The Weather Medford Ma IL TRIBCWE Temperature 1 1 1 j; I ws.t y est nil a y 53 Lowest (his moniiutf 1!7 Pn-clpitnlioii To ." p. in. y ps ton lay T. To n. ni. hwlnv on Toi-rcast: Tonight and Wednesday, cloud)-. Warmer toulfilit. Twenty-Fifth Year MEDFORIX OliKCOX. TUESDAY. FKIJKTAKV No. :;r!,j. .11. TodayllGH COURT icavo nnnui Ed Schief felin's Grave. Tombstone's Bird Cage. The Biggest Grizzly. Chico Boca de Oro. Copyright King Feature! 8ynd, I no. k CIKXAGA lt.WC'ir, AKIZl'K D1STHICT, Northern Sonorii. Keb. Si. To ict here you come out of Mexico ut Noales, mill drive l.'iO miles, t-'oin back into Mexico from Southern Ari' zona through the border town of Xtico, whence this is wired. Before you reach Tombstone, Ariz., pronounced by the Mexi cans as "Tommy Stony," you see on the left n new pile of stones. Under the stone lies what, is left of Ed Schief f el in. Tombstone's father. Scliiei'felin came to this coun try, then ruled by bloodthirsty Apaches, in 1S77, following de tachments of I. S. soldiers, prospecting as lie came. Soon lie left the soldiers, who told him: "You'll find no gold, but you'll find your tombstone." lie did find gold, and silver ' and copper, and when the gold rush sUirted near his first loca tion he called it Tombstone. lie liked to wander and pros pect and tried to sell his strike for .$10,000. Xo one would buy. He worked it himself and then refused 1 ."iO.tlOO for it. He worked a while longer and sold out for $000,000, and he went, not to New York or Paris, but off again prospecting. That was his nature. Nineteen' years later in 1S!MS, vyhile prospee.ting far off, eas! of C'anyonville, Ore., he died, alone in the doorway of his lit tle cabin. Mis will read : " It is my wish, if convenient, to be buried in the dress of a prospector, my I ick and canteen with me, on top of Granite Hills about three miles westerly from the city of Tombstone, Ariz., and that n monument such as prospectors build when locating a minim; claim be built over my grave, and no oilier slab or iiinnunicnl be ere.-led. I'lider no cimini stancoS do I want In be buried in any graveyard or cemetery." lb; wanted freedom, dead or alive. There he lies with autoiuo biles rolling by, on the smooth hiuhway that his feet never knew, past the formal grave yard, with its neat fence, on the other side of the highway, and on to a "City of Tomb stone" that he would not rec ognize. Tombstone is civilized and dy iug. Xo cowboys shoot, no miners slap their bags of dust j (Continued on Pace Klchtl Abe Martin limn like to K'l Ituu cheap lie it it Mjincililn. nml his vlfe Imri, I !m-1 alMiut ho0lie pot tunc. I Vm-lc Mies Turner u hit by a' anio t'llay. hllo wua iMn-Jiij a girl La sweater. 1 1 ' i Ohio rium AW VA Eighteenth Amendment Up held in Government's Ap peal From New Jersey Ruling Justice Hughes Withdraws From Case. WASHINGTON. Feb. 24. (P) The supreme court today ruled persons convicted of violating the prohibition luws are exempt from prosecution under the internal rev enue law, Cor the same offense. NBWAllK, N. J., Feb. 21. (tf) Federal Judge WilllHin Clark re fused today lo comment on tlio de cision of the supreme court re versing Ilia opinion on the lSth amendment. WASHINGTON. Fell. 21. P) The IStli amendment wus sustain ed as valid today by the supreme court. Under the decision the govern ment will continue its efforts to en force the Volstead law. The ruling was handed down in the government's appeal from the decision of Federal Judge William Clark of New Jersey, who held the amendment invalid because im properly ratified. Judge Clark contended that lo be valid the amendment should have been submitted to state conven tions for ratification rutber than to state legislatures. This view tho court found untenable. Law Held Invalid When two men were brought to trial before Judge Clark on a charge of possessing and transport ing fid half barrels of beer, be (liiashed the indictment, holding the piohibition amendment invalid. He held its ratification by state legislatures was insufficient to make it effective. The government appealed at once. Chief Justice Hughes withdrew from the case, stating be would take . no part in Its decision be cause be had filed n brief in a pievious prohibition case which, iu bis judgment, disqualified him. Article Five Nub The controversy -turned on the Interpretation of Arliclu V of the Constitution, which provides that amendments shall be valid when ratified by the legislatures of thrco fourtbs of the stales or by conven tions in three-feints of the states, "as tlio one or I lie oilier mode of ratification may be proposed by congress." Judge Clark held the language should be construed as modified by "principles of political science and that such amendments could bo constitutionally ratified only by conventions in the states." Tho government contended the language of the article was entirely (Continued on Page 6, Story 1) I ON GRAIN RATE Appeal to Courts Planned if I. C. C. Persists in Order for Reduction Effective April 1. PORTLAND, on-.. Feb. M.tVi A Washington, L. '.. db'paleh to the Oregonlun cuys western railroads arc prepared to male h "determined fight" against the interstate commerce commit on order to reduce grain rales, effec tive April 1. "It is anticipated." the article sn.ys, "the railroads will appeal tit the eiturts if tiny do nut con- vlwc thr commission that rates , h"iil'l nut he lowered, and in ilu j court appeal the carrier aru ex-: pe ted to contend the commission j almst (I Us flifccrellon firimrariiy. The reduced rates ordered bv the i ommlpsion vlmild benefit grain prodwers and stork men of Orciiun. Washington and other western state. (ranted Tuo Ih-lay?. Twice the railroads have hern granted delays. firaln growers had hoped , they say, to be ahl to market their 1 crop under the new rales. The article continued "timong the reasons given l.y the western raiTien why they should have a rehearing ami prevent lb" opera -tlon of the lower rate are the howiiiK of revrnuen. . . , If the ..nlir in rnfnrrod mtv Die cirri A will reduce C venue $?.00.fool h ear. The petition fur rehear inn Hfertp thf nKKt cHte gros! revenues for 1 !30 showed a de crease of 14. 2 per cent us com pared with WESTERN RAILS GIRD FOR FIGH Students Swallow Toy Balloons For Campus Pin Money HAMILTON". X. Y., Fob. 1M. OV) Toy balloon swallow- 4 inn is paying -iu cents an hour at Colgate university. "There in an opportunity ! for students desirous of earn- lug in cents an hour to do so t f by aiding experiments now be I ing conducted by the Colgate physiology laboratory," Bays a 4 nolice in the latest issue of Iho Colgate Maroon, Htudcnt 4 nuwNpaper. 4 4 "The work, which will be 4 curried on iu conjunction with 4 some taste experiments, will 4 consist of swallowing a small 4- balloon with a tube attached.' 4 Senate Lobby Committee to Investigate Charge Un named Solon Receved Thousands From Sugar Company for Tariff. WASHINGTON. Feb. 121. (P) Chairman Caraway of the senate lobby committee announced today his committee will Investigate charges a senator received from $100,000 to S15O.UH0 from a sugar company while the tariff bill was before congress. The announcement followed de mands on the senate floor for in vestigation of a published story that the lobby committee had evi dence the money was given to an unnamed senator. The demands were made by Sen ators Horeh, Republican, Idaho; Robinson, Democrat, Arkansas, and Chairman Nye of the campaign funds investigating committee. Partial Probe Nye, in a statement earlier and on the senate flour, revealed his committee made; a partial investi gation of the charges, but turned the allegation and evidence over to the lobby committee when he became convinced It 'did not come within the jurisdiction of his in quiry. Nye said his committee had con cluded its investigation because of lack of Jurisdiction and not because It felt it had completed the inquiry. Caruway said his committee would make Us investigation im mediately and there would be no necessity for continuing its author ity beyond March 1, us nuggested In the senate. WASHINGTON. Feb. Senator lavls, Kcpuhlican, I'enn sylvania. former member of the Hoover. Coolldge and Harding cab inets, announced today he hud ask ed for a full Inquiry of the charges a senator hml received from $100,- 000 to $!5u,ooo from a sugar com pany. 4 MANILA. Feb. 24. UV) Hymns sung in the Tagalog language greeted Aimec Seuiplo Mel'herson. l.os Angeles evangelist, as she ar rived here today on her voyage around the world. The hyms were sung by more than 30 members of the Four Square Gospel mission established in Cavito by a Filipino who was said to have once served us her houseboy In Los Angeles. After the singing Mrs. Mcpher son delivered u short sermon. PARIS. Keb. 24 fPi Frank 1 lawks, American speed flier, to day was named America' "pre mier nvjiitor" for 1030 by the Intel national league of aviators. MAY BUY BIG SHEETS Ni;V YORK. Trb. I oVi Authorization to mc)I the Evening World, the Morning World, and the Sunday World to the Scrlpps ! toward newspaper Inter!!! for consolidation with the New York Teleitrnni, wan nuked In nominate 8 court today by attorneya repreHent hift Ralph, Joseph and Herbert Pulitzer. WILL PROBE HUGE BRIBE 10 SENATOR In Buckley Murder Trial i !')-! r iii I I'll V " Mf Two of the Uiree (leremluiils to fnci I rial for (he slaying: of Jerry lluck ley (upiiei' right), Detroit radio fiiiiiouucti', are T e il lMi&lno (left) it ml Joe Hoininaitlu (lower rh;ht). CHICAGO QUIETISI SIRS DURING HEAVY Mayoralty Fight and Ideal Weather Bring Out Voters One Fist Fight Only Ex citement. CHICAGO. Feb. 24. (p Tho heaviest and the iuict.es t primary election vote Chicago ever Iiuh seen was' Indicated today uh the citizenry swurmed to the polls, Tho vigorous campaign waged by Mayor William Hale Thompson, Judge John J. Lisle, and Alderman Arthur K. Albert for the Republic an nomination combined with ideal weather to bring out voters in un precedented numbers. A canvass of scattered precincts brought the estimate Lhut. nearly 400,000 ballots had been cast in the first four hours and the likelihood lhut the previous estimate of a 700.000 total vote would be fur sur passed. Orderly Ballot The balloting was as orderly as it was brisk. Tho thousands of poll watchers and dozens of roving police squads hud little to occupy their time. At 11 o'clock no ur rests hud been made. Two political workers enlivened mutters near one polling place with a list fight. A report to the clecllon commis sioners said a gang of armed men adtninhtcrcd a beating to Patrick (lines, an alderman's worker, while three women kicked and heat the sluggers. The latter fled ufter a crowd gathered. Police found things tranquil, the election Judges, professing to know nulhing Of the disturbance. IIOMA'WOUD, Cal.. Keb. 24. oPj Constance iiennett, Holly wood's newest star of films, was confined to bed today from an attack of Influenza. At Pnthe studio, where she re cently signed a contract culling for a salary of $3u,0u0 a week for five weeks, It wuh announced that work on a picture starring MhH Hennctt had been stopped. The actress' physician advised her to remain In bed at P-aH a week to prevent u possibility of pneumonia. HEART TROUBLES I'n RTLA N I), Feb. 2 4. UV) AssoeiateH of Henry I,, t 'orbett, president of tho Corbet t Invest ment company, revealed today that ho Is HcrioUKly ill at his home In Dunthorpe. Ho sufferer a heart atlaek Sunday, ('orbett was a candidate for governor In the .May primary. ( 'o r bet t a un the ski Ju m p -in? hill nt Mount Hood with bin wife hihI two children when the eizure oeetiired, Krlendu drove him to bin home Immediately and he has rdnre been confiQd to bed The uttack was the first he ever had. CITY BALLOTING FEARS PNEUMONIA' DENY DELAY FOR FILE PETITION FOR WAY Road From Blackwell Hill to Point On Jacksonville Ruch Route Before County Court. Petition for the establishment of the West Side highway, extend ing from he summit of IllackweU TillI to o' point on the Jacks'ouvllle Huch road, near the Hollywood or chard, wa filed with tho county clerk today by Karl H. Feb!. Tho petition will como up for first reading ut the regular meeting of the county court tomorrow and date fur the hearing ha been wt for Wednesday. April 8, The petition 1ft signed by about 73 property owners affected by the proposed new highway, and sev eral from Cranta I'j.k, also a num ber from sections of Jackson coun ty far removed from the territory traversed. Would Ik-mi Once. Tho proposed highway would tup iho west aide of -the valley and have hut ono bend in it, near the West Side Kehool. Proponents of tho roud seek to divert fomc of tho auto truffle from the beaten path Into this city and tap a section that hujj no ar terial highway. A meeting was held at th Oak (rave school the flrt of the month, when considerable sentiment was expressed for the construction of the road. The West Side highway has been under consideration for n couple of years and was pigeonholed when first broached. All the preliminary legal dotal! have, been completed, Including the poHting of three notlce along the proposed route. L DICTUdlT. Feb. 2 1. (IV Judge Kdward .1. Jefnies today denied tho state's motion for a 10-day adjournment of the trial of Ted Pizino, Joe Rommarilo and An gelo l.ivecihl, indicted for the claying of radio announcer Jerry liuckley last July. The Jndne an nounced that the trial would g't under way tomorrow morning. Tin adjournment was asked to allow time for the arrival In dc troit of tevera I important wil-ih'5-hcs who were out of the city. LOH ANCiFJ.KS. Feb. 24.- !V Astounding and thrilling tho crowds that were KUtbered for the show, Tex Rankin, famous Port land aviator, established a world record for oulddr loops yesterday when he completed 71 conseeut lve loops in HH minute!' over tho Oiand Central air terminal. The previous world record was held by I'm ut Mantz of Palo Alto, who made 4ti loop!) in three bonis. The day before. Dorothy Hester, also of Portland, established a wo men g record for outside looping wi;h five rirf lt. IN ROLL RECORDS FUND BILLS KNIFED BY COMMITTEE Nine Measures Voted Down By Ways and Means Group in Legislature Million Slash in College Appropriation Sought. SAl.KM. Feb. L' I. t.P Out of ! nine appropriation bills referred I to the ways and means committee and considered by that joint group of the house and senate last night j it voted to report i'a orably on 1 only one. i This wns a bill Introduced by I Senator t'harles Halt to change! the personnel of the state emcr- j gency board by removing from it the governor, the secretary "f frtato and the state treasurer, and substituting for them two repre-! sentatlvos and one senator. The president of the senate, the speak er of the house and tho two ways and means committee chairmen would remain on the hoard as at present. 1 Vow n on IV n Fund. The committee voted adversely on Jvcpresentutlve Herbert Cor don's bill to appropriate 170.000 for flreprooflng the penitentiary, and voted Instead to sponsor n bill to Install tin automatic sprinkling system In tho prison estimated 1" cost $10,000. Senator Charles K. Spuuldlng wanted to put In a bill to appropriate $ 1 t(i,r00 covering prison Improvements, but he was voted down. Senator SpauHHng said he had been informed that there were 2."p convicts who should be pa roled. "Why don't they parole them then?" Senator Straycr utdicd. "If (.overnor Meier or any other governor did that he would be recalled," said Kcprewntattvo An geil. Uitncr Tried It. "Roy Uitner tried It, nnd see what it did to him," said Senator SttijilcH. "And Ultner wuh right.'1 Hlll.i On which the contuillleo voted to recommend adversely were: For Spanish war veterans' bur ial ground iu Rivervlew cemetery, Portland, J 10.000. Measure authorizing the board of control to enter into offic " building leases In Portland. Hen net t hill authorizing state to print JTiO.OOO.OOO in currency. For hydro-electric survey at Tim Ua'les. Kft.OHO. For Hiirvey of Columbia river through Columbia. Valley luvioehi t'on, $.",0,000. Increase In salary of state in surance commission. For promotion of agricultural peUlcmunL by Portland chamber of commerce, $50,000. Hydro Hill Report. The commllleo will report out without recommendation a. bill providing Tor a $:.O.oao appropria tion to carry Into effect the hydro-electric commission and wate; power conservation bill, one of the administration power hills. Senator Fd Kehulnierich again appeared before the committee and urged that It cut $1,000,000 from tho reriUented appropriation, made throufth the stale board ot higher education, for the Univer sity of Oregon and Oregon Slate College. Hehiilmerich said the IumUiu tloiiH hud fulled to comply with tho law requiring them to make Itemized reports of expenditures ond reeelpl. Ho mentioned that the two liiMtltutions are asking this legislature, for a total of I6.iix.073. of which $:i,r,oo,ooo hi for salaries. (iet Rig Salaries. He said that the salary Item alone hud Increased over $1,500, ooo In the last six y?ars while tho student enrollment has de creased. He Maid that In HRSI Oregon State College hud 17G ln structorn and now has 3H1. Ha mentioned specifically tho domes tic science department. Tho head of tho department, he said, receives $5000 u year, with throe months' vacation, and that nho has nevon assistants. WASHINGTON. Feb. J I. ol'i The house Interstate commerce eommittco today approved the Parker resolution to authorize the Inters! ale commerce commission to InvortLlgalu all lutei'rttate trans portation concerns opera 1 1 ng in competition with railroads. The inquiry would be made- into coastwise tml inland waterway, mo tor bus. pipe linn and other ys tctiiH. It would be conducted with a view of determining whether any or H'ehouM be regulated. The eOTiiinliiHlou would be direct ed to make reeommcndatlonii with a view to bringing about legisla tion to control the competitive t transportation Tie! 11 Mrs. S). Fruit Trees or Better Creps in Mexican Region 4 TKXftH'n, Mexico. V1. J I. uV Kruit tre.s of the ne.trbj llucxoihi res nm which bom a por erop ilii year were sub- JecieJ td:iy to a severe lash iug, with the admonishment 4 that they do better next sea- son. fr Tlio peasants of the region believe that the trees reo,u;ro chastizing when tliey di) not bear well and they make the occasion the motive for gay festivities. . The whipping takes place 4 at exactly III a. m. 44 COAST SEES Higher Buying Power Sig nificantDepletion of In ventories Having Effect Lumber Orders Show 'Speculative' Growth. SAN" FRANCISCO. Feb. 21. (I) Signs that Pacific coast mer chandizing has been stimulated by depletion of invontorloH were seen in current business reports, the weekly Hllberllntj Research Corpo ration bulletin said today. A flightly higher buying power In tho coast statea was cited us sig nificant. I ocutlon of many new pluntu along the coast was noted us in dlcatliiK progress along industrial lines, particularly in manufactur lii for export. The importance of this lies in the possibility "f solution of tho cuust's economic problems Ki'uwlng' out of "exces slvo and poorly co-ordlnalcd pro duction, outside competition, and very low prices." I-a vo ret I Ily Resources. The Industrial expansion, Sil lier ling pointed out, was favored by abundant power and fuel, skill ed labor ami raw materials. Dif ficulties to which ' thoughtful con sideration" waa recommended were "inadequate facilities for securing capital; lou large a number ot unco-ordlnated small units; and the recent decline in const-to-coast shipping rales which If continued and extended to rail rates, may open tho door to wider eastern competition." In the I'aclfle northwest lum ber orders have Increased, but tho Improvement was called "specula tive" i-alher than fundamental. The ouliook for Scuttle wuh mixed and for Portland and Spokane, better. 4 E 10 BE SOUGHI La Grande Woman Enters Not Guilty Plea on Charge of Taking $112,000 City Funds. LA fJKAXDIi, Ore.. Feb. 2 1. tA'i Mrs. Kmma Fowler, for 10 years city treasurer of lit fJrundr, today entered a plea of not guilty to a chatKO of larceny of public funds. City officials declare her accounts are short approximately $1 12.000. Circuit Judge Hall 8. Lusk !" Portland, prcsudfng In the case, denied u defense motion to quash ;bo information and overruled n demurrer. Attorneys for M r Fuw ler an nounced th.-y will ri lo a motion asking for a change of venue on tho grounds that La Grande citi zens and residents of nearby com munities are prejudiced against the defendant. Arguments on the motion for a change of venue will be heard Saturday. Defense atlorneys said they ex pected to have an unountant In spect thu lily book!'. EUGENE THERMOMETERS DROP TO 26 DEGREES KtrCFNi:. Ore., Feb. 24. The low temperature mark of tho J season Whb tMjiinllcd here today when thu mercury dropped to tlio 26 dcuree mark. Only four other days have been as cold this seas on. The ground was white with frost. EXPANSION IN BUSINESS VENUE CHANG BY TREASURER EXCISE AND NTANGIBLE TAX VOTED House Passes Two of Major Taxation Measures Will Be Referred to People for Effect On 1930 Incomes, Under Plan. SALKM. Ore, Fob. 2 1. (II Thu house of rcraonlativcH today passed Iwu of the major taxation measures, with but one vote against one ot llieso bills. The bills passed were those providing for an excise tax on corporations at a rate of S per cent, and tho onn on intangibles incomes, nt S per cent. Allen Hynou of Multnomah county, protesting the high rato on intangibles itieomcH. voted against this tax. Following the passage of those two bills and eight minor ones, tho house then considered seven of tho joint ways and mteaus measures pro viding funds for various state de partments to the amount ot about $i'i00.000, all of which were passed. While the house wus thus engaged the senate, by indefinite postpone ment, was killing various bills ask ing appropriations of funds for dif ferent projects. Including the $100. 000 requested toward construction ot a memorial at t'hampoeg. Two Changes The excise tax bill provides for two changes, Kcprcscntntivo Halpli Hamilton stated. One change in creases tho rate of tax from 5 per cent to 8 per cent, and lowers the minimum foe from $-" to $10. Ham ilton stated the increased tax would not affect smaller corpora tions as much as It would Imukins institutions and stockholders. The intangibles tax rato wan placed at 8 per cunt, which is 'an increase over the old tax, declared unconstitutional, of 3 per cent. Hy lion stated that a 5 per cont rate would bo a fair levy on this "good will" tax, but that 8' por cent was loo high. Ho opposed tho bill. In iiituivrtt In itiiAMtlnhe .llmnH. ton litatod that another hill would be brought out referring the tax to tho pcoplo at a special election to make it effective on 1930 taxes. Appeal Old Tax ITc also stated tho tax commis sion was moving to appeal the caso of the old tax to tho United States supreme court, tho question to bo settled whether the state may re tain or must refund tho $1)00,000 collected under tho 11120 act. Under spoclal order of buslncso (he senate passed tho commercial fishing codo, providing for changes In tho present law, none of which was doclared major. Tho codo was previously passed by the houso.. Tho houso passed tho bill pro viding an excise tux of 18 centu a pound on oleomargarine, by a vote ot 51 to G. Those voting against tho measuro wero ICarl Bronangh, Allen Pynon, II. S. Deuel, J. B. Mc Court. J. N. Kcott and W. li. Stock dale. Tho bill was sponsored by tho dairy Industries of tho stuto. Budget Plan Lives Notwithstanding a unanimous ad verse report from tho senate and house ways and means committee the senato refused to kill by indefi nite postponement the Crawford llailcy bill which would pluco all suit sustaining state departments and activities on B budget basis. It would reuuiro thcV expenditures to bo limited to legislative appro priations. Senator J. 0. Ilalley declared tho bill tho most Important that bud bocn Introduced at this session, and Senator Jay II. Upton said it (Continued on Page C, Story 2) Will ROGERS 5oys: HKVliliLY IltlX.S, Cal., Feb. L'l. Tho Semite is trying to get Hie Wicker.slium euminiltec .to tell them where tliey Sol all t In-i t ilupe from. What tin: senale really otr.'hl to ask 'Oiii is where did yon (;ef your opirK ions from alter you iiatr.ru- epiveil nil v-nllt' ilnlin? Tfitt Inlritt tluek hill eonies up this Week.' A lame duck is a man that, didn't liriii It n ni c turmoil "loot" from the national treas ury to warrant liis re-election lint they let him stiiy there Uf months longer to see if ho won't reform and brinj? home at leasl a few postoffiee huild iue; or enough to widen l'oleont creek.