The Daily Alaska empire Newspaper, May 17, 1927, Page 1

/ THE DAILY \ R e——— VOL. XXX., NO. 4482. ALASKA “ALL THE NEWS ALL THE TIME JUNEAU, ALASKA, TUESDAY, MAY | ly EMPIRE MEMBER OF ASSOCIATED PRESS A e v go—— PRICE TEN CENTS TOWN DESTROYED BY FLOOD WATERS Forcible Intervention in the Internal Affairs of Mexico by U.S. not CONTROVERSY IN MEXICO.SUBJECT CHORCH REPORT Department of Federal Coun-| cil of Churches Concludes Its Investigation. THOROUGH PROBE IS MADE GIL, LAND LAWS Confiscatoryil': eatures Ex-| plained—Both Sides of Issue Are Stated. NEW YORK, May 17.—The oil and land eontroversy between the United | States and Mexico rests upon a rea! grievance on the part of American interests, but not one that justifies, under such sanctions of internationai law, any sort of forcible interven tion i the internal affairs of that| nation, states a report made puhlu: today by the Department of Ro-| search and Education of the Federal Council of Churches. The report is the result of several mopths investigation by the Depart- ment of Research and Education and | is introduced as a * ctly informa- tienal- decwment,” which disclaims any intention {0 suggest what course | either government should follow. The petroleum law of 1925, says tha report, is found to have cor fiscatory features and to be at var'- ance with the understandings arrived at fn 1923 as a prelude to the re-| cognition of the Mexican governmen® | by the United States. The report| points out at the same time that| such violence as has been done to American property rights arises out of sovereign acts of the Mexican Re- public in the adoption of her con- stitution and the enactment of dome- stic legislation, and that in the pre- sent state of international relations cach nation, including the United States, '“demands the right to be the judge of its own domestic laws, always subject to the limitation that it the operation of these laws re-| sults in# violation of rights under internationgl law the victim of any resulting ihjustice may deémand.; through his government, redress ia forms prescribed by international law.” Major Points Involved The department investigated oil and land situation in all its *phases and presents what it con- sidars to be the major points of the, controversy. The report says: “The question at issue in the oil dispute is one of property rights. The government of the United States claims that under the Constitution of 1917 and the law of 1925 prop- erty rights are being taken from the oil companies without compensation— that article 27 of the Constitution, and the law of 1925 are confiscatory. This point involves rights under Mexican law and under international law. 1926 Oil Law Confiscatory “The oil companies believe that the law of 1926 is confiscatory, no matter what may be the decision of the Mexican Supreme Court. But in- ternational law is the same for all nations, and if a Mexican law may be treated as invalid under a rule of international law and inapplicable to American-owned property, an act of Congress or of a state legislature may also be called into question if a foreign government believes it to be contrary to a precept of interna- tional law. - “While there is no organ of in- ternational law which can confrol the legislature, executive and judiciary of an independent state and declare their acts invalid, the operation of| such acts may give rise to a claim for damages. The oil companies con- tend that in their case damages will not constitute adequate redress. They maintain that they want the prop- erty, not an award of damages which an international arbitration tribunal may grant but actual payment of| which would be problematic. i Land Controversy With reference to the land con-| troversy, the report says: “Prior to the controversy over the petroleum laws, which has recently overshadowed everything else, the land distribution program was the occasion for considerable dissatis- faction on the part of foreign in- vestors and for controversy between the govornments of Mexico and the United = States. Complaints made the CAPT, WILKINS * AT FAIRBANKS: ANOTHER TRIP t Will Start Again This Week for Another Attempt to Explore Blind Spot. Justified, Says Repor MISS DAWES, JILTED, PROSTRATED BEN EIELSON REMAINS | FOR TREATMENT, HANDS | Fokker Plane Alask Used on Next Flight Into Arctic Regions. 1 | i | FAIRBANIS, George H to Point Bar |late this weel | to explore the ! announced whi | ker p Mayv 17 s will roturn v Fairbanks | 1 another attemp ctic blind spot, h preparing the Fok r the fi ew here Saturda ! Wilkin | Capt fly | northea darrow rection pan. He rer G ) om hitherto will he am whil for it by whitg ! companied by Ben Eielson vemains her ment to a frofed hand The plane Alaskar the Detroit ‘N abundoned on g Missi Wilkif 't Poinf Barrow on the unexplored Areti were caught in a and landed on {1 trouble developtd No. 1. Eieldon hours on the | ceeded in start men again took engine troubl ond landing vii hours' work on lair was taken and thick weat supply giving was made on smooth ice A bliz then ¢l | Will fingers they out each with ac i After three they reduced their load and hauled only one sled, Thre days later they abandoned-the s packed . their clothing and food and started again. They crossed around many open leads in the ice and finally reached Beechey Point, 70 miles south of where they landed with their plane. Natives carried work to Point Barrow of the where abouts of Wilkins and Efelson Alger Graham set out in Plane 2 and took the two exporers Point Barrow, arriving th 6:15 on the eveming of April D Postmaster at Fairbanks Wins Case INGTON, May 17.—T. H rmer Postmaster at ir-} | t will replace 1 which wa Capt left March toriific whi De worked engine, ice n en News anil Another resniel nulted the engine gain but high and the a third mall and gasoline landin patch out Miss Miriam Dawes, daughter of William R. Dawes, Chicagoan, % ol and cousin of Vice-President Charles G. Dawes, is under care of doctors, suffering from shock, following the elopement of her fiance, Gordon Bilderbeck. He wed Miss Gertrude Sergeant, of Champaign, Ill. Bilderbeck is an auto agency manager. Miss Dawes was entertaining her bridesmaids-to-be when she got the news of the marriage, FLIER BREAKS WITH SPONSOR OF AR RACE NEW YORK, May break between Llc gator of the Bellanca monoplane Coiumbia, and Charles Levine, chief backer of the project, threat- ened to eliminate the plane from the triple Paris dash. Bertaud’s lawyer, Clarence Nutt, charges Levine is deliberately de- laying the take-off to ‘allow Byrd and Linbergh to get away first and thut this will prove an excuse for cancellation of the Columbi's flight. Mean'vhile continued unfavorable weather indicates the fliers will not start before Thursday at which time Italian Government Byrd is expected to be ready to juhli Work to Unearth Ancient the race. B Roman City. d for two and latter bit usel raged ather came and Eielson, th g0 badly frost and W bec nck ) da 1 Indrews No Plans T'o Resign Job Has Made President Returns To His Desk After Day’s Illness WASHIN etant Treasu of the and rea iTON, M | r r P rvic and No to ¥ neh WASHINOTO May o o President Coolidge retur to his desk this morning af:er he spent the greater part of yes- terday in bed with a cold in his chest. He celivers an ad dress before the American Med- ical Asscciation tonight. | banks, Ala won i the Supreméj’ ERCULANEUM = ™ """ " BLOODSHED | his custody undertake, e but he gave indicat the 1e expected ignation youut to be tendered, On the ry. Andrew he ¥ no plans n and not intend ! thi time 17.—An open d Bertaud, na T Former | | WASH | Deal $ >ee proceedings of money and Gov- in the post office when Deal was Post- honding company was {oss, amonnt of rioney | fand bonds, lost the case in thel d 3 | District and Cirenits courts and|Liberal Leader fmys 1 then appea ¢l to the Supreme Court | p ” 7, D VR | Ramming Diaz Presiden- Mrs. Mcinerson Is Sued cy Down Throats. For One Million Dollars : The lega from the theft . |{erpmena nds Begins at Fair ster. ued for tl ACOSTA WTH BYRD NEW YORK, May 17. — Bert Acosta, who with Clarence B. Cham- berlin brought the world endurance flight record to the United States, has been selected by Commander| Richard E. Byrd, as pilot of the latter’'s Fokker monoplare America on the New York to Paris flight. RESINA, May 17 abor| which has defied human ingenuity for 1,848 years, has begun unde the auspic of the Italian Govern-| ment. King Vietor Emmanuel of-| ficially inaugurated the work of| excavating the ancient Roman city LOS ANGEI Cal., May Herculaneum,'which with its neigh-/ An amendcd complaint, ing dam bor, Pompeii, was buried by an ages for $1.000,000 alleged defar eruption of Mt. Vesuvius. Pompeil|tion of character, has been filed inj has been evacuated. It is hoped the Super Court against Mrs.| that Herculaneum will prove even| Aimee McUhorson and her moth richer in archaeological treasures M Minnie Kennedy, by Mrs, Virl| since it was a summer resort-and A. Kimball ‘The latter charges Mrs {4y, ., of the Nicar rich instead of a commercial town McPLerson ferred to her the Presidenecy of Adolfo. Diaz like Pompeii. | woman who occupied the Carmel y | Cottage witl Kenneth G. Ormiston. | i8A. . 04 fear that Bootleggers Must Make \ A8, Nic.,, May Dr. Juan Sacass al government, | PIERTO CABJ » __{—In a statement 19 —1 head of the Lib "1 seried thac He -1 sotial - represer ool inste the real situation appear been sent to Niearagua for press purp of ramming to the Convict Convicted of Murder Must Pay Penalty WASHINGTON, May 17.—James Willos, convicted with Ellsworth Kel- ly and Tom Murray for the murder of John Sweeney, guard in the Ore- gon State Penitentiary at Salem, two years ago, lost his appeal in the Su préme Court and must be hanged. The killing occurred while the trio was making escape from the prison. — e - New Paper Mill Is Now Certain on Puget Sound AR SEATTLE, May 16.—Construction of a new paper mill on Puget Sound by the Zellerbach Cooperation at ths cost of approximately $2,500,000 is 4 made certain by the announcement Three Are Dunme a transfusion that arrangements have been “com- LOS ANGELES, Cal, May 17.— [failed pleted with Blyth-Witter Company |The Sfate announces its sanction for | and J. Barth Company for $3,000,000 |dismissal of murder charges against | sprung. of the new financing in the form /Iris Burns, Anita Davis, and Joe 1 Hogker was a member of a nosser of 30,000 shares of convertible and |Hunt, who with Mrs. Sarah Kerrick | Deputy Marshal Willlam Eddy will|searching for Brownlee following ' ® arming the Liberal troops by ‘()‘"l! time -.:AHIf operator at the United' States Marin would | Evangelist's Temple here. in blodshed and asserted that i b 3o | bloodshed would only be cau i the attitude of t American ernment ) WASHINGTON May 17.—Bootleg-! gers and others wifh incomes from: unlawful business, must file federal income tax returns. The Suprem- Court has held this point but the Wilfred maker of the return has a right to|shot yes test validity of the tax on such in-. manner comes. 1Cli My:terit;us Shooting Reported, Victim Dead WILLIA "I"'fln;:"'\t'(j-‘-v yay 17— World War Veteran Is X ftaimed Hanged Oregon Prison terday in an une the. home of Leonard vright and novelist, in and died in 8t. Joseph An effort to save his life Ceee lay | 1d, | Hospital twas made ,Cline gave May Wa 17 veterar Peni slaying heriff 'of Albert wa SALEM, Brownlee, World ) hanged in the Stat wrly Jast evening DY this morning for ! pint of his blood in!gon® oot M€ 0N operation which County, on February | Hrownlee pronounced {16 minutes the trap Ore., Mnrde;VClrurgu A:unst v R e WA EDDY GOING AS GUARD % after against the government of Mexico o o £ v R e RN GR e L BR, (Contitiued on Page Seven.) e FRENCH FLIERS STILL MlSSiNG FEARED IN NIG.. @ still one of L week ago last side Trom veports 1 ¢ )Y belioved inown Iso i 1, hope and ad had is left H. FISKE LOSES Hope HIGHEST COURT K ansas Stal(‘, S.\'ndi('a]isln Laws Is Upheld on Appeal Taken, Convicted Man. HINGTON The Court of Un 1 the Criminal docizion hie 192 at with violatin ndicalisn today arrived from Okla Harold B. Fisk Geneseo, Kans., the state cri- minal syndicalism law. Tried and convicted, he appealed to the Su preme Court, challenging the stitutionality of the' law 1. W. W. Question Broadly stated. the question nted was whether membership i organization work for ' the rial Worker mi crime, the fact that used the preamble constitution found the contention in a made day d pre in In- issue turned at the trial to the L. W on Fiske, to that he a 10 m Kansas mly W sustain form of government ke claimed that the lid not diselose such a purpose. inlsted that there was nothing in physical violence, preamble in it advoc (Continued on Page SYNDICALISM LAW OF | i i | HIS FIGHT IN | i ted States | | LEVEE BREAKS DURING NIGHT FLOODING TOWN One Thousand Residents Flee | in Night Clothes Follow- ‘ ing Warnings. EYE WITNESS BELIEVES | MANY LOST THEIR LIVES jFr.‘v:m:s of Women and Chil- : dren Are Heard Above | Rr)arofRushingWalel's. BATON ROU( is report Melville, bank of La.. May the main iana, on th Atchafalay morni resid were forced f tical their night eclothos | S € ¢ information came | trom telephone operator at Mel- ville vd virtually everything in the ywii has been destroyed and the 1,000 inhabita Ze¢ on the levees. standing by early remove the flood 17 levae west River, and the e prac- 1 L the this | broke nt to who t most of ought n to M Melville druggist. the first refugees flood waters. She aid that the inhabitantg of the town were aronsed by sNots fired by the levee guards, The residents rusied from their homes in their ) clothes. Roar and Screams Mrs. MacNeil said: “The people sevambled up the levees where they waited for reseuc boats. They have abs tely nothing. Most of them did not hiave time to get any clothes The “flood” waters “rushed through the break with a roar that swept houses, tearing them from foundations, lifting them np sing thém away. Boards and nber were tossed ahout like Intermingled with rhe water could be heard women and children sat on the levees of bank erying and shiver- was dreadful. The shots have aroused everyone, 1 know but I am afraid that whose homes were near the may have lost the'r lives." one of to escape from the of im the of It not do not people RELIET TRAIN MAROONED NEW ORLEANS, La., May 17.— Flood waters raced through the break in the levee into Melville with such ed that the relief train held to take out the refugees was marooned with the fleeing, half- dressed citizens. When the break this morning, whistles shrieked a warning and guards sped through the ts firing guns and erying: 4 the crevasse.' g wae 1,500 feet wide occurred early crevasse Y moon >-oo 2 EARTH SHOCKS con of the World could | 1Y the or-| ganization advocated force to change Ho | the FELT IN EUREKA Cal., May sharp arthquakes of several see- onds duration were felt here and in other sections of Humboldt Coun- night. Reports from County towns stated that buildings swayed, windows rattled and many were awakened from their slumbers. 37 EARTH TREMORS BELGRADE, Jugo Slavia, May 7 Thirty-seven earth tremors have been felt in Jugo Slavia within past 48 hours. Some lives have been lost in panies caused by the quakes and considerable damage to rty has resulted. REight deaths wrted from the Prov 17 Two CALIFORNIA UPHELD BY SUPREME COURT WASHINGTON, May 17 b preme Court has declared that Criminal Syndicalism law of foruia is valid and constitutiona n the case brought by Charlotte Anita Whitney. When by Charlotte Antia minal first assailed Whitney, the California eri syndicalism law was allegs to be an unconstitutional restrau upon the rights of fice assembly and free speech After the Supreme Court had dis- missed the suit for want of jurisdic tion and had reinstated it upon a preferred stock. Formal offerings of |and Harry Isabell were charged with |leave tonight on the Alaska to take | the robbery of a pool hall at Veneta the stock will be made as soon as|the murder ot Tom Kerrick, film|William Powers to Morningside Sani | and the shooting of John Maddaugh complete figures are avallgble, cowboy. itarium at Portland, Oregon. lprupnulor. showing that constitutional questions had been presented while the cas wag before the state courts, counsel { d 1ot Vhitney confined their at- 4 the application of the law to her particular acts. The state asserted this quostion had been ‘de- termined by the trial e Miss Whitney's Defense It was a rted in Miss Whitney's defense that she had not advocated oveorthrow of the present form covernment by the usc of fores, but had participated in a meeting of radicals for the purpose of exercis- ing her influence to restrain them from resorting to unlawful means. State’s Contention The state replied that while Miss Whitney's resolutions had been voted (Continued on Page Two.) Miss for el k