Unlverw'tv Lllvr.ry Co nr, I-uaeiK!, Orcp.Dn Published Dally at , KLAMATH FALLS "An Empire Awakening" LET US MAKE 1926 THE BANNER YEAH FOR THIS SECTION Associated Press Leased Wire Eighteenth Year Number 57(!0 KLAMATH FALLS, OREGON. THURSDAY. FEBRUARY 18, 1926 PRICE FIVE CENTS DISTRICT WINNER IN CONTROVERSY over cornier Word of Decisive Victory wired Here by, Charles Wood Eberlein SECTION 38 MODIFIED Construction Charges on Project May Now be Paid on Crop Returns A doclolvo victory win scored Into yesterday In Washington I). ('. by Ik Klmnntli Irrigation dlmrlct, a Victory which anauru I tm cunsiim mutlon of tho operation and mainte nance com rod In uccarduneo with the lorm or tint itltilrlct. Word of (ho victory wax rocalvud (till morning from Charles Wood Eberloln. following conference at lb natlon'i capital ylrdav, with V. 8. Senator Robert N. Btmifleld. Congroasman N. J. Hlnnott, lt'cla nation Commissioner Elwood Mead nd Assistant Reclamation Couiml lonor I. W. Dint. (iovrrtimrnt ('onrrdro I'ollit Mr. Mead and Mr. Dent agroed that aoctlon 38 of the O. & M. eon- tract, tho aoctlon Hint-tho Klamath district would not tolerate should bo tnodlflod. Tha objectionable sec Uon 38 would havo forcod tba dl trlct to waive all Ita claim to power rlshta and also Ita protest of con trol of water of upper Klamath lake, by tha California Orngon Power company. It was agroed that this atlpulatlon ahould not ba Included In tho contract and that tho question of power and wator right of tho dlitrlct ahould bo (otltod In a court of law. Ilrmove Deadlock Tbo concealon by Mead and Dent remove a deadlock over the O. ft M. contract which lia existed . bo twon tho dlitrlct and government alnco tho Inception of tho contract. It Iniurc tho early ronaummation of tbo contract, which will mean that tho farmer will handlo their own affair on the project and which will alio them to pay tholr own con struction charges to tho government on tb reasonable basl of five por cant of the grow crop return, an nually. In addition, tho government offi cial and loglalatora approved the moratorium, by which constriction cbargea would bo deferred for a num ber of year, until tha farmer are tn a hotter position to moot their fl nanclal obligation to "tho govern mont. NEUTRALITY LAW SAN ANTONIO, Tox Fob. 18. Bight indlctinont charging viola tion of tho nontrallty laws by con gplrncy to not on foot an export! tlon ngalnHt tho Unltod States of Muxlco, ware returned by tho feder al grand jury. Tho Indictment naiuo Mexican political refugee now In this country. Names of those Indicted wero bo ing withheld until arreeta wero made but Tha Associated Press, loarnod that two of tho tflght wore promln c,nt revolutionists. At 8 p, m, only one, R, Esparta Miirtlnoi, had been arrosted. Arraigned beforo tho Unit ed Statos commissioner, ho waived lioarlng and hi bond was set at 32500. Tho Indictments charged violation of aoctlon 37 of tho penal coda. Shooting Maniac Brings Terror to Omaha Residents Omaha. Nob. Fob. 18. () Police said today that a mnnlno O who 'ha Bproad terror In a certain Omahn neighborhood bondorljig tho d'owntown dls- trkt shot and klllod Dr. A. 4 S Saarles, Omaha specialist last night. ' , Dr. Soarles Vns found ahot to doatb. In 111 office this morn- Ing. Sovoral people In Omaha O have been . hit by mysterious 4 bullot. Dr. Sonrlos l tho see- 4 ond victim to bo fatally struck 4 BROKEN, CLAIM Jail Riot "Amusement" Says Head Of State Penitentiary . 200 Pearl Found in Oyster, by Cop on Chicago Force CII1CA0O, Fob. 18. (!') Cele brating hi n Ik la off, John McDuily, a traffic rop, dined on oyster. .Sud denly he bolted from tho restau rant. Walter thought h bad gone to cull tha wagon, kwenr out war rant or something. llul hu ruiiio bark shortly, smll Itig gleiifully. A Jeweler had Juil told him Ilia pnurl he found (n the oven was worth 200. lie ordered another doneii. CALIFORNIA RII BY Southern Towns all Report Tremor; Schools Close; Water Main Breaks SANTA DARIIAItA, Cal., Feb. 18. (A") A nhurp earthquake wa ox- perlen.ed note ut 10:18 this mrn- liif!, laatiiig about flro se.'oudi. No dnmngo done, no far a re ported, although tbo shark wa evero enough to atop oomo clock. Tho ahock wis aliio foil at Carpln- lerUi and Vontura. Tie ahock wa not sufficient boro to throw down any of tho wall racked by the quako of Juno 29, although quite hn:p. Children wero marched out of schools but thore wa no sem blance of panic. Ba far a reported not a window In ' tho city ' wa broken bjr tho hock and chimney wo.-o undam aged. Tho esIons of lie school Ibat woro temporarily Interrupted will be tesuinod this afternoon. A water main In the Southern Poclfl rouud-'ouao wa broken ly the shako. The old Mission, In procos of repair from damage of tho for- mor ahock, wa not Injurod today. L03 ANGELES. Calif.. Fob. 18. (P) An earthquake cf nearly minute' duration about 10:18 thl morning wa felt along the coast Una boo a con Santa Barbara and Los Angeles, the ouly damago re ported being tha throwing out of Southorn California Kdlion com pnny ewltcb.es at Satlccy, ton mllos from Vontiii'a. VENTURA. Calif.. Fob. 18. (IP) An earthquake lasting half a mln uto was folt boro at 10:30 o'clock this morning. No. dumajto was to ported. SANTA MONICA, Feb. 13. OT A allgUt but distinct earthquake was fell horo at 10:18 a. m. TELL STORY OF L . PORTLAND, Ore- Fob. 18. (P) Tho dramatic Btory of tho soisun by tho coast guard cutter Algon quin of tho Canadian sehooncr Pos cawha off tho Washington const February 3, 1925, after tho Pcsca who had rcscitod tho crew of tho watorloggod American schoonor Cao ba, was told In fedoral court today at tho trial of Captain Rohort Pam phlet of tho Canadian craft. Captain ramphlot and mombors of his crow ore charged with con spiracy to vlolnto tho American liquor and customs laws. Assistant United States Attorney Joseph O. Stearns, Jr., in his Btntj ment to tho Jury revlowod tho Inci dents of the chase and salzuro ot the Poscawha. Hum running operations In tho Columbia rlvor were described by Stoams, who doclarod liquor hand led In tlioso operations was brought. In .from tho I'escnwha, a fast gaso line boat. .; , He dlsclosod that .Claronco Lorov1, who oporntod, a ferry at Kalumn, and who has already pleaded guilty but has not been sontencad, would ho ouo of tho chief witnesses tor tba govorumont, QUAKES WITH K OE IQUOR CATCH Prisoners' Fund will be tap ped to Pay for Dishes Broken in Fracas $1200 Earned in Annual Show May be all Spent in Buying Crockery i i i SALEM, Ore., Kel). IS W Convict et tbo state penitentiary will themselves pay for the damage done In' the dining room riot Tues day night. Doubtless the prisoners expected to get considerable amuse ment out of flinging catsup bottles at the unarmed guards, ricocheting teacup across Ilia floor and tubles. and breaking up the furniture, bu It wan anything else than amusement by tho tlmo several had been wound od by bullets from a reinforcement of armed guards and sent to ,the hospital. However. Warden Lllllo said today that ho will consider tb riot a part of tho convicts' amuse- imwt program for tha year and pay for tha damage out of the prisoners' amusement fund. Tho amusement fund is created mainly by tha annual prison show which runs a week each year, and which had a successful week's run In January. It netted about 31200 Just how much of this will be needed to pay for the damage has (Continued On I'ngo Six) Announce Plans For Program At Fremont School Wives of . Board Mem bers Act as Host . esses .Outline ot a , pro?, am to ba g.'vtu Friday uftornoon at the Fremont school is- announced today by Mrs. Leslie Itcgers, chairman of tae com mittee In charge of arrangements. Hostesses fcr tJe afteraoon will bo wives of school board memba-s. Mrs. Lesllo Rogers, Mrs. Clarenrei' Underwood. Mrs. O. A. Mussoy and! Mrs. Oscar Shlvo. Assisting In showing those In terested about tho school will bo! Mrs. J. P. Wells, Mrs. Fred Olovar,' Mrs. Henry Orlmcs, Mrs. Ray Reed, Miss Augusta Parker and Miss Ida Momyer. Miss Parker Is principal ; of the Central school, Mis Momyer district clerk. The program to bo prosonted from 4 to 5 will bo oa follows: Piano Solo Mrs. Pied Cofer. Vocal Solo--Ellzubeth Sanders. Reading Eda Jones. Piano Solo Mrs. Russoll A. AU3 - tin. Vccal Solo Mrs. Francis R. Olds. Plans aie now under way, accord-1 watch in Tecognitlon of hla wire Ing to Mrs. Rogers, for on informal . less story he sent describing the dedication to take place Sunday rescue of tho crew of the Antlnoe in afternoon at the new school. mld-Atlantlc last month. ' National Woman's Party Peeved As Davis ; : Approves Ruling Barring English Countess; WASHINGTON, Fob. 18. fl") j Tho door to the United States Is closed to tho Countess ot Cathoart because sho olopod sovoral yoars ago wllh tho Earl of Craven, leav ing a husband in England. The oplsode, admitted by the count ess, has brought Into action against her Iho "moral turpitude" provision of tho Immigration law and Secre tary Davis of tha labor department has ordered hor excluded from this country. Tho secretary rendered his docls lon last night atlor considering tho relations ot tho board ot rovlow that heard pleas in her behalf by her counsel and others interested In hor cano. Mr. Dnvls declared I Is decision was mandatory undor Hit law and that it loft him no exorcise of discretion. ' ' ' Ono all m clinnch to got Into this country rcmnltiB to Countess Vera, now hold nt Ellis Island. Itor. at torneys plan to roquost of Now York courts a writ of hnhens cor pus, which if issued, would cause n i review of the law and might grant tha countess permission to enter under bond. Exclusion of tho countess is not tho first caso ot the aort, .Sotfro- 40 Missing in wake of utah slide i 36 Bodies Arc Found by Rescuers; 100 Miners Seeking Dead BINGHAM. Utah, Feb. 18. (By The Associated Press.) With a , force cf more than 100 men at work,' a systcmaticjsearch of the de bris at the foot of Sap Gulch began this morning under the direct supervision of Frank A. Wardlaw, superintendent of the Utah-Deleware Min ing company. In this way It Is hoped to recover the bodies of those still unaccounted for In the snow slide which yesterday took a known toll of 35 lives. Ap proximately 40 others aro missing. Twelvo other survivors are In the hospital and more than a score of others received first aid 'treatment. At 9:55 o'clock1 tho body of an un identified man was taken from tho debris. This Is the first body recov ered since 10:4$ last night. Beginning at -the bottom of the gulch, tho debris Is being moved a shovelful at a . time. Splintered boards tho remain of what was once the home of n score of families (Continued on P Four) OLIVER MOfiOSCO KRUPT NEW YORK. Feb. 18. (P) Oliver Morosco, theatrical and mo tion picture producer, filed an in voluntary petition in bankruptcy in the federal court today. Ho listed his liabilities at $1,043,000 and assets nt"J200. NEW YORK, Feb. 18. (fP) Cop- tain Georgo Fried, tommander of tho steamship President Roosevelt ' Was greeted today as an h:aorarjr staff reporter of the Associated Press and presented with a sold CAPTAIN Gil! AWARD Lord Craven, In Canada, tary Davis declared, adding that he( parture from New York to Montrc was bound to decide tho question! ait B3 n cowardly act. Tho countess solely on the evidence submitted. The National .Women's party. which had urged admission of the visitor, followed 'announcement of tho decision with a protest, against the exclusion "as an official recog nition of a douulo moral standard which women are determined to do- stroy in our social system and which thoy cqrtnlnly will not tolerate In our government ' MONTREAL, . Fob. . 18. () "I have only to sny that if it amuses soma people to sojourn on a rather Isolated llttlo Island In mid-winter, with tho ginw of New York so near and yet so fur, thoy are welcome to it," sold tho Earl of Craven to day. Tho earl returned late last' night from n hurried visit to Ottu- s "Personally." ho added. "! am blt ot un cplcuro. ' Moreover, It nlnaans mn more to be able to watch tho- manipulations of the United Statos Immigration officials from a distance" The stntemont was- nindo from n retort attributed to Countess Cath- cart which criticised tho carl's de Aluminum Trust To Punishment Department of Justice Can not Act, View of Inves tigating Solon Says Senate Committee will be in Error if Mellon Probe is Begun WASHINGTON, Feb. 18. (P) After full Investigation the depart ment of Justice has reached the con clusion that contempt proceedings aguinst the Aluminum Company of America cannot by any possibility he sucresKfully maintained. The announcement was made to day by Chairman Cummings of the senate Judiciary committee, In a min ority report opposing the senate In vestigation as to whether the alumin um company Jn which Secretary Mel lon Is a largo stockholder, has violat ed federal court decrees of 1912. Senator Cummings said the de partment "was In possession of all tbo Information known, or believed to exist, Including not only every thing that was available to the fed eral trade commission, but also many items of information not submitted to the commission." "After carcfuliy considering the entire case - and exhausting every available source of Information," Senator Cummina said, "the dopart (Contlnucil on Tne Two) . Work Opens In Mines As Strike Ends Half Year of Idleness Comes to Close Today " SCRASTpyj, Tebr MT'isr'iG?)--Mining was resumed' In the anthra cite region today ' when the vast army of underground tollers return ed to.thelr Jobs after being idle for more than five months because of the strike. Thousands of workers thronged around, the shafts of the different coal companies everywhere In the hard coal fields et 6 a. m., at which hour the cages began lowering their loads ot human freight to the bowels of the earth and began the actual production ot anthracite. ' the first since the strike went into effect Sep tember 1. i Some coal was hoisted to tbe col lieries and run through tho chutes at 7 o clock this morning. Tne coot was mined by shifts that went to . work in tho mines last night, I . Tho whole region became active as the mine whistles "blew this morn ing tor the first time in nearly halt a year and thousands of workers en tered the pits in compliance with the five year pact formally signed here yesterday afternoon by tho Joint committee ot operators and miners. Says He s Happy is now on Ellis Island,' New York, undor an order ot deportation, and a warrant is out In tho United States for the enrl, the authorities betas idcslrous of questioning his connec tion with tho Incidont for which tho countess was barred from entry. The earl declared ho was not re sponsible for what was being said about him, and added;' "I have de- forrod up to now from really ex pressing my views on such sayings, and have tried to koep quiet for tho sako of my wife. Sho is not nt nil well. This is the reason I am not bringing things to a head." He Raid he had no intention cf returning to Rermuda by way of tho Unltod States. 'But," ho added, I would like to know if In fifty n! years' tlmo.l will bo allowod to en- tor my molhor's country," supposing I should wish to enter, or whether I nm excluded for keeps." Tho early said he was more than sorry for the Countess of Cnthcart, .who has been put In a predlcameat "which no decent woman ought ever - , to have bcou subjected to." Not Subject For ContemptM Snow Storm and Lightning Mix in Eastern Blizzard KANSAS CITY. Mo., Fob. 18. OP) Flashes of lightning through the falling snow, with muffled peals of thunder from a hpavlly clouded sky. was a weather phenomenon ob served here till morning. The worst blizzard of the year is raging throughout the northwest part of Missouri and northeast Kansas to day. High drifts on the highways have resulted In a total cessation of vehicular traffic, while several of tho trains are reported stalled. - PORTLAND JUBY FINDS OFFICERS II.S.L C. D fU'a ' A I State rrohlbltion Agents are ; Found Guilty of Federal Liquor Rule Breach PORTLAND, Ore., Feb. 18. (Jf) Arthur Cbrlstensen, Robert Smith and A. C. Smith, special state pro hibition agents, were found guilty' of conspiracy to violate tbe federal i liquor laws in a verdict read today in federal court. They were ac quitted on charges of possession, transportation and sale of liquor. -The verdict was reached at 7:40 p. m. yesterday, and sealed. It was read hy Federal Judge Wolverton when' conn opened today.; Tha, Jury h&CT ipeirrfwd and a hair weeks lis tening to the evidence and argu ments.'' - , All the defendants still- maintain their complete innocence. Elton Watkins. defense counsel. discussing the verdict said "They found these boys gnllty of conspiracy and not guilty of the' $35,000 and 140,000. things that went" to make up the! Beetle control operations will be conspiracy. ! carried on as In tho past. . Tho in- "For example, they found them ' tested trees will be felled, the bark -not - guilty of the sale of liquor, I stripped then piled alongside the which the government claimed was trunk and burned. While expensive; one of the chief parts ot the con spiracy. "Had it not been for the. testimony regarding the sale, I fait to seaj what they would havo based any: conspiracy on. ; "Also, they found them not gnllty , of possession, whereas the govern ment tried to, show that they had possession of this liquor and after ward tried to sell it." . A crowded court room listened wimout a souna wnue me vera.ci was read. Chrlstensen was affected but the Smith brothers showed no emotion. Johnson Smith, former warden of the state ponitentlary and father of two of the defendants, was in tho court room. Watklns 'was granted ten days iu which to prepare a motion for a new trial. No sentence will be passed before the motion is dis posed of. . .- STATE BULLETIN F SALEM, Ore., Feb. 18. (JP) If J. D. Mlckle,' state dairy and !xd commissioner, wants to continue publishing tho quarterly bulletin re quired by. law ot his department, he will have to ossk tho stato emer gency board for fnnd3 according to an opinion of Attorney Ceneftl Van Winkle. The special budget Item i- ih.i ni-.io,i -Hi- rviv. ernor Pler:e- following tho 1925 session. ' DE.MPSKY 1tOXK.lt SLAIN RICHMOND, Va., Feb.. 18. IP) Ralph Brooks, '20, of Wichita, Kan sas, sparring partuer of Jack Demp sey, died In a hospital here today of a bullet wound In the head which riotectlves said was self inflicted. The officers Bald they learned that Li. IV. t l.-nnna fcorl Ills Bwuumaiu iu nauntn Jilted' him. ; SHORT 0 MONEY 10,000 TREES TO CUT IN 1926 AS BEETLE CHECK: Kimball Announces Details of Plan to bring Scourage ' to an End i , OPEN CAMP SATURDAY Weyerhaeuser, Long Bell and Oshkosh Firms Out- : line Plans for Season Ten thousand pino trees of Klam ath in the Spencer creek water shed will be sacrificed this year by three lumber concerns in a desper ate effort to clamp out a serious infostatlon of pine beetles, It wa announced today by J. F. Kimball, local representative of the Weyer haeuser Timber company. Tbe three concerns are the Weyerhaeuser Tlm- oer company, the Long Bell Lum ber company and the. Osbkosh Lum ber company. A pine lieetlo control camp, comi posed of 20 -men and In charge of Ernest Buck, will commence control work Saturday and will . continue throughout the Bprlng. "In the near future a second camp will be cstab lished and If neceasary a third con trol camp will be started In the spring. ' - , . Between $20,000 and $30,000 wilt be expended by tho lumber concerns , which own all the timber In th.; ' Spencer creek district directly af- fected by the' pine beetle Infestation. The. area is between 12,000 end. 15.000 acres and comprises one. at the finest stands of plna timber n Klamath.' ' "v "It Is a particularly bad Infesta tion.'.' Mr. Kimball explained today. "The three lumber companies, fol lowing, s rect-nt yBfere.nce, decided to 'jointly f liiance a control 'project which it is hoped will stem .the tide of pine beetles In that section." .: It Is estimated that tbe 10.000 tree that must, be cut reproseut be tween eight and ten million board feet of timber. At $4 a thousand the Btumpage would cost betwoen government research has failed to provide a more suitable method of i control. . . .. L MEET , . . . . PORTLAND. Ore.. Fob. 18. (JPV Problems of advertising and retail ing were considered at the 23rd an nual Institute of the Western Retail Lumbermen's association, which opened here today. Means of getting the manufacturers and retailers to gether in an advertl-jlng program ru-r-Antlv nrinntMt hv tlm mnnnfacturei's were considered. President Herbert A. Templelon of Portland and Secretary A, L. Por ter of Spokane made their reports, this morning. C. D. Hudson. Spokane, and Henry L. Potter, Portland, are to discuss business getting methods. F. Dean Prescott of Fresno, Calif., Is to siietk this afternoon on certi fied materials: Earl J. Clado, Salt Lake City, on why a homo should bo built of wood, and C. W. (Iambic of Boise, Idaho, and W. C." Deerlng. Portland, on cost accounUnr,. Henry Ford Buys , Smithy's Outfit BRIDGE, Mass. , Fob. 18. (JP) g ' Heary Ford has bought Longfellow's village smithy. The Detroit manufanturor plans to add tie old Taft blacksmith ahop on ..Chestnut Hill to his collection of Now England buildings and. lmplo- ments In tho vicinity ot Way- side Inn nt- Sudbury. v . Tho shop was built In 1787 by Japhet Taft. . . . Hen-ry W. Long follow was In- spired by seeing Taft bofor the forgo to wrlto his famous A n ... . 1 , O, , .."- - ' K LUIERIN III ANNUA