The Daily Alaska empire Newspaper, March 1, 1928, Page 1

e TS Oy 0 PO e e SR o THE DAILY ALASKA EMPIRE “ALL THE NEWS ALL THE TIME” — M| Former American Official | | * | PSR L R 0, VOL. XXXL, NO. 4726. JUNEAU, ALASKA, THURSDAY, MARCH 1, 1928, COLBY DENIED BIVORCE PLEA FRENCH COURT Loses — Campaign Against Foreigners March 1 tended PARIS, feat ha Complete de- the efforts of Colby, American Soc of State unde President to obtain a divorce where so many of lesser known compatriots had their marital bonds severed in recent years. The Tribunal at Versailles, fore which Colby applied for o de last summer, decided it was without jurisdiction, as the former Secretary of State appar- ently - had mnot relinquished his domicile in the United States, al- though he has bheen living in France for the past 11 months. The court’'s decision is the first, so far as known, against 2 prominent American seeking a i vorce here in recent years. It interpreted by lawyers as meaning a campaign against for- cigners coming across the Atlan- tic and using the French courts as an easy means of getting a divorce and it has borne the first fruit as the French Courts could not have selected a better case in making the new pogition clear, us far as publicity goes, for not only is the applicant a former high official of America hut lawyer for former President Millerand. CLAIMS HOOVER DODGES ISSUES Bainbridge retary Wilson, France ¥ have easily be- 50 bl “Stand on Frohibition [s At- tacked by Represen- tative Tillman WASHINGTON, March 1—Sec- retary of Commerce Herbert. C. Hoover is accused in the House by Representative Tillman, Demo- crat of Arkansas, with “declining to be frank” in his reply to Borah’s questionnaire on Prohibi- tion. Representative Tillman said he represented himself and other drys who do not retary’s answer to the Idaho Sen- ator is responsihle for candor and courage. Borah stressed mainly whether Hoover favored ' incor- porating in the next Republican National platform a specific plank and Hoover dodged the issue by words signifying nothing, said Tillman. ——e——— Lindy Too Popular To Make Good Mate, Is Woman’s Belief CHICAGO, March 1-—Four wo- men out of five asked by The Chicago Tribufie’s “Inquiring Re- porter” whether they would like Col. Charles A. Lindbergh as ;n‘ hushand, replied with an emplm'il’hulia, tie “No!' The fifth thought he might make a good husband, but said he would have to propose, leap year or no leap year. Those who refused Colonel Lindbergh agreed he would be too popular to be a good hushband. Prince of Wales : Is Winner of Race TRETBURY, Eng., March 1.— The Prince of Wales today won the Welsh Guards’ race at the peaufort hunt, point to point event here. RN think the Sec-} More Honors Are Given to Col. Lindbergh | | { [ { \ : | | NEW YORK, March 1.— / The name of Col. Charles A Lindbergh has heen inscrib- ed alongside of those of Viscount - Cecil of England { | and Elihuy Root as the re- || cipient of the Woodrow Wil- | | son Peace Award. A $25,- {1000 award and the' Wilson ! | Medal wers mously vot- Il ed to America’s Good - Will | | Ambasssador by the Wood- || row Wilson Foundation for | | Contributions to Internation | | a1l Friendships. | I MRS, COOLIDGE GOES TOMOTHER i WRS. LEMIRA GOODHUER | WASHINGTON, March 1—Th: | eritical velapse of her mother’s "illnpss has prompted Mrs. Cool- idge to hurry to the bedside of Mrs. Lemira Goodhue, at North- ampton, Mass. Although hardly recovered he: | self from indisposition which h {been troubling her for a month and late as last Tuesday night to President Coolidge by Secr tary of Commerce Herbert Hoover, Mrs. Coolidge decided on the departure from Washington. Mrs. Geodhue has been ill as a result of influenza since last De- ' Mine C_l;u in' Plunge; BERLIN, March 1.—Thirteen ! miners were killed and 35 were Anjured when ‘two cages in a mine near Recklinghousen, West Prussia, broke away and jplunged to the bottom of the i shaft. e New Cannery for Kodiak Island Is Announced, Seattle SEATTLE, arch 1—A new | cannery for Kodiak Island is an- nounced by the Trinity Packing ‘Company which has purchased a | saltery on the Island and will "transform it into @ line canmery in (time for this season’s fishing. ‘Equipment is going morth on tho regular liners. CHAIN STORES HAILED AS DISTRIBUTION AID NEW YORK, chain store systems' the possible solution of one of industry’s great- es! “tion. 'fice the enormous single which enable both manufacturer and purchaser to achieve econ- &fles in produetion and distribu. m. March 1—Tradeflast 15 years, to the drug, meat, | observers see in the growth of|furniture, apparel, tobacco, five and ten cent, shoe, radio, music, restaurant, candy, electrical goods, modern problems—distribu: | baked goods and other lines, “Chains of department stores _ Few single ptores have 8o large| will hetore very long dominate and so rapid a stock turnover.|the retail field,” Edward A. Ti- mor can individual establishments | jene, president of William Filene's Sons company and for 40 years retail merchant, said recently. “We are right mow, in. the midst of epoch-making changes in meth- back in 1857, 3 ‘ 7t | attitude [ prevented her attending a dinnar; cember and has Dbeen failing | { rapidly. AT BEDSIDE | NORTHAMPTON, Mass.,, March I1. — Mrs. Coolidge has arrived ihere to visit her mother. Mfs. .Goodhue passed a comfortable night, attending physicians said. B i 13 Killed, 35 Injured | Annual Wo 00L. LINDBERGH BOOSTING N, Y. AIR PROPOSALS 1Guest of Léé;slature and Sees Gov. Smith Sign One Air Measure March 1-—Col. ALBANY, Charles A Lindbergh, visiting here as the guest of the New York State Legislature, saw par {tial realization of his dream of in- dividual state control of aviation matters. This was the signing by Gov. A. E. Smith of the first lof a series of bills comprising New York's proposed aviation pro- gram. Inspired with enthusiasm {aroused by the young flier's visit {the legislature passed the remain der of the bills. | Speaking at the first joint ses. other State, Col the members ol that New York's 1 toward the proposed air | legislation ~was being closely iwnu»hml by other states. individual of the { honor an thae the Governor | Linabergh told | the Legislature { WANTS TO VISIT PARIS | PARIS, March 1.--Col. Charles {A. Lindbergh would iike to visit il’al'ifl again next summer. the air in view of thousands, with acclaim from a multitude ringing in his ears, he desires to slip through Che; g or tHavee .without. attra andue fattention. This is contained .in a letter to a close personal friend. Col. Lindbergh said he would like to enjoy a full week in Paris incognito for he “had no opportunity to see Paris at all in 1927,” he said in the letter. ———ee—— | HENRY STIMSON NOW GOV, GEN, OF PHILIPPINES Inauguration Takes Place with Impressive Cere- monies at Manila MANILA, March 1. — Henry Stimson, New York lawyer and former .Secretary of War under President Taft, today took the office of Governor General of the Philippines, succeeding the late Gen. Leonard "Wood. The| inanguration had been widely heralded as the beginning of a new era of cooperation with the United States and was mark- ed by impressive ceremonies. The new Governor General ig- nored questions of insular inde- pendence in his inaugural address beyond saying that future rela- tions of the Islands to the United States ‘‘rests with the Govern- ment of the Unfted States.” Gov. Gen. Stimson asked the Filipinos to ferget politics for a while andy concentrate efforts upon economic developments as a means of attaining greater politi- cal lmdgm, % Chicago Cafes, ‘Under . U. S. Fire, Close Doors CHICAGO, March 1—Two of the 350 cafes which. the govern- ment seeks to padlock have closed their doors voluntarily. |- Club ‘Bagdad, one of the largest on the South Side, and Hollywood Barn, on the North Side, announc- ed last night they would not re- open. A half dozen others, also under temporary injunction, have indicated they would soon follow suft. 5 Los WASHINGTON, Mareh 1.—The |dirigible Los - has Teft Cuba for Lakehurst, N. J |ods of distribution, Mass produc-| - Ci;éllvii Coufl Rulésj Survey Cost Is Proper Charge for | sion called in at least 10 years to| Instead of swooping down from | “-:."Tu flo.nel | | rk of Assessment ‘ In deciding a suit, appealed from the U. 8. District Court a Fairbanks, to quiet title to a ph I('l’|' mining claim, the Circuit Court of Appeals for the Ninth District, ruled that a “survey of a mining claim is clearly in the nature of a permanent improve- ment which tends to facilitate iis development and to enhance its value,” and indicated that such 1 survey must be regarded as as- | sessment work. In 1915, the Alaska Legislature enacted a law that provided that the cost of a survey might jcredited as annual labor. statute has been very ( regarded by lawyers as unconsti’ tutional and as 80 held by the | Fairbanks court in the presen: | case. This History of Case | ‘The history of the case was set | {forth in the Appellate Court’s de-| cision as follow “From a decree dismissing |complaint in a suit to quiet title |to a placer mining claim the plaintiff appeals. The stipulatel |facts are as follows: Mike Byrne located the claim in question in 1905. He died December 5, 1920, For the annual labor of 1921 the tadministrator of his estate did work on the claim to the value of $40 and had a survey of the claim made by a Deputy United: States Mineral Surveyor at a cosl of $60, which was the usual and ordinary charge for such work. 1 For the annual labor between July 1, 1922, and July 1, 1923, the caused $100 worth | {of work to be done on the claim th» | administrator land between July 1, 1923 and | {April 1, 1924, he did another $100, worth of work upon the claim. ! On April 11, 1924, the claim not ibeing ‘in_the actual possession of any one, the appellant, (Alber | Wigand), relocated it, and at the commencement of the suit he wa: in the actual possession thereof.: It was his contention that the survey made for the year 1921 dil not constitute annual labor with- in the meaning of the law. “The Legislature of Alaska Ses sion Laws of 1915, Chapter 10, enacted that the cost of such a survey might be credited as an- nual labor, but provided that the claimant must file in the record- er's office in the district the field notes of the survey and a voucher showing the cost thereof, proper ly attested by the surveyor, to be incorporated into the proof of an- nual labor. The court below held the section unconstitutional, buf was of the opinion that inasmuch as it was apparently the law dur ing the period in which the ad- ministrator followed it ‘in good| raith, he was entitled to have his work and sthe cost of the survey considered as legal assessment work for the period ending July 1, 1922. The court also found tha' the work on the claim by the ad- ministrator for the two succeed ing years was done to the actual knowledge of the appellant, or if not to his actual knowledge, that he could by reasonable effor' have informed himself of the fact, and held that a miner should not ibe deprived of his property sole- ly because he took the law of the legislature at its face value, and that a court of equity should not aid one to relocate the claim with knowledge of the existinz law and knowledge of what the owner had done and after stand ing by silent and inactive until the owner had done annual as- sessments for two succeeding years thereafter.” A Views of Court Judee Gilbert, Circuit Judge, af ter stating the facts, said: “In the adjudicated cases therc is dearth of precise definition of the nature of the work on a pla- cer mining claim that will be ac- cepted as meeting the require ment that “not less than one hundred dollars worth of labor shall be performed, or improve- ments made during each year.' It is held that the statute should be given a liberal construction, McCulloch v, Murphy, 125 Fed. 147, and we find no case that holds that one hundred dollars worth of work done on a place mining claini in good faith, in the i | ba| generally | | belief that it will result in the development or improvement of the claim, is to be held insuffi- clent for the reason that it'is fll- advised or does mot in fact resul {in perceptible improvement or de- | velopment. On “the contrary t s held that the character of the work performed becomes material only when it is performed for of the claim but on “ In H oéi;ér Calls S;fin,for:dubdm pl;s H i; Honw Stanford University in California holds a biz place in the interesis of keiveiv oove: MEMBER OF ASSOCIATED PRESS PRICE TEN CENTS FIVE U. S. MARINES KILLED BY REBELS MARINES CAUGHT IN REBEL TRAP, JUNGLE AMBUSH Severe Blow Dealt Ameri- cans at Hands Nicara- guan Rebels ' LEATHERNECKS MASS FOR NEW ENCOUNTER Three Killedin Battle, Two Die of Wounds and Others Injured MANAGUA, Nicaragua, March | L.—With five United States Ma- rines dead, after being trapped n a jungle ambush, the Leather- 1ecks are massing in Northern Nicaragua. Y The followers of Rebel General Sandino have dealt the Marines the severest blow they have suf- fered since they drove the insur- zents from their stronghold at lal! and PILChipeie in Janus ary \ When word was received of the ambushing of a patrol of 26 (upper and the encounter between the left) ; most recent entrant for the Republican Presidential ncminatior‘x. Both he and Mrs, Hoover Marines and rebels, three detach- (right) are graduates of Stanford, and their homc (center) stands on its campue, 95, the year he finished his education there. left is Hoover as he looked in STANFORD, When Herbert had no money, but he mined to go to college That was in 1891, and the new Stanford University had just open- ed jls gates. Young Hoover en- rolled in the first freshman class. | Then he asked the president, Dr. | Cal,, Feb, 28 Hoover was 17 he was deter- sion to sleep in a building on which carpenters still were work- ing. none of before | of trustees, who wanted the buildings occupied completion. “I have never regreted disobey- | ing the trustees,” Dr. Jordan says. “Herbert . Hoover certainly has paid Stanford in full for his lodg- ing in that unfinished dormitory. I don’t know how many thousands he has given to the Hoover’s life has remained ‘ closely linked ' with Stanford, al- though the years have taken him COAST GUARD TO 18 to Asia as a mining enzineer, furope as a relief director, and Washington, where after a decade |in Australia, driving it over des- of service as wartime food admin-|erts at a time when the vehicle com- | was merce he has become a candidate |even a smooth road. istrator and secretary of for the Republican nomination. The Hoover home is on trustee of the university. engineer. ESTABLISH CLOSE PIQUOR BLOCKADE| SEATTLE. Marca Coi “ Guard cufters ‘not only will con- tinue to comb the waters of the Pacific for rum runners, but will convoy ~every suspicious vessei large and small, which may o may not be attempting to ll'fllmfurl liquor to other craft off the coast. 1 Using both the California and Washington units of the Coast Guard fleet, a virtual blockade will be established from the Mex- ican border to British Columbia in an effort to put a stop to the liquor traffic off the coast. The new drive was announced by Capt. John G. Berry, command- er of the Coast Guard on the Northy Paeifie, with the arrival of the San Francisco cutter Cahokia! in Seattle for fuel. Suspected as Rum Runner | Coast Guard cutters have been! convoying an auxiliary powered schooner, ‘presumably bound from Mexico for Vancouver, B. C, and suspected of being a liquor sup- 1 ply ship for the rum running; fleet. Ome of the cutters was the Cahokia, which picked up the convoy from another vessel at a| point south of San Francisco. ! Chief Boatswain 8. Halvorsen | of the Cahokia expected to con-| voy the schooner to British L‘u% lumbia but Bdward Savage, »| fireman aboard the cutter, becamc | seriously ill. The boat was di verted and Savage was taken (o the marine hospital in Port Tuwn-" send. The Cahokia came to Se:| attle. ] “We are following everything! off the coast that looks suspici- ous,” sald Captain Berry. “Wa expect to make it impossible for! a liquor supply ship to transfer her cargo to a rum runner off the —— - — WASHINGTON, March. 1—The Federal Radio Commission has of all existing broadcasting - | turned, nas led. presidential | he rediscovered rich veins of ore 4 the (in the days of Marco Polo. David Starr Jordan, for permis-| Stanford campus and Hoover is a | few years Mrs. | Russia, employing 45,000 persons Hoover is a Stanford graduates—a 3 Dr. Jordan, now c¢hancellor | Miks Lou™ Hefivy*sid wis the firs emeritus, - granted the request in|woman to complete a course in|with schools and hospitals. violation of on order of the board | metallurgy and ‘geology at the in- Soon after graduation he went to Australia as the man- Below at the ments of Marines were sent from points in the vicinity to rout, — kill or capture the rebels. AR of e B Three of the Marines were kill- d one of the first automobiles C& 1B the action and two others £ died from wounds. The dead Marines are: Private John C. Pump, ouncil Bluffs, Iowa. Private George J. Robbins, of San Antonio, Texas. 4 A Private Albert Schlaugh, of "“ Jamestown, North Dakota. Private Curtis J. Otto, of Trens ton, Washington, 1 -Corporal Cieero - D. - Aastiy, rockett, Texas. Eight Marines were injured, in- cluding Sergeant Charles Hisham, to | a to|u of regarded as dangerous on In G Burma from which Chinese mined silver later, Hoover wad s in the mining industry at Kish-' ©]'thi, Which Tie made a moddFi ¥ty (; | I 1913, only 22 years after pov- stitution. Herbert Hoover, Jr., is [erty had compelled him to sleep a graduate of the university and |in an unfinished building on the °F “Ou&mire, Washington. | Allan Hoover, the younger son, is | campus, Hoover returned to Stan.| 4¢Ut- 0'Day spent the night a .student there, living in the|ford and told T. T. C. Gregory, " the scene of the battle bury- Hoover home. lawyer and business associate, | 'S the dead and treating. the The $100,000 war library at!that he had made all the money |~ unded. Stanford was a gift from Secrc-|“any reasonable man can use | Other Marine patrols came into tary Hoover. It contains original| “My wants are simple,’ Hoover | OMtA¢t With the rebels at scat- documents relating to the World |said, according to Gregory. “Out.| o el Points during the last few war. | side’ of an occasional fishing trip 0°Y$ but there have: been no Hoover prepared himself at|and cigars, I have no luxuries to| ' 1e cusualties. Stanford for a carecr as a mining | indulge. 1 have made up my mind to give half of my time to pub- lie service.” " SENATOR REED APPEARING ON - PACIFIC COAST Frnnert) Committee of House Turns Navy Down 4 | WASHINGTON, March 1. || Aged Women Forced Into Streets W hen Fire Burns Home 80, and Mrs. Mary Walla years, were suffoc death, An overheated was the cause of the fire. .- RUTH ELDER LOSES 3300 d BOND MONEY, Fails to Appear in Court— Charged with Statu- tory Offense CLAYTON, Ga., March 1-—Ruih SR, B charged WK s Street brokerage house to quit the | York - Stock Exchange firm, siatneoME balunae in an Tpllet- r?la of husband to Mrs. Edmee [refuses to play the role of being siS . pebhaad i hore fout yeuve Eloige Pryibil, heiress to $4,000, 'supported by a wife who has an ago, falled -to appear when the 000 for the fortune of her father.|income from one-third of a trust case was called in the Superior|ihe late Jacob Schaefer Brewer.|tund of $11,000,000 established by Court and forfeited a bond cf |have been disclosed. | her father,” the attorney wald. $500, Start of divorce proceedings by “wWhen Pryibil found his wife was The indietment allc the of.{Paul Pryibil in Florlda on grounds | more of a doll who loved to dress fense was committed - In mzuuf desertion was revealed when|in fine clothes than a wife who ! when Miss Elder, then Mrs. C. E.(Mrs. Pryibil applied in the Su Moody, lived here with her hus. Iband, teacher of a small mountain |restraiy school. Shuford Jenkins, described an itinerant evangelist, 40 aged furnace against [reserved decision. ordered an extension until April 1| whom a similar charge was re-| Max D. Steuer, counsel for Pry- in April, 1925; when he wen not bsen apprehend- £y ~The House Naval Commit- | (nvades” Calildyeia Urgeo tee has refused to follow the Navy Department's rec- Nati ommendation and voted to- lonal Defense nnd day to authorize appropria- Preparedness tion of only $14,800,000 for modernization of two battle- | LOS ANGELES, Cal, March 1—= \ CHICAGO, N1, March 1.-—Fire,| | ghips, instead of $34,670,000 |A policy for staunch National Ds- sweeping an Old Women's Home, | | requested. | |fense and preparedness was advo- early today took two lives and| | i ted here last might by Unitad sent a score of women, all more gz 4¢ States Senator James A. Reed on than 50 years of age, running |the shores of the Pacific as he into the street in their night|gse. PO |opened his invasio; a. clothes. Mrs. Mary Coffey, aged ngll School Learnmg | I1'h(= Missouri Dol:n:ctrfz?: 'orrr':’at 2 1o dential candidate coupled his ploa ! Apphed by HOME for support for a sturdy and “ade- " qu N BOS1U, marcn 1—High 80B00l | on- tho Ropublican Aoeoletrion {Instruction in dressmaking Nas'in which he assafled the “mac- practical results, Mrs. Johm Fin- ivity” of President Coolidge in lay of Boston found. the investigation of the leasing In a speech prepared for deliv-!ot Naval Oil reserves and Mellon ery. here today before members of | for participation in the “cor'rm the National Bducation associa- | Pennsylvania < Senatorial election™ tion, Mrs. Finlay attributed her | of 1926. lability to make and remodel her! Senator Reed called on the Yown ‘and her daughter's clothing Democrats to lay -aside the Pro- to teaining received in the Bos- hibition issue amd ‘“‘drive the vil- ton High School of Practical Arts. lains from office.” $15 CLERK SEEKS DIVORCE FROM HIS WIFE WHQ 1S HEIRESS TO SHARE IN FORTUNE OF FOUR MILLION,DOLLARS NEW YORK, March 1—Efforis| “My client, who has been earn- of a $15-a-week clerk for a Wall ing $15 a week as a clerk in a to |cared to.'be with her hu |he proposed a Paris divorce could not receive the consent Mrs. Pryibil,” Mr. Steuer said. Mr., Steuer said Pryibil lished his residence in preme Court for an injunection to her husband’s action on the grounds that he is not a resi- a4 |dent of Florida. Justice Callahav | with his wife in an effort ibil, opposed the application for : tablish their home, tnjunction. @