Statesman Journal from Salem, Oregon • Page 1

Hope flop tfie i Rrung industry In Growers Sha Paclcbrs and There is Getting TgetKer Are We Going to Allow the Sugar Beet Acreage Campaign to be Abandoned? Suggestions -Are In Ord WEATHER FORECAST: Rain in west, rain and snow in east portions; normal temperatures; southerly gales on the coast. Maximum yesterday, 5 4 minimum, 4 5 river 5.3; rainfall, none; atmosphere, cloudy; wind, southeast. Say this in behalf, of Ma Ferguson: She has not threatened to write a book. Louisville Times. A Virginia prize Plymouth Rock hen laid 329 eggs in a year.

Evidently she never heard of the five-day week. a mtyi.i rwji i 'in i ii innnrtn jQjNTY-SIXTH YEAR SALEM, OREGON, WEDNESDAY MORNING, DECEMBER 29, 1926 PRICE FIVE CENTS J-v CORONER'S JURY FORECAST BOON WATER COMPANY COURT REVERSES TEACHER DECREE NR PRE OO U. S. SAILORS OFFICERS UI LATEST DEATH St BOOMED BY TEACHERS State Printing of Texts Opposed by Council of State Educators LAW CHANGES SOUGHT I Km-la red Unfair and Inconsistent With Compulsory Kducation Act to Compel Parents to Bay Books PORTLAND, Dec. 28.

(AP) Free textbooks for Oregon public students were favored and state printing of textbooks was opposed bv the representative council of the Oregon State Teachers Asso ciation here today. Permission for school districts of the first class to select their textbooks in dependently of the state texbook commission wa favored. A textbook commission composed only of persons resident in school districts over which the body has textbook authority was recom mended. H. E.

Inlow, superintendent of city public schools at Pendleton, was elected today to the vice presidency of the teachers organ ization, and Mrs. Susanne H. Car ter of Jacksonville, superinten dent of Jackson county public schools, automatically advances to the presidency. She has been vice president of the past year. R.

R. Turner was chosen representative on the executive committee from the state at large He is superintendent of city schools at Dalles now on leave of absence while acting state super intendent of public instruction. Four resolutions concerning textbooks were presented to the Association of City Superintendents. A. C.

Hampton, superintendent of at Astoria, and C. A. Howard of Marshfield, (ConUnnad on par 6.) GRIEF CAUSES SUICIDE Daughter and Son-in-law Leave After Christmas Visit ROSEBURG. Dec. 28 AP) Because her daughter and son-in- law, who had been visiting her over Christmas, were returning home to Silverton, Mrs.

Dora J. Regit, 54, a resident of Glendale, shot herself through the head last night. She had endeavored to get Mr. and Mrs. A.

J. Morey to remain, but they were unable to do so. Alter they left she walked into the bedroom, picked up a revolver and shot herself through the head. She is survived by a widower and the one daughter. LOSE LEGAL TILT THREE ALTERNATIVES AL LOWED IN COURT DECREE Present Suit In 1923, New Filter Plant May Be Built According to a decision of the supreme court yesterday.

I), t-. Minto wins in his suit against the Salem Water and Light company. The contention, lasting for several years, has been over the use of Minto's Island for a filtration lo cation. Certain requirements and definitions of the contracts have been made by the court and unless the company meets them it will be enjoined from use of the island. The decision was written by Jus tice Rand and concurred in by the other justices.

"We are of the opinion, states the summary of the opinion, "that the plaintiff is entitled to a decree enjoining the defendant company as prayed for in the complaint herein, unless within, a reasonable length of time to acquire by pur chase or condemnation the prop erty rights exercised in excess of those granted by easement: provided further that if defendant does not so elect to acquire the rights above mentioned and de sires to change its manner of op eration so as to conform, in the light of this opinion, to its deed of easement, then the injunction order will be suspended until the defendant has had a reasonable time after the water covering the island has receded, in which to accomplish such purpose. In the event that defendant elects to institute condemnation proceedings it must be done within 60 days from date of mandate of this court. As to what constitutes a reasonable time as specified herein is a matter for determination of the trial court." Paul D. Wallace of the water company states that at present he has nothing to say on the matter. The entire situation will be taken up immediately by the attorneys of the company and no doubt a decision will be reached shortly.

He calls attention to the fact that according to the opinion of the supreme court there are three alternatives! which offer some solution to the problem. They are namely: to abide by its contract and place the filtration equipment underground, pay D. C. Minto for (ContfriTied on page 7.) SET DATE FOR HEARING Silverton Transit Stage Schedule Under Question Hearing of the complaint filed by the Oregon Stages, Portland- Silverton Stages and the Parker Stages in connection with the op erating schedule of the Silverton Transit Stages, has been set by the public service commission for January 3. The hearing will be held in Portland.

It was alleged that the operating schedule of the Silverton Transit Stages conflicts with the operating schedules of the plaintiff corporations. TO FLOOD AREA CLEAR SKIES SUPPORTS HOPE FOR WATER RELIEF Tennessee Still 3Ienaced as Cum berland River Overflows Banks MEMPHIS. Dec. 28. (AP)- Forecast of colder weath er tonight -and clear skies tomor row supported hopes that relief was in sight for flooded areas of several states where continuous rains have brought about flood General rains were followed by renewed rising of streams in the basin of the lower Ohio and the Mississippi river and more exten sive Inundation along smaller streams.

Chief interest tonight centered on the and Tennessee river which have overflowed at many places bringing distress to Nashville and Chattanooga and to inhabitants of the bottom country in Tennessee and Kentucky. While these two tributaries of the Ohio continued to rise-gradually their crests were expected to move downstream through tomorrow and Thursday. The low er Ohio was rising and in Indiana and Kentucky had overflowed low grounds in both states and caused farmers to move livestock and equipment to safer places. Re lief measures were being carried on in Nashville, where the great est distress prevailed. 'Several score blocks in the Tennessee capital remained under water.

Po lice and santitary officials provid ed shelter for refugees and set up safeguards against diseases. The total fatalities attributed to the southern floods stood tonight at 13, while property dam age could not be estimated. High waters on the Arkansas (Continued on pase 6.) KUYKENDALL FOR OFFICE Crews Wants to Retire From Com missioner Position Reports here yesterday indicated that Major Robert Benson Kuy-kendall of Klamath Falls was being considered by Governor-elect Patterson for the office of state corporation commissioner to succeed W. E. Crews.

Major Kuykendall is a graduate of the Oregon and the Columbia university law schools. He is a son of Dr. William Kuykendall of Eugene. Mr. Crews recently informed Governor-elect Patterson that he desired to retire from public service soon after January 1.

SUBSTITUTE FOR M'ADOO Pierce to Give Address in Angeles January 16 Los Governor Pierce yesterday ac cepted an invitation to give an address on Law Enforcement at Los Angeles January 16. The address was to have been given by W. G. McAdoo, but he was called east recently and will be unable to keep the appointment. BUT SHE DOESN'T KNOW IT TOSTRIS Bodies of Kansas City Woman and Baby Found Slain by Husband ALL SLAYINGS SIMILAR Police at Loss to Find Motive for Murders or Identity of Fiend Who Answers Ads of.

Rooms for Rent 4 KANSAS CITY, Dec. 2S (By AP) Mrs. Germania Harpin, 28. and her eight months old baby-were found choked to death here tonight on the second floor of their home. The husband of the woman, Marions Harpin, is a French war veteran.

Harpin told police he had returned from work at a few minutes after six, and found the bodies of his wife and baby amid the scene of a terrific struggle in an upper room. He called police at once, he said. Blood hounds were and set upon the trail. The bodies had been cold several, hours, it is believed. It was the second strangling tragedy here within 24 hours, Mrs.

Bonnie Pace, was found dead under similar circumstances, by her husband, Raymond Pace, when he returned from work- She had been choked to death while la an upper room of her home. A slxy year-old invalid son was unmolested. Police were at a loss to find a motive for the murder or the identity of the slayer of Mrs. Pace. Mrs.

Harpin and the baby were found with pieces of rags bound tightly about their throats. Btr. Pace was strangled by means, of the murderer's hands. In. both cases the victims advertised rooms for rent.

Police are proceeding on the theory that a man inquir. icg about the rental of a room gained entrance and then com- mitted the murder. The body of Mrs. Pace wa found in the unused room on th second floor of her home. The Harpins came to thfe United States in March of 1922.

He was a corporal In the Chasseurs A Pied of the French army during the war and is the holder of military medals. He is employed as a structural steel worker. PORTLAND. Dec. 28.

(AP) The killer of Mrs. Germania Har- (Oojitiniied oa pg 6.) STAGE OPERATOR GETS DECISION INSURANCE EXCHANGE AL-. LEUED CAR XOT COVERED A 3 EXONERATES MAN FISHERMAN RELATES UNRIV ALED YARN OF SEA Compact Made on Fourth Day That Survivor Should Eat Dead Companion LOS ANGELES, Dec. 28. (AP) Eli S.

Kelly, 69 year old fisherman, gaunt and enfeebled, told a coroner's jury today a story of adventure at sea unrivalled here in many years and was exonerated of all responsibility for the death of his companion, James S. Mc-Kinley, 63, strips of whose flesh Kelly ate to sustain life after the two had. drifted more than eight days in a 21-foot boat and the younger man had died of thirst and exposure. Kelly, himself near death, was picked up on Santa Catalina island, where his boat drifted three days after McKinley's death, and taken to a hospital. His clothing hung loosely on his big frame, for he had shrunk from 210 to 120 pounds since he 'fend McKin-ley set out on their first and last fishing trip together.

His son, Kelly testified, purchased the yawl which had been a lifeboat aboard the yacht Zane Grey, novelist. With McKinley's assistance a motor was installed, a. license obtained and the two embarked Dec. 8 from Redondo Beach. When they had reached a point 16 miles from shore the engine went dead and they were never able to start it again.

The storm, which developed several waterspouts on Santa Monica bay orr that day, broke over them before they were able to hoist sail, and huge combers deluged the small craft. "McKinley was a clumsy man a big fellow, and he couldn't han dle himself very well." Kelly said in explaining how his partner had fallen in the boat and broken one of the gallon water jars. 'I knew our life depended on the little water we had in those jars, but I could not convince McKinley of that. He drank on the first day out all but one pint of the water we carried." Kelley's description of the days that followed shocked the jurors. McKinley insisted upon drinking salt water, he said.

f'On the third day the old man went stark mad. I had to fight him not to hurt him or anything, but Just hold his hands try to keep him from hurting me. Twice he was washed overboard, but 1 reached over and pulled him in. "After that I guarded the little pint of water which I had saved. I'd stick my finger down into it and rub it across my lips.

The old man was pretty bad then. I put him in the cabin and he laid down on some sacks. "After four days of storm we HContinurd page .) BRITISH CAPTAIN HELD Immigration Officers to Conduct Deportation Hearing PORTLAND, Dec. 28 (AP) Immigration officials today ar rested William Henry Storm, former first officer on the British steamer Benalder. who they say.

deserted the vessel here in August. Storm was arrested with a worn- an ne sam ne met in Aoeraeen, when his ship docked there. They had been living as man and wife in Portland, R. Bonham, Immigration commission er, said. Storm was placed in jail pend-ine a hearing and orders for de portation.

He holds master's papers issued by the British board of trade and during the war was in command of an American vessel. FALL HELD IMPROVED Im tor Hoim-m Will Noon Bo Out of Danger EL PASO. Vexas. Dec. 28 AP) The condition of Albert Fall, former secretary of the interior, who is ill at his home here with pneumonia, was described as "very good In a bulletin given out tonight by Dr.

H. T. Safford. The bulletin states that Mr. Fall appeared to offer "good resist ance" to the disease, wnicn "in all probability is an influenwf pneumonia, which has a rather indefinite course." It is hoped that within a few days the former government official will be out of danger, the conciuaea.

FOG BLINDS MOTORIST One Youth tilled nd Companion Crippled In Accident i MARSHFIELD. Dec. 28. AP) John- Whltty, 20, was killed and Carl i Jacobsonr a companion, crippled when strode by an automobile last night driven by Floyd Fields on the trestle bridge be tween the Ferry Slip and East Sid. Fields gave as an excuse for the accident that he was blinded by mio iiunH AM nnt Rpflithn iors un til right upon them.

Whittcy diod FINE TRIBUTES TO APPOINTEES Pierce Appears at Kiwanis Club and Gives Farewell TsWC to Members FAVORS INDIRECT TAX Tliiuk Patterson Should Retain yuinland, Bragg and Stewart Says "I Did Not Travel Fast Enough" Three Tierce appointees should be retained by Governor Patter son, according to Governor Walter M. Pierce in a farewell speech given before the Kiwanis club at its noon luncheon (Tuesday. The three are John Quinland, superintendent of prison industries, E. E. Bragg, member of the state industrial accident commission; and James Stewart, special agent for the state land board.

Bragg was given a large measure of credit 6y Governor Pierce for his work in bringing state industries under the industrial accident fund. There are now 80 per cent of the state's industries under this fund, he stated. Quinland is largely responsible for putting the prison industries, una successful basis. Governor Pierce said. In case Quinland is I left on the job, the prison will become a self-supporting institution before many years.

The per capita cost is now rapidly decreasing each year. "I found the prison an idle penitentiary, and left it a workshop," the governor stated. Stewart, who has been with the state land board for the past two yea, has saved the state by his work on a(i V-xVlnK loans from the "The state ictamll and should have in it today at least instead of the $7,000,000 it now has," the governor said. "It has been brought down to this level by fraudulent administration in the past. "If we had a man like Jim Stewart to administer it then, we would have the hundred million.

"I have been accused of favoring my friends. It Is true to a certain extent- I know my friends better than I do other and I carf work with them. I leave you these three Quinland, Stewart, and Bragg in hopes that you will keep them for the good work they are doing." Governor Pierce knowingly killed his chances for reelection at the recent election when he vetoed the irrigation bond measures. He (Continued on pace .) LEONARD DENIES MONEY INVOLVED LETTERS TURNED OVER LAXDIS BY REQUEST TO livst Interests of Baseball Jeclar- cd Behind Exposure of Fixed Game FRESNO, Dec. 28.

(AP) Hubert B. Dutch Leonard to- niRht issued a prepared statement outlining his stand on the base ball scandal which resulted from his accuastion that Ty Cobb, Tris Speaker, Smoky Joe Wood and himself were involved in fixing and betting on an American League baseball game played at Detroit in September. 1919. The statement was: "Since this unfortunate affair was made pnblic by Judge Landis, I have been continuously urged to discuss it with representatives of the press, which I have so far re fused to do. "However.

Ivfeel -at this time that because of certain ments of the various versions of the affair, I should emphatically set right in the minds of the pub lic several points at issue. "When I presented in June 1926 in Chicago, my claim against the Detroit baseball l-lttb to the proper authorities for damages sustained by me through loss of salary covering a period of all of years 1922, 1923 and part of 1924, and after .11 hearing of this claim by authorities, ft was deterniln 'that my claim was just and vaHd. and such claim was' then settled in fuller "The terms of this settlement were put in writing and a duplicate copy of this is in my possess Jon, 'setting forth the natnre of vrfy claim and amount that was die and paid to me, and other details. "It was on account of this claim that I received money from the Detroit Baseball club' and on this account only. "I never received any money directly or indirectly, for any let ters or for any informatlonin my possession, on me contrary, tl re $1,000 DAMAGES AWARDED AT FIRST TRIAL OF SUIT Mrs.

Samnelson Alleged Libelous Statements Appeared In Newspapers The state supreme court yesterday reversed the decree of Judge J. U. Campbell of the Clackamus county circuit court, which awarded to Mrs. Rosamund Lee Shaw Samuelson. former Canby.

school teacher, a judgment in the amount of $1000 against J. R. Vinyard, F. E. Dodge and H.

A. Dedman, members of the Canby school board. It was alleged by Mrs. Samuel-son that she had been damaged by libelous statements published in the Canby Herald over the signatures of the defendants in the suit. The opinion was written by Justice Burnett and was concurred in by other members of the court.

The records in the case showed that early in the year 1924 Mrs. Samuelson, under the name of Rosamund Lee Shaw, was employed to teach in the Canby schools. On November 10 of that that year the plaintiff and Clifford LeRoy Samuelson, 17 years of age and at the time one of her pupils, went to Vancouver, where tlley were married. Mrs. Samuelson gave her address as Seattle, and was said to have omitted part of her name from the marriage license to avoid suspicion.

Samuelson and his school teacher bride later returned to Canby where she resumed her duties in the schools. The marriage was not announced. Sometime later reports were circulated in Canby that Samuelson and the school teacher had been seen in a drug store late at night and that their conduct apparently was not in keeping with instructor and pupil. The school board subsequently launched an investigation, with the result that Mrs. Samuelson was discharged from her position.

The statement on which Mrs. Samuelson based her suit for damages later was printed in the Canby newspaper. Mrs. Samuelson afterward filed suit in Clackamas county hi which she alleged that she had been libeled by the members of the school board and asked for damages in the amount of $20,000. She was awarded a judgment for $1,000, whereupon the defendant members of the school board appealed the case to the supreme court.

Since the suit was tried Mr. and" Mrs. Samuelson left Canby for other fields. RAILROAD RUMORS HEARD Budd Expected to Take Presidency of Western Pacific PORTLAND. Dec.

28 (AP) The Portland Telegram today reports a well defined rumor in railroad circles that Ralph Budd, president of the Great Northern railway, will resign early in the new year and take the presidency of the Western Pacific, held by C. M. Levy, who will retire for age. "Since Arthur Curtlss James of New Uork, the new financial force in transcontinental railways, has become powerful in dictating the policies of the Great Northern and Northern Pacific, if is said he has selected Budd to carry out the Western Pacific expansion program," said the Telegram. "One phase of this will be.

according to some railway authorities, to extend the Western Pacific, in which James is heavily interested, from a point in northern California to Klamath Falls to meet the Oregon Trunk line carried from Bend to the metropolis of the Klamath basin." FLOGGING HELD OUTRAGE Governor Threatens Martial Law if Court Action Fails ATLANTA. Dec. 28 (AP) The flogging of Wimberly E. Brown, an attorney, by a band of hooded men near Lyons, Friday night brought from Governor Clifford Walker today a warning that martial law will be declared "if the regular processes of the courts fall to curb these outrages," and Nathan 'Bedford Forrest, head of the Knights of the Ku Klux Klan in Georgia, issued a statement terming the incident "an un speakable outrage." The Winter Relief Fund Christmas has passed, but the cold winter days remain with us. As long as they are here the opportunity for work is greatly lessened.

This means there are and will be for some time many needy families. Realizing this fact, the Salvation Army and The Statesman have decided to carry on the Christmas Cheer work until the spring work begins. f1 Clothing and food should be left with the Salvation Army and every bit of it will be det livered to needy people-with-' out charge. Money contributions should be left with The and every- cent will 'go towards the purchase of some necessity for a worthy person. Help make someone happy1 and -com fort able today.

PROTECT LIFE United States Declared Not Taking Sides in Southern Republic ENVOY HURLS CHARGES Secretary of State Kellogg and Secretary of Navy Wilbur Be main Closeted With President Coolidge WASHINGTON, Dec. $8. (AP) The trouble in Nicaragua aroused new reverberations in Washington today, stirring the White House to make public explanations of its policy and bringing into sharper definition the points of controversy between the administration and its critics. Replying directly to some of the protests against the landing of American forces on Nicaraguaji soil, the White House spokesman declared the United States had no other object than protection of American life and and was taking no hand as between the two Nicaraguan factions who are contending for control of the country. Later in the day Secretary Kellogg of the state department and Secretary Wilbur of the navy went hurriedly to the White House, where they remained closeted for a long time with President Coolidge.

The development set in motion many reports of important developments in the embattled little central American republic, but when the conference was over the White House and Mr. Wilbur remained silent while Secretary Kellogg said the conversation had related to China. Meantime the envoy here of the unrecognized Sacasa government at Puerto Cabezas sent to the state department a formal protest against the operations of the American forces landed in the Puerto Cabezas district- Among other things the protest accused Rear Admiral Latimer, the American naval commander in Nicaraguan waters, of setting up a censorship in violation of the international law. Both the state and navy depart- Continued on paga 4.) DUEL FATAL TO YOUTH Pendleton Boys Fire at Each Other While on Hunting Trip PENDLETON, Dec. 28.

(AP) A duel, declared by companions of the two boys to have been in fun, ended fatally today when James Lowary, 16 year old newsbody, was shot through the heart and killed by Bob Moyer, 14, of Pendleton. The shooting took place near this city. The Lowary boy and two companions were hunting rabbits when they met Moyer and five other youths. They talked for a short time and practiced at shooting caps and hats thrown in the air. The two groups then parted and when Lowary and his companions were about 250 yards from the other group, the Lowary boy is said to have fired his small calibre rifle at the Moyer group.

Moyer returned and three shot each were exchanged. Lowary was killed whenhe stooped to reload his gui Moyer ws held for questioning by the nrosecuting attorney. No charges have been filed pending a coroner's inquest to be held tomorrow. REGENTS TO HEAR NEEDS University President Will Present Problems Before Board EUGENE, Dec. 28.

(AP) Recommendations regarding the solution of the most pressing administrative problems at the University of Oregon will be made by President Arnold Benpet Hall in a report before the annual winter meeting: of the university board of regents. The meeting will he held in Eugene on Saturday, January 8. Details of the questions to be discussed are not yetaknown as Dr. Hall is in the east at present and is not expected to return until shortly after January 1. It is understood however that some means for satisfying the need for new buildings, especially that of library space, will be decided on.

The extent to which the legislature will be asked to help the university will be considered. NEW AIMEE PROBE RUMORED LOS ANGELES, Dec. 28 (AP) Times says it has learned from an authoritative source that a new grand jury Investigation of the Aimee Semple McPherson disappearance will i bo opened here Thursday. INN GARAGU Among Other Decisions Handed Down May Be Found Water Plant Losing A decree of the Multnomah county circuit court awarding iaTVi1 ln. the amount 97.J86.14 in favor of A.

Jaloff, operator of the Columbia Stages, and against the United Auto Indemnity Exchange nnri fendants, was affirmed by the -state supreme court here yester-' day. The opinion was written by Justice Brown. The suit originally was filed by Mr. Jaloff to compel the indemnity exchange to pay claims for personal injuries in the cases of Dorothy Wells and Merwin Wells. who were victims of an accident involving automobile stages operated by the plaintiff.

The accident was said to have occurred on the CnlnmMa iJ ttm V. v. m. uigunuj UO tween Portland and Astoria. The fnsnrance exchange alleged that the particular car Involved in the accident was not covered in the policy under which the; aulf tiro a iitavtAd Other opinions handed down by -the supreme court follow: Medford Furniture and Hardware company, plaintiff and respondent, vs M.

F. Hanley. de- -fendant and, appellant? appeal from Jackson county; action to recover goods, wares and mer-v chandise. Opinion by Justice Rand. Judgo M.

Thomas reversed. Rosemund Lee Shaw Samuelson vs J. R. Vinyard et al, appellants; appeal from Clackamas countv. action to receyer damages.

Opinion by Justice, Burnett. Judge J. U. Campbell-Teversod. State of Oregon vs Loon It.

Ed-niunsou. appellant; appeal' from Lane county; motion to recall" mandate and; penult -defendant to file cost bill; costs taxes tn onln-lon rvHw In relation to will of. Hough, deceased; appeal from Douglas county: suit to latest Opinion Justice Dean".