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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.