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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (April 16, 1914)
ft " Mil 5fi) . it ; fa i ; : :g(;fteew;;" V Full ; Leased Wire Dispatches Today's News Printed Today SET i iJt -,9m; r, JrnjRSDAX ; THIRTY-SEVENTH YEAR. APS H 16, 1011. PRICK TWO CENTS. i"m2Dcm! HUERTA WILL SALUTE flag if mm PROMISE A NEI1HN DICTATOR BACKS DOWN FROM DEFIANT ATTITUDE WHEN UNITED STATES S HOWS ITS TEETH-COMPLI-ANEC WITH THE USUAL FORMS DOES NOT CON STITUTE RECOGNITION OF USURPER AS OFFICIAL HEAD OF MEXICAN GOVERNMENTAL AFFAIRS. BULLETIN'. Washington, April 16. President Wilson this afternoon instructed Charge d' Affaires O'Shaughnessy to tell President Hureta that lie accepts the latter 's offer to salute the American flag and that, In accordance with naval precedent, the United States ships will return the salute. This, it was stated, ends the crisis unless disapproval of ths agreement should come from Mexico or from tho United States congress. Washington, April 16. President Huerta of Moxlco, U willin; to salute the American flag on condition that the American ship? return the salute. Acting Chairman Stanley of the sen ate committee on foreign relations, ad mitted this afternoon that he had been "officially advised" that this answer to the United States' demands was transmitted to Charge d'Affalres O'Shaushnessy today. . "This stipulation," said SMvcly, "is merely a request that the usual forms lie complied with. Of course if the Mexicans salute we will salute in re turn. ' This, however, will not constitute recognition to Huerta ns head of a do jure government of Mexico. It is a recognition of only a do facto govern ment, just as our demand was n recog nition of a do facto government. "There is no de jure government in Mexico io recognize. "I suppose Huerta ' compliance with our demnnds will end the present nituutliin and leave matters where they were lief ore.. In fact, I can't think of any other wny in which the situation can work out if Huerta does what ho seemed today to intend doing." An Amsrican Backdown. The question whether the United Htates could return the Mexican salute without recognizing the Huerta govern ment thereby, was an acute one, how ever. Many influential men disagreed with Sonntor Shively. Senator Lodge was one of them. He contended that a return of theTinluto would be au Ameri can backdown. President Wilson indicated the ut most pleasure nt the way matters were shaping themselves. It could not be learned whether the original naval plans would be carried out but tho impression prevailed that Homo nt least of the ships on their way southward would be recalled if the flag were saluted before the reached Tampieo. It was believed others would be diverted to Gunntnamo, where they would be within striking distance of the Mexican coast in case of a fresh crisis. May Recognize Pactions. It was learned on administration authority that the government was con sidering steps tY prevent the rebels from getting more arms and ammuni tion from the I'nited (states. This was because some suspicion existed, despite the denial by constitutionalist leaders of any interest in Huerta 's troubles with America, thut the drastic action 1'residont Wilson is taking might re sult in a reconciliation of federals and rebels. Preparations were being made here todav to assist Americans in Mexico to Rebels Surround Federals Making Their San Pedro, Mexico, April 16. Sur-j rounucci Dy reoeis, tno last remnant ui President Hureta 's army f the north was making its last stpnd fight at JSenavides Station today.-- The federal force was reduced by the battle of San Tcdro from 12,000 to about 6,800 men but they were still resisting desperately. General Villa wps determined to exterminate them. He wa in personal charge of the rebel attack, had all his available troops in action and had sent for 3,000 more from Torreon. Runners from the scene of the en gagement reported it one of the fierc est of the rebellion. . They said the federals owopied a strong position and were defending it with reckless - determination. The rbel, however, were tightening the - cordon about them aBd it was declared they were cortain to be wiped out. ualessthey i surrendered.- There was o chance fori them thie tim. said wttnesse of. the! battle to slip throngh the rebels' line leave the country. Many women and children from the capital have already arrived in Tampieo. Of theso all who wish it will be brought north on tho steamship Esperanr.a. There has been considerable specula tion concerning America's policy should Admiral Badger, reaching Tampieo, find the rebels in control. This did not seem an improbability in view of tko fact that the federal gunbots Pro gresso and Zaragoza have left. The tiro from these two vessels has been tho main factor in keeping thet consti tutionalists out "so lorig and without them it was believed the city would be taken easily, In administration circles hero the im pression seemed to prevail thnt'the best thing to uo, if such a thing happened, would bo for the United States fleet to concentiato at Vera Cruz'nnd exact n salute there. Anti-American Peeling Strong. Anti-Ameiican feeling In Mexico is increasing dangerously, according to dispatches received by the state de partment today. Tho situation at the capital was reported very tonse. At Vera Cruz a crowd gathered about the United states consulate and hissed Consul Cinada. President Huerta 'a advisers were said to bo divided ns to the advisability of yielding to the Washington govern ment's demand for a saluto of the American flag. Many of them favored defiance, believing that it would drivo the rebels into a reconciliation with tho Mexico City regimo in resistance of the common enemy. Secretary of the Navy Daniels today ordered Assistant Secretary Kooscvelt, now in San Francisco, to take personal charge of the Pacifc fleet's movement in connection with the Mexican situa tion. He was intsructed to confer with Admiral Doylo at Mare Island. Dnniels' instructions were for the fleet to rendezvous at San Diego pre paratory to a mas movement toward Mexican waters. , Powers Keep Hands Off. . That the powers will continuo their nands-off policy in Mexico, leaving everything to the United Htates, be came known today through German Ambassador Count Von Bernstorrf. The count and. Secretary of Stato Bryan conferred this forenoon and Bryan went later to the white house. Badger Will Not Talk. On Board the Irnlted states Battle ship Arkansas, Ly wirelss via Cape itatterns, April 16. Under clearing skies the battleship fleet under Ad milar Badger was steaming southward today. (Continued on page 8.) Last Stand as they did at Torreon and San Pedro. According to General Ortega, among tho prisoners his men took when they captured San Pedro Monday .night were five American newspaper and magazine writers who had been accom panying tho federals. General Villa ordered that every consideration be shown them and they were held at a hacienda on . Lake Mayran, between San Pedro and Benavides Station. Since San Pedro's rapture 1,000 wounded have arrived from the scenes of the various battles and skirmishes fought in its vicinity. General Villa captured here 20 locomitires, 300- empty freight cars. 25 carloads of coal, eight of ice, 20 of water, 30 of ammunition,- 50 of cotton anil five - of - clothing and general merchandise. . He took also .11. canon in San. Pedro and dozen.- more which, 'the federals abandoned along the line of 'their re treat- - - - . Fifteen hundred federal' - prisoners have been taken tans far. 1ST 1 OUT IN THE $6,00010 IL FUND CASE Judge Galloway Overules De murer as Notes Are Not Money. OF NO CONSEQUENCE WHO HOLDS NOTES Land Board May Gain Posses sion at Discretion of Governor. As the $6,000,000 school fund notes held by Stute Treasurer T. B. Kay are not actual money but only representa tive of the irreducible funds secured by mortgages, Judge William Galloway this morning overruled tho demurrer of Treasurer Kay to tho complaint filed in the circuit court for Marion county by the State of Oregon in re lation 1o Oswald West, governor, and Ben W. Olcott, secretary of state, de manding possession of the notes. Judge Galloway held that it made no particular difference who held tho notes as they were held by mortgages that are recorded. In his 'opinion if tho school notes were actually destroyed, thero would be no loss as the niortgngo record would bo evidence thnt. the funds were in existonce. It wias all Vight for tho treasurer to have custody of them or for the stato land board. The school funds, how ever, cannot be deposited in any bank. Jn this case, the judge said that he passed merely on the law phase of the question and did not enter whatever into the fight between: tho governor and the-state treasurer,..- If the stats- board secures control of the notes dur ing this administration, ho said When the next one take offieo the notes may bo handed back to tho treasurer again. Judge Galloway's Decision, "In this case," said Judge Gallo way, ' ' the defendant interposes a de murrer, the principal grounds being the lack of legal capacity of plaintiff to bring this suit and that this court is without jurisdiction of tho subject matter involved. Article 8, Section 5 Constitution of Oregon, suys---"Tho Governor, Secretary of State and State Treasurer shall constitute a Board of Commissioners for tho sale of school and university lauds and for the in vestment of tho funds arising there from, and their powers and duties shall be such as may be prescribed by law"; "It follows that the State Land Board is a co ordinate branch of tho State Government and, therefore, has discretionary power in all matters not specifically prescribed by law. 'The State Land Board elects a clerk who shall give a bond fixed by the Board in an amount not lens than 5,000 for the faithful performance of his duties and specifically requiring him to turn over all money coming in to his hands to the State Treasurer, who 1s by law custodian of tho funds of the State, but- no where does the law provide Jhat the Treasurer shall be the custodian of these notes which are only the evidences of the educa tional funds of the State. The plain tiff is not asking possession of any of the funds or money of the educa tional funds of the tSate. . Educational Funds Excepted. "The Common School, Agricultural College and University funds and the investment and disposition" thereof is reserved from tho State Treasurer to the State Land Board exclusively, Sec. 2651, L. O. L. "The powers and duties of the State Treasurer are to receive and have charge of all moneys paid into the Sljate Treasury, to deposit same in solvent banks and to pay out as pro scribed by law, excepting, however, the educational funds of the State, which are reserved. "Every one of the 8000 or more notes involved is secured by mortgage of record in tho county where the loan is made anil it is purely a matter in the discretion of the State School .and Board where the notes are 4ept. The dotes in question may be de posited in the vaults of some bank and thii Court is not aware of any law restraining the action of the Board in the matter'of the custody of the notes, as' the State Land Board is a co-ordinate branch of the State Government and its discretions ami decisions are not subject to review by the courts. , "The demurrer will, therefore, be overruled." - WILL FURNISH MONKEY WITH PEEE " CHEWING. Eddie Maier announced today T that he haa purchased a monkey. The little beast will be the Venice baseDall clubs mascot. -Ho will wear the club uniform and be furnished free chewing tobseeo. 1 Huerta and Some of His . , . . Followers Who a!.v. : x Genera Huerta, as provisional president of Mexico, worsted In first clash with United States. ARE NOT GARBED IN SHOOTING CLOTHES "CHICKENS" DO NEW AND UN USUAL STEPS TO PATTER OF BIUDSHOT ON STAGE Portland, Or., April 16. Charged with disorderly conduct because, he added zip, zost and vigor to the terpsi choroan endeavors of the chorus girl on tho stage at the Lyric theatre by fu silading them with No. B birdshot, propelled from between his teeth with a toothpick, (!. L. Pruitt, star twiricr of tho Oakland Coast league team, faces trial in tho police court today. The stinging projectile caused the "pony" girls, clad in the usual light weight ballet costumes, to go through their dance with startling contortions, and with littlo regard for the rythm of the orchestra music. . Patrolman Howard, who made the arrest, declared tho 'girls were dancing like young pullets on the traditional hot griddle." Pruitt was released on his own recog nizance, pending trial. DOUGLAS COUNTY MAN IS MURDERED. Eoscbnrg, Or., April 16. Morrison Campbell, an aged resident of Clove land, 16 miles west of here surrendered to the sheriff at Roseburg today, saying that he had shot and killed John Becker, a neighbor, aged 32. Becker was found dead in a field early today but it was supposed that death had been from natural causes. Campbell's surrender was the first intimation that the officials had that Becker had come to an untimely end. Campbell said that he had quarreled with Becker and that the latter had seized him and started to drag him across a field. Refusing to release him Campbell aas he shot, the third bullet killing Becker. The Trover-Weigei Studio, opposite Bligh theater, for Kodak finishing and enlargements. Notice our new prices for this work. The Weather Fair tonight with heavy frost ex cept near- coast; Friday ' fair and warmer, westerly " j4"-4J ' winds. - Hum i Dfovr THIS 'Reconsider" ....... RACING OFFICIALS DEFY MILITIAMEN DECLARE THET WILL CARRY ON MEET ' DESPITE VOLLEYS OF STATE TROOPS YESTERDAY. TulHa, Okla., April 10. Undismayed by yosterday's demonstration, when two comaiiios of stato militiamon firod a volley of Bhots over tho heads of jockeys, officials of tho Tulsa Racing association declared today they would carry on the meeting despite Adjutant General Canbon and his troops. Can ton asserts he is acting under direct or ders from Governor Cruce, and they were to stop racing. "If the horses are led to tho track," said Canton today, "I shall order my men to shoot and kill. Tho horses will be shot down in their tracks, and it this happens tho race track officials will have no ouo to blame but them selves." MILITIA TO BE PUT ON WAR FOOTING OREGON NATIONAL GUARD WILL BE READY TO TAKE THE FIELD ON SHORT NOTICE Portland, Or., April 16. With tho admitted object of having tho Oregon national guard in position to take tho field on short notice, the general staff of the Oregon national guard hold a meeting in the office of Adjutant Gen eral Finzer today and approved the recently issued general ordors calling for the re-organization of the medical staff of the guard. This action was taken with the view of putting the guard on a war footing, a suggestion which it is said came direct from tho war department a short time ago. The general staff also docided to hold the coast artillery encampment June 12 to 24, dates which hare al ready been approved by the war de partment. SPANISH WAR VETERANS WOULD RETURN TO SERVICE Oregon. City, April 16. Fifty- three men of Oregon City, many of them Spanish war veterans, today signed a petition to the war department asking for serv- ice in the army in case of trouble with Mexico. Captain M. D. Phillips, - who served - with the '? :rola:aUm urin Spanish-American .wr,, was - the one i of the first signers. The petition is still being circulated. - Real Luck for Moneyless Man FAIR niGirWAYGIRL HANDS STARTLED VICTIM A KISS WHEN SHE FIND3 HIM 'BROKE." Los Angelos, Cal., April 16. Held up and kissed by a fair highwaygirl was tho startling experience reported to the police today by a citizen, who be came embarrassed and fled, without giving his name, when some one gig gled. "I waa walking along Central avenue about midnight," the citizen reported, "when a tiny girl in man's clothing stuck a gun in my lace, I stuck up my hands, but Bhe didn't find any money when she searched me, so she kissed me, and told me to run along home and toll my wife about it." Ton minutes later James O Tiara re forted that h-, too, had boon held up in the same block by a girl and robbed of 2.40 and a watx-h. The lady re turned the watch and 40 cents, romaik ing that ho might want a drink before going to bed. GANG OF REPUTED ROBBERS CAPTURED FIVE RUSSIANS IN CUSTODY ON CHARGE OF LOOTING BANK OF ELMA ON MARCH 28. Seattle, Wash., April 16. Sheriff Shelton Matthes, of Chohalia eounty, Is on his wny to Seattle today to take into custody five Russians arrested hero last night by Burns operatives and city de toctives, as tho mon who robbed tho Bank of Elma of ISOO on March 28. Threa of tho captives have been posi tively identified by E. L. France, cash ier of tho looted bank. Local operatives of the Burns detec tivo agency declare the gang was forced out of Russia, after many bold attempts on. tho life and proporty of citizens in thnt country. The gang was traced to Seattle, whero the tive members were captured in a room at 507 Seventh avenue. Dic tagraphs, planted by dotectives, slg nailed many bitter quarrels over the division of the spoils. It waj ttlo learned that the head of the gang hail turned heel on his fol lows, and with 1700 of the stolen coin, had fled to Now York. Ho embarked huriedly for Europe. A cablegram will cause his arrest at Liverpool. . GRAZING LANDS WERE NOT DISCUSED GOVERNOR SAYS THE QUESTION WAS NOT OPENED AT DENVER LANE BILL IS CONFUSED. A story in the Oregoninn, or, to be exact, a comunication to that paper, accuses Governor Woat of opposing the lousing of grazing lands in the state. The governor says tho writor was evi dently laboring under a mistakb, as the question of leasing grazing lands was not discussed at Donvor. Tho matter of leasing coal, oil, gas, potassium, borax ami such lands was up, and this was warmly supported by tho gover nor. This is known as the Lano bill, and was framed for the purpose of opening all lands to exploitation, and also providing for a revenue from the same, which will, in turn, bo givon to tho western states for tho purpose of reclaiming lands. Tho bill applies to Alnskn, ami will not only keep the titlo of such lands in tho genoral gov ernment, but will also furnish a per petual revenue, while, at the same time, permitting all such mineral lands to bo inado uso of and productive. STOLE HIS WIFE'S EAR TRUMPET GETS DIVORCE Los Angelos, Cal., April 16. "He stolo mr car trumpet, judge, and I could not hear a sound without it," complained Mrs. R. A Douglas, looking a divorce. She got it the divorce and 17.!)0 alimony, with the Custody or ner cnnii. Coxey-s "Second Invasion" Begun With Army of 200 Massilon, Ohio, April 10. Riding in a rickety old phaeton, drawn by a mulo, "General" Jacob 8. Coxey, at the head of 200 unemployed men, to day started on his long heralded trip to Washington. Hundreds of persous watched the start. A bannor attached to the mules harness read: "Jacob's ass. I am jobless and mortgaged. My owaer pays 8 per cent in advance every two moBths. The bank loaning him the money gets it from Uncle Sam at coat, and, betides, he pays bank interest on securities de pom ted for issuance money. -"I am pulling m7 owner to Wash ington to hare him granted the same privilegea." - Mrs. Coxey accocpanlod, h,or bus- JUDGE DISSOLVES I J T II PRINTERS' TAIIGLE Stato Printer Harris Now Un restricted at to His Em ployes in Plant. NOT DEPRIVED OF ANY LEGAL RIGHT Non-Union Men May Be Em ployed According to Deci sion Handed Down. As it was not shown that the con tract bet woe a Stato Printer R. A. Har ris and the Salem union regarding the employment of only members of the Sa lem union in the state printing plant was in existence and in force at the present time, and also bocause there was no Infringement of legal rights al leged by the parties plaintiff, Judge William UnJloway this morning dis solved tbo temporary injunction in the enso of W. C. Francis, ot al., against ( tins Schumann, Governor West, Treasurer Kay. Seeictary of State Ben W. Olcott and tho Salem printers' union, an action brought in the circuit court for Marion county to restrain the state printer from paying tho men in the state printing office. In dissolv ing the temporary injunction, Judge Calloway sustains tho demurrer intor- l... T:.i-!..t a n.. L l ti:. go, for the defendants. That tho employment of union men in the state printing plant is wholly discretionary with Stato Printer Har-, ris, is the opinion of Judgo Galloway. As long as the plaintiffs are not.d- - l - i i i .l. l I . .. citizens of Oregon, and are not dam aged, they have no Causo of action. If the employment of Sallem union men in tho stato printing plant had dona harm to them ami impaired their rights, then there) might be cause for action by tho court. Judjre Cites Example. Accordingly to the defense demur red on the ground that the plaintiffs had no civpacity to sue, that there was a defect of the parties plaintiff, and finally that there wore no facts al leged sufficient to constitute a causo of action. Judgo Galloway said it was like hav ing a job of spading in the garden to do, and there were two men to do it a white man and a black man. If his wifo did not like to have a black man around, she told him she proferred a white man, but left the actual matter of hiring to him. If he exercised his judgment and hired the whito man, he could not see any renson Ji"hy the black man hod any complaint coming, unless he had lost some of his public rights in tho matter. So it is in the present case, tho judgo declared. As long as 8tnte Printer Hnrria deprives no citi zen of his rights as such he may hire a Snllnm union man or not, just as ha pleases. Judgo Galloway granted the plain tiff ten days in which to file au amend ed complaint. Attorney Clark, of the1 law firm of Spencer & Clark, of Port land, representing the plaintiffs, gava notice that he would appeal the case to the supreme court. JOHNSON LEADS DOG RACE. Nome, Alaska, April 16. Less than 100 miles from Nome, John Johnson, tho record holder, ia leading "Scotty" Allen and Fred Ayre by about 23 miles, and is considered to have a safe lead in the All-Alaska sweepstakes dog race, for which a purse of 3000 Is hung up. , band. David Coxey, aged 11 years, their son, rode behind the phaeton on a poney. , ....... "Gen." James 8. Coxey, who was sixty years old today, believes ' is army will be increased along the line of march by many thousands more by the time the National Capital is reached. Other "divisions" were ex pected to start from different points at various times, to form a conjunction with the "main army" at Washing ton. The march is shceduled to be conducted like the famous one led by Coxey when Cleveland, was in the White House.. At that time Coxey got nothing but twenty -days in the work house on the ., technical, charge of "walking on the grass," in the .capitol grounds, j