I I. , Medford Mail Tribune The Weather Prediction Rain Maximum yesterday 85.5 Minimum today 35.5 Weather Year Ago Maximum 59 Minimum ...j....... 38 Precipitation -11 Daily Eighteenth Yrar. -. Weekly Fifty-Third Year. MEDFORD, OREGON, FRIDAY, MARCH 30, 1923 NO. 7 GOVERNOR IS OUSTEDFROIVI ' GAME ASS'N Forgot Promise in Appoint v ments Charge, and Accused of Lots of Things Resolu tions Adopted Have Sting Political Love Turns to Hate. SALEM, Oro., March 30. Gov ernor Walter M. Plerco, on being in formed today of the action of the Jackson County Gnnio lrotectivo as , Miclatlon in striking his name from tin) membership rolls of that organi zation as a protest against what the OFHocuition claimed was a violation of a promise to appoint A. L. Hill of Modford to tlio state game commis-j sion said lie luid no recollection of hating mado that promise, and that ho had appointed F. Boy Davis, chair man of the Jackson county democrat ic central committee, as a member of tho game commission because he hud received petitions in behalf of Davis from Klamath and Josephine counties as well as Independent peti tions in favor of Davis from Jack son county. Tlio go ernor had been elected to honorary membership in tho 'Jackson county organization when ho addressed that body in Feb ruary. The Jackson Game Protective as sociation, through their officers and past president In stinging resolutions unanimously adopted, have ousted Governor Walter M- Pierce from the ' life membership In the association, which was voted unanimously at the big banquet of tho association last month at tho Hotel Medford when the; govornor was-tho chief guest of t honor and main speaker. '': This uctlon has been taken by the association because it Is claimed Gov ernor PIoito both ' before and after tho banquet, gave his word to lead ing citizens and members of the as sociation, both republicans and dem ocrats, that ho would appoint tho as sociation's candidate, A. L. Hill, ns the southern Oregon member on the state game commission to succeed Louis Bean of Eugene, whose term had expired; and then turned around later and appointed F. Roy Davis, also of this city. This unexpected action by the governor created a storm of indig nation throughout tho association membership, which is non-partisan on politics; not because Mr. Davis. who is chairman of tile Jackson county democratih committee, Is not well qualified for the position, but owing to the fact that nt the time tho alleged promise was made by the Governor Mr. Davis was not known to have entered tho race. Tho asso ciation has no quarrel with Mr. Davis. Mr. Hill did not want the place. Tho chief executive of the state of Oregon Is charged with failure to keep a "promise, voluntarily made," In tho making of an appointment, which the resolution states, caused "profound regret nnc'i amazement." Ho Is thereby found "guilty of most reprehensible, unpardonable, un sportsmanlike and untrustworthy conduct," not to mention an alleged 'deficiency n both knowledge and practise of manly and honorable dealing." ' The resolutions, a copy of which ' was sent to tho governor aro as fol lows: The following resolution was unani mously adopted at a meeting of the officers and executive board of the Jackson County Game Protective as sociation, held in Medford, Oregon, March 28, 1923 as follows; Whoreas, tho Jackson County Game Protective association, an organiza tion interested In and devoted to the protection, preservation and propaga tion of tho wild life of the state, com- (Continued on page eight) IRAL S FLAYS KLAN. AND I SAN" FRANCISCO, Mar. 30. Rear Admiral Sims, U. S. N retired, speak ing before the English-speaking union here last night, launched a broadside against the Ku Kliix Klan, political farm blocs, Sinn Felners and Mayor James R. Curley of Boston. The ad miral also admitted charges made by his critics that he was "pro-British." "The Ku Klux Klan is the most per nicious, most cowardly bloc," Admiral Sims said. "It assumes the right to Judge, Jury and executioner. Its methods enable bands of criminals to commit murder with comparative im punity behind masks. "But even such an organization, or Governor Promises, Auto Dealers Call Off Gas Tax Vote PORTLAND, Ore., Mar. 30. Representatives of automobile In- terests who had Instituted pro- ceedlnes towards a referendum against a law enacted by the last legislature increasing the tax on gasoline by one cent a gal- Ion yesterday promised Governor Walter M. Pierce that they would abandon the effort. The pledge was made at a con- ference attended by the governor, members of the state highway commission and representatives of the automobile Interests. It was conditioned on a promise by the governor that he would ap- point a committee of five to for- mulate a plan looking to a reduc- Hon of license costs for automo- biles more than three years old. 1 BY HISVICTIM New York Social and Financial Leader Led Double Life Girl in Case Kills Then Ends Own Life Tried to Break Off Alliance. KB WYORK," March 30. Fred erick W. Burnham. 44, a contractor, socially, financially and profession ally prominent, died early today, the victim of a gun in the hands of Miss Ueleno Zolgler, 26, daughter ot well-to-do Riverside drive family, who killed herself after having mortally wounded Burnham in his offices late yesterday. ' The tragedy was believed to havo followed the girl's discovery, ufter a ton-year friendship with Burnham that the contractor was married. Miss Zelgler called at Burnham's office in tho Grand Central terminal yesterday, but he was too busy to see her. She returned two hours later and gained access to tho office, whilo a friend who accompanied her,' Miss Ida Mumhy. waited outside. Miss Zelgler was inside fifteen minutes when H. S. Coxo, the cm Dloye who had admitted her and Miss Murphy heard two shots. Miss Murphy ran away and disappeared. Coxe summoned M. K. Ames of Yonk ers, one of Burnham's superinten dents who had left tho office a short time before. They found Miss Zeigler dead, a pistol wound in her right temple. Burnham was shot In the right tem ple, but was still breathing. He died at a hospital about one o'clock this morning without having regained consciousness. Mrs. Burnham, a , civic leader at Dobhs Ferry, where she and her hus band lived on their estate, Rli'erview Manor, and nn active member of tho Christian Science church there, and tho girl's parents, were notified. Tho story of tho tragedy was re lated by acquaintances of both fami lies. Burnham, they said mot Miss Zeigler about the time of his mar riage, ten years ago. Neither sho nor her family knew of tho marriage. Burnham frequently remained at one of his Manhattan clubs for sovernl days at a time and they accepted his tulo that ho was a bachelor. . Mrs. Zolgler said she had advised 1-Ieleno not to marry him, as sho as serted ho had asked her, because he drank. Recently Burnhnm attempted to discontinue his nffalr with Miss Zeig ler. Ho told men friends that his wife had learned of their relationship and had declared he must renounce either the girl or his family. Ho was said to have made yesterday's ap pointment for tho purpose of discuss ing with the girl tho step ho was about to take. any one attempting minority rule, Is less dangerous," the admiral contin ued, "than one that systematically pol- suus the minds of young men and ignorant voters with hatred of a friendly country." The refusal of Mayor Curley to partici pate in the meeting of the Loyal Coall tlon of Boston recently, when in a tot ter to the secretary of that organlxa- tion Mayor Curley refused to sit upon the same platform with a "Benedict Arnold," was declared by Admiral Sims to be an unwarranted attack upon the society "which has as Its mlpslnn tho promotion of American Ideals." BACHELOR ONG MARRIED SLAIN I'L DL babe' mi$xSi i ruth .((iiiiii,, n " ; Jm??4 . t tn iilfimw: t$r T - ' NEW YORK Boils, weak ankles, and illness have harrassed Babe Ruth for quite some time and last week a suit for $50,000 filed by Miss Delores Dixon added to his troubles. With the Babe in training quarters in the South, however, is Mrs. Ruth and daughter, Dorothy, who lend encourage ment and support to his decision to fight the case in open court. Miss Dixon charges Ruth is the father of the child expected to be born to her in May, and aski t'30,000 for her support. She is an orphan, aged 19, and Mrs. Bnifcaja V. Escoo, was nppointcd her ninrdian for the nurnoses of the suit.- J SELF-DEFENSE IS PLEA MARION, III., March 30. (By tho Associated Press) Tho defense in the Herrln riots trial today continued tho Introduction or testimony regnrd- ine acts of ugm-ession on tlio part oi the armed guards nt tho mine of tho Southern Illinois Coal company im mediately preceding the outbreuk last June which resulted In tho slaying of 25 men. Several of the witnesses described the shooting at tho mine on June 21, when three union miners woro killed. They said they witnessed the shooting from tho tlpplo of anollier mine about a mile away from tho pit owned by W. J. I-estor. Frank Renfrew testified that he had gone "to the top of the tlpplo shortly boforo noon and had soon a crowd of 25 or 80 men moving toward tho LcBtor mine. He said ho heard two or - three volleys of shots fired from the mine and 20 or 30 minutes later scattered shots fired from tho outside. John Baker, a miner living at Crenshaw Crossing, about half a mile from the Lester mlno, said that ho had watched tho men In tho mlno place a gun In a mlno clump concenled behind a bush. Ho testified ho later heard firing and Identified tho sound as coming from a muchlne gun. ST. AUGUSTINE, Fla., March 30. Some thirty initiates In tho Scottlsn Rite, forming a clnss hero In tho 21st and 27th degrees, todny claimed tho distinction of having boon nddrcsscd directly by President Harding. The president last night, accompa nied by Brigadier General Sawyer, slipped quietly away from tho hotel and walked over to tho Scottish Rite temple, where he remained for two hours, witnessing the ceromonlnl and at Its close addressing tho class. Tho addresses to tho class also wero given by General Sawyer and by W. A. Mc Willtams, president ot tho Florida state senate. More golf and moro rest wns the president's program for today. It was considered probnblo that ho would have a few conferences. In cluding one with Attorney General Daugherty. NEW YORK The annual Income from the stock owned by J. D. Roek efeller, Jr., In nine Standard Oil com panies, valued nt 1410, HH", '.)!!, Is estl mated at 111,960,022. LI I . And Illness Faces SOVIET RULES CATHOLIC HEAD SENTENCE HOLDS Death for Zepliak Reduced to Ten Years On Account of Prejudice, But No Mercy for Monsignor Condemned to Die Council Decides. MOSCOW. March 30. (By tho As sociated Press) Tho death sentenco recently imposed on Archbishop Ze pliak head of tho Roman Catholic church In Russia, was commuted to day to ten years imprisonment under strict Isolation. Tho appeal of Vicar General But- chkavttch for clemency was refused. Tho cxccutlvo committee which mot to consider requests for mitigation of tho scntonccs, said in Its decision that both prelates were deserving of tho penalty Imposed by the Moscow court but that commutation was ordered in tho case of the archbishop because a certain element, of, tho Catholic citizens in Russia might exploit tho sontence as being directed against tho priests nnd their religion. The committee said it regarded that tho evidence In tho case of Mon signor Butchkavltch showed his dl roct treasonable connection with an enemy of tho state. Tho decision was signed by Presldont Kalinin and Sec retary Saponoff. It read as follows: "Tho court had fixed the guilt of Citizen Zepliak who had been acting contrary to the interests of the work ing class nnd to tho fundamental gains of tho proletarian revolution. Hy consistently directed action he had mado uso of tho laws which guarantee equality for everyone and froedom of religion. "Thcso actions are very heavy crimes In tho revolutionary republic, which, as before, Is surrounded by numerous enemies. There can not or could not be another penalty except that which wns fixed for Zepliak by tho court. "However, taking into considera tion that Zepliak Is tho representative of such a religion, which at tho time of tho late csarlst government and at tho time of tho bourgeoisie re public wun suppressed, application to him of a penalty very well enrned might he Interpreted by a cortnin backward element of the Cnthollc citizens ot soviet Russia, whose I llglous feelings he tried to exploit and direct, as directed against tho priests and their religion, "We, therefore, na an exception from the penalty policy of the repub lic, have decided to chnngo the sen tence fixed by the rourt to ten years Imprisonment In strict Isolation. "As regards Citizen Butchkavltch, $50,000 Suit DE COLUMBUS, Ohio. March SO. Five persons are known to huvo beon killed nnd ninny wero injured, somo seriously whon a fast Big Four Pull man train, en routo from Boston to Cincinnati, struck an nutomobllo at a grade crossing at tlTe north elty limits today. Tho engine left the tracks and turned over In tho ditch, four Pull man sleepers piling on top ot it. All of tho cars In tho train with tho ex ception of a dining car, loft tho track. Tho train, duo in Cotumuus nt 7:50 o'clock, was moro than an hour- Into and was reported running 05 to 70 miles an hour. It Is one of tho heav iest and flnost trains operated by tho Big Four. Tho automobile was struck at tho Oakland Park avenue crossing, tho wreckage piling up at tho North Broadway crossing. Tho known doad aro: Horace Holbrook, Warren, Ohio, publisher. Karl W. Wilson, fireman, of Co lumbus. J. W. Kleo, fireman of Clovolnnd. Mrs. Frnnk S. Hommlngor of Co lumbus, wlfo of nn attorney, who was driving tho nutomobllo that was struck. Robert Hommlngor, aged 5, hor son. Infant Hommlngor. Rescue workers said that othor dend may bo found In tho wreckage. Kvory availablo ambulanco and doc tor was rushed to tho sceno nnd Boon the Injured woro being received at tho hospitals. COL GREEN BETTER SINCE 'OPERATION NEW YORK, Mar. 30. Colonel Ed ward II. It. Grcon, son of the la to Hetty Green, cruising in Florida wat ers Blnco ho undorwent tho Btolnach "rejuvenation" operation last month, has written friends hore that he Is feeling bolter than he had In flftoon years. It was learned today. First nows of tho operation which was doclared to have beon successful, as published In tho New York Times, declares that Colonel Green spent a week In recuperating. who in criminal activity on the ground of religion, combined with clear counter1 revolutionary notion with a direct connection with an enemy bourgeoisie, and who usod his position as a priest to carry on a (II root nnd nctlvn state trenson, the re quest fur reprieve Is left without con sequences." "Suckers" Pay High Tribute to "Slickers" By Use of Mail WASHINGTON. Mar. 30 As a part of the department of justice ( campaign against the stock swln- dlers begun last November, act- ins Attorney General Seymour has sent Assistant Attorney Gen- eral Crliu to Fort Worth, Texas, to prepare for trial a large num- bor of cases charging mall frauds fr In the selling of oil stocks. Mr. Crim has rejiorted to the depart- ment that "the amount mulcted from tho public at this point (Fort Worth) is not less than $100,000 a day." About 78 cases are pending in the northern Texas district and Mr. Seymour said they would be 4 pressod. The northern Illinois district attorney also has been directed to bring to trial another alleged stock swindling case in Florida 4 everglades lands and this has been assigned for trial in May. - The department's plans when announced Bald that hundreds of swindlers had "filched a total of nearly $150,000,000 from tho pub- Ho through fraudulent use of the malls," with about BOO cases pending throughout tlio country and 900 persons arrested or in- 4 dieted. 'They'd Better Watch Out' Says Shiek When Told of ; Indiana Decision Too Much Notoriety Seeking Wife Also Full of Ire. NEW ORLEANS, March 80. A tolcgram received by Rodolph Valen tino today informing him that an as sistant attorney of Indlnna had ox- nr eased tho bol of that tlio marriages license obtained in iJiko county by Valentino and Winifred Hudnut was lllognl, struck fire, according to the New Orleans States today. 'Wo got tho nows by telegram on tho train from Houston to Now Or leans," tho nowspnpor quoted Valen tino ns saying. "At first I thought It so Idiotic a stntoment that I was going to Ignore It. But I've been get ting angrier and angrier as I havo thought of It. 'They'd bettor watch out tney re gottlng near tho dnnger point in this persecution of my wlfo and mo." Valentino said ha nati piacea me matter in tho hands of his attorney, A. B. Qrahnm of New York. After going Into details concerning tho socuring of the license In Lake county, Valentino declared two Judges ono assistant district uttornoy and a lawyer told him tho Indiana mar rluge was legal. "They ought to know their busi ness, ought'nt they?" ho continued. "Whnt aro wo going to do about It? Nothing. Wo nro legally married. Sumo notoriety socking fool boooing up nnd snylng wo'ro not doesn t make any difference, does It?" Miss Hudnut was equally run oi Iro. French Approve Iicttcr. . PARIS, March 30. (By tho Asso ciated Press) Tho French govorn mont today approved tho lottor drawn up by tho nlllod delegates In London in reply to the Turkish coun tor proposals in tho Lausanne draft treaty. Tho nlllod reply which admits of tho resumption of tho negotiations begun at Ijausunno, now will bo dls pntehed to the AnKora government. L RODOLPH MAD ABOUT SECOND WEDDING MUSS SWEET, AND NOTHING FOR BLACKMAIL NEW YORK, March 30. J. Koars ley Mitcholl of Philadelphia was nov or worried about being blackmailed because of lottors ho had written Dorothy Keonan, slain modol, his at torney, Nollion Olcott, today told re porters. Mr. Olcott mado this assertion in a statement issuod after ho had called Upon District Attorney Ilanton and had been closoted with him for some time. His statement followed a po llre announcement that examination of loiters left by Miss Koenan in her sufo doposlt box, whilo indicating sho had many wealthy admirers, were not of a nature to afford basis for black mail. Tho district attorney's office has been working on the- theory that the API AMP uni Lnuuu ififiii PROTESTED 401 Ranch Leased By Cali fornia Japs Report, Take Charge April 1 Local Elks Back Up Legion in Legal . Fight Other Bodies , to Take Action. There was considerable quiot. in dignation expressed on the streets today and yesterday when it became rumored that the Sacramento Invest ment company of Sacramento, Calif., ownors of tho large 401 Orchard, was going to supplant the present large force of employes ot that or chard with is large annual payroll with a force of '40 Japanese laborers. The facts of the matter as near as can bo learned are that the secretary of the company arrived here this week and notified Ben Moller, super- ." iutendent of the orchard, and all or the other presont employes, said to number 21, to cease their services at tho close of the month tomorrow, . when they will bo supplanted hy a crew of Japanese, numbering 40 men, . who have taken a lease, it is claimed, on tho orchard, and will, operate it on and after April 1st. This Jap crew Is understood to be on the way here hy automobile from . California. On receipt of this news the execu tive committee of the American Le gion post of Medford convened in ex ecutive session yesterday afternoon,. apprised the state American Legion , hoadquartors at Portland ana uoy ernor Piorce at Salem of the matter, by wire, and took action to at once , notify the business and fraternal or- . ganlzations of tho city and city offi- ; clals. This morning a wire was received from the state American Legion headquarters advising the local post to use all honorable and legal meth ods to prevent the taking over of tho 4 01 orchard by the Japs as report ed, and stating thnt in so doing the post would have the unanimous and hearty moral and financial support ( of the state legion. . . The local Elks lodge last night af- ter a short discussion ot tho subject unanimously adopted a resolution against the reported coming of the body of Japanese laborers, and to bringing any moro Japs here. It is understood that the mayor . and city council will take action on the matter- at the council meeting next Tuesday night, and also tho Chamber of Commerce and othor business, social and fratornal bodies, ns fast as. they meet in regular ses sion. SLAY HIS. ME LOS ANGELES, Mnrch 29. How ard Boohmo, 40, shot his wife, Olllo, 33, In tho breast, then killed himself by firing a bullet through his head In tho presenco of sovoral hundroa persons nt Fourth and Main streets this aftornoon. Tho womnn was taken to tho recolvlng hospital In a serious condition. J. R- Tallcy, 63, ot Lankoishlm, Cal., was wounded by n stray bullet. girl was slain by a ring after she had refused to aid them in blackmalnlng her men friends. "Mr. Mltchetl," said Mr. Olcott, "never gave a thought to tho letters ho had sent to the girl. To my knowlodgo ho had novor dlBcusaoa them with John H. Jackson, his con fidential attorney and had nover con sidered them as a source ot danger or scandal. They woro signed by a fictitious name, and excopt for aftoc tlonate salutations and endings, con tained nothing, to my knowledge, which might have beon used against Mr. Mitchell. "The theory that Mr. Jackson ac companied Mr. Mitcholl to Miss Keo nan's apartment soveral hours before the murder in order to recover Mr, Mitchell's letters Is absurd." CROWD SEES HE ETTERS TO DOROM NOT