statement said lit
had been urged to issue a general pub
lic warning against announced dem
onstrations as had been customs rv
with the department of justice ihe
last several years, but that he had ic-
fuscd to do so.
"My idea was," the statement said,
'that if a general warning were given
it would invite, rather than prevent
demonstrations. The country is set
tling down to a patriotic program. I
think wo need less watching and more
working in this country.
'I would not say that it is perfect iy
safe to leave the smokehouse door
open, but we are back to normal, al
most, as the president of the ignited
States would say. and we have reason
to be proud of ourselves.'
RELAND ADDRESS TO
BE OFFICIAL COPY
WASHINGTON, Way 2. Senator
Borah, republican, Idaho, presented to
day in the senate a copy of "an ad
dress to the American congress by the
parliament of Ireland, Without objec
tion, Senator Borah's request that it
be referred to the foreign relations
committee and printed as a public doc
ument was granted.
Copies had been sent previously to
all newspapers In the United States by
agents of the provisional Irish govern
ment. PANAMA TO ACT OR -
BE SHOWN PLACE
WASHINGTON, May -2. I.'nlesw
Panama arts voluntarily within a
"reasonable time the United States
wilt take measures to compel her to
transfer jurisdiction cf the disputed
foto territory to Costa Ki-a, 8re
tary Hughe says in a recent note to
the Panama government. The text
of the document was made public to
day at th state learttnnt.
MARINE STRIKE
CHIEFS PREDICT
SHIPPING TIE UP
Washngton Reports Few Ves
sels Tied Up As Result of
Walkout Both Coasts and
Gulf Ports Affected 125,
000 Men Quit Posts,
XEW YORK. May 2. Union lead
ers predicted today that the walkout
of marine workers called yesterday as
a protest against fifteen per cent wage
reductions would result in 24 hours
a complete tie-up of Ameivian
shipping.
News of the walkout decision was
wirelessed to all ships flying the
American flag yesterday after the Iti
tarttatfonat Seamen's union, the ma
rine firemen, oilers and water tenders
union and the marine engineers un
ions had voted to resign their juiis
rather than accept the cut.
It is estimated that about 125,000
workers are affected by the walkout.
The fifteen per cent reduction sug
gested by Chairman Itenson of the
shipping board and placed in affect
tt midnight Sunday means a virtual
reduction of from 40 to 50 per cent
when certain new working conditions
are considered, workers declared.
Of the 125,000 workers affected by
the walgout, 30,000 to 40,000 are in
this yort. The number of ships af
fected is said to he about 2t00 of
which hntween 200 and 300 are In this
port. The total tonnage involved Is
more than 13.000,040, of which
",,00,000 is owned by the United
States shipping board.
It is believed by leaders of the ma
rine work era that the walkout call
will be heeded generally today in all
ports on the Atlantic, Ouif and Pa
cific coasts. They said they received
messages from the west coast last
night indteatatne that workers there
were in fuli sympathy with the move
ment
From some ports came Information,
leaders said, that owners in a few in
stances were taking on men at the old
rates of pay rather than suffer hisses
through tying up of the ships.
WASHINGTON'. May 3. Shipping
hoard officials said today hut few ves
sels had been tied up as a result of
the refusal of the seamen to accept
the wage cut ordered by the hoard
Friday. In the coses reported the ves
sels were held in port because he men
refused to sign articles at the re
duced rate of pay.
RISH INDIFFERENT
10 COMING OF
- NEW HOME RULE
DUiSMX, May 2. A new chapter in
Irish history will be recorded this
week with tie inauguration of the new
home rule partition act. This will
mark the. end tf the act of the union,
under which Ireland has been govern
ed from Westminster for 120 years.
The week will also witness the inaug
uration of tord Talbot, the new lord
lieutenant, who is the first catholic
to hold that office in recent times.
Despite the importance of these de
velopments the Irish iieople appeared
today to await them with the utmost
indifference.
Lord Talbot will be sworn in to
morrow with the usual ceremonies,
although he will not make the tradi
tional state entry into Dublin castle
with tho old time pageantry, Later he
will issue a proclamation summoning
parliaments for north and south Ire
land, '
JEWS AND ARABS
AT JAFFA SUNDAY
JERUSALEM, May 2. By the As
Hoeiated Press Twenty persons
were killed and 150 wounded In a
clash between Jews and Arabs at Jaf
fa Sunday. Troops succeeded in re
storing order without being compelled
to fire on the fighting crowds.
MEXICO VOTES RELIEF
10 OWN IN TEXAS
FORT WORTH. Texas, May !,
The Mexican government has appro
priated $5,000 for relief of destitute
Mexicans in north Texas, according
to a message received by Mayor f "ote -r'H
from .Meish-o City today.
Kings of Swat in
Nip and Tuck Race
For Homer Honors
NEW YORK. May George
Kelly, of the New York Giants
hit his seventh home run of the
season today is the first tuning
of the game with Boston.
4.
HOSTOX. May 2. f la be limb
fr of the New York Yankees knock &
ed his sixth home run of the sea-
son in the ninth liming of the
4 game with the ihiston Ued Sox
4 today.
FRENCH MOBILIZE
FOR RUHR MARCH,
ROILSGOMMUNISTS
1'AKIS, May. 2. Hy Associated
Press.) The French government is
proceeding with the preliminaries nec
essary to tho occupation of the Kuhr
vallexj should that step be ordered.
A brigade of cavalry was entraining
today at Meaax to join a large detach
ment of Infantry already on the way
from Lyons, in addition to artillery
from Vineitmes and other garrisons,
now on tho move.
Orders for the mobilization of the
class of 1319 were expected to be is
sued today.
Negroes are not expected to be in
cluded in the forces sent into the
Ruhr
Newspapers as a whole expressed
toemselves today as being in favor of
the mobilization, the only discordant
note being struck by Humanite, which
in large headlines attacked the order,
calling the men to the colors. It also
carried on its first page an advertise
ment by tho communist committee of
action, beginning witit the words:
"Down with war; down with mobiliza
tion."
BROTHERS PERISH
N $300,000 BLAZE
GREAT FALLS, Mont., May 2 Fire
believed to have started in the Frlseo
hotel at Xeihart, Jlont., early today re
sulted in property loss estimated at
$300,000, tho death of George Roehl,
aged S3, proprietor of the hotel, and
the serious Injury of his brother
Charles, aged SO,
The hotel, the mill and concentrator
of the Cascade Mines and Mill com
pany and three residences were de
stroyed. Insurance was placed at 76,
000. Charles Itoohl was badly burned
in an effort to remove his brother
from a cottage near the hotel in which
they resided. The hotel and the mill
had been closed.
BASEBALL SCORES
National
R. If. K,
Pittsburg , 4 8 2
ChicaKO 3 7 0
Batteries: Gtaner and Schmidt;
Martin and O'Farreli.
R. If. B,
Philadelphia 3 9 B
Brooklyn 4 5 3
Batteries; linhheli ami itniKgy; Ca-
dorc, Miljiis, Mitchell and Afiller.
It. IF, K.
Boston ,,., 18 1
New York ,...,.....,.., S J 2 0
Batteries; Watson, Scott, Cooney
and O'Neill, Gibson; Hnrncs and Smith
Gaston.
American
H. H. B,
New York t 7
Boston 2 5 0
Batteries; Slays and Schans; Jones
and Ruel,
It. H. K.
Washinston 1 3
Philadelphia 6 5
1
S 1
and
Batteries: Eriekson, Courtney
Gharrity; Perry and Perkins.
Coast Htajidlngs
SAX FKAN'CISCO. May 2. Stand
ings of clubs In the Pacific Coast
baseball league, Including yesterday
games, follows:
Won, Lost, Pet,
...IS S .692
...IS 9 ,mt
...14 12 ,538
J2 1! ,522
...13 12 .520
-11 15 .423
... 13 .3d!
... " Ifl ,8MS
San
Sail !,ake
Portland ,'
FARMBUREAUTO
ASSUME CHARGE
OF COUNTY FAIR s
Special Election to Be Called
for Voting Half Mill Levy for
Improvements -Back
Movement-
Farmers'
l&
Ask That
Officials Donate Services,
The Jackson Comity Fa rat Bureau
has assumed the rvsims-sliMiHy f mak
ing the comity imr gntiiimn as one of
the best in the btate f Oregon lyj
aitojrtiiitt the buililins ! Improve-;
The plan eoiilempUues Ihe expendi
ture of some thirty thousand dollars
for seven ticrmaueut ImiWinftS ami
other improvements smeh as fencing,
roadways, walks, sewer anti water
system.
To cover the cost of (hese improve
ments a committee has been appoint
ed to place a measure ra tho ballot
whereby the money will bo raised by a
half mill tax for a two year period.
There will be a special election neces
sary ant! the judges mul fttHers of the
varicjKs election boards are t Ire ask
ed til donate their services in order
that the exjiense of an election may be
saved to the comity.
A half mill tax will produce $13,130
or a total of $27,rM0 which together
with some $ WO now in the possession
of the Fair association wilt provide
stifficieiit funds to ewer the cost of
trie utiiluing and improvement pro
gram. The executive hoard of the Farm
Bureau have taken this action, be
cause in their nniition the county fair
is a purely farmers ptwjjosition and $
exclusively for the fanners benefit.
In adopting this project, tho Farm
Bureau did so knowing that the
grounds had been landscaped and loca
tions for builditms selected by Prof.
A, U, ieck or tho O, A, C, and that
committees have Riven tho building
and financial plan thorough considera
tion. if the voters" adopt the plan, the
omIUIIhrh will be constructed this sum
mer and be ready for the fair for
which the dates of September Hta to
JTth have been selected.
ME ASSESSMENT
WORKBILLPASSED
SETTLERS BENEFIT
WASHINGTON, May 8, Tho sen
ate passed a bill to crealo an add!
tional federal judgeship to the dis
trict of Arizona. The measure to
make tho annual period during which
miners are required to perform a
certain amount of work on tholr
eiaitnt correspond with the fiscal in
stead of the calendar year, also pass
ed.
These measures now go to the
house. ,
Hills passed by lite house Included:
To authorize the interior depart
ment to furnish Irrigation water to
settlers on western reclamation pro
jects even in cases where they are in
arrears with, tho government in pay
ment of Installments due on construc
tion costs.
To authorize the eonstrHction of $
$180,0(10 dam across tho liig Horn
river on the Crow Indian reservation
In Montana, This bill now goes to
the president.
WASHINGTON May 2. The Dial
bill requiring federal judges to devote
thttir entire time to the duties of
Utetr offices was reported favorably
today by the senate judiciary com
mittee
GROW MMAN 1UE
NS GRAZING SUIT
SAX KKAXCiSCO. May 3, A fed
rai eourt jmfg!?Hnt in Montana for
'$3l,35G in favor ol th Crow tn
dJan tribe asainsi (eore if, Eirhv
and Charles iMc Daniels over a graz
ing lease on some of the indian lamia
was upheld today hy ithe United
State circuit cottit of apweaia. Th
ni. was over compensation for the
number of rattle graven on the land
lit -excess of a maximum of 11,006
hcrtrt speeified in the lease.
Yakima Farmer Is
Held for Murder in
Virginia Poker Game
YAKIMA,. Wasb., Mar 2. Af :
ler living a blameless life here
for two years William Palmer 4
Tiotoa, farswer was on Sunday 4
arn'Std jost as he was palling
his horse in the barn and is now
4 in the county jail awaiting
4 transportation to his tarmvr
5 home mi CSsle City, W. Va to
niiswr to fh chare of mar-
rnS Orhun Chapman there in
Palmer has a wife ami
chUdren. lis was traced
through having aamil a y?ar
ago, signed a deed conveying
some 'irgmia property to one
of his relatives,
Palmer, a qufot lKkins man
j who la oih5m much respected by
his nfijdilmm here, concedes that
lo
is a " regular wildcat" when
arouse
Jaiirr C A. !avis states 4
that I'almer admitted the hiiliiiR
to hint, onI began talking aliout
it before ho had been told what
the officers wanted him for,
Chapman, tho prisoner says.
was shot in an argument over a
tmker Raffle, 4
JOBPRINTERSAND
ALLIED CRAFTS ON
44HR.MIE
Nation Wide Walkout Averted
When Employers Agree to
Terms Wage Cuts Still
Fending Walkouts Spread
to Canada,
I'fUCACIO, May 2. Acceptance hy
employers id many of the Inrger
t'Uit'8 of th 44-hour week in the
i rin time industry today aijeard to
have averted a natlon-w.de strike in
hook and jh printing shops, JLwal
officials of the I nur national Tyiro-
graimicai Linton were instructed hy
iuternatfunal headquarters to raM
strikes wherever employers retused
the -H-hour week.
In several eJJtes strike votes &ism
were being tahen hy ffressmett ad
it her unUmn attted in the printing in
dustry. About 250 locals throughout
the country had signed 4 4 -hour week
contracts with employers including
yonie of the jb rlnUni? shops in New
York, Chicago, Cincinnati, Milwaukee
and Indianapolis aeeord.nsr to union
BtatementH hut in several cities of thg
west and mouth strikes were expected
today.
The strike also spread to Canada
job printers n Halifax and newspaper
printers in St. Johns, N, Y.t vetting i
strike. Newspaper offices in C& m -hershurg
Ianeaster and Butler
Peniiflvlvanin and Cllenns Falls,
Y were tied up hy Mrikei of printers
hut o paper in Iamater used elec
trotypes made from typewritten cwyy
for Monday's issue
NEW YtUK, May 2. The 44-hor
week has been granted the I3M
printers employed in, the book and
th printing plants in New York City
the fmthiyifgr Printers league an
nounced today The shorter week
Iteeomes effective the first foil ftiical
week after May 1.
league officials pointed out that
the nuestlnti of wage cuts still was
pending. The wage arbitration hoard,
whleh haa heon considering the watre
question i unofficially reported tn
have agreed noon recommending a IS
per cent wage reduction.
ItOSTOX, May 2. Almut 10
paper worker in New England were
Idle today aa a result of their refnml
to accept WfflKo reductions ranging
from 20 to 30 per cent.
The Internationa! I'aper company
plants at Uvermoro Kails, Ctiisholm
and Jltiinftjrd, Maine, , employing
i fi0 persons suspended operation,
and a 3fi per cent, reduction an
notmred at Franklin N. If. was re
jected hy the union there.
PITTSBURG, May 2. Approxi
mately 1000 printers in 131 job print
inr shops struck here tcday to en
force their demand for a. 4 4 -hour
week, ftookhindenf, it was stated,
were voting on the question of joining
the strike
SAX FRAXCZSCO. May 2, Execu
tives of the Typographical tsnSon
said that approximately 250 print
era or 60 per eent in the eemmerelai
shops who demand a 4 1 hoar week.
went on strifes today.
LOS ANGELES May 2, Sixty
five job printers were on strike here
today according to Selh Brows, presi
dent of the local union.
SACRAMENTO, Cal., May 2,
About 49 printers in all job printing
shops of Sacramento were on strike
today. The strike did not affect the
newspaper office.
ALLIES GIVE
BERLIN l
DAYS GRACE
Yes or No Answer to Terms
Demanded, or Suffer Nava!
and Military Blockade and
Invasion France Wins a
Point Hopes "We Shall
Not March Alone."
LONIXJX. May tiUy Associated
IresM German? mmt gSve within
twelve days a categorical answer
V-es or no to the aEEted reparation
demands or sufser the inftSctioa oE
military or naval penalties aeesr&iog
Jo the terms of an nSitaatmn drawn
ap by the allied foreign ministers to
day ant! submitted to tfea supremo
council for its approval.
The inServal provided tor in the ulti
matum to Germany wiil act be for rh
purpose of neotistioB St was stated,
tieet to give the German vzrnnie ut
isroe to reflect, negotfethias betag con
sidered at an end.
Since Germany made her latest
tip ace gesture through Washington,
it was considered possible toe allies
wid choose tho Iraitwt States as
iheir intermediary In seeding any alU
malum to Germany.
LGXDOX, Slay 2. f By Associated
Prenyl M, Jusserasds tee French am
oasador in Washington has cabled
here the outline of a conygraatios ba
has had with Secretary Hughes, The
American government ihm ambassador
reported desires to tote no attitude
an the reparations qnesitatt that woaid
irritate governments. Secretary
Hughes said that the state department
has no further conMmmicaitaa to make
to Germany, the mesg&ge addeC"
Secretary Hughes loaScftterf a o ref
erence that Germany ghouid sett! a
without the occupation of ihe Ruhr
vaHey, as such eeeupaitoa suggested a.
kind of war, Mr, JusseraniTa cable
said.
ng conversation, the ambassador
siated, was entirely hi forms J End sym
pathetic. LOXDOX, Stay 2. By the Asso
ciated Preset Great Britain will
make a naval demonstration if Ger
nmny refuses to yield to the ailies
conditions in the reparations issue. It
was stated today. The demonstra
tion which will not tsk the term of
a blockade, will probably gocut in ihe
North sea, it was added
The retarations rommERsfon will
advise Germany rf iUm aiiiea condi
tions within six days fter tha de-
ctrfori upon them hag hsan reached
by the supreme eonneiB GermRny
then will have six day 4n which to
give an answer, whieij ia required to
im a direct yes or b without condi
tions.
IOXlHX May t-By- Asso--
ciated Press The aOBe4 sup rem
council after receiving ths report -C
ths council of foreign romist&r today,
agreed in principle to thn plan of fef,
eign Minister Jsspar of B-tllum, pro-
vhiing for an ultimatum to- toe prc
sMHcrf to Germany and for military
measures to be used in case G&rroany
should default.
Premier Brian i said this morning
it would take twelve days to eompleta
French military preparations tor oc
cupation of the Ruhr district
if at the end of that turns Ger
many has not fully yielded to the ai
li he deHared, the Frteh troop
will march,"
I hope we shall not march aioae,
he added.
PORTLAND BUILDING
UNIONS ACCEPT CUT
PORTLAND, Ore. May , With tha
eiecirtfcm of the painters and sheet
metal workers ontoa Uso organizations
affiliated with the Porttoad building
trades council aceeptej tha W per
tent wage cut plaeert In effect teday.
The acceptance 'as teBupMmty; Jkow
ever, said union leaders, iependlBg oa
ateps by the contractoa WntA tar
ranlation of an agreemait tor a work
tag basis aa reranjBnrfe4 hy tha
board of arbitration, Tka bal!Hn oob
stntctioa association im not yet soti
Held the Building Trades council
whether an agreemenl: will be made.
Charles Schumann, tajstaew agent
for the sheet metal workers ocioa
said this morning M member of th
union had refused to go to work at
places where the cut was in effect
Very few painter reported for work
today, aceordioe to Frank Mcian
H ent.