Casper Daily Tribune Newspaper, January 10, 1922, Page 1

Weather Forecast Fair tonight and Wednes- day; colder tonight. VOLUME YI CASE OF SOLON MAY GO BACK TO COMMITTEE Movement Is Launched to Recommit the Newberry Case After Borah Urges That Seat Be Declared Vacant WASHINGTON, Jan. 10.—A movement to recommit the Newberry election case to the senate privileges and elections committee developed in the senate late today While debate was under way. Those behind the movement, it was said, desired to have Senator Newberry examined by the elections committee. WASHINGTON, Jan. 10—The sen- ate seat held by Truman H. Newber- ry should be declared vacant, Sena- tor Borah, Republican, Idaho, declared today in the s¢nate on the ground that the Michigan election in 1918 “being tainted with corruption and controljed through the use of money is voi.” Senator Borah said this conclusion of eight which he had reached thorough examination of the law and @ careful study of the facts relative to this controversy.” He out- lined the other seven conclusions as follows: “That the primary is @ part of the election process and the improper use of money in the primary has the same effect upon invalidating the elec- tion as the use of money at an elec- tion, “That the amount expended In this election was such as to lead to the conclusion that it was intended to, and did, corruptly effect the results of the primary. ‘ “That no man can bea the benefl- clary of a corrupt election when such corruption was had in his behalf— whether he personally participated in the corrupt methods or not. “That the committee which ex- pended this money was Newberry’s ecmmittee. If not actually selected by him, was accepted by him and he co-operated with it so that the com- mittee’s acts became his acts. “That Mr. Newberry had such knowledge of the expenditure of money and the doings of the commit- tee as to charge him with responsi- bility for whatever the committee aid. “That the state statute was re Dpeatedly violated. “That the federal statute not then Geclared unconstitutional was vio- lated.” ‘The Idaho senator declared that “but for the precedent about to be established” he would content himself with his vote without addressing the senate.on the subject. “The question hinges,” Senator Bo- rah continued, “on Mr. Newberry's relationship to the committee which did those things that nobody attempts to defend. ? “So far as we have the origin of this committee, it originated in Mr. Newherry’s office in New York, in a conversation between Mr. Newberry and Mr. Templeton. “The arrangement for Mr. Temple- ton to be chairman of the committee was made there so that Mr. Temple- ton was Mr. Newberry’s choice. ‘Therefore, whatever Mr. Templeton did, or the committee did under his chairmanship, became the acts of Mr. Newberry, himself and his responsi- bility, morally and under the law, could have been concluded only by an open repudiation by Mr. Newherry or Mr. Templeton. The same logic ap- plies to the case of Mr. King, the campaign manager.” Senator Walsh, Democrat, of. Mon- tana, who yesterday conducted the cross examination of Mr. Newberry, took up the argument against Mr. Newberry. He recalled “to the ever- lasting credit” of the Michigan sena- tor that he had served in the Spanish- American and the world wars; that his two sons “braved its perils” and also that his sons-in-law won decorations for heroism. “But,” Mr. Walsh told the senate, "the only scandal that arose in the (Continued on Page 2) CASPER, WYO., TUESDAY, JANUARY 10, 1922. SUES STAT BRITISHER IS FREED BY SOVIET IANDON, Jan. 10.—Col. John Bige- low Dodge, who was arrested by Bol- shevist thorities at Batum on De cember 9, as an alleged secret British agent, has been released and is await- ing passage from Batum to Constan- tinople, according to a dispatch to the Times. It was officially explained from Moscow that his arrest was an error. (Colonel Dodge is a stepson of Ldonel George Guest, fourth son of Lord Wimborne and a grandson of the late Jhn Bigelow, American man of Intters and minister to France dur- ing the civil war’) ACT AIMED AT RACE TRACKS IS. PROTESTED WAHINGTON, Jan. 10.—Newspapers opposed to the} rock sprINGs, Wyo., Jan. 10— anti-gambling legislation proposed in a rider to the postal Modern progress has imposed a new bill which has passed the senate and in a bill introduced by |rule Senator Sterling, Republican; South Dakota, were represent- ed at hearings today before a senate judiciary subcommittee. Senator Stanley, Democrat, tative, asserted that the legislation was designed “not to prevent racing but to limit the freedom of suva by placing arbitrary restrictions not upon tracks but upon the press. He de clared that to directly and arbitrarily limit freedom of speech in order to possibly and indirectly reach. some lo- cal violations of law such as wagers, is “essentially vicious and indefen- sible. “You do not have to make a legal argument so far as I am concerned,” interrupted Senator Borah, Republi- can, Idaho, “that congress has no power to establish a censorship.” If the bill becomes a law, Senator Stanley asserted, a schoolboy at col- lege, who wrote his mother that his roommate had bet five cents on a foot- ball game could be sent to the peni- tentiary for five years and be fined $5,000, Senator Sterling asked whether there would still be opposition if the bill was amended to prohibit circula- tion of newspapers containing sug- gestions as to the odds offered on horse racing. Stanley replied that such regulation would be unconstitu- tional; that the suppression of race- track gambling was in the hands of the states, all of which with the ex- ception of two or three already acted, making horseracing unlawful. Senator Borah said there was a question in his mind whether congress should pursue what he termed a bad precedent {in regulatory legislation. Many such laws should be repealed, he asserted. Chinese Prefers Christian Burial ROCK SPRINGS, Wyo., Jan. 10.— tock Spring’ “Chinatown,” one of the few settlements of its character sur- viving in America, was denied the ex- citement of a Chinese funeral when Ping Chung, 65 years of age, a vet- eran employe of the Union Pacific ‘Coal company, died here a few days ago. Chung requested and was given a Christian burial. A number of of- ficials of the coal company attended the funeral. coil = teh ONE BIG UNION OKEHED. MELBOURNE, Jan. 10.—The Azs- ‘tralian Workers’ union have voted, 7 ‘to 1 in favor of one big union. Crime! =, | MOVEMENT FOR AMERICAN LEGION AUTHORIZES THROUGH COMMERCIAL CLUBS COMPENSATION CHICAGO, Jan. 10.—National Commander Hanford Mac- Nider of the American Legion tssued instructions last night to all legion posts to present the case of adjusted compensa- tion for ex-soldiers before chambers of commerce in every city of the United States in connection with the referendum NUMBER 78. | on that question now being conducted by those bodies. AMERICAN EXPRESS E RIVALS \Therriopolis Man Who Incorporated Un- | der Name of Big Corporation Trying to “Shake Down” Company, Is'\Charge CHEYENNE, Wyo., Jan. 10.— (Special to The Tribune)-— ‘The American Railway Express company of Delaware, a $40,- 000,000 corporation which has refused to comply with the Wyoming law that all corporations doing business in this state shall pay filing fees on their full capital stock, today filed in the United States district court here a suit against COLLEGE GIRL TRIES SUICIDE BY SHOOTING » Jan, 10-—The bullet wound suffered by Miss Mary Trask, Radcliffe college student, was self-inflicted in the opinion of Cam- bridge police authorities. The young ‘woman was found to have sent a stu- dent chum a note saying she could “not longer bear life" Police Captain Canney said today. It was signed “Dickie,” the name by which she was known to undergraduates. BANES IN AGREEMENT. on banking establishments af Rock Springe—for the first time in the town’s history all the banks have entered into an agreement to open Kentucky, the press represen~|and close daily et the same hours. the American Railway Express com pany of Wyoming and the American Express company of Wyoming, and Sol Chan, B. H. Aronson and Harry Levin, all of Thermopolis, Wyo., ask- ing an order restraining the defend- ants from doing business under the names of The American Rallway Ex- Press company and American ¥Ex- press company, and also asking $25,- 000 damages. Incidentally the consti- tutionality of the Wyoming state re- quiring forelgn corporations to pay filing fees on their full capital stock is attacked, and if this phase of the suit proves successful it might in- volve necessity for return by Wyo- ming of « large amount of. filing fees collected from foreign corporations during tho last 31 years. The Wyoming corporations which are named as defendants in the sult were organized a few months ago with a capital stock of $10,000 each, the organizers taking advantage of the fact that the American Railway Express company and American Ex- press company had not complied with the Wyoming law and therofore were ‘without legal standing in the state. - The plaintiff in the sutt- alleges that the small corporationa were organ- ized-with the purposes of “shsking down" the Delaware company. The campaign is to begin jmmed!- ately as the Chamber of Commerce of the United States, which submitted the referendum to its members, has get the time limit in the voting at February 21. Legion lenders, dwell’.g upon the fight the national chamber has waged upon the pending bill, declare Commander MacNider, in a letter to Jospeh H. DeFrees, president of the Chamber of Commerce of the Tinited States, which was made public Inst night, sai@ that “opposition to this measure lies principally in ignorance of what the bill really calls for. There ‘s & cash payment option, it ts true, ments, several months apart. The other four features of the legion bill (insurance, vocational aid, or asstst- SIX BELIEVED ~ LOSTOFFN.S. HALIFAX, N. 8. Jan. 10.—The schooner Flora A, 70 tons, or Harbor maritime circles. She left George- town, P. ©. I, for Harbor Baffet and nothing has been since heard from her. ees EGGS HIT TOBOGGA CHICAGO, Jan. 10.—Spot sales of firs quality freth eggs dropped 5%o on the wholesale market today, the last quotation being 29%0 a dozen, with a few sales at 30c, Due to mild weather and a large influx of fresh eggs from all points, condittons on the egg market were described as “almost panicky” by 8. E. Davis, mecretary of the Chicago, butter and egg board. Retail prices at one chain si were 390 for cold storage and 47c for fresh eggs. SOLDIER SHOT IN BACK BY OFFICER So Says Witness Before Senate Probe and Produces a Letter From Casper Man Saying American Major Was Justified; Hearings on Watson Charge Continued Today fantry was given arate wtinesses before the committee investigating charges of Megal executions in the American expeditionary forces. The witnesses who testified in turn that they saw the officer shot a Cariton, Richmond, Vs.; John R. Leedy, Luray, Va.; and Dewey D. Hester, of Marion, Va. Fox placed the incident he described as “back of Verdun in 1918.” Albin and Hes- ter did not give the location of the allezed shooting and-the others agreed that it occurred in “October, 1918.” WASHINGTON, Jan. 10.—Charles E. Fox, of Richmond, Va., testified today before a senate investigating committee that he saw Maj. Hierome L. Opie of Staunton, Va., shoot a soldier in the back north of Verdun in 1918. “The man shot was wearing the American uniform,” said Fox. As the boy was shot, he threw his hands in the air and toppled over. man died. Sergeant Kane also saw the shooting.” Fox declared the soldier was with- in six feet of the major when t shooting took place, that he had ap- proached the officer and was moving off. “Do you know Opie?” Brandegee asked. “I was positive it was Major Opie. ‘There was much talk in the company —Company B, 116th Infantry. The men Wondered why the boy had been shot, but they were afraid to ask about it.” “You mads no complaint?” “No, sir. I was afraid.” Asked why he did not report the case to Iieutenant Moring of Rich- mond, Fox said: > “That guy would shoot me; wouldn’t take any foolishness.’” Fox gave Chairman Brandegee a letter from Moring, written from Cas- per, Wyo., saying he was “sorry to hear about Major Opie.” * Ghatrman he N. J. DRY REPEAL SOUGHT EDWARDS GIVES MESSAGE forcement act of New Jersey which he characterized as “an iv- strument of oppression” and_substi- tution of a less drastic act provid- ing jury trials for all alleged viola- tors, was urged by Governor Ed- wards in his second annual mes- | al sage to the New Jersey legislature , oppression and tyranny lies in the right of trial by jury,” sald the message, “is so well set- tled in the minds of our peopie that forms ,of of the execution, “Fox did not want all the letter read, saying it contained “some rough stuff.” “I am used to rough stuff in this case,” the chairman said, The letter quoted Moring as saying he had heard the soldier was running away and that Opie had a right to shoot, and advised Fox not to say anything about the case “unless you actually saw the shooting,” adding that ru- mors did not stand up in court. Banging the tablesr, Fox shouted that he saw Opie shoot. “I saw it with my own eyes.” “From Morjng’s letter he believed that Opie was justified,” said the ed thairman. “Well, I don't,” Fox declared. NOTHING COVERED UP IN REPORTS—BETHEL. ‘WASHINGTON, Jan. 10.—Complete records in the case of American sol- diers hanged after courtmartial in France were cabled immediately to the war department, Col. Walter A. Bethel, assistant judge advocate general in the army testified today before a sen- ate committee investigating charges that soldiers were put to death with- out trial. Colonel Bethel had been pressed by Senator Watson, Democrat, whose charges in the senate led to the legal executions were made public until long after the ermistice. “We sent the department the name of the man hanged, the fact and the defense,” 4a Colonel Bethel. “I do not know how soon the department made the eral judges of cases decided by the | facts public.” ttempts toa encroach upon or de- | state utility board. ; Names of men hanged were nbt.giv- “T was 150 feet away. I do not know if the en to the press out of a consideration for relatiyes, the witness said. Touching on the cae of Benjamin King of Wilmington, N. C., who ac cording to previous witnesses, was killed by orders of “Hard Boiled” Smith, an officer in charge of a prison guard, Colonel Bethel reiterated that available war department records “in- dicated” that King was killed in action or died of wounds. No evidence, he said, had been obtained to support the charge that King was murdered and information to this effect has been con- veyed to his family. “Was any effort made to keep hang- ing news from being sent to this coun- try?” Chairman Brandegee asked. “Not at all.” Motorman Held For Homicide In Car Crash SAN FRANOISOO, Jan. 10.—A charge of manslaughter was sched- uled to be called in the police court today against Euclid Ashton, mo- torman on a Sutter streetcar which ‘William. Coop: Murphy also started an investiga- tion of the accident. Bystanders said that Ashton was running his car at an excessive speed when it struck the, truck, which was responding to a still Lenine Takes Exception To Czech ‘Insult’ LONDON, Jan. 10.—Nikolat Len- ine, Russian Bolshevik premier is incensed, according to a Russian newspaper, over a satirical reference to him made by President Masaryk of Szecho-Slovakis. When asked by @ Prague newspaper for his opinion of the Bolsheviki, M. Masaryka re- plied with the following story: “When I was a small boy I was playing one morning on my father’s farmyard with two or three other little fellows. One of these had in his hand a large whip. Presently he climbed to the tnp of a large heap of manure, struck a pose, cracked his whip several times and shouted, ‘Who says I am not king. Rail Petition To Discontinue Station Denied HELENA, Mont, Jan. 10.—The state railroad commission today denied the informal application of the Northern Pacific to discontinue its station at Marysville.” The commission found that the business at that point necess!- tated the presence of an agent. The |train service on this branch was re- cently curtafled to tri-weekly inste:d D’VALERA AND F”EINDS QUIT | DA. ON VOTE Choice of Grift.ch Made Unanimous as _ Radicals Walk Out; Provisional GovernmentIsEstablished — DUBLIN, Jan. 10—(By The As- ; socizted Press.) — After electing the measure has not been understood.| Arthur Griffith president and nam- ing a cabinet to asalst him, the Dail adjourned late today until February 14 to permit the new gov- ernment to proceed with carrying out the provisions of the Anglo-Irish treaty. DUBLIN, Jan. 10.—(By Th After bolting the session this morning with his followers in pro- test against the nomination of Griz- fith for the presidency, Eamonn De Valera returned to ‘he afternoon session with a promise of help for Griffith as president of the Dail but not as head of another government. e Associated Press.)-—Arthur but it is taken care of by small pay-| Griffith was elected president of the Dail Eireann today. Eamonn De Valera and his followers walked out while the vote was being taken, in protest against the nomination Among those who walked out with De Valera was Robert C. Barton, a signer of the peace treaty who, while yoting for it, had declared he signed ft under duress. He voted for Prest dent De Valera‘s re-election yesterday. After his election, President Grif fith made this announcement: “The Dail will continue to exist un- til the Trish Free State ts set up.” President Griffith nominated, | the Baffet, N. F., with her crow of stz}|Del ratified, viva voce, the following men was given up for lost today in)°adinet members: the following: Minister of Fihance—Michael Col- Uns. Foreign Affairs—George Gavan Duffy. Home Affairs—Eamonn J. Duggan. Local Government—Wiliam T. Cos- grave. Economia Affatre—Bryan O'Higgins. Defense—Richard Mulcahy. Eamon De Valera and his party im- medictely went into conference out- hide, promising a statement to the press later. It was not known wheth- er they would re-enter the Dail. Griffith was placed in nomination by Michac? Collins shortly after th beginning of the session. As matter stood, said Collins, Ireland was with out a leader. He again charged the opposition tvith obstructionist tactics and declared its desiré ‘was to create the impression that Ireland was still unfriendly to England and “to dis- credit the supporters of the treaty, The present course of the Dafl, if per sisted, would give England an excuse for remaining in Ireland, he declared. The proposition to elect Griffith was opposed by John MacIntes, who said he questioned the wisdom of putting up Griffith, a man who was bound by his signature to the treaty, to wreck the Irish republic. He declared no man who had signed the peace agreement should be president of the Dail. It was proposed to do gracious- ly in carrying out the treaty what John Redmond was coerced into do- ing in 1914, added MacIntee. Eamoun De Valera asked Griffith whether he intended, if elected, to act as the executive of the republin. The Dail Elreann, he said, was 2epresen- tative of the republic and of nothing |else. Peace was not established by the treaty, he declared, as the strug- gle for the republic would continue. “This body,” added De Valera, “has no right to give away {ts power un- less it is established by a republican government.’* Charles Burgess, following De Va- lera, declared Griffith had broken the agreement not to sign a@ treaty until the completed document had been submitted to the Irish cabinet. “No matter what undertaking Grif- fith gives now I oppose his election,” he added. Answering the question of oppost- tion, Griffith said that if elected he would use his position to give effect to the constitutional vote of the Dail to carry out the terms of the treaty. Mr. De Valera continued to press for A definite answer to this question whether Griffith would act as the ex- ecutive of the republic. “The republic of Ireland,” replied Griffith, “remains in being until the free staté comes into being and there is an opportunity to put the question before the electorate.” Griffith sald the Dafl had approved the treaty and that it must be car- ried into effect. Therefore, ho added, “we must have a provisional govern- ment.”? Miss Mary MacSwiney safd Griffith had made it clear he intended to get Lloyd George to endorse the Dafl as the provisional government. Despite Griffith's assurance that he Would keep the republic going, Mr. De Valera declared Griffith could not act as president and at the same time as head of the provisional government. of daily. CHICAGO, Jan. 10—Extra pay for overtime work and the eight hour day are the principal points sought by railroad clerks in con- troversies over the rules of the clerks’ national agreement was taken up for consideration by the United States railroad labor board (Continued on Page Four.) ance in acquiring land or a home)/Of Griffith. Speaker MacNeill put the motion for Griffith’s your organization does not mention.”| election, and he was unanimously chosen. GIRL IS FOUND DEAD, POISON PLOT IS SEEN SANTA ROSA, Cal, Jan. 10.—Jo- hanna 3B. Haberheuer, 19-yearold daughter of a farmer of Bellview, three miles from here, was found dead in bed early today and authorities are working on, the theory that someone entered hef room as she slept and Placed poison fn her mouth. A younger sister awoke suddenly Curing the night and found poison in her mouth. An Investigation showed that a window in the house had been forced open. Police are searching for @ ranch- hand who had been discharged by Haberhauer and who, it was said, had made threats against the lives of the farmer's family, 1 YANKS QUIT. 4 SEA, REPORT CHICAGO, Jan. 10.—Native Amert- ‘can seamen will soon become as ex- tinct ag the dodo, according to the In- ternational Seamen’s union, holding its 25th annual convention here. Tha union charged that the percentages of American “salts” on shipping board ‘and private vessels is now only 18 rwhereas in May last it was 50 per ‘cent. The unfon asserted that the United States shipping board is not encour- hging the Yankee seame: CRASH FATAL TO FOUR, 17 ARE INJURED VAN WERT, Ohio, Jan. 10.— Four children were killed and 17 others were injured shortly before 9 o'clock this morning when @ school bus was hit by Pennsylvania fast freight three miles east of here. There were 33 children in the bus which was en route to the township school. The drtver of the motor bus did not see the approaching train on account of the heavy fog, it was rald. Serta ~se Saving Lad From Death In River Proves Thriller CHICAGO, Jan. 10-——Max Rubins, 9-year-old schoolboy was rescued in spectacular fashion yesterday when he became marooned on a floating cake of ice in the drainage canal here and was being carried elong with the current to probable death. The boy had walked far out on the ice in an attempt, it was said to frighten smaller children, who were watching him. The {ce on which he was standing broke off. As the ice cake floated away sev- eral men heard the boy's cries and flung him a rope. plete its draft within two weeks and promulgation of 2 new set of rules is looked for by February 1. Forty-four roads submitted dis- agreements with the clerks on rule 57, calling for time and one-half pay after eight hours’ work, which the clerks wish continued. Eight roads today. The board expected to com- | have agreed with their clerks to | A RAIL CLERKS MAKE PLEA OVERTIME PAY IS ASKED pay prorata time after eight hours but other carriers are asking no ex- tra pay for the ninth hour, prorata for the tenth, and time and one hal? only after 10 hours. Monthly and weekly basis of pay are sought by about two-thirds of the road Involved as opposed to = dally rate basis which the employes ask to be continued, V1 N