Medford mail tribune., July 02, 1925, Page 6, Image 6

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if . '
MEPFORD MATL TKlBtTNE, MEDFOnP. OREGON, THURSDAY, 'JULY 2, 1925 .:' '
PAGE SIX
Loeb-Leopold Judge. Gives Child
Grandmother Pleads for to Dancer
SEES BENEFIT TO
UNITED STATES IN
SUPREME COURT
I
IT
f
t
SALEM, Ore., July 2. The main
difference between the oplnlona writ- figures in hand Hhowinj? a $250,1)00,
'ten by former Justice M. L. IMpeH f 000 Hiirplus, for the fiscal year ended
,the Oregon supremo court and his sue- TueHday, trciiHury attention whh
cessor, Justice H. II. licit, fn the liquor turned today to a revision of cstl
case of the Btate against V. A. Me- mateH of receipU for the year now be
Danlel in that the JMpe opiinon cm-' winning. Onlem to review all of the
iuiusizeu me Beaieii unci seizure pnase
white the licit opinion niinlniizoH it.
. liy the PIpch opinion, banded down
. January 2 last, the court reversed the
lower court for Denton county whore
AlcDanlel whs convicted of linvfnK
liquor In his possession, .fly the Belt
onlnion, which followed u reheurlnK
of the case, the supreme court re-
versed Itself and upholds the lower
court,
Tho Pipes oiilnion hold that for an
.,. officer to search a man without a
( ' . search warrant, merely as an Incident
! aoni-cho,! ,, t ihn i'im. hn tnimiiv
f ! n prisoner of the officer. This opinion
1 1 field while an officer may make an "i"" J""""- "' """
t , arrest for a crime committed In his flBcnl y1' u,'e llkely thr.-roro to so
I I presence, he may not. without search nbovo ?1.710.00(i.000 which was the
j warrant previous to the arrest, search flKU,' calculated when the Inst l.ud
the person for Instrumentalities of tho el WM Bent lo consress. Customs
.crime. thoUKh haviiiK prolmble ennse revenue and miscellaneous tax re
H in lmliovo ilm ,,ni-nn hi., ihnm Tho ccipts also wero unusually liiuh and
I'lpes opinion held that n search with- officials arc convinced the surplus
out a serach warrant, to he leiful, must wlu'n Ulc current year ends next June,
follow and not precede the arrest and WM 1,0 materially IiIrIhm- than the
that mere restraint for purposes of the Previous esilmuto of $290,000,000. It
search la not an nrrest. i lB on lhlH surplus that tax reduction
Another point was drunkenness In must be based,
n public place, thouuh tho presence of. The close of tho fiscal year found
ofricers does not authorize them with- " surplus of $2r,0, 505,338. 33 after er
outi arrest or a search warrant to'pcnditure of J3. 258,440.00 of tho or-
sooch tho prisoner for llnunr. It Is
licld that where an officer without
search warrant pinioned n person's
nnns, without Htatcment as to arrost,
seurohed him nnd after finding lirjunr
on him Informed him that he would
arrest him for haviiiK Honor In his
f I jinssesslon, tho arrest Tollowed tho
" ! senrch, tho search was Illegal and the
evidence lllcKally ohtulnnd.
' An opposite view is takon by the
Bolt opinion In these words:
i "It Is argued that arrest fol-
( '' lowed and did not precede tho
I senrch. In our opinion ft is lm-
: mnlcrlal whether the arrest pro-
ceded or followod the search If
such acts were practically simul
taneous, and If. In fact the de
fendant was guilty of committing
a crime in tho presence of officers
S'j for which ho might have been
; . arrested. In many Inslunces It la
t dangerous for an officer to go
v i through tho formality of statlnK
" j Hint I ho accused is under arrest,
I j and tho law dons not require him
', , to do so. It Is oftentimes safer to
(.1 not first and talk nflnrward."
I ' The Holt opinion says further that
I "in the Instant case tho defendant was
' , evidence of his crime was admlssahlo
to establish his milH, nnd tho court rov, and these measures, together ' agriculture says.
rred in holding tho fearcli nnd Hetzur With the recently ordered reorganlza-! During the forepart "f the week
unlawful, but since tho ruling favored jton 0f enforcement on land, ho be- ending June 30. precipitation In Ore
tho defendant ho is in no position to , u, ;VPH ...in nnahle tlie treasoi-v to umi was limited 'to local . showera
Complain.
Another point of difference In tho
' opinion is this:
, , The Pipes opinion holds that the
, fact that a deputy sheriff "smelled
", whisky on tho defendant's hrcath;
that his ovorennt wns hutloncd awry;
that his face was flushed." was int
evidence that the imtn h'M lienor In
Ills possession. "They (the officers)
wero wilting to arrest tho defendant
to answer for tho crime of huvlnff
liquor in his possession when they
.could produce no direct, evldenco to
support It." says the opinion.
On tho other hand, the Holt opinion
.Jiolds that the officers, from personal
vVKnowledKO Knlnod through their souhos
had tho rlKht to draw tho ruasonahlo
Inference that tho defendant had In
toxicating Honor In his possession nnd
that ho was nttomptlnK to drive an
'Rittomohllc while in a drunken condl-C-lldn.
'
-H Tho Bolt opinion holds that without
t flight he was commlttiuK a crime in
the presence of tho officers for which
thev had leual rlht to mako arrest
without n warrant, nnd tlto rUht of
Benrch followed as an incldont thereto.
E
OPEN DEBT TALK
I PARIS, July 2. (A. P.) It Is un
derstood that the French government
(, v Js soon to inform tho United HtuU's
o Its desire to open negotiations In
lAVashington for settlement of the
French debt.
Instructions to this effect may be
5 sent by Foreign Minister
J shortly to AI. Daeschner. the
Hrland
French
unuiassauor in . asuingion.
i Anxious consideration is being given
at the foreign office and ministry of
.finance as to what can specifically be
proposed or nccepteil.
The ndvisers to tho foreign minister
do not appear to have reached their
conclusions as yet but it is recog
nized that both tho A nieilcan and
British debts must be arranged as part
; of tho French government's program
: to stabilize the country's finances this
: autumn. .
jj Cotton Drops 91 a Halo.
XKW YOKK, July U. (A.
Cotton prices broke J2.&0 to
bnlr today on publication of
government report. The flgureH
1M
a
the
were
much la rgor t ban expected and pre
cipitated heavy general soiling. Ooto
her broke to 2.'i.S cents a pound and
leeeniher to 2:1.
j c.i bine t nirel hig tod.ty Premier M u-
NEW (Uil.KANM. July 2. A. P.)jsollni denied (luit leln negotiations
October cotton broke ItlL points, with the Potted states have been
or approximately fr a bale today on ifroken off. lie said conferences will
receipt of the census bureau's con-( continue 'in the present, or in some
dltfon and acreage report, which other form."
proved much latffer than traders had
expected.
"
The epsence of a fruitful medical I
iractfee is convalescence, J
WASHINGTON, July 2 With final
flureH in detail were Isnued by Under
Hoerolnry Winwton.
The i-e-vunipinff .of calculations was
"""!" --y th;'' "'',c'
tlcally nil Hems of receipt for the past
yrur exceeded expectations,' Much of
the excess thus resulting came In re
ceipts from taxes" paid in March and
Junf ,Vr"8hr.H wh.,18
ns definite indication of the trend to
be developed in the fiscal year now
started.
Income tax receipts, amounllnt; to
I $1,7110,000,000 were $100,000,000
i Rrpnlor than had been estimated. The
ho"el Prevails at the treasury that re- .
dinary receipts, which totalled 3,-
i 780,148,1184.42-.
The surplus, nearly four times tho
! amount forecast last October, is not
available for tax. reduction purposes
this year, having been used to lower
'the nubile debt. Secretary Motion's
Btatenient of tho treasury's condi
tion mid that only the annual sur
jiIuh expected In . future years could
he used as the, margin available for
tax reduction.
Treasury officials offered no ex
planation for tho increase in sur
plus voer earlier estimates, but others
believed improved business condi
tions, together with lowering of hui
taxes last year, were largely respon
sible. Use of tlie surplus and funds from
other prescribed sources reduced tho
public' dnbt $74.1,01!), 14)5. &) to a total
or $20,51 U. l3aRK7.UO.
IMaiH of the treasury for a more
offoctlvo enforcement uf the prohi
bition law were described In M r.
Melton's statement us rapidly Hear
ing completion. Ho reviewed efforts
to keop smuggled liquor out of tho
country by means of treaties with
various foreign noun trios and uso of
the coast guard to blockado rum
ninUo the Volstead law moro effec
live
U, S. A: TEACHERS
E
DAYTON, Tonn., July 2. (A. P.)
Tho town of Dayton was agog to
day over a puhlltrficd chargo of "pub
licity seeking," and lis repudiation
In connection with tho trial of John
T. Heopes, teacher, to test tho Ten
nessee anti-evolution law. Dr. Ceorgo
W. Itapplcyea, original prosecutor of
Scopes, declared to the Associated
1'renH that a published report which
un id that be had instigated the evolu
tion charges for publicity purposes
was without foundation of truth.
"While I originated tho case and
served at first as prosecutor In tho
matter, I did it with n0 ulterior
motive, " Dr. llappleyea said. "My
only object in the matter was to
hrlng about a test of tho evolution
law."
The report, which Is refuted by
Dr. Itapplcyea was not handled by
the Associated Press.
Action today by the merlcan Fed
eration of Teachers, on a resolution
denouncing tho Tennessee law was a
mutter of concern here. This docu
ment is quoted as saying In part:
"In certain parts of the United
States, teaching as a constructive
social function has been menaced
and may be menaced again by mis
guided legislative authority which
teats to trust the devotion to duty to
lea chert whose desire it Is to serve
the people by tialnlng children for
Intelligent citizenship.
"The Lusk reactionary school lews
in the state of New York abolished
In Ua;i. after a trial of two years,
the (ti-een law of California, proposed
In msi, and dealing with the mat
ter of eitntrolllng tho opinion of
teachers, as well as numerous bills
in several states that have been de
signed to censor the writing niu th
teaching of history in school nil
reflect the watae unfortunate sus
picion and Mdslrust of educational
intelligence. which the 'Tennessee
untt-evolution law conveys." I
Debt Meet Not llivketi Off,
littMK, July (A P.l At n
The old roller towel.
i tic grimy, run lowei.
The bonrding house towel
Tmi hung on tho wall,
The grimy, roll tou'eT,
,Jt J-JL
Can a cabaret sinise-r and dancer he a ff:)od ' mother? - Judge John R.
Cavorly, who presided in tho Loch-Leopold- trial in Chicago, thought so,
and awarded custody of Catherine Meddler, 13, to Florence Whitman,
shown above. Catherine mother, dyins, asked that Mins Whitman adopt
tho girj as her own. Catherine's grandmother, Mrs. K. 1J. Gray, Quanah,
Texao, jbumtflit 'to take the child from tho dancor. , .
OREGON BENEFIT
10 STATE CHOPS
PORTLAND, Ore., July 2, (A, )
In- general the- hot wontber of last
week had a beneficial effect, un, riueji-,
ing crops, the weekly report Issued to-
, day ly tho local weather bureau of
'the United Htates department of
whllo previous records lor hCat wore.
Itrokcn in many localities.
Tho bureau's report says the high
temperature was particularly favor-
aoie to corn wmrh began to mad
rapid growth, and caused rrtpld ripen
ing of winter grain and of early
spring grain in the milder localities.
Winter grain was probably not ma-
terlally injured by the heat but spring I
... .... . ?' hl
grain in some localities Buffered con
siderablo damaf;c
Much spring grain would be mater
ially benefitted by rain. i I a r vest of
winter
wheat and barley Is in pro -
groHs in the n.lhlor Ho,tl,,nH.
rruitit: Strawberries bec une scarce
in market us a result of the extreme
'heat. Itaspberrles and loganberries
aro ripening rapidly.
Cherries are being marketed. Ap
plet are sizing well, but were Injured
by heat in some localities. Sumo early
peaches are in market In southern
counties.
Meadows, pastures and ranges:
Haying progressed rapidly ;iinder fa
vorable conditions. Some 'second crop
alfalfa has been cut in ' Umatilla
county and the first cutting has been
begun in Deschutes county. Pas
tures and ranges are drying rapidly
but aro generally furnishing sufficient
feed.
.Livestock: Stock Is generally doing
woll, though there are u .few com
plaints of decreasing milk production.
Some grass fed beef Is In market.
Miscellaneous: New potatoes hrc
plentiful hi market. Planting of late
potatoes continues. (J aril ens gener
ally need .ain. Hops have been laid
by In some localities. Flux is rather
short. There is short delay In the
planting of broccoli.
This is a day of Individualism
including the individual drinking cup,
towel, toothbrush and hairbrush.
Tonight I
For Dessert, I
Have 1
Jr Easy to make K
quick cool dainty, . I
and Qoodl 1
IfcwPREB .fC'a'U
NGLAND DOESN'T
LIKE U S IDEA OF
CHINESE PARLEY
LONDON, July 2. (A. P.) The
roclinw . la- official circled hera with
regard to Anioric.an suggestions for
consideration of extra territorial
righttt in China is that tho time Is
scarcely ripe to take up that question
iri view of the Tact that a Chinese
"government" Js virtually non oxlst
ant at present. Officials point out,
however, that tfreat Britain, as well
as other sigtuiiorics of the Washing
ton agreement.'nvill he eager to attend
a coiil'e.rnneft to discuss tho suhinct.
bnt'iiot until tho disturbed situation
in China is clnnrnd
CANTON, July 2. (A. P.) A new
government for southern China was
formed here yesterday by the forces
L) III,U;V I'u.iuu v,u, uu.
Tho new civil governor. Wu Hon-
Mln, Is known for his bolshevik pro-
olivines, as is Lieu Chang-Hoi, min-
lister of finance in the new regime, j
, ,.,,.,.,, ti- ,lit,4 n,,. !
I ministry of communications. Tim'
i ,, ,in j t.i . .i.. '
secretary of foreign affairs,
All forolKn eontiiils here, excRptins
tlie British nnd French, were invited
to a reception held by tho now gov-'
eminent.
Tho ElritiRh have not yet presonted'
demands expected to be made againHt
tho Chinese ttdministration here. It
was reported that demands made by
tho Kronen government were returned
nnanrwerod by the Chinese officials.
A parade, for which arrangements
wore made by Chinese yesterday, was
culled off. -
There Is a general feeling here "that
further trouble will occur.
TEe End Is Near
FORD TOURING GARS
We have three in good condition for
S75.00each.
Mason Motor Co,
FORD SEDAN
i ':.:.'.,!,. .
New rubber, self starter, mechanically
t perfect, for S295.00
Mason Motor -Co, ; .
BUICK TOURING
New paint, A-l rubber,, good condi-,
tion, S450.00.
Mason Motor Co.
c
Mason Motor Co.
NEW YORK, July 2. (A. P.) A
most desirable- effect of Uncle Sam's
new immigration has been its gift to
the people of the opportunity lo get
acquainted, Commissioner Henry H.
Curran said today when asked to sum
up the resUlts of one year's-operation
of the Immigration law of 1924. !
At 1 2:01 a. m., occurred tho second
birthday of that statute with Its radi
cally restrictive quota provisions and
other features new in the; history of
American effort to i control the great
flow of immigration.
The quietness In the executive wing
of the immigration headquarters in
Kltis Island typified the situation
throughout the broadflung buildings.
The landing stage was empty and a
scant half score anxious relatives held
seats where formerly surged stifling
crowds.
'The fruits of this national breath
ing spell might not be immediately ap
parent to the casual observer," the
commissioner said, "but they already
, are being seen by those closely in
.touch with the problem and. the har
jVeat will accumulate steadily."
A marked improvement in quality
of immigrants was the chief effect
'noted by Mr." Curran In the flow
through Ellis Island, which handles
half of the. 1.000 a day admittances
! authorized under the existing quotn.
("Not only are the Individuals of a
j higher type, but they are generally
younger than, in the old open-door
days and therefore, of great asslmila
hility and larger economic value to
the country."
Mr. Curran said , tho present net
quota of 300,000 should be ample for a
period of years .while tho business of
"becoming acquainted" was In prog
ress throughout the nation.
A visitor making a return trip to
Ellis Island today after a lapse of
(several years would have difficulty In
recogniJng it as the principal receiv
ing point for alien disembarkations:,
: The long corridors betWeen the
'screened stalls were prnctically empty
'and in tho visiting "pens" only a small
rgroup indicated the business of exam
ining applicants for admission still
was in progress.
, . In, contrast with the past daily av
erage of several thousands of tempo
rarily detained, there were about 200
on the books of the bureau nnd long
rows of cots were empty in the white
corridored marine hospital.
Special Edition
Ashland Tidings
Honor New Hotel
The Ashland Tidings of July 1
contains 12 pages, describing the new
eight-story Lithia Springs hotel,
which was dedicated last night. It
is a very creditable edition and nt
only contains full description of the
hotel a.n,d splendid , pictures of tho
same, but several columns of adver
tising by the merchants, professional
men and citizens of Ashland in the
way of a welcome to the new enter
prise. ,
You Can Get Most
Ahy Old Thing at :
DE VOE'S
Most Any Old Time.
Always Room to Park
Your Car.
436 W. Main Phi. 122-R
Try this recipe from, the Frye Meat Guide and
prove for yourself that Frj'e "Delicious"' BET
TER CURING does mean better flavor.
Broiled Bacon WUh Codfish Cream
8 thin slices Frye's Delicious Bacon
t-A lb. boneless salt codfish chunks
2 cups milk 2 eggs
o Iai.aI tahl.nnonn floUT ' ' '
FRYE'8
, MEAT GUIDE
contalna also com
plete Instructions
for the choice and
cutting of all
meat. Gladly mail
ed by Frye & Co.,
Seattle, on receipt
of 2c to cover
postage.
liams
Everything The Name Implies" ,25-us
Once just a Summer
unsurpassed
. 'HE modern oil-cookstove.
vith its
cient speed-burners, perfected
ovens and broilers, heat con
trol, simplicity of parts, etc.,
gives you city cookstovc service any- .
where, and (he ycar-Va' No mussy i
, fires to tend noiseless, simple, safe!
But remember, there's a tig differ
ence in kerosene and that the efficiency
of your ojlrboRStpve depends very
largclyo'n the kerosene you use.
"Pearl Oil" means the "test" oil
for oil cookstoves and heaters. It is
refined and re-rcfined that's why it's
cleaner-burning, delivers flame that's
all beat and why it won't corrode the
metal parts of your equipment Enjoy
your oil cookstove to the utmost
, bcyou order "Pearl Oil" by name
; -" STANDARD OIL COMPANY
(California) .
PEARL
OIL
(KEROSENE)
Save For Thkt
Opportunity!
There is nothing you ran do or have
that -will put you more, quicklj- or more
strongly in a position when a business
ehance comes up to say, "Yes, I'll do
it," than a Savings Account in this
Hank.
Make. '..regular deposits here and vou
will have a cash reserve that.will enable
yo,u to grasp opportunity when it comes.
First National Bank
Medford, Oregon
i Interest Paid on Time Deposits
IS
inc.
1 teaspoon minced parsley or onion
Shrecfoodfish, oov.er with eold wtr, het
slowly to boiling point, drln, oover with
eold water again, and almmer 20 minuta.
Fry bacon till delloato brown. 8tlr flour In
to baoon drippings, add milk, baatlng until
smooth. Pour back In skillet, .heat again
until egg barely "sets," than pour Into hot
serving dish and garnish wHh bacon and
slices of sweet, raw onion sprinkled with
paprika. .. , Vl
necessity Now
tor all-year cooking!
wonderfully effi
for.
HEAT
and
LIGHT
4