paoe ETnrrr ESFEE DENIES II KAN FRANCISCO. June 1. (By Ahmh.UiUuI I'r;Hi.) Hc-plying to pub liKhed rfjMrtH that the Kouthrn J'a cific company in cont:Htinif the Hill IriierfKtH In the construction of nw llncff in northern I'nJlfornift iind flout hern Orfjfon, i'r?Milent William KpruuJe of the Southern J'aciflc (iatd toddy: "Thu Southern Pacific Ik not at war with anyone hut In atundintf Ktrlctly to Um own hunincHH. It 1h true we are building a line through Kiamath Fat In known a the Natron cut-off, on whlrh 62 of the I ok mile have- been completed and 30 miles have been graded. About $10,100,000 has been Hpent thu far. TIiIh will Rive uk two lifieH from Weed to KuK'-ne and puts Klamuth Falln on a main line. "itobert JC. Htrahorn In building a line eawt and noriht-af of Klamath FflllH, known a the Orfun, Califor nia and Kamern. Jle hun completed forty miles to HpniKue river. An hi conut ruction aluiH to nerve territory contlKUouH to our line and to Klam ath Falin, wc have undertaken to aid In hbt construction upon obtaining ap proval nt the Inter-Htaie tomiiici ce commiHHion." LAKE SATURDAY ItOHKHnitO, Ore., June 1. K. A. Jlrlttmi, Ooutilus county Jtoy Hcout ex ecutive, of ItOHflHirg. and Hay Hlmms, fleorgo Mapon, Hoy Hchroeder, Frank Yoder and lid win White of Kugetie, re turned last night from Crater lake, claiming to bo the second parties to reach the rim this year. They drove to a point within eight miles or of the lake, Katurdny, and then went In on foot, Mr, Hrltton traveling across coun try while the others followed the road. Five inches of snow fell at thn lake during Hnturday, they report. They sklled back to Onvernment Camp, where they spent tho night, five feet of snow being reported there. It will eh pos-lble to reach Anna Springs by automobile next Hunday, they state, INDIANAPOLIS, Juno 1. Thomas It, Marshall, Indiana's former gover nor and tho nation's vice pnnWent, was full of epigrams, many of which have been widely quoted. In nearly every speech he made wuh at least one odd observation on current events. Some of these saying follow: "The only difference between this generation and my generation Is that they have different ways of mukliiK fools of themselves." "Tho average Idea of a home Is a flat and a flivver." "A man should marry and then kiss his wife every day ns an evidence of good faith." BASEBALL SCORES ST. UHUS, Juno 1 . (A. P.) Hogers Hornsby, St. Louis Cardinals' playing manager, poled out his thir teen (Ji home run of the season off Durum In the fout-lh Inning of today's game with the Clneiinmll Heds. No one was on base. National A Brooklyn Tt. II. K. New Vork 8 12 0 Brooklyn 4 it 1 Haines and Snyder; Grimes, Hub bell and Taylor. A Chlcngo a. II. 10. Piltsburg B 10 3 , Chicago (1 10 2 Atilridge and Smith; Alexander, Cooper, Hush, Kuuffman and llartnutt'. A Philadelphia it. II. K. Boston 10 17 4 Philadelphia la 17 4 Cooney, Itynn, Kamp and O'Neill; Carlson, Hells, Deralur anil Wilson. At St. Douls U. II. F. Cincinnati 3 U 1 St. Louis r 11 0 Luqtio and llargraves; Harris and O'Farrell. American. NKW YO It K, June l.-MA. P.) Ha be Huth, home tun champion, and the American league's leading .hitter In ll24, returned to the New York Yankee lineup huh hint Washington today after an absence of 54 playing days. Huth wns stricken with Influ enza on tho spring training trip. At Boston It. 1 1. K. Philadelphia 3 3 0 Boston fi 7 0 Walberg, Oroves and Cochrane, Perkins; Huffing ami llevlng. At Detroit H. H. Chicago (1 i F. Detroit 8 13 8 Fa her and Schatk: Whltchill and lhttsler. At Clolnnd II. St. Lou In 10 I. K 4 2 M 3 Kiiit Cb-velnnd .., . Sin h. Vnngihlrr ami and Myntt. i 2 Dixon; At New York W'afhliiKtut) NeW York . Johnson and liticl; Joi Schttng. 11. 1 1 a Sm, llqyt and IRS UPON HILL LINE IN KLAMATH DEAD STATESMAN ' AN EPIGRAMS! EXPECT JURY IN CASE THIS WEEK CHICAGO, June 1. (By Associat ed Press.) P.eports that Hobert White, misfing wit new In the murder tical of William Darling Khepherd, tice of law. might he in Pittsburg, Pa., (Interested Shortly after taking up law, Mr. officials here as the third week of Marshall was nominated for prose jury selection opened. With four euting attorney in a republican strong jurymen chosen and indications that hold, but defeated. His next political the skirmishing of the last two weeks venture did not come until early in is over, both prosecution and defense If OS, when friends suggested he be- said it was probable the full quota would be obtained before the end of tho week. Dispatches from Pittsburg said that a search was in progress there for White, following word from Chicago authorities that friends of the miss- ing witness had telegraphed $117 to ambition was to become governor of him last Friday. his home state, he would do nothing Htate's Attorney Crowe said that,10 attain the nomination, although his been use he expected to have the Jury ' friends could do what they pleased, before the end of the week he was whn the state convention was held, making an extraordinary effort to n Indianapolis later, he Was selected locate White. J a a compromise candidate between Wtlh White on hand. Mr. Crowe the force of Thomas Taggart, former said that his entire case would be I rn,ted HlatMi senator, and the anti ready for presentation to the jury. J Taggart forces, and won in the hitter Counsel for Shepherd, who atrreed that a full jury was near last week expressed a willingness to take sev vernimmen without questioning when they were offered by the state. 1 Inquiry Into other cases conducted by Shepherd's attorneys started by tho state's attorney following reports nt alleged jury tampering in the Shepherd ease was continued with the questioning of a juror in a for - mer trial I SEC. WEEKS TAKES BOSTON, June 1. Secretary War John W, Weeks, who was oper- , ated upon for gallstones at the Massa- j ferred to as "Tom." chusetts Cicnr-ra hospital last week, I He married on -Oct. 2. 1895, Miss passed a restless night, his physicians J-oifi I. Klmsey of Angola, Ind. Be nnnounccd today and his general con-'cause of his deep love for his mother dltlon was described as "not so good." ,he did not marry until she died. The A bulletin said: same devotion nlways existed between "Secretary Weeks' general condition him and Mrs. Marshall who nlways ac ts not so good thin morning. He had enmpanled him on campaign or lecture a restless night. Pulse UO; tempera- trips. With the exception of never ture normal." (mining an opportunity to see a hase- Fiom the time of the operation last hall game, Mr. Marshall was not an Thursday, Secretary Weeks had been convalescing favorably until yester day when tho physicians admitted that his condition was not entirely satisfactory, though there wo mid to be nothing alarming In his symptoms. , Hilly Sunday says: "A man will give lawver n tlinnwntwl .i..iiniy .i n mortgage on his farm for keeping him . out or the penitentiary two years, but win raise cane when the doctor diarges him flfly dollars for keenlnc him out of hell the rest of his life." THOMAS It, M AHSII l,, DIKS. tContinued From Pane One,) Ion a nil his refusal to put on. tho loak of nil eialted reserve In high office worried his friends nnd dis mayed his political advisers: but ho always Insisted that n man must first of all keep pace with his own con victions. A BU,,-o,0 l,.K.t of 1,18 fidelity to that pre , . ,,,,,, i luv days when Wnodrow llson luy stricken at the White House Hhut off from tho nation by a veil of 1m penetrable mystery. Out of tho many whisperings r others In high Mr. Marshall was an omnivorous, place In the government, there einer- reader, but as he once expressed to n ged a liroject to declare tho war friend, "not nt nil a thoughtful read president Incapable of performing tho er." He had a penchant for detective duties of his office and to elevuto the second in command to' tho pros- Ideney. The suggestion even occu- pled the serious thought of soino members of tho Wilson cabinet. But when It was broached to Vlce-l'resl- dent Marshall he declined with char- ictcrlstlc bluntness and finality to have anything to do with It. If ho ever lost n moment's sloop from tho strain of thoso trying months when so narrow n margin separated him from n. lasting placo among tho nation's presidents, his cIiiho associates never siisnected it. I'Yoni the first to the last, In his of ficial nits and In all his utterances hn remained devoted to tho chief under whoso banner ho had become the first vico-presldent since John Calhoun to succeed himself In of- flee, Delta and Phi Itetnn Kappa frnternl hls capacity ns presiding of- ues. He nlso held the honornry de- Of tllO Senate llO Is reiliem- irrnn .,f 1. 1. 11 fi-nnl uevet-nl cnlleirea 111 f r hered chiefly for tho fairness of his anil universities. rulings mid for tho tilling rebukes, ho administered to senators who INDIANAPOLIS, June 1. (A P.) Insisted on inking themselves too News of the death of Thomas U. Mar seriously. Many n political slinin shall at Washington came ns a shock battlo on the senato floor, carried to his homo slate. His many friends amid a thunder of high sounding words, was broken by a nicely ill- recent Illness would be overcome, reeled shaft of humor and sarcasm Marshall, following his retlre froin the chair. meat ns vice president In March, 11121, On these occasions tho galleries n"1 maintained a homo here although always greeted the sally with laugh- ho w,1! absent from tho city a good tor and hanilclapplng hut tho vice- 'mn of ,hp Ump nn speaking tours. Ho president, with a straight fnco nl- nml l"'''-"-'! Inw liore In n very ens ways responded bv drawllnir out the ual '"'opting only a few cases senate precedents to curb applause. It was after an unusually tiresome season of UKX flown oratory In the chnmber, with a long succession f senators stik'nestlng a long list of pnnaeaeas for the post-war health of lint rnini i v it i J li.. liveifd hims. ir tf that d 1 c t u m, which ban become the most celebrnl- ",v 1111 . ''iiy m-i-iio Is n good five cent cigar," I t uning from Vhuinla stock, but a Moosler by birth. Thomas Itlley Mar- hall, while a successful lawyer, never "The decision of the supreme court mined iatinnnl prominence until It declaring the Oregon school law nn , :is thi unl ign him In liMK by his constitutional, is a decision of the loniliiMtlnn jim unveninr of In. liana and first importance. i.ain later when be ,,m ,.erted as "II wilt define the limits ,,f the fie.-ddent WlNon's running male In lyia ntfti lyJO. fEDFORD MATL TRTBTTNE, j Mr. Jrjiha.11 wun born In North j 31 anch filler, Wabaith county, Indiana, March 14, 1S54, the only son of Dr. Ifaniel M. and Martha A. PatOnion Marshall. Me attend the public Hchoofs and his mother had dreams of him becoming a famous preacher, hut the trial of a circuit rider in those days did not appeal to him and after being graduated from W;ash college at CrawfordKVille, Indiana, at nineteen years, he read law and was admitted to the bar at Columbia City, Indiana, upon his twenty-first birthday. The story of his life from then on until he was elected governor of Indiana, which opened the way for him to become a national figure, is a plain narrative, his entire time being devoted to the prac eorne a candidate for congress from the Twelfth Indian district. He declin. ed, however, explaining he was afraid he might be elected. When It was suggested that he seek the democratic gubernatorial nomination in Indiana. Mr. Marshall replied that while his one 1 :'u campaign in wnicn ne carried the state by 10.000 while President ,Taft carried It by 15.000. During four years as governor, his administration was characterized es peclaliy by the enactment of legislation looking to the moral and physical wel fare of the state'H unfortunates. One policy inaugurated by him was that OI never anowing a cnua io oe oorn in priKnn or a Peraon to tlie behind the ,iarB " there was a home to which they count go. Mr. Marshall was nominated for the vice presidency in Baltimore In 1912, after his name had been before the convention for a number of ballots as a presidential candidate with the In diana delegation solidly behind him. He was again renominated with Presi dent WilNon nt St. ixtuin In 1916. I Mr. Marshall nrlded himself on the fact that he had always been "just Ia plain every day average American citizen," democratic and unconven of tional, and to his neighbors in Colum- Ida City was always affectionately re- enthusiast over outdoor sports. As for hobbies, he had just one, and that was Clarance Ignatius Morrison, his little adopted son. YhIle Mrs, M-rshall In 1 ! 1 7 was directing a diet kitchen In Washington maintained for tne poor children, she was attracted to a sickly little year old waif. "When they wont to their summer home In Mlchl- K'in m,u ,Hun m"ri 1 IU L" x "" u,u," accompanied them. With the mother's consent, the child upon their return was permanently made a member of their household although no steps for its legal adoption were then taken. In order that the child's mother might be near the baby boy Mr. Marshall se cured employment for her at their ho tel. Possessed with a wealth of human pvmpnthv for his fellow men, Mr. Marshall had n quaint and subtile se live of humor, which the pall of sen atorial dignity failed to dampen. Many times the humor was expressed at the expense of some senator. Mr. Mar- ...... ..,.,.,1 AI1. .,.,.1 nnlh. ,,, ,,ollKhl,,,, hl, n,m.e aa vl,. ,..,,. ilcnt than to Htenl out of the Henate nhiimbpr into his nrlvatp offlre. nmnke n uitio and tmtortaln frlenrlH by reolt- lK lnntniu-OR of hit expci'if ih:ch ns a enonnv inwver or mystery stories nnd freuuently sat up ull night to complete the reading of a tale. Ho nlso was a lllhlo student anil often times while serving as vice P'"Mldent, could be seen sitting In his offlco reading from a little vest pock- testament which he nlwajs carried. ut moderate rinnncim cirounifinncos. ho was always Interested In education al, church and charitable work. 'Thero are so many views as to whnt constitutes true success, I have no sug gestions to offer," he once wrote to n 'r'om 'Piy to nn Inquiry. "My views in success lire mil Keiici'my cented. I think any man is success ful who Is content to do well with re gard to the rights of others In tho par ticular thing Ciod fitted him to do." Mr. Marshall was a Presbyterian, nn m,i....,.i.i...i .. . woii member of tho Phi Oammn in all political parties had hoped his any that would prove unduly burden some. Hlnee leaving the vice presidency he has been almost Inactive In politics. Ills only public appearances have been on the speaking pint form, where he Clnllmpa unlU Illo ,(lst to expound hts 1 quaint phnlosophles. m.;;) KUIIOOIj LAW IXV.M1. fOontlnued From Page One) of the plaintiffs in the compulsory school law case, said: imwer of the slate to emulate n-nnnil rights nder the constitution. MEDFQRD, OHEfiON. "We felt confident that the law was'triotism by large public school expen- aim iiiiuuvu 11 uiiuim, uv Dlttle COnifnUCU inl Willi :he most ascred rights. ian Increase of facilities attendance in "Not only will this elslon deter- the primary grades should be- ln mlne finally the power of the state creased as proposed in the new law. with regard to education, but it will, The state asserted that It was its duty declare the extent of the power of to teach children their-true allegiance the state to regulate other useful oc- an l Impress upon young minds cupations. i that the claims of the government "There has been a constant effort I were superior to those of any rellg- in many directions to encroach upon,ln- The authority to require chil- personal rights but this new definition dren to attend school embraced the of the liberty and property clauses of right, the state Insisted, to compel the fourteenth amendment will re- I them to go to public schools, move many of these questions from! Education, Important in building the realm of controversy. Up good citizenry, came .lthin the "It is a great decision and of nation police powers of the states, under wide importance. j their general welfare jurisdiction. "Apparently more Interest was Oregon further asserted, insisting manifested In this controven-y in the that in such matters the federal gov east than in the west. In the popu- eminent had no right to interfere. It lous centers, private schools. of all de- was for the state courts and the nominations and classes are much people at the polls to remedy any de more numerous than in Oregon." fects which might develop, it said, "Certainly there Is nothing In the and not for the federal courts, he present record to indicate that they! cause local conditions must always have failed to discharge their obliga- J control in such matters. Insisting that tions to patrons, students or . the "some vestige of sovereign power" state", the court continued. "And should its law be held invalid, a there are no peculiar circumstances or present emergencies which de mand extraordinary measures relative to primary education. "We think it entirely plain that the act of 1922 unreasonably interferes with the liberty of parents and guar dians to direct the upbringing and education of children under their con trol. . "As often -heretofore pointed out, rights guaranteed by the constitution may not be abridged by legislation which haH no reasonable relation to some purpose within the competency of the state. "The fundamental theory of liberty upon which all governments - In this union repose, excludes any general power of the state to standarize Its children by forcing them to accept Instruction from public teachers only, "The child is not the mere creature of the state; those who nurture him public schools; that it had been con and direct his destiny have the right, sistently held in the courts that states coupled with the high duty, to recog- could at their pleasure amend or can- nlze and prepare him for additional obligations." r- thnt the now law would not interfere 1'OHTLAND, Ore.. June 1. Thu'with religious liberty; that those who supreme court decision in the Oregon compulsory school law ends three years of fight. The hill went before the voters in November, 1922. with the support of Scottish Kite Masons, together with the Ku Klux Klan. The compulsory education bill, as it was first known, was introduced as an Initiative mea- sure. George B. Cellars and P. S. Mai- colm, officers here of the Scottish Hito lodge 'and Judge Wallace Mc- Camant, attorney representing the lodge, refrained from commenting on the decision. Passage of the bill immediately in troduced It to the courts. Hill Mili tary acad emy attacked t he law as providing for Illegal confiscation of property. The .Society of the Sisters of the Holy Namcn of Jckuh and Mary followed with :i court action that pro- tested particularly the rictus of the parents in connection with the rellg- ious education of their children. Since the measure was a stnto law. lit became the duly of the state legal departmont to defend It. . llasonlc bodies favoring the law lent the state the services ofV Wallace MoCamant, local attorney nd former state su preme justice who has since been ap pointed a justice of the United States court of appeals,.', ' The two cases were Joined for argu ment on the point of constitutionality before Circuit Justice . K. Gilbert and District .Judges C. K. Wolverton and R. S. Hean. sitting here ns n Unit ed States district court. These three judges held the law unconstitutional is contravening both personal and property rights. Krom their decision he ease was immediately' appealed to the United States supreme court. WASHINGTON. June 1. In educn- tionil and religious circles Keener and wider interest was Hhown in thn at- ttck upon tho constltutionftlily of tho Omuon nublio school law than fn any other controversy which reached the supremo court in recent years. Uke most Statos. Oregon has a com- Hcnoois ine remeuy was noi in -gis-pulsory education law which re'iulres Intion which would destroy thorn, bu' children to attend school, and pre wets to regulate them; that the scribes the course of studv. The right new would not result in broaden to enforce such regulations has not in the educational field or in cor henn eerioualv nuestioned in the recting evils, or in promoting the courts. Put in 1022 tho voters of general welfare of the people. ,, Oregon. n5.50T to 103.685, want n step further and enacted a law under "on the chargo made by menus ot which children between the ages of the new law that tho increase In , S nnd Ifi. with some exceptions, would crime among children was due to i niter September, 1 f2. bo required to.prte schools, and that such schools ( attend "public" schools. were conducted by bolshevists. com-' Thn law was di to the activity of niunists and syndicalists. Never be tho Ku Klux Klan. Suits wore fore had a state, they declared, at- ! ')'-nmptly hmugbt in the federal (lis- trlct court bv the Society of the Sis- ters of tho Hny Names of Jesus and Mary, cinduetlng nnrochial schools, and by the Hill Military arademy. a nrtvBte school. Enforcement, of the 'aw wns restrained and the state an- pealed to the supreme court. Joined in opposition to tho new law eventually were a number of rnl'glous oraniatzions. Jowlsh as well as Chris- tian, and many- educational institu tions, colleges and universities, ns veil as private and nnrochial schoots. Th hrnad contention was that should states ho permHted to monopolize the education of children up to thn sem inar grades, the next step would be tho taking over of education in tho higher grades. Tho new Oregon law pronosed thnt. all children between 8 and 16, physic ally able and living within renn ahlo distance, should attend nubile schools, unless educated nt home by private tutors under stnto supervision. In tho lower federal court the qnestfon of pronertv rights was controlling in the decision of the constitutional questions presented. The nrlvnte and parochial schools contended with sue cess that the state lnw under which they hnd been Incorporated constituted a contract, which must he respected and could not be broken; that under tho contract they hnd acquired prop erty rights through thoi erect'on of schools which could not be confiscated or seriously impaired without violat ing the federal constitution: thnt teachers in such institutions had em ployment rights which must he pro tected: nnd thnt it waa nn Inherent right of parents ami guardians, guar anteed bv the federal constitution, to deido where their children should he educated, snhfoct to the risht of the 'Mate to require them to lu sent to n public school provided tiiey were not adequately educated- elsewhere. Alleging a purpose to promote pa- MONDAY, JUNE 1. 1925 ments. Oregon gave warning that should its low be held Invalid movement would be started at once for a constitutional amendment. i Summarized, Oregon's argument t was that the national government was : founded upon the theory that church ! and state should be maintained sep- j arate, a principle to be closely guard- j ed in the education of Its youth: that I the right of a state to control a minor j when public welfare required had i been thoroughly established in the courts and included control over their education; that private and parochial schools are not superior to public schools, therefore the new law would not deprive them of any rights or privileges or subject them to any dis- ' advantages; that the opposition came from those who wanted children given sectarian religious instruction; that the fight involved the survival of the eel such charters without encounter- J ing any constitutional prohibition; desired to send their children to parochial private schools could do so during hours when their attendance at the public school was not required; that children In public schools would be excused under the new law a cer- tain number of hours each week for such religious instructions as their parents or guardians might desire; land that the religious views of some parents could not be permitted to de- stroy the effectiveness of a salient law. The Protestant Episcopal church, the Seventh Day Adventists and the American Jewish Committee each filed a brief as friend of the court In support of- the position taken by the parochial and private schools. Oppo nents of the now law declared it a serious menace, iney am-iouicu ine weakeninu of tho moral fiber of the time to the lack of relluious nnd I moral training, particularly in chll- j dicn, declaring that unless present tendencies were restrained, conditions j here would bo worse than those lnM Soviet Uussia. Oregon's idea of sep- nrntlon of churcli and state would mean, they declared, no church hut only state, because if schools could be prohibited from teaching religion and morality, all religious instruction would be brought within the control of the stale. The parochial schools took the view i also that the most effective religious I training could he accomplished as a part .of tho daily education of chll- i dren. They denounced the now lav as not only extremoly unwise but i arbitrary, revolutionary, oppressive, and violative of rights which since the foundation of the government j have been considered essential to lib- ( ,crty. ' i I Furthermore, the opponents of the ' new Inw stated ns a fuct that no prl- va,e or parochial school in the state ntt(1 bcen ficiont or delinquent in any res""-'- titt-ht ob- ionabio or prejudicial subjects or unpatnonu ... , it they , wore inferior In any respect to public T"py "enounced as without founda- tempted to prohibit a distinctly useful business, whose beneficial effects had never been questioned. It private schools could be prohibited, they said finally, any lawful business in which the people may be engaged, could be destroyed at the will of the state. """ M otorists Medford Cor. 6th and Fir Sts. Michelin, Hood aid U. S. Tires. - o MONEY SAVERS o We offer you some splendid values for our . Wednesday special. iTon't pass these up. 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