o ' "
TV . CTT . P
M
EDF01B.
Weather Year Ago
Maximum 87
Minimum 48
Dtlly Twentieth Tut,
WHr Fitty thlrd Yur.
. MEDFOUD, ORKGOf, - TUKSDAY. JUXH 23, 1 f)2.,
NO. SO
START COURT AG
T PIERC
Ttim Watbr
Prediction Fair
Warmer tonight
Increasing fire 'huzurd
Maximum yesterday 92
Minimum today 49.5
MAIL' I KIBIfJ WE
TIQN
GOV'S RIGHT
OF VETO IS
CHALLENGED
Attorney John McNary of Sa
lem, Files Action in Su
preme Court to Kill Gov
ernor's Veto of Special
Election Bill and Save State
finances.
SALEM, Ore., Juno 23.-Contend-ing
that Governor Pierce did not have
a constitutional right to veto the bill
passed by the 1925 legislature calling
a special election in September, an
original proceeding In mandamus was
today filed in the supreme court de
manding thnt Secretary of Stale
Kozer call a special state election on
the second Tuesday of next Septem
ber. The petition was filed by Attor
ney John H. McNary of Salem, broth
er of U. 8. Senator McNary, on behalf
of L. L. Swan of Albany, a member
of the legislature, who appeared as
the petitioner
The order which was signed by
Chief Justice McBrtde today and de
mands that the secretary of state ap
pear on June 26 and show cause why
the special election should not be
called.
The act of the legislature which'
was vetoed by the governor provided
that the special election should be
tilled In event the referendum
was
invoked against. any of -the .avenue
producing measures that were passed
by tthe legislature, having particular
reference to the tobacco tax act, the
bus bill, and the "tithing bill." the
latter ; requiring that self sustaining
state activities pay ten per cent
D
their proceeds into the general fund
of the state.
On all of these measures the refer
endum has been invoked. Since the
governor had vetoed the-special elec
tion bill the revenues from all these
measures were considered to be cut
off until after the general election in
November 1926, thereby throwing the
state's financial condition Into a seri
ous tangle and making a state deficit
of over $.6(10,009 by the end of 1926
almost certain.
If the mandamus action filed here
today is successful, however, the ref
erended measures will be voied on in
September. Should the measures not
)e defeated in that election the state's
finances will he bolstered up accord
ingly. If the measures are defeated
the condition will remain serious.
The bus bill Is estimated to produce
about $500,000 for. the blennum and
the tobacco tax act about $1,500,000,
while the tithing act wna estimated to
yield about $170,000 for the two
years.
The argument In the petition filed
today is on the theory that section
one, article IV -of the state constitu
tion, known as the initiative and ref
erendum amendment, provides that
nil elections on measures referred to
the people shall he had at biennial
regular general elections except when
the legislative assembly shall order a
special election. It I contended that
concurrence of the governor is not
required and that passage of the act
by the legislature was sufficient in It
self and the governor's signature is
not required.
The County Judges association of
the state and the state highway de
partment are mainly interested In the
success of the action filed here today
by Mr. Swan.
Provisions of Hill
: The special election bill provided
that unless the referendum were in
voked on one or more of the revenue
bills all other measuces that were re
ferred to the people by the legislature
itself, should be voted oh at the gen
eral election in November, 1926. while
If the referendum were Invoked on
any revenue mensure all other re
ferred bills would be voted on at the
Continued nn Pae 8I 1 I
INJUNCTION IS GRANTED AGAINST.
TEACHING BIBLE IN N. Y. SCHOOLS
NEW YORK. June 23 (A. P.) The
use of a portion of public school
hours for religious instruction l
churches of Mount Vernon, a West
c.tjester county suburb of New York
City, has been forbidden by injunction-
,
Supreme Court JUee Peeger yes
terday granted n writ at White Plains,
permanently restraining the Mount
Vernon school board from permitting
children In the fifth and sixth grade
to take 45 minutes of each school
week to devote to religious training,
Egg Boat Stormed
By Villagers and
Stock Is Devoured
SRATTLE. June 23. (A. P.)
A Canadian Press today from
Calgary. Alberta. Mild that fifty
two inhabitants at Kurt Simpson,
1000 miles northwest of Calgary,
npar the Arctic circle, "stormed
the first egg boat of the season
and fried eggs with one hand and
ate them with the other. Many 4
crates of eggs were reduced to
empty shells In an hour."
WARJSJEARED
Japan Threatens to Take
Strong Action if China Does
Not Apologize at Once
Conditions Thruout Country
Become Serious Again.
By Associated Press, June 23.
Possibly serious developments in
the Chinese situation were Indicated
today by reports in some cases not
confirmed of attacks upon Japanese
officers In three cities In China. In one
case the stoning of a Japanese con
sul at Chingklang, nn apology Was de
manded and it was intimated Japan
might take strong action if the apology
were not made.
Reports from Ningpo described the
anti-foreign movement as rampant
and said rioters looted a foreign mess
.there. r
I Japanese consuls were reported to
have been stoned both at Chungking
and Chingklang. A Japanese customs
commissioner was reported killed mid
two Japanese injured at Wuchow. This
report was not confirmed.
i At Peking the diplomatic corps de
cided to open negotiations With the
Chinese government to fix the respon
sibility for the strikes there.
At the same time the (lipolmatlc
corps sent to the Chinese foreign of
fice a note refusing to accept respon
sibility for the delays in settling the
Shanghai question. The note also
changed the Chinese foreign office
with nni'rntlne- n vopninn nf tho Khtintr.
hnt IneldP.it thnt rlne nnt nrrnrri with
the facts.
) Attempting to extend the anti-foreign
agitation to Manila, Shanghai
radicals today cabled to comrades In
the Philippine city urging a general
strike at Manila beginning June 25.
j More anti-British boycotts were re
ported from various Chinese cities to
day. A Hrltlsh destroyer left for Hol
Hdw where the Hrltish consul reported
trouble.
Wall Street-Reportj
NEW YORK, June 23. The closing
was heavy. American ' Can rallied
sharply on short covering in the final
hour. General Electric. American
Water Works. Tidewater Oil and Max
well "B" certificates sold three points
or more below yesterday's final fig
ures. Stock prices turned reactionary to
day but trading was in relatively light
volume. 1 here was a widespread ne-
net mat tne reaction was a natural
correctlon or an over-Douglit comlltion
Tota sa es approx mated 950,000
. 11
snarcs-
Will Protect Foreigners.
WASHINGTON. June 23. (A. P.)
Consul General Jenkins nt Can-
ton advised the state department
todav that "orders had been Issued
by the governor for the protection
of foreign lives and property.
The proceedings were Instituted by
Lawrence B. Stein of Mount Vernon,
a member of the Free Thinkers So
ciety of New York.
Clarence Darrow. lawyer of Chica
go, WnO In U UHJ1IMI 111 lilt; wviciinc ui .
ill. SmnpN evnlntinn trinl. rieclnred he I
JAP CONSULS IN
CIA ATTACKED
regarded the matter ns important as'fr appearance
the revolution case. It was the soci
ety's cuntentiotPthat the action of .the
Mount VermO school board was a
violation "f the state constitution In
that It Joined rb.urch and state by
i recognizing relifcMm as part of
the
curriculum.
. i
" ' ' ... i. , . . , ... -
His Fate Will Be j Decided Tomorrow
William D. Shepherd (indicated by arrow Y. 'alleged "
his millionaire ward, is shown listening calmly to prosecution testimony in the courtroom in Chi
cago. The jury, chosen after weeks of effort, is seen in the background.
MOROCCO ISSUE
CAUSES A FIGHT
PARIS,' June 23. (A. P. Today's
session of the chamber of deputies con
sidering the Moroccan question brpKe
up in a free-for-all fight whan the
white haired Colonel Picot. deputy of
the right bloc, rushed to the rostrum
and slugged the communist deputy,
Doriot ; squarely in the face as tlio lat
ter was attacking the French govern
ment. Deputy Doriot staggered, but clinch
ed with his assailant. Communist.
from the left and nationalists from
the right came climbing up the steps
of the rostrum until 25 deputies were
there, milling around, wrestling and
hitting each other wildly.
' A turmoil of deputies then surged
in the open space below the rostrum
and it was ten minutes before the ush-
( ers could break up the various fights
and President of the Chamber Herriot
, could adjourn the session.
j With folded arms, Premier Painleve
nnd Foreign Minister Jlriand watched
the fight.
i Before the disturbances started Pre
mier Painleve had commenced a
Peech on the Moroccan situation
He
.said France must present a solid front
In Morocco.
I If we took the least initiative to
ward peace negotiations," he said, "our
action would bo interpreted as weak
ness and make our situation more dif.
ficult."
TO
HAVE WIFE KILLED,
BUT SHE LIVED
KANSAS CITY, Mo., June 2.1. (A.
P.) The Kansas City Journal today
prints a copyright story detailing u
confession of Charles B. Davles. prom
inent Concordia, Has., resident, that
lie hired a Kansas City gunman to siay
Il1s w,fe )n or(er t0 ohtaln ner ,mM,
ertv ,) or hi8 subseouent lilackmnll-
OF DEPUTIES
Jng by gllmon aml lhelr associates -.,,, , . n..st ,n,tch from the
.,, ,),,,,.,,.., mllr,,p, i. 1 ls ,'"v . ","'m"-n
wnen tne attempt at 'niinte- ''Associated Press staff representative
Davies nnd seven Kansas City men ut KlnK11 Bay tnat lhe press nK(.nt of
who were alleged to Pave l -a ... . lh v-ni-wcittain Aero club which con-
volved In the plot against Mrs. Davles J ?.?, ?l? Z ,,ltr f, oin nl fr.
were cliareod with assault with Intent
t0 km charges filed last night at
Concordia.
Uavles, n i-it.-' m---1'B.-
secretary of the Elks club of Con-
cnrdla. the .toums
Walter Moseley of Kansas City to kill
his wife, paying $?nuu, with me pru.u
ise of $:I0(I0 after the slaying. Mrs.
navies' was attacked in her bedroom
October 14, 1924, and was. lelt for
dead She recovered from a fractured
skull, however.
mMmimii i i,... ii The
kherlff of Cloud county confirmed to-
day reports published In Kansas City
thnt Charles D. Davies. wealthy re
tin A niPrrhnnl nf Pnnrnrd f r nnd con
fessed he had conspired with Kansas
City gunmen torklll his wife.
Mrs. Davies recovered from nn at
tack made on her last Oeeober by
gangsters.
Davles was released on JSOOO bond
at an arraignment
Thuriglay.
KDINnrilOH. Siotland. .Inn.
(A. p.) Miss Anna Ai:i::
don of Kvanston. III., was re -mi
21.
president of the World's Women's
Christian Temperance Union today.
ENGI
FORCED N. POLE
PLANE TO LAND
Amundsen party Made Forced
... Landing in Arctic, Accord
ing to First A. P. Report
Allowed Thru 2y Norway
Aero Club.
KINGS BAY, Spitsbergen, Saturday,
June 20. (A. P.) (Delayed) The lost
airplane 'of the Amundsen-131 taworth
e xpedition by this time probably has
been crushed ' by the ice in which it
was left fast and parts of It may
eventually drift westward and be cast
up somewhere on the Greenland
coast.
This is the view taken by the mem
bers of the Amundsen party who re
turned here Thursday in . their re
maining plane.
The story told by the returning ex
plorers showed that trouble - for the
parly began early, when the machine
Amundsen, leader of the expedition,
was occupying with Lieutenant Uilscr
Ijursen nnd Mechanic Carl Feueht de
scended to a low altitude the day
after the start to take observations.
The motor of this machine, It was
stated, suddenly developed a defect,
necessitating a forced landing on a
narrow strip of water between two
moving masses of Ice.
Nobody was hurt but the party had
to move quickly and ubandon every
thing it could not carry in the way of
Tood and equipment and dash for
safely. They were separated by some
distance from the other plane, the oc
cupants of which were unable to see
them.
In crossing new lee In the attempt
ed salvage work that followed Lief
Dletrichson, pilot, and Oskar Omdahl,
mechanic, broke through Into the
water and were rescued with great
difficulty, mainly by the heroic efforts
of Lincoln Ellsworth,-' companion ex
plorer with Amundsen In the expedi
tion. Omdifhl was pretty far gone
when he was (lulled from the water.
........ .i .
Snltzbercen. hns pi-rmltted to come
I through since Amundsen's return.
The "Daily
Bank Robbery
Riri-l.I.m-UO. Wis.', June 23. (A.
P.) Robbers entered this town about
1 n. m. today, wrecked the vault In the
First National bank and escaped with
an undetermined nmount of cash and
securities aner hiiuumiik u i me w
In the mots approved wild west man
ner. It Is believed the loot was not
more than $10,000.
TROON. Scotland. June 23. (A.
P.) Kichty-one golfers here have
iiunllfled for the Hrltlsh open cham
pionship, among them being the
trio from the I'nlted States, Joe
Kllkwood, MurInnM Smith and Jim
I :mi lies, who returned cards of 1.13.
10 and lf,.ri, respectively, for the
nor- n i; holes quiilifvlni; pliv. The chnm
ted pliinshiii. - hnle meil.il play, will
h. Uwr "0 at I'restwlck Tnursuay
and Friday.
CHANDLER
EGAN
WINS EIGHT UP
IN FIRST ROUND
TACOMA COUNTRY CLUB. TA
COMA, June 23. Dr. O. K. Willing,
amateur champion, Portland Wnverly
club,, started out today In the first IS
hlles of the 3( hole play of the first
round in the Pacific Northwest Golf
association amateur event at the Ta'
coma Country club by defeating his
opponent, Walter Favoargue of Aber
deen, one tip. H. Chandler Kgan,
Medford, Ore., finished eight up on
Hobby Vaughn, Taconia; Lee Btell,
Seattle, and A. Kyle, Portland, cuine
in even; Chuck Hunter, Tacoinu, two
up on O. Sbuw; Frank Dolph of Port
laud. I'lve up on 11. O. Thompson of
Vancouver. ,
National
At New York. R. If. 13.
Brooklyn H 13 3
New York 5 (I 0
Hntterles: Vance and Deberry;
Ileal ley, lluul'inger. Winner and
Ciowdy.
Second game. R. II. K.
Brooklyn 5 10 B
New York 8 13 1
Batteries: Khrhardt, Green nnd
Taylor; MacQuillan, Uenn and Sny
der, Gowdy.
At Boston. R. II. B.
Philadelphia , 7 1
Boston - 3 9 2
Batteries: King nnd Wilson; Barnes
Maniuard, Yaryan, Ryan and Gibson.
Second game. . ' R, II. K.
Philadelphia 9 1 d 1
Boston 7 11 2
Batteries: Carlson, Couch nnd Hen
llne; Graham, Kyun, Genewlch and
Gllison.
At Chlcngo. ' R. H. R.
Cincinnati 5 HI 1
Chlcngo 0 14 0
Batteries: Donohue, May. Blemllter
and Kruger; Cooper and flonzales.
T
Plttsburg-St. Iouls ratn.
American.
At Phlladelpha R. H. K.
Boston 2 8 3
Philadelphia 3 8 1
Quinn and Plclnlch;. Harris, Rom
mel and Cochrane.
At Washington R. TI. FJ.
New York 16 0
Washington K 14
Shocker. Kerguson nn Bengough;
Ruether, Marberry and Ituel.
Daily Report on
the Crime Wave
CIIICAOO, June 23 Drnatle action
against Kuntnen and rohhers was con
sidered by police executives here tn
il:iyiH they inveatlBati'd the slaying
yesleriiy of Patrolman Patrick Mc
C.o'ern, shot down hv three men. who
escnped with $5000 carried hy a
messenger McOovern was 'escorting,
lie was the sixth policeman to fall In
two weeks. ' ' '
OcorKc llnney. -the mcwsenKcr. was
held after a search of his hoi' re
veiiled letters from men with police
riTonls. Police dccitlliMl Hancy was
slilnnpi-il hint ivcinln'r nnd rnMied
of $i;oo0 anil two. yi-ius iikh $l-ri.0'Mt
wan stolen from a sufe In the theater
which employed him.
BASEBALL SCORES
Electricity Fails;
Prince Dances As
Guests Hold Cand&s
JOHANN KS H t It G , SouthAf-
rlca, June 23. A. P.)- The
Prince of Wales ushered in his
31st birthday in thu small hours
4 of this morning dancing to the
light of candles and matches v
held by other guests at a party
given bv thu Hrltlsh Empire
Service league. The emergency
form of lighting was necessi-
tated when the ulectrlcily failed
for half an hour.
Chief Executive Denies That
Economy Talk Hurts Busi
ness U. S. Surplus of
$200,000,000 Is - Predicted
Federal Encroachments
in States Deplored.
WASHINGTON. June 2.1. (A.
P.) An administration tax pro
gram to reduce thu prcweiit lax
burden by $:iuO,000,OU() hatt vir
- tun Ily bwn complete! - for sub
' mission to wngrcss next fall.
Thnt a g r e t m c ti t has boon
reached on most of Uio major
features of thu progium was re
vealed after a conference today
between Secretary Mellon and
Chair out it frcen of the house
ways and means committee. The
two were said to te In accord
except on I he que I Ion of ru
ncuUng estate taxes.
WASHINGTON, June 23. (A. P.)
A promise that he wilt recommend
further reduction of taxes to congress
' ut tho December session was mado
I hist nl if lit lv President CnnllrfifM in nn
address at the semi-annual budget
meeting.
He predicted a surplus of $200,000,
000 at the end of the fiscal year June
30, and estimated that the surplus for
the coming fiscal year would approxi
mate $:'Ut. duo, odd.
Admitting there was little prospect,
for several years at least, of cutting
government expenditures below three
billion dollars annually, Mr. Coolldge
said the outlay for the current fiscal
year would total $.1,035,000,000, ex
clusive of money applied to reduction
of the public debt and operation of
the postal service.
It Is his desire, he added, to hold
expenditures for the coming year, In
cluding the amount applied on debt
reduction but excluding the postal
service, within $3,375,000,000, or
$126,000,000, ho said, less than esti
mated comparable expenditures for
this year.
Mr. Coolldge also declared he would
attempt to hold estl males for the
fiscal year beginning July 1, 1 a 1! C , to
$3,0K0,ou0.000, exclusive of the postal
service. No estimates were given of
the amount needed for reducing the
debt u nd operating the postal service.
Must Continue Kiimomy -
The president told his audience,
made up of cabinet officials, and de
partmental executives, that they must
continue their efforts to decrease the
cost of government. Ho gave con
gress credit for supporting the budget
and declared that while the tax bur
den had been materially lightened, It
"is still with the people." .. t
"Back of the tireless, persistent
and drastic campaign for construc
tive economy In federal expenditure,"
declared Mr. Coolldge, "has been the
relief of the people of this nation
jfroin a great burden of taxation. It
lias neen successiui. j iixen iittvu ueen
tOnnttnusil on Vugm EHx
U. S. A. DEBT
E FEEL F
PARIS, June 23. (A. P.) It was
officially announced today that
l French operations for the evacuntion
J of the Ruhr will begin within a short
time. The announcement was made
after the council of mlnlsteis approv
ed the measures taken by the Paln
i leve government for the execution of
France's engKemen concerning the
Ruhr evacuation.
I It was explained later that this
tneans the evacuation of Kssen and
the fulfillment by tfw Painleve gov-
PRESIDENT FOR
IAX REDUCTION
AND ECONOMY
STATE ASKS
DEATH FOR
SHEPHERD
In Address to Jurv State At
torney Demanded Penalty
of Death for W. D. Shep
herd Defendant On Wit
ness Stand Denies Crime
State Refuses to Cross-Examine
Him. -
CHICAGO, Juno 23. (A. P.) Iu
almost the first words of Its" opening
address to the jury the state demanded
the death penalty for William D. Sfceb
herd, accused of the murder of William
McCllntock.
"It Is up to you, gentlemen of the
jury, to fix the punishment in this
case, 14 years to life Imprisonment,
life imprisonment or death," said
George K. Gorman, first assistant
state'B attorney.
"We contend, however, that this
murder was so brutal that there, is
but one penalty which would be proper
and that Is the death penulty."- .. '
Mrs. Shepherd burst luto tears when
Gorman said that she had been used 1
in Shepherd's plan to obtain the Mc
Cllntock fortune.
It was her first display of emotion
, since the trial started. She was hid
,den from the jury by a huge column.
I Mr. Gorman had not concluded his
fldloliriWIfl Until 10 A M tnmnvmtu
-CHICAGO, June 23. (A. P.)-Wll-
nam unning aiiepnera tooK tne wit
ness stand today to -strike the chief
blow in his defense of the charges
that lie used typhoid bacilli to slay
his millionaire foBter-son, William
I Nelson McCllntock.
A crowded room of spectators who
had fought for admission to this day
I of days of the five weeks of the trial
strulned forward tonsely us Shepherd
was culled. '
I A great mass of a man, wide and
or stocky build, curly iron grey ha'r,
IiIb face chalky white with Its prison
pallor. Shepherd ambled leisurely to
the witness box.
I Murder It Denied. '
1 '"Did you murder Billy McCllntock?"
asked William Scott Stewart, Shep
herd's chief counsel, after the usual
Identifying questions. -I
"I did not," Shepherd replied In a
firm, well modulated voice. The de
fense nttorney took Shepherd through
each charge in the Indictment of i!2
counts, covering the death of McClln
tock by poison, germs and ait "un
known manner."
In each instance the defendant
.answered a firm "I did not."
I In three minutes Shepherd'B general
denial of each and every accusation
against him had been formally en
tered and Stewart sat down with a
remark, "take the witness," to the
prosecution.
I The defense rested Its case at 2:30
P. M., after Shepherd was excused
from the wltuoss stand. - ,
No Cross-Examination. ' , '
The crosB-examlnatlon wad con
cluded In four minutes after the after
r.oon session was resumed. The pros
ecutor did not ask a question regard
ing the Illness or death of Billy Mc
Cllntock, nor query as to Falman,
Marchand, the letter Shepherd Ih
alleged to have written to Falman's
school or the school itself. -
Shepherd obviously was astonished
ns the prosecutor remarked: i
"That's all." . .-
The courtroom . was taken by sur
prise and gasped.
Kive minutes sufficed for nrrana'nn
the division of time for arguments
and George E. Gorman, first assistant
state's attorney, immediately began
the first of the arguments to the jurv.
It was agreed there would be no time
limit on the addresses to the Jury.
Gorman said he would talk about
three hours, however. He will be
(Continued on page two) '
1A
ernment of the engagements of th
preceding Herriot government ' 10:
evacuate the Ruhr territory by Aug
ust 1 & to tho line of Oberhausen,
Maulhnlm and Kettwlg. " ;.t,-.
Apparently the poicnl tension be
tween Germany and France has been
greatly relieved during the last Jew
weeks. A French paiilamentaiTan.
explaining the situation said:
"( Iir ninny Is the only country In
the world which Is not asking France
for something Just now."