Daily capital journal. (Salem, Or.) 1903-1919, February 21, 1919, Image 1

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Only Circulation in Salem Goar
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Circulations
FULL LEASED WIRE
DISPATCHES
SPECIAL WILLAMETTE VAL
LEY NEWS 8EKYICB
Weaker Report
Oregon: Tonight and Sator-
day fair east, probably rain
sic west portion; moderate south-
erly .winds.
T?VTnlI(i,frifp,lf
FORTY-SECOND YEAR NO. 38.
SALEM, OREGON, FRIDAY, FEBRUARY 21, 1919.
PRICE TWO CENTS
OK TRAINS AND XEW
8TANDB FIVE CEXTS
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Sill DHT WIT
i FAHIIF ROSTOV TA1 Et
Recognizes Resolution Introduced By Illinois Sen.
r To Be Retaliation For Wilson's Request That
egress Retrain From Discussing Society. Of Na
jfct Until After White House Dinner. Borah De
Ms Popular Vote On Big Peace Question.
Washington, Feb. 21. A resolution
icquosting President Wilson not to
discuss the league of nations at Bos
ton' was introduced in the senate to
day Iby Senator Sherman, republican,
flllinois.
The resolution sets forth that "it is
it ho belief of tho senate that public,
discussion by the president of the
xtiaft of tho league of nations consti
tution before consulting the foreign
relations committees of tho house and
senate nd communicating to them all
naterial facts in his possession, is un
'wise, undiplomatic and calculated to
(promote discoid and misunderstanding
lotwoen the treatymaking powers."
The president "is requested not to
discuss the treaty until he has talked
Jo the committees and to congress."
Tho preamble of tho measuro says
.1ho senate is as much a part of the
treaty making power aa the president
nd that it so far has not bean taken
into his confidence respecting the
league.
Sherman intends to speak on his res
olution later. It wa3 generally regard
cd in the senate as retaliation for the
(president's request that congress ret
rfrain from discussing tho leaguo until
' sifter tfci white house dinner.
Borah Asks People '8 oVte
Senator 'Borah today demanded
the American people be given a vote
on tho. league of nations, coiisytutioji
(before the government binds itself un
ider the compact.
In a speech to tho senato (Borah
warned that if tho people are not now
.afforded this opportunity to express
tthnir unclouded opinion, "they wilt
itnko the opportunity later to speak
-their mind."
"This plan involves, in my opinion,
vi change in our constitution. Thai
kind of question should be submitted
directly to the people. We, their agents
have 710 authority to decido it for
ihem. If we do decide it, wo will as
sume a greater responsibility than we
ought,
"A referendum involves difficulties,
I hnow, but they are not insurmount
able and iby no means comparable with
tho importance of being right and in
harmony with the people. Tho league
iconnot succeed unless it has behind it
the intelligent and sustained . public
tipiniou of tho people of this nation.
"I concedo the right of tho people
to make euch changes as they see fit,
upon full information a .to the facts.
Hint when a radical departuro from
established policy is proposed, I am
ure even the advocates of this plan
will agree that the people's voice
t-hould be heard."
FOCH TO U. S. IN MAY
Phoenix, Ariz., Feb. 21. Marshall
Ferdinand Foch, allied generalissimo,
will visit tho United States in May,
.lames A. Flaherty, supremo grand
knight of the Knights of Columbus de
clared here today.
Flaherty is in
Arizona visitiae
Knights of Columbus lodges.
Indo-es - 1
Articles of incorporation of the Peo
ple's Public Market, with a eariitial of
$r0,000, were filed at Astoria Monday.
ABE MARTIN
Pink'-y Kerr, life long Democrat, has
li ft th' party an' joined th Mc-Kinlcvlat
Club volley ball team as he's dinsatis-thall has seatg for only 7300 at the most,
fied with Wilson's attitude toward th' Tickets for the president 'g address
Jugo Slavs. What's become o' th' o:e will be distributed by a lottery, which
time showman that used t' promise notj wiil begin after five o'clock tun alter
' offend th' most fastidious t I noon.
ROAD tOND NC BILL
GETS PAST SENATE
As Soon As Government Signs
Measure, Big Building Pro
gram Will Begin.
With 'only four votes against it, tho
aoimto yesterday afternoon passed the
big $10,000,000 road bonding bill, with
the emergency chaise attuched. As
soon as the governor signs the bill, tho
measure will be in effect and tho high
way commission may proceed with tho
biggest road building program ever pro
joctcd in the state. The four senator
who voted against tho bill wero Dimiek,
La toilette, Pierce and Sfrayor. '
An effort was niado by Senator
Thomas and some of his followers to
take the bill into committeo of tho
whole and strike out the words, "hav
ing regard to strength, durability aud
Z?J?
Which caused the bie fight over senate
- -U1 J.IY1IIUU3 WU1UI1
bill l'7 - tSenatrjf Thomas also stated ho
wanted to have the emergency cluuso
removed.
Tho principal debate on the bill waji
made over his motion, which was lost
by a vato of 6 to 24. After this mo
tion was lost, several senators spoke fo.:
tho bill and Senators Dimick and Pierce
spoke against it, before the filial vote
was takon.
Personalities wero omitted from tho
debato, except on two occasions, once
when Senator Orton said that Senato.r
Smith of Coos was always cnanging
front on important questions, ami
agjin when Senator Thomas through
the medium of a story called Orton n
jackass. Various senators defended
Senator Smith from the accusation, de-
(Continued on page eight)
WILSON TO RETURN TO
FRANCE ABOUT MARCHi5
More Than Fifty Thousand
Have Applied For Tickets
To Hear Boston Speech.
Washington, Feb. 21. The presiden
tial ship George Washington will arrive
" " "uu". "louuay secretary
01 lne "avy uni announced
this
morning. The president plans to re
turn to France, sailing about idaich 5,
Daniels added.
The navy plans an aerial demonstra
tion when tho president arrives off the
Now England coast. Aircraft, probably
including seaplanes and dirigibles, will
be sent out from the Chatham, jtiass.
station to greet him. At least three
I destroyers will also go out to join the
convoy.
Wireless messages from the president
iudicatcd that he will probably arrive
in Boston Monday morning and stated
that ho desire to leave for Washington
cirly Monday night s0 as to have a full
day for transaction of executive bus
iness here Tuesday.
Tho president requested that cere
mony in his honor be brief at Boston on
account of the necessity of his early
return to Washington. Some time
Monday he will attend a rcerpuon in
his honor given by the Massachusett
legislature. The president is cxpeetcd
to speak extemporaneously on the gen
eral subject of the league of nations.
Wireless messages from him received
today are badly garbled, due no doubt
to the Atlantic gale. All that could
bo made out of one message was tl.4
words "anxiously awaiting.''
Many Want Tickets
Boston, Mass., Feb. 21. More than
50,0U0 applications for admission to Me
chanics Hall, where Preoident Wrilson
wiil speak Monday, had been received
Mavor Petcri' nfficp tnd- Tlie
PAViNG PATENT OF
WA1EN COMPANY IS
DECLARtDINVALID
Attorney General George E
crown dives This Opunon
To Legislature.
The bithulitic paving patent issued
June 4, 1901 to F. J. Warren uas ex
pired and any one may use tho patent
eu process m ouuaiug roaus. Tins is
the patent of the Warren Construction
company which it is estimated has cost
tho state of Oregon $2,000 a uiiie.
Attorney General George M. Brown,
in giving his opinion to the legislature
as to the present validity of he pav
ing trust patent noted tha it was issued
June 4, 1901 and that patents expiro in
ii years.
In answer to tho request mado the
attorney general bv the legislature as
to whether the patent rights of the
Warren people had expired and also as
to whether the state highway commis
sion could lay the Wrarren pavemont
'without infringing on any rights grant
ed under the patent, ho said:
"Any patent ruu8 continuously only
17 years. This provision has received
consideration by the United States Su
premo court in several decisions. It is
self evident that moro than 17 years
have elapsed since tho issuance of this
patent and we cannot escapo tho con
clusion that it has expired."
Tho attorney general then refers to
several decisions on tho point, one be
ing that of tho Singer Sewing Machine
company against the Juno Manufactur
ing company in which the Supreme
court holds: "It is evident that ot tho
expiration of a patent, the monopoly
created by it ceases to exist, and the
right to muke the thing formerly cov
ered by th ) patent becomes public prop
erty. It is uprin this condition that the'
patent is granted. It follows as a mat-1
icr 01 course lone on me termination
of tho patent, there passes to tho public
the right to make the machino in the
form is was constructed during tue pat
ent." .
Attorney General Brown adds: 'As
said by the court in the languago quot
ed, the conclusion there expressed is
self evident and would require the judg
ment of tho highest judicial tribunal
in tho land to declare tho same. But I
since it has been called upon and has
dono so, no other conclusion is pos
sible." The opinion of the attorney general
gives the Highway Commission - a
chance to use the Warren patent. Tho
Commission may do this without foar
of involving, itself in law suits as the
legislature passed a bill providing that
in case tho Highway Commission should j
use tne patented process, titer 1110 pat
ent had been declured invalid, that the
state would stand behind it in any civ
il action, -
Hence, it may be expected that in all
paving contracts hereafter, the question
of royalty will not enter. It was upon
the royalty to tho Warren people that
brought out the fiercest debates In the
house and finally caused the house to
pas9 a bill requiring that in letting
contracts, the royalty was to be speci
fied, and contracts let on materials and
labor.
When the legislature convened, there
was insistent rumors that tho paving
trust patent had expired. Finally theso
rumors became known to members of
the houso who were fighting the paving
trust and the resolution was finally pas
sed, askine the attorney general to
give his opinion on the validity of the
patents.
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TWO GREAT AMERICANS LieutGen. Sir Arthur Currie, of the Canadian Army,
and our own General Pershing.
BREST IS AKYTfiKG BUT
"PEST ROLE" STATES
A CAMP INVESTIGATOR
Boys Are Billeted In Dry Tents
Or BarracksDon't HaVe
To Wait For Mess.
By Lowell Mellett
(United Pres staff correspondent)
(Copyright, 1919, by the United Press)
Brest, Feb. 2l.-Tho mothers of Am
erica who are waiting for their boys
to como home nun- rest assured that
Brest is not a "est hole" despite re
ports to the contrary. This assertion
is based cn official figures showing
tho sick and death rate here to be
lower than dn any other camp in
Franco and on the results of a person
al investigation fcy the correspond
ent. . .
Brest wag selected as the-chief port
for tho arrival of Amorican troops in
France primarily. because it' is the
closest to the United States and the
dangers of tho stbmarineg and mine
wero losscned in ojmsequence. Its strat
egic and geographical advantago out
weighed it8 chmittic drawbacks. The
rain seems to fall leverlastingly in
Brest. The soft ground is usually a
morass of mud. But when rain and
mud are mentioned, the worst is told.
A trainload of soldiers, arriving at
Camp Pontaner-zen from the city, find
Bed Cross nurssg waiting on the plat
form to serve them with hot chocolate
before their hike to their billets, if
it is in the daytime. If it .i at night
tho soldierg are igiveh a big -supper at
a kitchen capable of feeding : 7000.
When they arrive at tho eamp proper
they are billeted either in tcntn or
barracks. Those tents are floored, have
stoves and' are equipped with bunks
securely fastened in the side walls.
They hold six men, each, receiving
more air space than tho regulations pre'
vulo. Wlien given their choico many
newcomers prefer the tents to the bar
racks. Tho same ds true of a part of
tho pcrmanont garrison. There is no
question of their warmth. The .corre
spondent visited sifPeral on one of the
coldest nights Bra has experienced
this winter. This describes the condi
tion the average trainload of soldiers
find, but occasionally tho failure 0f
transports to arrive ou time, resulting
in crowding, causing emergency util
ization of unfloorcd tents. In such
eaves the permanent troops turn out
and collect duckhoards from storehous
es with which temporary floors are
made. Before the big .dock kitchen was
complotcd tho kitchen crews also used
to turn out and get up meals lor the
newcomers, no matter what tho hour.
Areas Well Drained
The tented areas are well drained,
regardless of tht rain. The newcomers
are warm and dry their first night.
Tho next morning they are given a
breakfast of braized beef, commeal
mush, bread and jam or syrup and cof
fee. They are given a bath Which is
designed to remove any vermin, and
leavo all their clothes behind, receiving
a complete new outfit Then they move
to now quarters, either in tents or bar
racks. Dinner consists of roast beef,
mashed potatoes, brown .gravy, salad
(usually made of cold onions, tomatoes
and -pickles,); peach thbler, coffee
and, of course, bread. For supper they
havo Turkish stew, 'baked beans,
creamed potatoes, bread pudding,
bread and coffee. This is one day's
typical menu for men and officers
alike. Tho menu 'varies among the
kitchens and from day to day.
The result is that there is keen conM
petition for the prize given tho kitchen
judged to be serving the men best
(Continued on page two)
V- -v, v.iv. .-4. v. 9 v.
, mutt,- "r, i,z&mZ.&l
ID RESERVATION
.--AT HALHEUR LAKE IS --CAUSE
OFA WBAKGLE
Dogs May Have To Wear Muz
zles As Provision Has Pass
ed Senate And Kcase.
Malheur lake over in Harney coun
ty about 100 miles from a railroad oc
cupied almost the entire time of the
Thursday evening session of the house
and although a bill was passed in
which it is proposed to mako the lake
a federal bird reservation, the chances
are that it will toe re-called and the bill
defeated as it passed last night by a
majority of only two.
It seems that tho Swift people of,
Chicago havo bought a tract of land
near the lake and are preparing to
drain and sell 80 acre farms to set
tlors. , .
It is also true that the lake, which
is really mostly a swamp or marsh, is
tho great breeding grounds for birds
in tho northwest and especially those
flying from Canada to California.
All the forces cf th eastern Oregon
representatives were "lined up against
turning the kko over to tho federal
authorities to make it a national game
preserve and also those who wero op
posed to permitting the fedornl gov
ernment to control additional Oregon
lands.
To investkrate the cost of milk pro
duction and diseases of dairy cattle,
the house passed a bill appropriating
$5000. The money is to be handled1 ky
the state agricultural station with the"
Oregon Agricultural eollege. It ig a
well known fact that -duriu,. 'he past
year or so tho dairy interests of the
state havo 'been losing out. But few
have been making expenses and it is
estimated that 50,000 head of cows
have been sold to the stock market
within the past two years, all from
Oregon.
Iogs are likely to play in hard luck
in Oregon, as the houso concurred in
the senate amendment on its dog bill
and now the fate of tho dug is in the
hands of the governor. The bill pro
vides that tho question of dos' run
ning at large without (nuzzles may be
decided by a majority vote. In a coun
ty, 100 must sign a petition for an
election. In an incorporated town, 20
can call tho election and in a precinct,
a petition signed. by 15 is eough.
The bill provides that it shall bo un
lawful for dogs to run at largo off
tho promises of its owner wuhout a
muzzlo sufficiently strong to keep Baid
uog from injuring any person, sheep,
goat or other domestic auical.
There is also u. prevision that oveTy
dog in tho state of Oregon must have
a licenso tag to cost $2 a year. The
sheep interests of the stato were act
ive) in having tho bill passed. Muzzles
will probably soon bo in demand for
dogs.
Tho bill providing that school teach
ers shall not enter into two detracts
at the same timo to tench was with
drawn in tho house. Another bill how
ever was passed Bomo timo ago provid
ing lhat tho teacher cannot take an
other school within (i0 days of tho
time the contracted school ig to be
gin. To investigato crop pests, plant dis
eases and horticultural problems, a bill
passed the houso appropriating $30,000
The experimental station of the O. A.
C. will handle tho money. There has
been no appropriation for the work dttr
ing'the past four years.
A fish hatchery will bo established
on tho Santiam either in Marion or
Linn counticg and another on the Wil-
lamotto in Lane county, if the house
bill passed yesterday gets through. For
(Continued on page three)
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General Disorders
In Germany Are On
Increase Recently
Communist Coal Miners Resolve Not To Return To Work
Until Present German Government Is Overthrown.
. Teuton Troops, Authorized By Marshal Foch Have
Recaptured From Spartacans All Public Buildings la
Eberf eld, According To Late Reports. ,
Busle, Feb. 21. he general strike
and attendant disorders in Qcrmnity'are
increasing, it was indicated in dispatch
es rocoived hero today.
After Spartacans had cut tho rail
way from Elberfeld to Spa, govern
ment troops arrived at Elberfeld and
; dofeatod tho revolutionaries, killing 17
and wounding 38. Spartacans occupied
Buyrcuth uud forced the burgomaster
to resign. Government forces are be
ing concentrated south of Lippe sni
east of Bochum. . - - ,.
Clashes In Berlin
Berlin, Feb. Si. Mutinous sailors and
government troops clashed in Munich
when 60 sailors, armed with hand gren
ades attacked the building in which the
Bavarian council was sitting, eccording
to dispatches. The sailors retreated
after two of thom were wounded.
Want Uprising
' Borne, Fob. 21. Tho communist coal
i
in m
SHOULD BE ON CANS
Also Propose Several Changes
In Game Laws Now In Ef
fect In Oregon.
Favorable action was taken by tho
house this morning on the bill intro
duced by Martin providing that can-
ners shall label thoir goods showing
that ull canned fruits and vegetables
packed in Oregon wore Oregon grown.
i'irms with headquarters in Oregon
are to designate on the iabol the local
address of tho cannery or thoir maiu ot
fico address in Oregon. In tho discus
sion it wag stated that cunnories in
Salem label their finest peaches "Del
Monte" and bucIi, which is just a trifle
too suggestive of California. Should
tho bill pass tho senato and receivo the
executivo approval, tho canneries would
have to add to tho Del Monto lubei,
"packed in Oregon." Then tho castorn
buyers and consumers cannot be fooled
into thinking that Oregon's choicest
fruits are grown in California.
The bill hnd t!.e endorsement of the
Salom Fruit Union and tho state hortu
cultural society.
A game codo for Oregon is sought to
bo established in the game bill intro
duced and pnssed by tho house this
morning. Among the changes lu hunt
ing proposed aro tho following:
Open season for deer with horns in ail
counties west of the Cascade mountain;),"
Beptcmbcr 1 to October 31; game birds, 1
such as ducks, geese, rails ana coots,
October 10 to February 15; bag limit,
25 of such birds in any 0110 dav and
not to exceed 30 in any soven conscc
utivo days.
Tho present law provides that no fe
male Chineso pheasant may be killed
at any timo. The bill of this morning
in tho house provides that three may be
killed in any sovon consecutive days.
The bill is now up to tho senato and
executive approval before becoming a
law.
The bill to correct cortain social
evils, especially in cities of tho size j
of Portland was indefinitely postponed,
thereby killincr tho bill. It was urged
bv the war department on training
camp r.ctivitios.
Portland may havo a chance of a
planning commission that will have
much to do in the future building of
tho ci'y. Thr"e bills introduced biy
the Portland delegation received fav
orable consideration.
. John Almetor, who lost about $13,000
in the building of the medical college
in Portland, a branch of the University
of Oregon, was allowed $7,440.fi3. He
took tho contract just as the war broke
out and he had difficulty in getting
men as his rogular workers went into
the ship yards.
Any-bull found running at large,
which happens to be of the kind that
is not registered, pure bred or of a
recognized breed, may be taken up
as an 'estray" and sold according to
law,, according to a bill that imam
imously passed the houso today. It is
also unlawful to turn such an animal
on the commons of a county.
A probation officer may be appoint
ed by a county judge is the provision
of a house bill passed today- The same
officer may be an authorized county i
(Conttm-td on page eight) i
miners in the fiuhr district have re
solved not to resumo work until pres
ent German government is overthrown
according to he Frankfurter Zertuiig.
Tho strikers' now total 120,000.
Eecapture Spartacans
Basle,- Feb. 21. German govornmet
troops, operating with Marshal Foc&'t
'eriuission,' have recaptured from the
8pnrtaean3 all tho public buildings in
Elberfeld according to dispatches ro
e.ei'vcd here today. The fighting con
tinued until noon yestorday, when, im
agreement with the alliesr the troope
withdrew: until this morning, leaving
guard to maintain order. ; -t
(Elberfeld is . within the neutral
zone, east of tho Kh,hie.) , .
Spartacans were reported', to have
seized all the bullion reserves in the
reichsbank. of Muehlhcini.",
TRANS-PACIFIC TRADE
EXPERIENCING BOOM
SAySFfipiPER
Japan Plans IV Compete For
Freigat Carrying Sssprem
acy With More Saips.
Tokio, Feb. 6. (By mail.) Japan'
plans to compete for tran-Pocifi
freight carrying supremacy wefo ad
vanced greatly today in the announce
ment ot perfected details for a com
pany which will be Japan's biggest
F..;.,.i,i i,,, ,,..1,;.. ....,..,.
T. Issida, managing director of th
Ocean Transport company will prob
ably bo named managing director and
auditor of tho new corporation, which
will be called tho Tniyo Kaiscn Kaisha
of tho Ocean Steamship company and
will deal exclusively with freight.
The new firm, which will have it
head office at Kobe, will have a capi
tal cf 20,000,000 yen. It ha tho back
ing of the 'Katsuda Hteam&hip com
pany and the Ocean Transport eora
puny, both large concerns with heait
offices in Kobe, It will put eiht
freighters in the trans-Pacific trade,
six of 10,000 deadweight tons each am
two of 500O eah This fleet which wilt
aggregate some 70,000 tons will be com
pletod (for tho most part this year at
a cost of something liko 42,000,000 yen.
n.een tuvairy
"The indication." ud lnhida to
day, "pointed to the keenest rivalry
ever waged between steamship iom
pn nil's and we must bo in a position
to compote on an equal footing witl
any of the other competitors in the
trans-Paeific business. We aro not un
aware of the number of steamships in
England, America and other nations
that aro gradually resuming their for
mer oriental service. Nevertheless, it
!s fur belief that shipping on the Pa
cific, as well ag on tho Atlantic, will
to as prosperous in the future as it
u before tho war and probably mora
"Looking forward, therefore, I h
li.ne in the future et transPaclfio
t 'lide. First of all, wo must nut over
look the .growth of those various en
terprises which sprang up in differ
ent parts of the Pacific coast of Am
erica in recent yenrx, especially inc
tho war. They nre now importing a
great amount of taw materials from
Chinn, India and the Pacific Islands.
Siberia will be one of the centers for
international economic strife, in which
Americans will play 1111 important part.
In tho coining peaceful war of com
mcrco and industry, in fact, Siberia
will be another, though perhaps, far
greater, Alaska."
High Freight Bates Now
Sun Francisco, Feb. 21. Tram Pa
cific1 shipping is experiencing a boom,
duo to hij;h freight rales, 'according to
Stanley Dollar of the Robert Dollar
company.
IV.-iirlif i-nti'i nre o-nlnrr down. Hol
lar told the United Press today and a
lot of shipping concerns wun Dig pians
for additional freight ships are going
to drop out or skgnt
"Everything that goes up hag to go
down." said Dollar.
Ho said he had seen the Tokio story
quoting a shipping man there to th
effect that Japan's biggest freight
steamship concern is about to be forns-
CContinuod on page three)