Medford mail tribune. (Medford, Or.) 1909-1989, January 12, 1924, Image 1

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Medford mail tribune., January 12, 1924, Page 1, Image 1

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Newspaper Page Texttnlvcislty Library Xb M The Weather prediction Fair Maximum yesterday 40 Minimum today SS ebfoed Mail Tribune Weather Year Ago Maximum 43 Minimum . 32- nuy Eighteenth Tear. S&klr Fifty-Third IH MEDFORD, OREGON, SATURDAY, JANUARY 12, 1921 NO. . 250 PROHIS LOSE DECISION IN LABBE CASE Search Warrant Used in Raid On Prominent Portland Resi dent Declared Illegal By Judge Who Issued It Liquor, Held, However, As Being Contraband. ' PORTLAND, Ore., Jan. 12. Tho Bcarch warrant under which state pro hibition agents on New Year's night raided the home of A. G. Labbe, was today declared illegal by District Judge Martin W: HawklnB on the ground that the warrant was issued on an anonymous tip. Judge Hawkins at the same time decided that two bottles of liquor seized in the raid should be , turned over to the constable as contra band. Labbe's attorneys bad attacked the iMltv of the search warrant and hod demanded that the liquor be restored to Labbe. , The hearing In district court this week attracted wide atten-l lion because of the fact that this was the first case in which dry agents ln Portland had raided the home of a prominent resident Labbe is prcsl-; dent of the Willamette Iron and Steel Works, and the raid was made while a New Year's party was In progress at his home i . ' ' . liio stimuli wauaui .vos issueu uy Judge Hawkins himself on application of State Prohibition Enforcement Of ficer George L. Cleaver. In his ruling Judge Hawkins said: ' "In the exercise of their great pow ers courts have' na higher duty to per form than those Involving the protec tion of the citizen in the rights guar anteed him by. tho .constitution. "And, If, at any time the protection of those rights Bhould delay or even defeat the ends of justice in a particu lar case. It is better for the public good that this should happen than that a great constitutional mandate should be abused and set aside.. "In applying this principle we rec ognize no distinction between the rich and the poor. "The laws of our state provide that in case the grounds for Issuance of the warrant be contravertnd. nnd the court finds at the hearing that the prnbablo cause did not exist, t-ir the IsBiianco of the warrant the 'magistrate must cause the property to be restored." The court, explained however, thnt the property is not tn be restored it definable as contraband and under that uKrureiaufin 01 tne ibw, oiuw.eu "" liquor destroyed PENDLETON. Oru.. Jan. 1 Holna Rnfnlv. hrnimht hero recently from Portland on a bad check charge, arraigned yesterday In tho jus - court ana was ncm .... - hearing this afternoon. Mrs. Safely to charged with having passed some T0 worth of valueless chocks here a wok 0Bo. while nosing as a nurso about to ko nut on n case. ' Mrs. gafely a wanted In Seattle on a alnillar charge. Randitd Capture Junks. SHANGHAI. Jan. 12. (By the As "ociated Press) Bandits have seiz d four Junks loaded with wood and - juiiks iububq wiiii oil. belonging to the American firm PENDLETON GIRL IS HELD FOR FORGERY u. Gillespie sonB, on 1110 un- . ' . scttled by the annew . river and are holding them on has i been tne Port 'or a ransom of $16,000. The seizure tion of Flume o .81aVa. with ' reported to have taken place about Barros del a common admlnls- M miles below! Wanhseln, province both ports na s ?L5huan. tratlon. . I FRIRN FARMS IN PLACE BAN FRANCISCO, Jan. 12. Thej American Legion In California "stands ready to send ex-service men to every 'arm n California that would suffer ""Ugh the departure of Japanese '"m workers," Morgan Keaton state Wiutant of the organization said today. minion dollar corporation l f 0 formed in the state to assist Japanese and tholr American friends "-"'ding the anti-alien land act, "alon said. Mysterious Disease in California Town; Doctors Are Baffled SACRAMENTO, Oil.. Jan. 12. Announcement that the stato r board of hantth Vtar i , a - -. imu 1IIIICIUU Ull T Investigation of a mysterious dl- wmcn is reported to have made its appearance in Santa Ana was made hero today by Dr. Walter M. Dlcklo, secretary and executive officer of tho board. Reports reaching tho state health authorities here stated that between 2000 and three thousand persons have been stricken with the disease in a short time, although so far as known thero have been no fatal- ltlcs. Tho disease causes nausea. 4. .1. TO DISARM AS G MARION, 111., Jan. 12. (Dy Asso ciated Press). Stato militiamen sta tioned at Marion and Hcrrin follow- lmJ tho request ' Sheriff George Galligan to Adjutant General Black to send aid in maintaining "protec tion of lifo and property," in the re cent trouble arising from liquor raids of tho last few weeks, have settled down for an indefinite stay In Wil liamson county, according to tholr officers. Three peace conferences held wlth- in the last few days apparently have accomplished little, according to 8tatements by Sheriff Galligan and Sam Stearns, exalted cyclops of the K . . ... .,,,,, alleged to havo played a considerable part in the raids. Stearns said last night he did not expect "any volun- 1 tecr disarmament of the klan inas- 1 much as they expect trouble." j -Victor L. Armltage. federal prohibi- ' tion enforcement officer, who, it is . alleged, deputized S. Glenn Young, j dry worker, permitting him to make ! raids in the county, Is to meet W. II. Anderson, Chicago, division chief of fe'deral prohibition enforcement, In EaHt St. Louis today to explain the entire situation. ( When questioned as to the where- abouts of Young, who is reported 1 missing Armltage declined to mako any statement. SALEM, Ore.. Jan. 12. C. I. Lewis. i I tUn rfnrrtn fii-nHim-a' Cn- .iinn and assistant mmBf,eT of the as80cation for four .. prior t0 going to Chicago to be- come managing editor of the American Fruit Grower .two years ago, died at his home in that city today, according tn wird received at the ortises of the Giowors' association this afternoon. For fourteen years Mr. lewis was chief of the division of horticulture of Oregon Agricultural college and It was while engaged in this capacity that he became Interested In the organization nf o nnjitwrative sales agency to han dle tho products of fruit growers In .ntA Largely througn nis enurm I thg 0regon Growers' association was , anlle( ana be resigned his position college to become assistant at .the "BBe 10 general manager. Cardiff. Mr. Ifvl was Jj hi Cardiff Wales. April 12. 180; nnfl cam mis i,oit was a graduate o n. " Bos- ....... , .,ii,.r., Amherst runlversuy and received his M.H.S. degree at Cornell. Flumo Question Settled. ROME, Jan. 12-Today's news- nnhllsh telegrams irui Pa' JX'ert the Flume qucs- OFFERS TO OF JAPANESE LABOR . .. nno Ann cor- The purpose of tne ... ' . Uon noratUm. Becoming. . - ,nnttn(,e. frm,"nnCN! w o San Francisco. Is American .Ne a, flirm. .., render iu ., i farm Ine industry by "n""" .,nflirtner lands and 1r to the Japanese financial as" , ,tatement farmers in by Keaton said. hJ Japa. yThe paper, he adds, . ne!,e VhLd?r to the Pi"". Uonuccessfui, , KLAN REFUSES TENSION ROWS DDnrcocnD i n iq T HI LuuUi LLillu -..snw MATCH W1H flRFO PUBLIC SERVICE COMMON ASKS NEW LAW State Commission Urges Ore gon Delegation to Work for Laws Giving Them More " Power to Regulate Rates Within the State. SALEM, Ore., Jan. 12. Acting upon concerted action arranged at the recent convention of state rail road and utility commissions at Mi ami, Fla., the Oregon public service commission today addressed a letter to the Oregon delegation In congress urging that it use its influence for legislation t'v'it would give greater power to the state commission and in some respects curtnil tho power of the intcr-stato commerce commis sion relative to stato affulrs. The de sired legislation would be in the na ture of amendments to the inter state commerce act. The first amendment asked for la one to remove all question as to the continued power of state authorities "lo require common carriers to mako additions and betterments to their plants nnd facilities reasonably neces sary for safe and proper service to the public." Another amendment asked is ono to limit the power of the Inter-state commerce commission so that no in trastate rate may be changed or sot aside without proof that the rate in jures persons or localities. It. is argued that the group plan of mak ing rates provided In the intra-state commerce act is uneconomic and un sound. Another change demanded would provide that tho regulatory authori ties of the states may make ordors and regulations not In conflict with federal laws, requiring cars within tho Btate borders to be equitably distrib uted to the shippers without regard to whether they nr edeslrod for -use In shipments that aro Inter-state or Intra -state. The state commissions further urge an amendment to restore to the states "all the rights, powers and author ity enjoyed by each" relative to cer tificates of convenience and neces sity prior to enactment of the trans portation act of 1920." The inter-state commerce commis sion is accused of fnlling to report to state commissions Its valuations of railroads because of lack of funds and congress is urged to mako an appropriation to make this possible. NEW YORK. Jan. 12. The 1924 heavyweight fistic tourney, in which prizes are opportunities to tilt with Jack Dempsey, today appeared to pro vide engagements for all contenders with the announcement by Tex Itickard yesterday of preliminary ne gotiations for a bout here early In July between Harry , Wills, negro challenger, nnd Luis Angel Flrpo, the South American giant, who last ex changed fistcuffs with the champion. Rickard declared that ho had sub mitted a proposal for a bout at the Polo grounds, the' wlnnor to meet Dempsey on Labor day in some local arena. Ho conferred with Wills and his manager, Paddy Mullins, who, he said, promised to answer tho propo sition some time next week. The California Oregon Power com pany are to build n now high tension 66.000 volt line with completely now equipment, botweon Ashland and Gold Ray. While this work is being done the old line, a high tension one of 34,000 volts, and tho service on the line will be continued as beforo. This work will cost about 1100, 000 and Is to begin as soon as mate rials and equipment can bo brought together, according to H. L. Walther, local manager of the power company. BE MAR8HFIELD, Ore., Jan. 12. Mayor Duncan Fergunon of Marsh field, and M)i Margaret Guthrie, re cently of Pratt institute. New York, will be married at Portland tonight it was announced here today. The wedding will be the culmination of a romance begun many years ago, ac cording to friends. COPCO TO BUILD A NEW$100.00OLINE BANKER SAYRE FIGHTS . FOR KXUXEN BOY it'; - w j I Madlaon, N. J. Monell Sayre, wealthy philanthropist, who has taken Into hie home and adopted as his son Francis Kluxcn, who was trlod and acquitted bo mo months ago of the murder of elov en year old Jeannctte Lawrence. Members of the Grace Churcb and 'the vestrymen have warned Sayro never to bring the boy to church again, as he will be denied aJ mlttance. - THE DALLES, Ore., Jan. 12.--EX-, servico men will' bo given preference for 91 days until May 2, In filing' upon tho old land grant to The Dalles Mili tary Road company which was thrown open to entry today under tho homo stead and desert land laws by tho federal government. After May 24, untaken tracts will be open to the general public; The atrip compriBes disconnected tracts three miles wide on each side of the old trail, running through Sherman, Wheeler, Grant and . Malhnur oofoutles., An exact chcuft :on tho amount of land contained in the opening la to be completed Monday by tho federal land office at The Dalles. WASHINGTON. Jan. 12. A strip of land extending across Oregon from Dalles City, on tho Columbia river, to. a point on Snake river, opposite Fort Boise, Idaho, t was ordered thrown open to entry today by the Interior department. The land originally was a part of the public domain granted for the construction of a wagon road by The Dalles Military Road company and the Eastern Oregon Land company In 1867. It is now proposed to open the remaining tracts under tho homo stead and desert land laws that have not already been patented. Daily Report on the Crime Wave LOS ANGELES. Jan. 12 Two ban dlts operating in a light touring car lato last night worked successfully a new plan for relieving pedestrians of their cash and valuables, robbing ten citizens in a scries of eight holdups In about one half hour and obtaining loot amounting to (500, according to reports to tho pulice. BUTTE, Mont.. Jan. 12. George Rajonovich, miner, fatally shot his wife and then nhot and killed himself in their home in an eastern suburb of Butte early today. Mrs. Hajonovlch's former husband, L-ouis Adler, was murdered by highwaymen in the same house in 1916. There are seven children ranging in age from 20 to 6. Death Toll of the Automobile LOS ANQELES, Jan. 12. Ralph D. Green, motor patrol officer, was Instantly killed and his companion officer, Vernon D. McCurdy. was se riously Injured here early this morn ing when their automohllo overturned while tho officers wore chasing a stolon car. PORTLAND, Oro., Jan. 12. Louis Crick, 66, dledl today from Injuries suffered December 17 when ho was run down by a truck. Constance Talmage Stricken Blind, But WillSoon Recover LOS A NO ELKS, Jan! 12. Constance Talmadge, film act- 4 ress, Is temporarily blind duo to "Klelgcyea" brought on by work under the fierce glare of studio lights. It was announced at her home here today. The malady struck her yestorday. It is ex- 4 pectod she will be back at her studio by Monday. . j SAYS SISKIYOU HOLDUP WORK STATE RADICALS American Legion Man in Port land Claims D'Autremonts Were Not After Cash, But After Legion Boys En Route to San Francisco. PORTLAND, Ore., Jan. 12. Mom hers of tho American Legion in Oro gon will be warned to be on tho look out against radical activities of the Industrial Workers of the World, as n result of a declHion reached at the meeting hero today of tho oxocutive board of the second Oregon district of tho loglon. All posts will he asked to report any "red" activity in their lo calities. Tho decision was reached following a statement ma do by C. J. Johnson of Silvorton, Ore., who said he had been Informed that radicals wcro secretly preparing for a "direct action" dem onstration In this stato. Johnson said he was Informed by John Slovey, a railroad engineer that radicals had boasted that tho holdup of a Southern Pacific train in south ern Oregon last October In which four of the train crew wero killed, was the work of radicals, who made a mistake in the train attacked, having intonded to blow up a truin carrying American Legion members south to San Fran cisco. JN OREGON, 1923, feALEM, Ore., Jan. 12. Oregon was remarkably free from strikes . and labor troubles during 1923 and .em ployment was more plentiful than at tany time since the closo of the world war, and Indications aro that employ ment will be plentiful throughout this year. Wages have again taken an upward swing. These are the high points In a statement covering the labor situation prepared by C. H. Gram, state labor commissioner. The lull in employment In the last weeks Is attributed to seasonal causes. (Difficulties on the Portland water front and the railroad shopmen's strike carried over from tho previous year, but he says both were of passive nature. In the spring the I. W. W. succeed ed at some points in tying up logging and construction camps for a few days as part of a political demonstra tion. What Is termed the one Berlous labor difficulty of the year, was the strike of linemen employed by the Northwest Electric company, com mencing late in the year and still con tinuing. Placements of license fee charges on employment agencies In Oregon during 1923 were 116,948 as against 93,739 the previous year. This is con sidered a fair barometer of tho indus trial situation. Placements by public employment offices charging no fees totalled 4743. Offices are located nt Portland, Salem, Eugene and Marsh field with the United Htates employ merit service co-operating. The average daily wage In tho log ging industry In 1923 averaged from $3.96 to $5.80. . KUOEN'E. Ore., Jan. 12. Whttnoy Palmer, 17, was bound ovor to the grund Jury lato yesterday on a charge of killing. Ralph Lammcrs, 20, who died Thursday night, two hours after he had bcon attacked by Palmor with a knlfo during a quarrel at Cottage Grove. This action of tho Cottago (Jrovo Justice of the peace was taken following tho coroner's inquest. ' ROSKBL'RG, Ore.. Jan. 12 H. A. Canaday, of Medford, arrived In Roseburg today and took over the of fice of register of the United Htatos land office, succeeding W. H. Canon, also of Medford, who Is now In Port land serving as a witness before tho federal court, in suits involving tho title to former government lands. Mr. Canaday started In at once to clean up the accumulation of work, caused by the absence of Mr. Canon, and will be very busily engaged by his duties for several days. Pool Hall Man Dies; Special Dry Officer Charged With Murder ABERDEEN, Wash., Jnn. 12. A. E. Graham, prosecuting attor- ncy of Grays' Harbor county, last night filed a charge of second de- gree murder against Special Of- fleer Wilbur Holllngsworth as the result of the death lato yes- terdny of Dzmarin,, who was fatally shot Thursday night In a dry squad raid on a South Aber- deen pool hall. August Koskl,' who was tn the pool hall at the tinio of tho raid, was also shot but only slightly injured. ' v 4. .. 4.f PIERCE FAVORS SALEM, Oro., Jan. 12. That he will ask tho legislaturo nt its next regular session for nn appropriation of $40, 000 for the construction of an indus trial building nt the Oregon state hos pital and also for nn appropriation with which to purchase 200 or 300 acres of gardon land along the Wil lamette river whero garden truck for all tho slate Institutions can be pro duced, was the announcement of 'Gov ernor Pierce made today in address ing the county JudgoB nnd commis sioners of the state when they assem bled at the stato lionpltul for lunch. Governor Pierce said that not. until he became a" member" of the state hoard of control did he realize the ne cessity of an Industrial plant at the asylum although an appropriation for such a purposo had been nskod of tho legislature by Dr. R. E. Lee Steiner, superintendent of the institution, re peatedly. Pointing out thnt because of the nature of tho Institution the asylum lean nnver be made tp be completely self supporting, the governor declar ed that a large number of the patients could be put to work at gainful occu pations in such a plant. County Judge H. E. Cross of Clacka mas, in. Introducing Dr. Steiner, de clared that in his estimation the state hospital was one of the moBt efficiently administered Institutions of Its kind In tho country. Tho ap plause which greeted this announce ment was drowned out completely by the ovation given James E. Stewart of Corvallis, when he said: "In my travels about the state I have found public sentiment almost unanimous for the retontlon of Dr. Steiner and Dr. Griffith as heads of the Institution. "Any attempt to oust Steiner and Griffith would meet with the same re ception on the part of the voters as would a movement to recall Governor Pierce and Socretary of Stnte Kozor." ASK FOR REHEARING IN SALEM, Ore., Jan. 12. Alleging Hint the recent doclr.lon of tho su premo court divesting tho Christian Hrlenco churches of Portland of the administration of tho Wcnimo endow ment fund Is not tn accordance with tho will of K. Illenry Wcmmc, Senator Ooorgo V. Joseph, w'ho drew the documont, today filed a motion with tho court asking for a re-hearing In the caso. Tho senator filed the mo tion as a friend of tho court, and in It ho declares that ho Is confident that if given a hearing ho can give the court additional Information that will mako It posHlhlo for the court to carry out tho intentions of Wommo as .ex pressed In his will. STATE GROWING GARDEN TRUCK 80 RELIGIOUS FANATICS KILLED BEFORE U. S. CONSTABLES ARE DRIVEN AWAY . MANILA. Jnn. 12. (By the Asso ciated PreBS) Eighty memhors of tho'Colorum, a religious society were killed at Bucas Island lust week In a clash in which a number of constabu lary soldiers wero slain, official ad vices from Surlgao disclosed today. The advices also disclosed that, while 19 constabulary soldiers In all wore killed, the original report that 13, Including two officers, had lost their lives in this particular clash was correct, the six others having been slain- In anothor encounter the pre ceding day. MELLON CHALLENGED TO ADEBATE Senator Couzens Wants to Argue Reduction of Excess Profit Taxes Cites Own Experience to Show Pro posed Reduction Would Pro tect Men of Large Wealth. WASHINGTON. Jan. 12. Socretary Mellon was challenged today by Sen ator Couzens, republican, Michigan, to a Joint debnte on the question of the necessity of reducing income surtaxes from 60 per cent to 25 per cent and stopping the issuance of tax exempt securities as a means of diverting cap ital to productive eutorprise. In his letter to Secretary Mellon, the third in a series of exchanges between the treasury head and the senator on the tax question. Mr. Couzens de clared that the percentage of tax ex empts on the market $11,000,000,000 was so small, compared with the $1 20.000,000,000 to $125,000,000,000 of other securities, "as to give an appear ance of the whole discussion as a tem pest In a teapot" . . Senator Couzens cited from treasury roports to support his contention that the receivers of large Incomes were not oscaplng any such large amount of sur-taxes through the ownership of tax exempt securities as "would make It desirable for the government to lower surtaxes in order to secure more rev enue for Itself or to release capital fpr business Investments." , ' ' ... v Cities Must Have Money' ' ' The Michigan senator declared that states and municipalities mus.t hare funds irom some source for Improve ment and asked the secretary if he contondod that It was less productive to Invest money In school houses, water works, electric lighting plants, state railway plants, good roads, col leges, sewerage systems, and health serving Institutions than It was In theators, office buildings, motion pic ture bouses, ball parks, distilleries, breweries, chewing gum and cosmetic factories and the like. - : Senator Couzens argued that to re duce tho sur-tax would rosutt In a deluge of dividends out of Industry to private Individuals and added that the mero transfer of ownership from one person to the other through the sale of stocks and other Investments would "have not constructive force In the country's business." On the . other hand he said, the distribution of cash dividends would result In taking out of many industries large amounts of capital which they now hold -In tholr treasury. ' ' ' ; , : ' . Recites Personal Experience "As a personal experience In this matter," Senator Couzens write, "I de sire to point out that during the ton years that the federal government has collected incomo taxes I have paid Into the federal treasury $8,223,679, nearly all of which has been sur-tax. In 1920, based on 1919 Income, J paid 65 per cont sui-tax, or a total of $7,229,161, to the federal treasury. "This resultod entirely from a transfer of ownership of certain prop erty 1 had and In no way had any ef fect whatever on tho Industry of tho country. Had the presont law boon in force I would have Baved nearly $2,000,000, and if your present proposal of a maximum of 25 per cent In sur tax had been tho law, I would have saved nearly $4,000,000; so t do not soe whero the country gains by creating these enormous Bavlngs for those well able to pay."' . " : Senator Couzens contended that "such men as tho late William Rocktf. feller, who are quite familiar as. yod . . .i rnntlnnA on Page Wir) ,.' Surlgao, tho post of the Philippine constabulary nearest the scene of the clash, was the headquarters of the constables, of whose patrol only four escaped aftor tho second encounter. It is on the coast of Mindanao. The patrol went to Bucas Island.' only a few miles distant. In a con stabulary launch. No, ' report ' of , the first encounter has been received hore beyond the bare fact that it" occurred and that six constabulei were killed, but a full account of the second ar rived today.