M
The Weather
Prediction: Fair and Warmer
Maximum yesterday 100'2
Minimum today aa
EDFOR
- Weather Vear Age
Maximum ...... 95
Minimum 51
Oally Seventeenth Tear.
Weekly Klfty-Beoond Tear.
MEDFORD, OREGON, TIlUliSDAY, JULY (i, 1922
NO. 90
STATE TO
riiMnn fll
A TT ' P"r& TITBIT TTk Tim-
D
IMAUU J. JK1JD U 1 Hi
PfiGSECUTE
NIGHT RIDER
PROSECUTION
IS ORDERED
Governor Olcott, On Advise of
U. S- Government. Instructs
Attorney General to Take
Charge of Cases in Jackson
County Government to
Assist Call Grand Jury.
SALEM, Ore., July 0. Following
an extensive investigation by the
United States government Into alleg
ed outrages committed by night mobs
in Jackson county a number of
months ago, and advices to Governor
Olcott from United States Attorney
General H. M. Daugherty that no fed
eral statutes would apply to the
crimes committed but such crimes
essentially must be prosecuted in the
state courts, Governor Olcott today
forwarded to Attorney General Van
Winkle of Oregon a direction' for his
office to take charge of the cases in
Jackson county and push prosecution
on them. So far local officers in
Jackson county have failed to act.
In advising Governor Olcott that
federal statutes would not apply but
prosecutions must be conducted In
the state courts, United States At
torney General Daugherty, however,
& extended to the state of Oregon every
assurance of cooperation and assist
ance. """-",''.'""'
In a telegram to Governor Olcott
under date of May 17, Attorney Gen
eral Daugherty .said:
"Referring to your telegram
yesterday, prosecution would lie
in state courts. This depart
ment will offer every possible
assistance including mass of in
formation on local conditions',
also general organization tac
tics, etc. Data on local situa
tion Medford and Portland being
compiled here and will be for
warded promptly. Should you
desire assistance this depart
ment in preparation of evidence
please wire me and instructions
will issue immediately."
. In a subsequent letter under date
of May 20, In which the federal gov
ernment turned over to the state all
the data it had secured through
weeks of Investigation through Its
secret service department, Attorney
General Daugherty further wrote
, Governor Olcott as follows:
"In responso to your tele
grams, 1 have had prepared, for
your confidential use, and have
the honor to transmit herewith,
a summary of all of the inform
atlon In the possession of this
department, covering the activi
ties of the Ku Klux Klan in the
state of Oregon. I shall take
pleasure in transmitting to you
any additional Information . re
ceived from time to time and
sincerely trust that, in the event
this department can be of any
, assistance whatever, you will so
indicate to me. I assure you we
will cooperate with you in every
possible way."
As a result of the evidence submit
ted through the federal government's
investigation and from other sources,
Governor Olcott sent the following
letter of direction to Attorney Gen
1 eral Van Winkle:
"In compliance with the pro
visions of law of the state of
Oregon I hereby direct you to at
tend in person or by one of your
assistants the present term of
the circuit court of the state of
(Continued on page eight!
KIRBY AND RATHIE
CELLS, AWAIT
SALEM, Ore., July 6. Elvle D.
Klrby, alias Jim Owens, and John L.
Rathle were waiting today in their
death cells, realizing that they must
nang at an early hour tomorrow, un
ess they get an eleventh hour re
prieve. Klrby and Rathle are to be exe
cuted for the part they played In the
murder of Sheriff Til Taylor of Uma
tilla county on July 25, 1920, when
he)', together with Nell Hart, Floyd
Henry Ford Offers
To Haul Coal for
Detroit Industries
DETROIT. Mich., July 6.
my the Associated Press.)
Henry Ford has offered to lease
that part of the Louisville and
.Nashville railroad extending be
tween Dannerfork and Corbln,
k'., and from Corbln to Cincin-
natl und operate it with the
present force of railway em-
ployes "in order that coal may
ne moved to Detroit.
It became known Mr. Ford
made the offer to tho president
of the Louisville and Nashville
after the railroad company had
informed him it was unablo to
move 8,000 cars of coal con-
signed to Detroit industries be-
i- cause of labor troubles.
HALL RECOUNT
DEMAND FILED,
ED
Defeated Candidate Charges
Illegal Voting in 500 Pre
cincts, Miscounts in 500
More Jackson County In
cluded in List of Suspects.
SALEM,' Ore., -July C. Governor
Olcott had no announcement to make
today regarding the course he would
puraue in the- matter of the petition
filed by Charles Hull, defeated can
didate for the republican gubernato
rial nomination in the recent primary
election, asking a recount of the
votes cast in certain precincts in Hi
Oregon counties on the ground of
illegal voting.
Jay Bowcrman, of Portland and
Itoy Shields, of Salem, are acting as
attorneys for Governor Olcott.
Charles Hall, through R. R. Coster,
secretary of the Public Defense
league, as nominal complainant, has
filed the long expected demand for a
recount of tho primary vote on the
governor in the Marion county circuit
courtx
In his petition, which is, filed
Marion county because that Is the
county In which the contestce, Ren
Olcott, resides, it is set up that there
hns been miscounts of the vote cast
for governor In some BOO precincts of
tho state, while it is also alleged thai
there has been Illegal voting by Illegal
voters in some 500 other precincts of
the various counties.
Wants Boxes 'Opened,
It is demanded that the ballot
boxes be opened In about 500 of the
precincts in order that the alleged
Irregularities may be checked.
It is the contention of the tho com
plaint that the recount, when held
will show a gain of from 2000 to
2.100 votes in favor of 'Hall and
against Olcott.
The complaint alleges no fraud ox
cent in a relatively few precincts,
some 50 In all. and all of them are
located In Multnomah county and in
Marion, the principal one there being
the Mount Angel precinct.
It is the Hull contention that the
alleged errors are those of fart and
law on the part of the election
indires and clerks, such as counting
voles written for Olcott on the Demo
cratlc ballot on the Republican tally
sheet.
Kight Not Affected.
The eight counties In which no Ir
regularities are charged are Curry.
Josephine. Lane, Umatilla, Wallowa.
Tillamook, Douglas and Yamhill.
Specified precincts in all other coun
ties of the state come within the alle
gations of the complaint.
The official count of tho Olcott
Hall vote, gave Olcott a plurality of
521.
SIT IN DEATH
HANGING T
Henderson and Irvine L. Stoop, es
caped from the Umatilla county jail
and in so doing fatally wounded
Sheriff Taylor.
Taylor was shot by Hart, whoso
real name was Emmett Bancroft. He
was hanged December 3, 1920. Hen
derson and Stoop are serving life
sentences In the state prison. The
five men were captured by a posse at
Toll Gate In the Blue mountains, af
ter a man hunt of several days follow
ing the killing of the sheriff. I
FRAUD CLAIM
QMORROW
Union
Officers of tho United Mine Work
ers of the Horrin district shown from
left to right; are, A. T. Pace, and
Hugh Willis, members of the board:
Alleged Declaration By" Great
Emancipator Opposing Dry
Laws Admitted Fake By
Anti-Prohibition Director
Merely Campaign Swindle.
CHICAGO, July 6. Denial that
Abraham Lincoln had once declared
himself as opposed to prohibition was
made here today by the Rev. Duncan
C. Milner, associate minister of the
Presbyterian church, a Civil war vet
eran and chaplain of the Loyal Le
gion. In a statement Intended to refute
the statement of "certain wet or
ganizations, that the Immortal Lin
coln had ever lent a hint of approval
to the liquor traffic," Dr. Milner
made public an affidavit signed by
three nationally known men setting
forth that an alleged quotation from
Lincoln which was used In a local
option campaign In Georgia in 1887,
was an admitted fraud.
The following is the affidavit:
"That the Rev. Sam Jones, Henry
W. Grady, this affiant, (Rev. Sam
Small) and many other speakers
then openly denounced the purported
words of Abraham Lincoln to be a
flagrant forgery, defied discovery of
them In any recorded utterances by
Lincoln. and offered a reward for
proof of their genuineness, but no
one produced any such proof.
"That Borne time after the excite
ment of the campaign had disappear
ed, this affiant in conversation with
Colonel John B. Goodwin, who had
been the director of the anti-prohibition
forces In said campaign was
told by Colonel Goodwin that he him
self devised the circular In question,
composed the alleged words of Lin
coln so as to attract the adhesion of
the colored voters and had done so
as to win them was the forlorn hope
of the 'wets,' the county at that time
being under prohibition law."
The words credited to Lincoln but
since admitted to be those of another
were":
"Prohibition will work great In
jury to the cause of temperance. It
is a species of Intemperance itself for
it goes beyond the bounds of reason
in that It attempts to control man's
appetite by legislation and In making
crime out of things that are not
crimes. '
"A prohibitory law strikes a blow
at the very principles on wblch our
government was founded. I have al
ways been found laboring to protect
the weaker classes from the stronger
and I can never give my consent to
such a law as you propose to enact.
Until my tongue be silenced In death
I will continue to fight for the rights
of man," - i
LINCOLN SWORD
ON PROHIBITION
RANK FORGERY
Officers of Hernn
F. C. Hushes, Vice President: Wil
liam CI. Davis, Secretary. Seated
are Fred Cooper and Senator William
J. Sliced. Insert. William J. locator.
HEADS UNITED STATES
RAILROAD ADMINISTRATION
James C. Davis as director general
of the railroads of the United States
has one of the really big jobs in Uncle
Sam's service and settles disputes aris
ing out of federal control and has the
authority at any time' to make com
plete inspection of railroad systems.
American
NEW YORK, July 6. Babe Ruth
today knocked out his fourteenth
home run of the season, when In the
third Inning of the game against
Cleveland ho sent In three men ahead
of him with a circuit clout.
Second game n. II. E.
Cleveland 3 8 2
New York 11 14 0
Latteries: Chaute and O'Neill;
Shawkey and Hoffman.
First game R. II.
Cleveland 3 10
New York 10 13
Batteries: Mails, Hagby and
O'Neill; Bush and Hoffman.
At Philadelphia R. H. E.
Chicago 1... 9 16 4
Philadelphia, G 7 0
Batteries: Scupp, Hodge and
Schalk; Ilelmach, Yarrison and Per
kins.
St. Louis-Boston games postponed;
wet grounds.
National
At Pittsburg R. H. E.
New York 6 11 0
nttsburg I 3 5 1
Batteries: (Nehf and Smith, Sny
der; Adams, Cooper ahd Gooch.
Still Going Down
NEW YORK, July 6. The price of
German marks which has been on the
toboggan for several weeks fell today
to a new low record. One hundred
mar,ks were quoted in this market at
between 22 and 22 cents. The nor
mal, or pre-war price of marks was
23.8 cents each.
District
President of the Herrln Mino Com
pany, was turned back when 20 miles
from Horrin. Ills relatives and
friends were among the massacred
men.
SUBWAY TRAIN
CATCHES FIRE,
E
Spectacular Accident Occurs
in New York Subway When
Express Catches Fire
Fuse Blows Out Mayor
Hylan Directs Rescue Work
NEW YORK, July C. (By tho As
sociated PrcsB) About 150 pursons
were overcome by smoke today when
a northbound Jerome express caught
flro near Lexington avenuo and 61st
struct. Dozens of ambulances were
summoned from neurly every hos
pital in tho city and Mayor Uylan ar
rived to direct the rescue work.
Tho accident occurred about 75
feet underground.
The fire started in the motormnn's
box after a fuse had blown out.
There was .a flash of flame and the
umok'o swept through the crowded
train. When the emergency brakes
were applied nnd tho train came to a
grinding halt, guards threw open the
doors and tho passengers made a mad
scramble to escape. Those unable to
walk were carried from the cars to
the 50th street station." Fire ladders
also were dropped through iron grat
ings at 61st street and unconscious
women lifted to tho street. A tempor
ary hospital was organized and 14
pulmotors were put Into operation.
The crowd of spectators soon became
so dense that police reservos had to
be, rushed to the scone.
Fire lOxtingnlNlicd.
Men, womon and children filled
the ten car train. (limi-ris attempted
to fight the flames with and extin
guishers, but failed. When tho fire
men arrived, however, they soon suc
ceeded in quelling the blaze, which
In Itself was small. Many of the
firefighters Wfjro overcome.
llcsides tho doctors who hastened
to tho sreno In ombulances, many
other physicians Jumped into taxi
cabs, in many cases bringing their of
fice nurses with them. ''
, Hloomingdale's department storo
at 51th stroet nnd Lexington avenue
promptly organized a fire brigade of
76 employes, who dashed into the
subway to aid in tho rescue' work.
Tho Htore's drug department was
raided for supplies and pulmotors.
Many firemen were overcome us they
tried to descend the subway Bteps.
Members of the rescue squad donned
their gun masks to attack the flames.
Mayor Hylan, one of the first city
officials to arrive, was driven back
by tho fumes when ho attempted to
enter the subway. He directed thnt
experts be summoned from the fire
department and the department of
water supply, gas and electricity to
make a thorough investigation of the
blaze.
Patrolman Frederick Norman took
charge of the train when It .halted.
Ho commanded the pnssengers to re
main quiet. Then he dirocted the
guards to open the doors and began
dragging half conscious men and
women from tho train.
Then, he too collapsed nnd had to
be lifted to tho street, but was re
vived soon.
1 50 0VERC0N1
Governor Olcott to
Visit Medford On
Highway Inspection
PORTLAND, Ore., July John
11. Yoon and W. U. Hurrett, state
highway commissioners, with
Governor Hen W. Olcott and fed-
eral officers of tho highway Her-
vice, started today over the Pa-
clfic highway on inspection of
tho state road system. It. A.
Booth, third member of the com-
mission, will Join them at Eugeuo.
A tour of all districts Is con-
tomplatod. The party will go to
Crescent City, Ca! to attend the
Inter-state road mooting sched-
uled for Monday. Grunts Puss.
I Medford, Klamath Fulls, Lake-
View, Hums und Ontario lire In
the itinerary following tho Ores-
cent City visit. A conference will
be hold at Ontario with state of-
ficials of Idaho regarding a
bridge over the Snake river.
staie mm
Prominent Pioneer and Deeply
Beloved Citizen of Jackson
County Succumbs to Opera
tion Had Long and Dis
tinguished Career.
Hugo G. A. von der Hellon, for many
years prominently identified with the
lKiIiticiil and educational life of Oregon
and one of her most widely known and
beloved citlzons died at the Portland
Surgical hospital at Portland Wednes
day night at !:30 o'clock, following un
operation from which he nover fully
rallied.
The funeral services will be held
from the Elks Temple tomorrow after
noon at 2:30 o'clock, and the body will
arrive in the morning. The Rov. W.
II. Hamilton will deliver the funeral
oration.
Hundreds of Bouthern Oregon people
who knew the departed, will feel a
tinge of sorrow at the passing of a
charming gentlomnn of tho old school
whom they knew 'affectionately as
"Senator." The end was not unexpect
ed, owing to the seriousness of the last
Illness, coupled with advanced years.
Senator von der Hellen was born at
Kiel, Denmark, September 8, 1846, and
was In the seventy-fifth year. Ills busy
career took him to many lands. Edit
cnted in the schools nnd university of
his home town, at 17 he went to India,
whore he was engaged for 18 years In
the rice exporting business. At Ran
goon, India, ho served with distinction
in the diplomatic service.
At the age of 35 years he moved to
England, following the export and Im
port business, nnd after two years
moved to Germany. In 1888 he came
to Florldn, and tho following year he
came to Southern Oregon, purchasing
a farm at Wellen, this county. Ho was
charter member of the Medford
lodge of Elks.
Later ho entered the field of local
politics and served one term In the
house of representatives, and two
terms in the state senate. At various
times his name was mentioned for
governor, and during his legislative
career Senator von der Hellen was
Instrumental In securing the passage
of bills thnt were the forerunner of the
present highways and good roads. Ho
(Continued on page eight)
T FIR
VON DER HELLEN
DIE
PORTLAND
STATE AGAIN BEYOND CONTROL
OLYMPIA, Wash., July 6. An
other sultry day with northeasterly
winds rising has Increased tho forest
fire hizard throughout tho state und
slow f,,es ore blazing up everywhere,
according to information received nt
tho office of State Forester Fred E.
Papo today. Reports are meager.
but the general condition is declared
to be very serious.
The situation in Skagit and What
com counties Is declared to be almo'it
beyond control, the winds whipping
the flnmes in all directions. Loggers
In that country hnvo signified their
Intention of following tho suggestion
of Governor Hart to cease activities
STRIKERS IN
CONTROL OF
ALTON SHOP
Strike Breakers Cleared Out of
' Slater, Missouri, Without
Violence Trouble Certain,
However, if Strike Breakers
Are Sent BackGovernor
of State Appealed to.
SLATER, Mo., July C (By the
Associated Press.) Rnilroad offi
cials today awaited word from Gov
ernor A. M. Hyde before making
further pluns for reopening the Chi
cago and Alton Bhops here, from
which a crowd of more than 500
strikers drove 18 strikebreakers yes
terday. After the strikers had cleared tho
town of strikebreakers, had drawn
a dead line around the shops beyond
which strangers were not allowed to
pass, and had established guard posts
at various points, they settled down
to a policy of watchful waiting.
Union chiefs and town officials are
one in declaring they expect no
trouble if the railroad does not at
tempt to import strikebreakers.'
Eighteen strikebreakers were taken
from tho shops late yesterday in au
tomobiles to the edge of town and
told to "beat It and keep going." Ten
more who escaped by hiding In' a
foreman's car In the yards, Were plac
ed on n Chicago train ' last night.
Trains going through Slater were
watched carefully by a crowd pf 150
strikers who took command of the
railroad station and searched the
trains to be sure they carried no
strikebreakers.
Won't Permit Strikebreakers
Tho strikers say they want no vio
lence and do not expect to have an v.
They are frank to admit, however.
mat mey ao not Intond to permit the
opening of the railroad Bhops with
outsldo labor.
Railroad men control the local
government and furnish most of the
subsistence of the -town of which the
chicr Industry Is the railroad shops.
Tho mayor, a clerk In the shops, says
he has not heard of any violonde. The
only urrest has been that of a strike
breaker who was later released by
union men and told to leave town
after being hold In jail for four
hours.
Tho Bhorlff of Saline county, John
Logsdon, agrees with local officials
In discounting the probability of any
troublo developing. Ho spont only
half an hour here last night, then
went to his home In Marshall. His
forco consists of two" deputies and,
one office assistant. Acting on tele
phonic advice of Governor Hyde last
night, he endeavored to enlist a small
forco of deputies, but declared he was
unablo to find any persons willing to
servo. ;
Govornor Hyde appealed to yester
day by railroad officials tor 100 sol
diers to be used as guards, indicated
last night ho did not consider the
s'.tuutlon warranted the use of
troops.
Signal Men Not to Go
CHICACIO, July 6. Sevoral rail
roads onterlng Chicago today re
ported that a majority of the men
were still out on strike. Officials of
a number of roads announced that
after July 10 the men who do not re
turn to work would lose all seniority
(Continued on page eight) '
until rnln falls and It Is tho desire of
many of the 'leading operators to
make closing compulsory according
to word from there today. The first
fire In the storm zone of the Olym
pic national forest was reported to
Supervisor R. L. Frommc today. The
blaze started along the Qt'eets river
just outside tho federal forest, but It
was threatening green timber and
federal men Immediately brought It
under control.
Reports from the Duckabush fire
In the national forest say that the
blaze Is now under control with about
70 men working, in short shifts to
keep the flames from spreading.