Daily capital journal. (Salem, Or.) 1903-1919, September 23, 1915, Image 1

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VXJr II 116 L I II Bl II H 11 II II U7 T.t'' ii l- r s I II 11 I I I i tl II II il II II M II II II
Sinking of American Vessel William P. Frye Is Discussed
Freely In Official Note From Berlin-American Inter
pretation of Rules of Warfare Would Materially Cripple
Germany, It Is Contended, and No Change of Policy Is
Promised Pending Decision of Arbitration of Frye Case
By Duly Appointed Tribunal
Washington, Sept. 23. Germany hast
mstde concessions concerning attacks
upon American ships carrying condi
tional contraband. This developed to
day when the state department made
public the Berlin note on the sinking
ui the American vessel William P. Frye,
which, she had contended was subject to
;iltRek as carrying such goods.
Germany consents to nrbitrate the
Frye case, aud names experts to deter
mine the pecuniary loss, but does not
ru-knowledge that the sinking violated
any treaty. She suggests settlement 01
the latter dispute by arbitration ut The
Hague. ,
Germany's concessions were orders to
Jier commanders to allow ships thus la
den to proceed unmolested provided 'it
w.'ig impossible to tako them into port,
. America claimed should be done un
der an old Prussian-American treaty.
This was granted, (iermany said, as
mi evidence of her intention fo be con
ciliatory toward America.
Full Text of Note.
Ambassador Gerard reported to Sec
retary Lansing that ho had the follow
ing message from the foreign office:
"The undersigned has the honor to
lake the following reply to the note of
His Excellency, the American ambassa
dor dated the 13th ultimo, on the sub-
ject of claims for reparation for the
hi nking of the merchantman William 1.
Frye. ' "
"With regard first to the assertain
jnent of damage by experts, the imper
ial German government believes it
uliould dispense with the nomination
of an umpire. In cases of ascertainment
of damages hitherto arranged between
Germany and a neutral from similar
causes, the experts named have always
reached an agreement on the amount of
damage without difficulty; should it be
impossible, however, to reach au agree
ment on some point, this could probably
be settled by diplomatic negotiations.
"Assuming the American government
agrees to this, Germany names as its ex
pert Dr. Kepny, of iircmen, director of
the North German. -Lloyd; and begs to
uwait the designation of the American
"Germany declares it agrees to Amer
ica's proposal to separate the question
of indemnity from the question of inter
pretation of the I'russinn-Aniericnn
treaties of 1785, 1799 and 1828. There
fore it again expressly states that, in
making payment, it does not acknowl
edge violation of a treaty as the I'nited
i-itntfg contended, but it will admit
that settlement of the question of in
demnity does not prejudice arrangement
of differences of opinion concerning
interpretation of treaty rights and
that this dispute is left to be decided
by The Hague tribunal arbitration.
"Negotiations relating to signing of
Hie compromise provided by article 52
of The Hague arbitration convention
would best be conducted between the
foreign office and the American embiis
ey in view of difficulties in the way of
instructing the imperial German ambas
sador at Washington. In cane the Unit
ed States agrees, the foreign office is
prepared to submit to the embassy a
draft of such a compromise.
"America '8 inquiry s to whether
Germany will govern its naval opera
tions in accordance with the German or
American Interpretation of the treaties,
pending arbitral proceedings, has been
"urefully considered. From the Btaud-
Another Rood ttln about th' film
May is that th' celebrity toady can't
"ntertaio th' ttnr. When 'II somebud
dy produce a cantaloupe you don't have
pic out I
point of law and equity, it is not pre
vented, in its opinion, from proceeding
against American ships carrying contra
band until the question is settled by
arbitration. For Germany does not need
to depart from application of the gen
erally recognized rules of law govern; I
ing maritime war, such ns the declara
tion of London, unless, and insofar as,
an exception bnsed on a treaty, is estab
lished beyond doubt, in the case of the
present differences of opinion, such an
exception could not be taken to b
established except on the ground of an
arbitral award.
, "Moreover, the disadvantages to Ger
many which would ensue from the Am
erican interpretation would be so much
greater as to bo out of proportion to
those which the German interpretation
would entail for America. For where
as the American interpretation would
materially impede Germany in conduct
ing her warfare, liardly any particular
disadvantages to American citizens
would result from the German interpre
tation, sineo they would receive full
reparation for any property damage sus
tained. "Nevertheless Germany, in order to
furnish America with evidence of its
conciliatory attitude, lias ordered her
naval forces not to destroy American
merchantment carrying conditional con
traband even when tlio conditions of in
ternational law aTO present, but to per
mit them to continue' their voyage un
hindered if it is impossible to take them
to port. On the other hand, it must
reserve to itself the right to destroy
vessels carrying absolute contraband
whenever such destruction is permissi
ble, according to the provision of the
declaration of London.
(Signed "VON JAGOW."
Resolutions of Power Confer
ence Adopted Today Will
Reek With It
Portland, Or., Sept. 23. In the final
day's session of the water power con
ference of the Western States meeting
here the delegates nre working stoadily
toward the climax, which will come this
afternoon in the adoption of resolution
reeking with the doctrine of state don
trol and declaring for making the na
tional public, domain subject to emin
ent domain right by the states.
The resolutions of the majority, as
presented this morning by United
States Senator Keed Sinoot, of Utah,
chairman of the resolutions committee,
favor nothing but a declaratory act by
congress, which is in line with the de
sire of the water power interests for
no legislation and the granting of
water power rights in perpetuity to pri
vate interests.
Heading of formal papers was con
cluded this morning with those or
I'nited States Senator i lark or Wyom
ing and Frnnk 11. Short of California,
after which the resolutions werr
brought on the floor and general ueuaie
begun. Senator T. J. Walsh of Montana
presented (I minority report favoring
the federal control under the leasing
svstem, The minority report wis fav-
Washington, Sept. 23. President Wil-
son liss pructically Uecuieci io can no
extra session of the senate ou October
18, It was authoritatively learned today.
ited however, to proposals for amend-1 marine controversy is satisfactorily set
men t of the cloture rules and discussion tied and no new crisis looms the admin-
.,. ie hearlna on Central and ! istrntion believes the extra session la
, h ArnericaS wUllnni I ' sired by the senate. There will
BThe p-dent is now onvinced that' be no session of the house, however,
hJ,. l.Po danier that America will b. until It meets regularly in December,
dnwn Into He world war. He be- Senator Kern, majority leader of the
fleve. the f.ct that jingo speeches and! upper house, favor, an extra session ua-
inflammatory resolutions in the upper,
Rumania's Position Still Mat
ter of Uncertainty Serbia
Guards Frontier
Berlin, by wireless to Tucker
ton, N. J., Sept. 23. Premier
Rudoslavoff, of Bulgaria, in
formed members of the Liberal
party thnt Kumnnia had prom
ised Austria and Germany that
she would remain neutral, no
matter what happens iu the
Balkans, according to th Sofia
correspondent of the Tageblntt
Loudon, Sept. 23. Bulgaria and
Greece were brought nearer to war by
developments todnv, while Humuuia's
attitude wus seemingly in doubt.
Serbia replied to the Bulgarian mobil
ization maneuvers by moving two divis
ions within striking distance of the
frontier, ready for action on a mom
eut 's notice. Thou the commander of the
Serbian patrols warned the Bulgarians
thut uny trespass on Serbiun soil would
result seriously Jor the invaders,
view of the already strained relations
between the two countries.
Crown Prince Alexander plans to load
the Serbians if war results from the
seething Balkan situation. He has gone
to the Krnguyevutz headquarters for a
conference with army chiefs as to Ser
bia 8 military plans.
The Greek cubinot session continued
until after midnight. No reports of
its action had reached here eurly to
day to show what course had been tak
en toward the threatened war break. At
many places, it was reported that Greek
officers on leave had been ordered to
be ready to go to Athens immediately.
The Duke of Jlocnteuburg wus re
ported to bo en route to Bucharest
with Gerraun authorization to promise
important concessions to liumauia II
she would remuin neutral.
Despite the Bulgarian statement that
mobilization was meant merely as arm
ed neutrality, London wns extremely
pessimistic on this point, and believed
that, in fact, it was intended as pre
liminary to a far more serious move.
Bulgarians Are Called.
Berlin, via wireless to Tuckerton, N.
J., Sept. Si. Numerous mcn; subject
to military service, have left Germany
in response to Bulgaria's summons to
the colors. Vienna also reported that
thousands of Bulgarians are turning
Move Mobilization.
Athens, Wept. 23. A new mobiliza
tion decree promulgated by Czar Ferd
inand of Bulgaria, at midnight last
night called to the colors twenty-seven
classes of reserves.
Troops for Dardanelles.
Athens,-via Berlin, Sept.-23. One
hundred and ten thousand reinforce
ments arrived at the Dardanelles early
this week, it was learned here today.
This move may be the beginning of a
stronger campaign In too Dardanelles
region, in fact, mny mean that the allies
anticipate the center of hostilities Is to
be trnnferred to the Dnrdnnelles soon.
ored by four out of 12 members of the
.resolutions committee.
State Control Wins.
Portland, Ore., Sept. 2.1. The West
ern States Water Power conference thiH
afternoon by the vote of 20 to 7 passed
the resolutions recommended by the ma
jority of tho resolutions committee de
claring for stnto control of water power
resources and development. The resolu
tion expressed oppositioo to any policy
looking toward governmental owner
ship. The passage of the resolution was a
victory for those opposed to the Ferris
house will not endanger neutrality has
been firmly established.
An extra session however, depends
uppn international developments in the
next fortnight. 11 me iiermsu sun
less war ueve.op-.vu..
Can Lay Nine Foot Hard Sur
face On Roads As Cheaply
- As Macadam
Road , Districts Vote Special
Taxes To Try Hard Sur
facing In 1916
A total of 23,930 yards of paving put
down at a total cost of $15,933.(iS, or
approximately 07 cents per square yard
or $5,000 per mile for a 12 font road
bed, which price includes a royalty on
the plant of 15 cents per square yard.
If the 15 cent royally were deducted
and thcTe were added n cunt of four
cents per square yard to pay for over
head expenses and depreciation on the
plant the cost of paving would be
brought down to about $1,000 per mile.
Taking v the difference between the
9-foot road bed usually Inid for macad
am roads and the 14-l'out road bed Jaid
for paving the cost would be further re
duced to approximately the same ns for
macadamized road. The above fiiruret.
show that the Million county court has
been able to lay paved roads at the
same price ns for maeudnniized roads.
This is the record of the iMnrion county
court In the paving business.
This year has seen the first venture
of tho county court of this county in
the road paving Uniiif8s and other
county courts of tho state have been
watching the procedure with consider
able interest, -llicir interest is eusilv
explained when it is shown that the 2.2
miles of puveiuent put down this ycur
cost less than 07 cents per square yard
tor a pavement 2 12 inches thick, while
the Vknrrcu Construction company is to
day laying pavement two inches thick
for Multnomah eouMy at a contract'
price of $1.17 per squure yard, 5(1 cents
a yard more fur one iialf inch less of
pavement, nnd tins is the lowest con
tract price yet reported for the War
renite paving which is most like this
pavement laid by tho comity court on
the roads of this county this year.
ino warren lonstrnctlon company
has a patent on their pnvemeut and
this patent precludes all other compan
ies or concerns using rocks larger than
oue-hulf inch in diameter in the paving
mixture. The Marion county pavers
had no desire to infringe on the patent
rights of Worreuite so they used rock
smaller than one-half inch in diameter
aud from this size ou down to fine sand
All road men agree fiat the wearing
qualities of both pavements are the
same approximately though the cost of
laying the finer mixture is slightly
greater, about two cents per square
yard under most circumstnees,
While the Marion county court is
pleased with the showing made this
year they are satisfied that it can be
bettered in future years because they
huve a lot of materials on hand now
that need not be replaced, and the cost
of all of these materials and paving ma
chinery is included in the cost of the
paving this ycur. Again the hauls have
been greater this year because the coun
ty court desired to try the puving on
different kinds of roads.
The bookkeeping of the paving busi
ness of tho county this year, follows:
fl Total expenditure for paving including
all materiuls, lulior, royalty on plant,
and all other items, $10,177.70. Out of
this the county is credited with 0,000
gallons of oil nncd on tho roads not for
paving or 147.0rt worth, 30 barrels of
asphalt on hand. -W7; credits for small
jobs laid off roads, 224.0H, leaving a
total cost of ii H psrviug of 415,933.0)4.
From the state fair board was received
2,4S5.81, from the city of Salem H2.0H,
miscellaneous 10.53; court house drives
$1,604.0(1, making the total deductions
$3,013.40 and leaving $12,320.28 ns the
net cost of the paving ou the county
roads which whs 11,000 lineal feet or 2.2
miles of 14 foot paving am at a cost of
about $5,000 per mile.
The extra expenses of starting, such
(Continued on Pairs Bix.t
Oregon I Tonight
and 1 rldiiy un
settled, probubly
showers; souther
ly winds.
Suit Lake City, Utah, Sept. 23. In a
lust desperate effort to save Joseph
Itillstrom, "sweet singer" of the L W.
W. cause, from facing the States fir
ing squad October 1, Emma Goldman
noted New York "red" is reported to
day to be coming here for au appeal
direct to Governor Spry.
As the case now srnnds, however,
Hillstrom has but one chance to escape
paying the death penalty for the double
murder of J. G. Morrison, a grocer,
and his son, Arling, on the night of
.Tanunry 10. 1914. The police maintain
he killed them when they attempted to
frustrate a robbery by him
His one chnnce rests with a married
woman whom Hillstrom has persistently
shielded. He has claimed thnt the wound
ho carried which caused his conviction
was not the result of a duel with his
two alleged victims but that it wus in-
tlicted in the home of this mnrried wo
man. The pardon bonrd has suggested
that he give the woman's name solely to
American League.
H. 11. K.
Chicago 2 2
Washington I 4 1
Scott and Schnlk; Harper, Itoehliug
nnd Williums.
R. H. K.
(I S 1
5 7 2
and Stnnage; Sheehan
ii ml McAvov, Lapp.
Oldhnm replaced
First mime.
R. II. K.
4 8 2
5 1
Kgan; Wood,
Klupfer. Coiimbe and
Mays and Cady.
Second game. It. 11, l'j
Cleveland 2 5 2
ioton 0 7 1
Lieiiton, (,'olluiuoie and Kguu; Shore
tiinl Cudy.
r irst gume. K. U. L.
St. Louis 0 5 3
No v Vork .....I 10 0
Phillips, Hiynilton, Sot hern, Sisler
aud Knot, Scveroid; Mogridge nnd Al
exander. Second game 11. IL K
St. Louis 1 7 0
New York 5 0 1
lloff and Agnew; Markley and Sell
werdt. Weilman replaced lloff.
National League.
R. H. K.
Boston 4 5 0
Pittsburg H 12 1
Rudolph and Whaling; Mainiiiaux
and Gibson. Cooper replaced Mnni
ininiK. R. If. K.
Hroklyn 3 1
Cincinnati 2 5 1
Pfeffer and MeCarty; Toney and
Wingo. Leur replaced Toney.
First game R. II. R.
Philadelphia 5 H
Chicago 1 B 4
Alexander mid Burns; Adams, Schorr
and Archer.
Second game R. H. L.
Philadelphia - 0 0
Chicago 2 0 4
Kixcy and Burns; JJouglus ana ureg-
K. II. K.
New York 7 13 0
St. Louis 3 N 2
Tesreau and Meyers; Snllee, Meadows
and Snyder.
(Continued on Vtjti Five.)
Czar Ferdinand In Center
of European Affairs Now
jS'oie In view of tho momentous sit
uation in the llallians, Henry wood,
United Press stuff correspondent, who
has just reached Ijondon after spending
several months in the llalkaas, today
cabled tho following character picture
of Czar Ferdinand, who holds tho key
to tho Halknii crisis. Wood ont sev
eral weeks at Sofia, where he inter
viewed the Premier, and learned the
most intimate detail concerning Ferdin
and, By Henry Wood.
(I'nited Piess Staff Correspondent.)
tendon. Sent. 23. The eyes of
Kuropo are turned upon Czar Fin-din-
and the man of mystery, human eing-jhe would ride at the Head or ins armies
... '.... i ...i - i,.. rlv ii v..nr he, to Constantinople. Hut the second Hal-
ni amu .' . v ji V.
has lived in seclusion ut his castle at
Vrania, pondering over Ilulgaria's fu-
Will, di-n'mntlc swiftness, he 1ms now
emerged to mobilize his forces. i tunes hy bartering tirst wi n tne Kaiser
His next command may affect thelond then with the allies. Hut he reahz
future destinies of Kurope. H that he must mako no mistake, and
Reports from Kuropeau capitals have : therefore, it was as told, ho retired to
contained vague gi of what ha ponder the problem by himse f.
has locked in his breast. Army eom-j The czar hns German and trench
wanders hurrying to Sofia arid railways blood in bis voins.
carrying troops are indications which II. comos of the Saxe-Coburg-Gotha
apparently point to war. ' line; is an Austrian nobleman with vast
lint those familiar with tho condition : Hungarian estates. His queen is a
of affairs believe Czar Ferdinand alone German Princess. On the other hand
knows what Ilulgaria's next move will i his grandfather was Louis Philippe of
i " France. Tho cznr s first wifo was a
"O. . . ... .. ... ...I VmuI - b . all
Until a year ago he was a 1ovini,i nouroon am. uiu nwn .i ,
hail-fellow-well-met with friends i.y the his children were born of the first mar
li llion. lit received everyone, especial-' nage.
ly newspapermen. Hut there came a This family puzzle only Increase, the
sudden change. From the soul of open difficulty of guessing what is m the
eartedness, the czar became ft riddlejuiind ot the bulgariua spbiuz.
the prison warden, who would investi
gate, and has promised if his story
should be substantiated, to grant a full
and unconditional' pardon.
Regardless of his attorney's urging,
Hillstrom has refused to divulgo the wo
man 's identity and -will not consider
anything but a re-trial. The prisoner
is one of the most widely known mem
bers of the I. W. W. because of songs
he has written for the cause, many of
which are signed "Cf. Hill." These
attack employers, tho army and tho
navy. One of the best known is "The
White Slave," written to the tune of
"Meet Mo Tonight in Dreamland."
sMembcrs of his organization nre sus
pected of having threatened Governor
Spry with death if he did not save
Hillstrom from death. The executive's
mail has been flooded with threats and
appeals, but ho has persistently refused
to intervene, and Sns declared that
nothing will snvo the prisoner excep
tho woman's voluntary appearance to
substantiate Hillstrom 's claims.
BY A 111, HOI
German Admiralty Makes Re
port After Full Time of
By Carl W. Ackerman,
(United Press staff correspondent.)
Bcrliu, via The Hague, Sept. 23.
Tho admiralty today submitted to the
foreign office a memorandum, declaring
positively that no submarine sank the
liner Hesperian, Tho statement, how
ever, suggested tho possibility thut the
vessel struck a mino wliieli was iiitcnu
ed to destroy a submarine. The adniir
ultv stated that the last submarine
which was operating in the wur znno on
the day of tho Hespuiiuii explosion had
returned and reported.
Commanders of tho V boats reported
that there were many mines flonting in
tho Irish sen, tending to strengthen the
theory that the Hesporinu muy havo
foulod one of them.
The memorandum will probably be
embodied in a note to tho United States.
In somo quarters it was reported the
note had already been delivered to Am
bassador Gerard, but this could not be
"In these days of secret diplomacy,"
said Gerard, "If it had boon received
I would be unnblo to acknowledge it
The kuiser's intention to receive Ger
ard soon nftor returning from the east
ern front, is regarded as evidence of
his desire to arrange a speedy and
complete adjustment of Gorman-Amer-icaii
Philadelphia Ledger! On the day the
czar took control me Hussion press
bureau announced a groat victory.
Which suggests that tho czar took con-
! trol of the press bureau.
moro jiu..ling than and as silent us
the spliynx. He retired to his summer
castle at Vrania. There ho would see
none except the premier. Occasionally
he sent Crown Prince Iloris to Sofia
with messages. He recently made an
exception to his seclusion when he re
ceived the new German ambassador to
Constantinople, who brought an auto
graph letter from the kniscr.
(V.ur Ferdinand has nevet made a
sei iet. ot his ambition to bo the die
tutor of the ilnlkans. During the first
Itiilkan war he buw his star all but
reai'h its zenith. Unitarians paper
nvon described the wonderful white
horse with a priceless saddle, on which
,i i $ i.:. ..!. .,,!
nnu wr "i ' 1 1 1' - 1 'Jt '
he returned a disappointed ruler.
In the present war, Ferdinand saw
, a chance to retrieve his
nation s for-
Dvinsk Is Now Storm Center
Campaign On East
French Airmen Active la
Raids On German Munition
London, Sept. 23. Teuton and Slav
nro fighting a bloody duel for posses
sion of Pvinak, strategic railway cen
ter on the path to Riga and Petrograd.
The battle is now at close ranue. At
many points tho two armies are fight
ing it out witn tno nayonei, accomm
to tho official statement from t'.ie Pet-
roui-ad war office early today. This
announcement was interpreted here as
further proof that the Herman supply
of shells is decreasing, and that men
instead of ammunition must now ho
sacrificed in tho hope ut gaining a
victory over tho Russian hordo.
Many prisoners and a larae quantity
of arms, it was stilted, fell into the
Sluvs' hand during bitter battling for
possession of llirshalon, nortnwest ot
The kaiser's forces have met remark
ably strong resistance at ninny points.
WoBt of Motoclechuo, It was declared,'
tho two armies citnio to grips, and tho
Hussions occupied the village of Le
bedevo, capturing men and guns. Still
another village, Smorgna fell to tha
Slavs after a sharp bayonet battle.
Successes east of Llda, and east ot
the Oginski canal were also cluimed.
Close In On Dvlnsk.
llerlin, via London, Sept. 23. Ger
mans, closing in on Dvlnsk from tha
west, havo penetrated the Russian ad
vanco positions, taking 2122 prisoners,
the official stutoment said today. Tha
Slavs are now retiring upon the outer
defenses which the Germans have bom
barded since Sunday.
Princo Leopold's Ilavarinn forces
have captured several positions west of
This announcement was interpreted
as presaging the early capture of
Dvlnsk, an important point in con
nection with the supposed Teutonic am
bition to take Riga und perhaps drive
against Petrograd. '
Aviators Brought Down.
lierlin, via Loudon, Sept. 23. Four
French aviators wore brought down!
yesterday during the "greatest air
craft and artillery action along t.fe
entire front," according to officiul an
nouncement today.
Mine SliiVa Vessel.
London, Sept. 23. One member oT
tho crew of the British steamer (Iron
in'gen was killed when that vessel was
destroyed by a mino.
Allies Use False Markings,
llerlin, Sept. 23. Thut the allies are
using la I so markings on their aero
planes, as, it is cluiniod. they have done
with their ships, was charged in an of
ficial statement reporting an air at
tack on Ztuutgart. Four persons were
killed and a number of civilians and
soldiers wero wounded when enemy avi
ators, bearing German murks on their
machines, dropped bombs on tho city,
said the statement.
Hammering at Borbia.
Nish, Serbia, Sept. 23. Though the
Aiistro-Gerinaiis hammered at' Serbia
from tho principal points of tho Da
nube from Sunday, thoir fire was with
out military result, according to an of
ficial statement issued here at mid
night. This announced thnt the Teutons
kept up a steady artillery fire for four
Hours ami accoinpuiiicu n y viumu in
fantry and muchino gnu fire.
Blow Up Munition Depots.
Paris, Sept. 23. French batteries
blew up several German munition de
pots in the Champagne district lust
night the officiul communique reported
toduy. German artillery buttering ut
the French forces was silenced.
Germans were reported to have shell
ed the Rolinconrt sector. North and
south of Avre, the French fire was ex
tremely inteuse and effective. Heavy
urtiliery buttling is , proceeding at
Consulate Struck.
Washington, Sept. 23. The Ameri
can constitute at Stuttgart wus struck
by a fragment of a bomb in tho French
air raid over that city, but none of
thoso inside wero injured, according to
u report this afternoon from Consul
lliggius. He did not report
tent of tho damage.
tho ex-
Damage Munition Depot.
Amsterdam, Sept. 23. Allied air
men bombarded a submarine and mili
tary base at Hrngges on Sunday and
Monday nights, inflicting heavy dum
age, aud, it is reported, destroying a
German factory.