Medford mail tribune., December 01, 1921, Page 8, Image 8

PJCIE ETOITT
MEpFOTnTMATT; TTrTP.TTN MF.iTFOTCn. OftFiON. TITUTifcDAY. DF.CF.MiTEft 1. i02."'
NEVADA LEGAL
HEAD CASTIGATED
BY MARTS AIDE
Efforts to Set Aside Without
Precedent in Legal History,
Breach of Authority, Says
McNab Attorney General
Meddlesome.
CARSON CITY, v. Dec. 2.
Nevada to set asiili; Mary Pickford's
Declarations that the attempt of Attor-ney-Ocnoral
Leonard H. Fowler of
dlvnrc-o from Owen Monro "violates
every principle of institutional gov
eminent" anil "is the first of its kind
and should be the last" were made by
-Miss I'ickford's attorney, flavin M:
Nab, San Francisco, in an answer filed
in the state supreme court here today
to Fowler's appeal from District Judge
Frank I'. Langan's rnllns upholding
the decree.
Miss 1'lcliford was granted a decree
of divorce at Minden, Nev., March li'V
1920, by Judge l.angan and in a short
time married Douglas Fairbanks. Miss
Plckford, Moore and Fairbanks are
motion picture stars. On April 1(1
1920. Attorney-General Fowler filed
an action at Minden asking that the
decree be set aside "In the Interests of
tho stale of Nevada." On June 2f.
1!)2I, Judge l.angan upheld the decls'
lou and Fowler appealed to tho -state
supreme court. McNab's conclusions
leached In his answer to the appeal
follow In full:
"This ease Is without precedent In
jurisprudence.
"It is tlin first of Its kind and should
ho the lust of its hind.
"it violates every principle of InstI
tutlonal government.
"It Is without warrant by the constl
t tit ion of Nevada, by statute, by Un
common law or by judicial Interpreta
tion.
"Official power and authority must
bo found In the law. They cannot be
usurped.
"No language can bo found In any
law that can be tortured into glviny
excuse for this attitude of the attorney
Kencral.
"If Nevada had contemplated bo
coming a party in tho form of plaint If!
or defendant, or plaintiff against plain
i ii r and deiendaut, in divorce, or any
oilier action, tho stale, through her
people or her legislature, would have
articulated her purpose.
"If Nevada had Intended that liei
established courts wore not to ho tin
solo dispenser of justice, but that the
nttorney-gonernl was to bo a super
court-overruling judicial determina
tions, disturbing tho orderly udminis
trillion of justice anil hiirrassing lltl
gants it surely would have so said
It Is not thinkablo that the people ol
tho state could allow any official to be
at largo without legal restrictions
freo to constitute himself a bill of at
talnder as against any litigant.
"The axiomatic principle of repre
sentative and orderly government is
that law shall have a uniform opera
Hon. It cannot bo delegated to nn
official to make tho law unto himself
and to select a victim for prejudice or
caprice. That would bo tho end of
free government.
"1 hat no attorney-general In the
long history of Nevada ever attempted
to exercise such powers should settle
tho fact of their non-existence. Thai
mo present attorney-general has se
lected but one victim for this attempt
oil extraordinary oppressive and eceen
trie Interpretation and abuse of iwwer
amounting to persecution argues
against its existence, even in his judg
ment.
"1 ho peoplo of Nevada could have
contemplated that It should bo left to
tho temper, prejudice or caprice of any
official whether the law should, or
slioulu not bo applied, nor that he
should confine the operation of the law
to one person alone merely because
that person was famous.
"Nevada has expressed herself Ir
her laws as to tho authority of her
courts and the authority of other ofllo
mis, a no nas given no power to
attorney-generals such as the present
attorney-general has invented. What
the people have not given to him. the
ASPIRIN
Name "Bayer" on Genuine
la-ware! Cnlrss you see the name
"Itayer" oil package or on tablets, you
are not getting genuine Aspirin pre
scribed l.y physit-iuus lor twenty-one
years and proved safe 1 1 v millions.
Take Aspirin only as 1M to the liny
er p.icknve for Colds. I f(-:idtii-hi-, Neu
ralgia, libelMnaliMM, Karachi-, Tooth
llehe, IiUmbago. and for I'utti. Handy
lin boxes of twelve River Tabid ol
Aspirin cost few rents. 1 n ui:nis!s also
sell larger package. Apii In Is tin
trade mark of l:aer Manufacture i.f
Alonoacolloaeldcstcr of ,Salic lien id.
Adv.j
alloi-uey-geuei-.il cannot approximate
to himself.
"The recognition of that which the
people have not authorized would de
moralize and destroy judicial proced
ure aud end orderly government.
"No instance can be cited where
such an attempted seizure of authority
has bevn tolerated by any American
state, nor can any case be cited in any
country governed by the common law.
"The substitution of government by
official prejudices and caprice, for.
government by law means oppression!
and tyranny.
"In this instance Uio court having
jurisdiction to which court thtr peo
plo and the state of Nevada had con
fined their Interest In tin? matter has
adjudicated the subject and has dis
charged its obligation to the state of
Nevada, to the iieople of Nevada and
its duty to society.
"No appeal has boon taken from that
judgment. No motion was made by
the court, itself, to set the judgment
aside.
"The judgment is final.
"The gratuitous and meddlesome ac
tion and interference by a stranger, In
attempting to disturb the adjudication
of the court by thla strange and incon
gruous and nnauialoiis proceeding, is,
without precedent and without war
rant in law and against public jiolicy,
and wo respectfully submit that It is
the duty of this hoiiorahlo court to
affirm the orders of the court below or
to dismiss the appeal if the orders
made are not appealable."
SAYS CRATER LAKE
BEST SCENIC BET
NATIONAL PARE:
TO RECTIFY SHANTUNG MESS
(Continued from page one.)
In IS 14 Japan nnnounced that she
would support Oroat ilrltain's Inter
ests by taking the town of Tsliigtao,
Die Chlnoso wished to send troops to
make the attack a concerted affair,
but were dissuaded.. When Japan
had stormed the town and taken ii
from the llcrmnns, the t'hlnese con
sidered the matter merely n 'Tsing
to question.' imt it rapidly grew Into
a 'Shantung (.uosllnn' again when se
cret treaties were disclosed whereby
Japan bad obtained more than a year
before the peace eonfereneo the
engagements of tlreat liritaln, France.
Itussin and Italy to support Japanese
claims- to all privileges which (ier
many bad aciiulred in .shantung.
Although the Chinese delegates pro
tested that when llielr country enter
ed the war against Cermany and ab
rogated nil treaties with the latter the
territories and concessions automati
cally reverted to China, the Tails
council followed the secret treaties
and provided in the treaty of Ver
sailles for the transfer of 'all rights
formerly belonging to Ooi-manv' in
Shantung, to Japan. The Chinese re
fused to sign the treaty; and there the
matter may be said to rest, though It
has since been the subject of almoin
easeless diplomatic discussion.
Is China's Holy Land.
"Most of the coast of Shantung Is
rough, but within this minor barrier,
much of Hie province Is plains coun
try with unending fields of beans and
kaoliang, a kind of grain sorghum.
The level sections of the provlneo are
traversed by the great Yellow Klvcr.
which periodically Inundates the
ountry; and the Grand Cannl. a
Waterway second In importance as a
ommcrco carrier only to the Yang-
tszc-klang.
Near the central part of Khantunu
rises Tin -Shun, the highest and most
famous of Die five sacred mountains
of China. A short distance to the
south of the mountain Is a little town
which probably ranks as the most
venerated spotin all China, the birth
place and burial place of Confucius.
one of the world's greatest religious
teachers. To both Tal-Slinn and the
uravo of Confucius at Chow-fu. thous-
inds of pilgrims journey annually,
file presence of these sacred Hm.iu
raises Shantung sentimentally above
the other provinces. They transmute
it Into tho Chinese Holv Umrt."
"Crater lake is one of our biggest
beta in the west and is destined to
become one of the most famous of all
the national parks." is the opinion of
II. M. Albright, superintendent of the
Yellowstone national park and field
representative of the director of the
national park service, guest cf the
Forum Wednesday.
"The growth of Crater lake as
tourist attraction in the past year has
been simply phenomenal. A year ago
it was listed as tho worst park on the
circuit, by tourists. During tho tires
ent year It has been the only national
park at which no complaints whatever
have been received.
"Crater lake, moreover, showed the
biggest percentage of Increase in vis
itors in the past season. In Ki20 there
were zn.vi-., ami in 1U21 it rose to 2S,-
f 17, an Inoioase around 40 per cent.
"Wo intend concentrating on this
park and expect to see it come intj
larger prominence with each succeed
ing year.
"The circuit of national parks is
destined to become a larger and
larger tourist asset and to bring more
and more money Into the territory
where they lie. as tho development ol
highways and tho growth of the habit
of automobile touring continues. We
park people probably know more
about automobiles and what they
mean than anyone else, for we are In
contact witli this touring phenomenon
as Is nnlKidy else. It is only in Its
Infancy and It Is almost beyond imag
ination to try to picture the proKr
tions to which It will grow in future.,
"The habit of visiting national
parks grows. In l!il!) we had a total
of 7r.r.,0lid national nark visitors: In
120, 'il'j.OuO, and In 11121 it has jumped
past I ho million mark, to 1,70I),II00.
All ol this largely automobile travel
When tho railways get back into the
game or carrying tourists, the national
parks will be simply swamped."
SIX KILLED ON COLUMBIA
(Continued from page one.)
TO BIG BM
Tho de-understood
WASHINGTON. Dec. 1
pat-tment of Jusllco was
today to have asked the navy depart
ment to send a destroyer to intercept
the French liner Tnris to bring back
Charles W. .Morse, of . Now York,
whose shipping contracts have been
under Investigation.; Ho was report
ed to have left the country.
It was understood thai a naval de
stroyer would put to sea from a
French, port within a few hours to in
tercept the Paris, which left New
York last Friday.
NKW YOIIIC, Dec. I Joseph Ilour
geols. publicity director of the
French line, today confirmed reports
that Charles W. Morse, whose shin-
ping contracts are said to be under
investigation by federal authorities,
sailed for Havre. France, last Friday
on me oner rails. He said he was
at the gangway of the steamer and
personally examined the passports,
which had been Issued to Mr. Morse.
UPHELD BYKDZER
W. P. Haw-ley. Oregon City's weal
thy paper mill magnate, who was re
cently in-rested by J. J. McMahon
for speeding within llo- city limits of
Ashland and fined by WV 11. Gowdy,
justice of the peace, J20 therefor,
threatened to have ine governor and
secretary of state remove MeMahon
from office because of the latter's ac
tion in arresting Hawley. Justice of
the Peace Gowdy has received from
Secretary of Stale Sam A. Kozer the
following letter in regard to his and
McMahon's actions in tile ease:
".My dear Judge:
"i have for at knowledgement yours
of tho 20th, referring to the arrest of
W. P. Hawley for speeding Inside the
city limits of Ashland, and have care
fully noted the statements which your
letter contains relative to the actions
of said Hawley following his arrest
by Inspector J. .1. McMahon. of the
department traffic force, and I desire
to lhank you for your interest.
"The traffic officers of the depart
ment are under no restrictions what
soever. They are to discharge their
duties, regardless of whom it may af
fect, and 1 am rather surprised that
statements of the character as out
lined in your letter should be made by
any motor vehicle owners. So far as
I know. Inspector McMahon's services
have been entirely satisfactory. He
is on the job and Is entitled to con
siderable credit for the manner in
which traffic Is now being regulated
In the southern part of the state. Ho
Is co-operating with the local offi
cers, and J have had no complaints
whatever regarding his attitude to
ward Hie public and the manner in
whit h he conducts his work. It is
pleasing In note that you, as nn of
ficer, arc standing back of him, and
I want to express my appreciation of
your co-operation in bringing about a
better condition as relates to the oper-
ilion of motor vehicles throiurliout
Hie state.
"Very Truly Yours,
"SAM A. KOZKI!,
"Secretary of State."
u
GOOD SITE HIGH
S
IHU,
The board of education through ac-1
Quiring several parcels tf land the;
past year now possesses a good site
ot 10 vL. acres for a new high school !
building plant facing on West Sec-
(nd street, whenever the time comes j
to build such a structure. This land ;
is somewhat broken up and separated, 1
r-ut will provide an excellent site for
the new high school under the group
plan of a number of buildings close J
together. i
First the board purchased the old j
baseball park of -1 Vi acres off West !
Second street of Court Hall for $l,-
Hon, and converted it into an ath
letic field lor present use. Then the
board purchased two acres lying west
between the athletic field and Wood
stock street, of the City of Medfnrd
for $1,000, to be paid for in ten an
nual payments.
Then only recently came the last
real estate transaction when the City
cf Medford deeded four acres of land
lying west of the last previous pur
chase and facing West Second street,
for a consideration of $ 1,000.
WAR LOOMS FOR IRELAND
BRAND
NEW
TODAY!
A
6 t"
-
t
F L If C
1 eft AAfV Stftt
HOOT
GIBSON
(Continued from Page One)
which being those where foreigners
reside. The new Iiristol was the
first of theso hostelrles to bo as
saulted. Its great doors were batter
ed down, thus permitting the criv.ls
to pour through the building. They
began to break windows, some of
which were as high us tho third floor
and to hurl bedding and furniture to
the mob crowded into tin; street bo-low.
SAN FRANCISCO, Dec. 1. Four
seamen came ashore' safely from the
destroyer DeLong which went ashore
early today on tho rocks a mile and a
half south of llalfmoon Hay, Cal. F.arly
in the afternoon the engineroom flood
ed and the destroyer swung broadside
against (lie sluire and began to pound
badly, according to reports from the
scene.
The officers and crew number about
100 men. The oil tanks also began to
empty into the engine room, it was
reported. Several destroyers and tugs
stood by but oft account of heavy sea
were unable to get a line to the- De
Long.
FOCH HERE FRIDAY MORNING
(Contlmiod fron. rage un)
seeing trip and was to inspect thou
sands ot Portland school children I
who were assigned places along his:
route. A luncheon at a chalet on the !
Columbia river highway, a banquet'
at (i:X0 and. a mass meeting tonight!
at the armory were features of the I
day's program of entertainment. The
marshal and his party will leave to
night in their special train for San
Frnncisco. 1
World's
Standard G-kW
Remedy fbrTwo
fenerations
HI1.U the man. and
HUlfl Cucin
JWMan Bromide Quinine, the
product, have stood tht tut fur over 20
yt&tH. uepend on
C&Q. Always rHI
ble the bsi reme
dy for Cold and La
Grippe,
y w. p. h. c, ptrn gjgjgg y
IIWI1IIHIIIMMIIMI,III - -
HI I I
If I
The big Thrill-a-Minute
Western Feature of
Friendships and Fights,
Love and Laughter.
L jREALT0
SUNDAY TOM MIX in "PRAIRIE TRAILS'
SATURDAY 69c. AFTER SATURDAY $2.00
STANDARD SELF-FILLING FOUNTAIN PEN
One Day Sale in Order to Advertise
THIS CARD IS WORTH $1.31
to vor if vsF.n sati-kday
This Card and 0!) cents will buy one of our Standard Self-Filling
Fountain Pens. Regular Price, $2.00
SATlltDAV ONLY, (life KACH
All Pons (itiarairteed One Year ly the Factory
MEDFORD PHARMACY
On Sale at
the
No. 12.
due in Portland at 11 o'clock
iiillroail offices announced.
I ho following list of injured was
i?lven out by the railroad:
H. J. Fry, Ileppuer. Ore., seriously
Tom Allen, engineer No. 12, slightly
joun iiaruner, engineer No. 17. leg
unison.
Thompson, fireman
seriously.
-Mrs. Victor Terry. Santa Ann r.-il
slightly.
C. F. Foster, Walla Walla, Wash .
lightly.
Harold S. Klrshran. Spokane, sllehi-
ly injured.
Fanny Nenl, Dayton, W.irIi., sllghtiv
Mrs. .Martha Trefz. Walla w.iihi
slightly.
Albert Weitkaiup. Oreenacres Wash
sllithtly.
John II. IVdlgo, Walla Walla, slight
Injured. A. W. Filer, Walla Walla, sllghtiv.
X. C. Freed, (larfleld. Wash., sligiitlv
Allien Oboist. Sherwood. Mr,."
slightly.
Kvorot Thompson, F.eho. Ore . bacl.-
spralned.
V- A. Poo. lone. Wash., slightly,
V. C. Mansfield. Sunnvsl.l,. l"nuh
slightly.
. F. Jarynes. Spokane, shook up.
A. JohtiMin, iKirter. Chlraco. nodi
sprained.
It. F. F.dsom. Minneaoolis Minn
leg sprain.
1 lieodore s. llnholow
'olo.. sllghtiv.
. I., t'olhurn
Mlnturn.
mail clerk, slightly.
Alii Men-haul Marine.
WASH IX, ;!. X. i.,.,.. i ;,.pl.
"l r lYllllsV l;iil:i
MHI .Mnl.ile ,! (,,
henrim: t.ulav l.f,
Olllllis.-ilun express.
riuni.-ii,- p,,. iv,
WASHINGTON. Dec. 1. Secretary
Denby saw late today he had not re
ceived a r.iiu. st fin- a destroyer to In
tercept the steamer Paris and that he
could not take fharh-s W. Morse from
a foreign ship it he were asked lo do
so.
Navy department officials pointed
out that international law prevents
the taking of a passenger from a for
eign ship at sea.
ICC
.0
IE
During the brief wind storm of this
noon a street light was blown down on
West Fourth street near Olson street
in front of iloorg,. Collins" auto as it
was passing l.y, and struck the upper
part of the windshied. shattering it.
.Mr. Collins, who is a linotype operator
on the Mail Tribune staff, received a
nail cut in the right hand.
Also dining this storm the front
door of the Itcv. Cafe was blown shut
so hard that lis plate glass was shat
tered. The wind blew portable things
around lively in jards and on the
streets throughout the city.
The wind blew down five power
imles between Plan-nix and Medio. d.
PHILIPPINES BUTT
INTO ARM PARLEY
win
An Entire New Shipment of Women's Coats
is going on sale Saturday, December 3rd, this sals continuing over Monday,
December 5th. This special lot shipment will arrive Friday in time for the
CHRISTMAS OPENING
Saturday morning,
earlier this season.
In this lot there will be special novelty coats not shown
Any garment will be laid away with a cash payment.
No charges for alterations.
Ill 111 TO
lilioads at a
a shipping boaid
wed a willingness to Isatnm take
ntlal conti-ai-ts wiih : Philippine 1
WASH IXCTi iN. !, ,
Asst., iat.-d P,-, , i;.
in-t i.-ati Ul :c.:i;H'!lt i i
no actb.ii
. 1. tlty thej
T-O'-t that the I
nfer-nce dele- I
in o! ing the'
lonnii
IHOI.ll t
Wa
11.-U snipping lues afler
ioo.'i l liompsoii had stale,! t,.,t alone,-
o lt Were a m.-na, e to th ,.. !a joint i,i
ot the American meiehant ma-'"'-" elands ,
I dcparltm at.
mds without railing Into
o- 1 bilippine comniis
hiniMon is rn-itnini 1 In
l"ll of the leeisPitur,
ib!, d today to the
SEE OUR WINDOWS FRIDA Y NIGHT
SHOP EARLY AT THE HUB
OUR SHOE DEPARTMENT WILL SHOW FOR THE CHRISTMAS
OPENING (FRIDAY NIGHT)
Novelties in Women's and Young Ladies' Patent Leather Strap Pumps
and Oxfords, Suede Strap Pumps, Black Satin Pumps and all that is new 1
in dress boots.
Our new Pumps and Oxfords are here. Widths AAA to D
SEE OUR WINDOWS FRIDAY NIGHT
Shop Early at The Hub
inc.