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Show - - WEATHER UTAH -- - Snnday and Monday showers; warmer ' north-portio' Sunday. - . hx-al ill : n v t Fifty-firs- If I " mm- - mtnwrtf of fatlrri Utah sol. dler by dropping aoroe pre rharurc to tUe Service ktar Leg. fem bnk for the memorial M tablet food. i OGDEN CrTY, UTAH.1 SUNDAY MORNING, JULY 31, 1921, w r. ; MEMORIAL TABLKT. Von can How respect to ( he AY 111 No. 222 Year . V 3 : T0 YMS 500 PER' CENT" IN SCHOOL TAXES' HERE' INC RE&SE 1 . ' WW . ...... ;v ;"..' .... ... .... ' , V - o N o RIAKIING CASE GOES HIGHER 30GDENFK1S EDITORIAL I TAKE FIGHT TO Supreme Tribunal's Decision to Be Appealed Utah Race Horses PROBLEMS LOOM TAX INCREASE 500 PER CENT IN TEN YEARS . If the school boards continue defiant of public opinion,arid hold to their demands for more money than last year, you taxpayers will pay 18.73 mills of a total levy of about 30 mills to these boards. Success or Failure of DisNor is that all. armament Conference to In addition to the amount the Hinge on Them boards will get directly from you, the boards will get large sums from the state schools funds, of WHAT . U. 'S. IS AFTER which one item alone will' equal $25 for each child of school age.; Several Nations ; Interested To raise the money which the in Outcome of Orient i state gives to our schools the state Issues levies 4.7 mills as a state, school COM A -- ' Own Plants ' tax. Right to appeal the action of the supreme court of Utah in upholding the decision of. the public utilities commission in allowing the Utah Power & Light company to break its contract was with certain power users of OerdenPorttue to Ogden yesterday granted land Cement company, The Union Portland Cement company, and the Utah-Idah- o Central railroad company. I the mystery of SOLUTION of ppearance of th apThe companies yesterday ma,de of man Corf o Justice Chief plication of writs court for the Utah Supreme of the error to the supremearecourt cases in the United States. These which the public utility commission set the aside the contracts made between- and Utah Power & Light company these companies in its recent order the Utah and which was affirmed-bthis year. of 3rd court oh May supreme PAVERS SERVED. The chief justice allowed, thq writs, fixed the bonds and issued, the "citation ' to he public utility commission- - re-- i quiring it to 'appear- m the supreme, court of the United States .wlthrn'th.r. the assignment ""of ty day 3 to answer errors. He also directed Mr. Christy, the clerk of the United States indistrict each court, to issue writs of error Howard case in the name of Vllliam the United justice of, Clerk Taft. chief was Chrisdfme by States. This were case the in the papers ty and eerved, on Attorney - General Harvey Cluff, "who as attorney general represents the public utility commission. ARGUMENT IN BRIEF. In brief the claim of the cement companies and the inrailroad company question cannot is that the contract be set aside by the utilities commission as the contracts were made with the power company subsequfnt to the passage of the law creating theatpublic the utility comjmission and that time the contracts were made there was no public utility commission and consuiuuundi consequently no- law orsuch provision prohibiting, Utah contracts Power & and at that time the declared not been had Light company a public utility. According to law these writs of error must be applied for within ninety which days after the court decision would make tomorrow the expiration date. H. II. Henderson, Wade Johnson and C R. Hollingsworth are attorneys for the cement companies, and and Howell, Stine & Gwilliam o CenAgee represent the tral Railway company. Charges are made by the Ogden Portland Cement company with headBakplants at quarters at Ogden and entered that Boxelder county, they er, into a contract with the Utah Power & Light company for a certain rate on power, which rate has now been the greatly increased by permission of The commission. utilities public broken contract was to have, continu- ed for a period of ten years. PLANT DISMANTLED. In accordance with the contract the cement company "asserts that it dismantled its steam plant, which had been constructed at a cost of $150,-00and that when it was entirely within the power sof the Utah Power & Light company, the commission allowed an increase in rates, without of the cost and expense to the thought cement company. The Union Portland Cement company alleges that .it -- dismantled its steam plant at Devil's Slide which had cost $300,000, at the behest of the Utah Power & Light company, and that it was now forced to either accompany cept the terms of the power or go to the expense of erecting another steam plant at a cost now of approximately $750,000. RAILROAD'S COMPLAINT. Under contracts made at the samt time as those of the cement comCentral railpanies, the Utah-Idah- o road company disposed of its hydroelectric plant to the with the distinct understanding that receive power and light for a period of 10 years at a given rate. ' This contract, the company asserts, has now been violated by the power company in every shape and form, and that as a result of the finding of the public utilities commission, the railroad is today paying an increase of 80 per cent over the rate stipulated In the contract. GOES TO WASHINGTON. Vinlrl ormrt Should the giinrpmA . ..XS.VA "w . decision of the lower court' valid it will mean an increase m power and light rates to several hundreds of large users, of from 60 to 80 per cent. Should the decision, .however, be reversed, it is pointed out it will act as V that a contract given by a precedent public utility company in good faith, no matter what later circumstances may prove to be, must be lived up to. epected and y - -- - - De-Vin- e, Utah-Idah- 0, ny , it-sho- . ''" f r t :r . - fficers to remove to Ogden. . i .5- ; .. In-th- -- : - - .".' . . ' f : " ;;; and-navi- es . v ' r-i- 'v.; ' '';f If 367i.tES OF . LROAD IULL - - TURN TO RUST n extra-territori- al post-office-a- I -- I -- -- e - men-wer- e : . nd PAR CRUSHED - j AIR CRASH (By International New Service.) DENVER. Colo.. July 10. While JOPLIN. Mo.. July 3 0.' A ribbon of hundreds of spectators looked on at glistening steel .367 miles long, the an air carnival here this afternoon. ! com r lai nt st - . af . . exprra-aJonlem- rnATT - waa-ordere- "At S:S0 o'clock the next mom- -' I went to the Hermitage with an expreaaman to haul the equlp- ment to town. But the boxes had mysteriously disappeared. "I asked Cathers what had be-- I come of the equipment eaid he declared that he had set the boxes oflWor the officers the night be fore. He said that someone must have stolen. them In the night." So far the equipment has not been recovered, but we have an Idea where It was hauled and will make an effort to se!& the boxes. Even lrt the, event the equipment la not found, the case will be prosecuted. ioo m, IMPRF-SSIV-r: Britons Find Editor Wrong On Prohibition . e In his custody when he oo - . - MANY FACE CRISIS. 'Left without railroad facilities they face-crlsfs which will mean ruin to many. Aireaay a frotectlve league has been formed by farmers and business men to raise fund for maintaining the road and to guarantee deficits for the next 'few. months. If this plan falls 'the league propose to form a company of business men from towns along: . the joad which road from th.recelv. would lease-thers. capitalise, and operate lt until such time-athe company again Is able to take charge. But until some &&lbc t'flrst aid' method, of resuscitation 1a found the Missouri & North Arkansas trains will stand motionless In the yards and sidwaiting for. the touch of 'a Mldns ing.. to set them rolling over the ' rails a e s again. V ' ' " OP KU KLUX KLAN - DENY -SENDING- - WARNING : - ; SAVANNAH. Oa .'July of people, some of whom, it Is declared, represented the local Ku' KJux Klan. today called upon- Mm. M. M. Dodge, sister- of Walter C. ChaTee. a well known contractor who left Savannah n week .ago oXter receh-in. a "warning and also asked that she nobrother to return to Savantify heronce. . , . r nah at Tha visitors declared the Ku Klux had nothlrwr to do with the notice sent Chafee, who is now en route to Los Angeles, CaU where he formerly thed. Mrs. Dot! ge said she would advise her . brother to return. 30. A'nurn-be- n - - x . . . Falling Airplane Darkens 5 Towns, Stops Railroad DAVENPORT. Ia.. 0. An out of com-mllelectric road was putJuly and five towns darkened tonight as a result cf an airplane accident. Ueut. Ewlng Brterly. tn an attempt to land his aircraft here crashed Into a string f e'.ec- -. a 1S.000-vo- lt 3 on evercd transmlselon line; supplying power to the town and road. Tho electric railway Is 30 miles long. Urlerlv was uninjured, the plane finally landing in Duck Creek,, , waa-kllld- . WOMAN SUICIDE, VERDICT OF JtJRS: BATtnAItA. Cai.. July 3t. FUawson, wealthy New York woman, whose body wss found on a pleasure pier at Miramarnesr her early today, committed auiclde by shooting, according to a coroner'a verdict today. Mrs, Flawson had been in 111 health for some time. Trtnr tn lnUlf hff lifo Mrs. Rlaw. the beach near lb on was driven-tft ANT A Mr. Charlea to. return home. oo TOWN IN KANSAS CLAIMS HEAT RECORD , trir wire and ARGC31KNTS. Impressive arguments wete made by both District Attorney yesterday F.vana and Judge Pratt. Before the instructions of the court. It was the concensus of opinion 'In the courtroom that the atato had 'an even chance for conviction. - Patrolman Manzel was shot through the. head and instantly killed in the hallway of the Carlyale rooming houe on Twenty-fift- h street, on tb morning of May f. Hernandex was arrested a few hours after the shooting and, the link that Is declared by officers t? have connected him with the crime i the finding In t his pocket of a key rhlch fitted a suitcase found in a roUn In the rooming house. Acting upen thls'clue the officers began piling. up evidence agalnat Hernandet.tinUi tho believed they had sufficient to Insure his conviction in court. "With hla acquittal of the .murder charge last night, the Mexican t will now stand trial for participation in the, robbery of the N. J. Ogden store. Patrolman Mar.xel was Investigating this robbery and had two Mexican. eufpect " - i- ti. a . ' congrattlatkd. Congratulations were extended" to former Judge Artbur E. Pratt for hla gallant fight for the penniless Mexican and his success In brtnglng" about the Verdict.. Judge Pratt ts Mid (o have acted without remune ratlon.haX-in-g been appointed by the state to ae the defendant's counaeL It can be ai said to his credit that never has there been a harder fight made In the district court by an attorney who acted without hope of reward. Judge Pratt, also defended Hernandez during ihe first trial when the Jury failed to reach a verdict and a new trial Hopes of victory for. the state were sent shimmering when Judge Kimball, to the aurprise of those In the'eourt-rooInstructed the Jury to return-verdict of murder !n the first degree-, or acquit the defendant. District Attorney Joseph E. Hvana. who conducted the prosecution indicated that ha held little hope for conviction after the Instructions of the court," During, the first trial the. Jury was given the authority to return either a verdict of first or aecond degree ' . . . murder, 3 . Ing " nLi:i. When Hernandes wa taken back to his cell, deputies In the sheriffs department said .the complaint had been filed and they' held a warrent for 4K of. the Mexican- i H Tronic rerret will now be .held tor. trial on a first derrre 'Uirglary charge! . The Mexican hfard the verdict read .without the least slgtvof . emotion. Yhcn it wa explained. to him that the jury: bad,fvin.J him., not .guilty and (ha meaning of the rc?rd.hl! face relaxed almost Into 4 smile. Rut when further explanations were mad that he was to b held to answer the burg-lar- v charge. HemaDdrX turned- palea and hi face again donned th mask. which has characUtiied him during the days of trial. . - e Pilot Koks n. Poland of Cameron. Mo.. tracks of the Missouri and North Ar- and George XV. Linger, prominent kansas railroad, winding from this Denver automobile man. were almost when their city through the heart of the Ozarks instantly killed plane and northern Arkansas to Helena, crashed scarcely IS feet to the ground will start to rust from next Monday. at the take-of- f of an air Tomorrow night the last train wllij Both were in an Italian derby.. one rumble over the. line and at midnight' of the six participating In plane, a 24 mile the road will suspend operation and handicap race, one of the features of "close up shop." air carnival., given unthe three-da- y The discontinuance of ervice marks der the auspices of tjie Kns of Colorathe end of a stormy six months on the! do nt a local aviation field. Pilot Poland had banked his plane' part of the management to operate thf road and nay the bills. Lack trf funds lust after the take-of- f and It settled! and Inability to meet expenses has quickly, lost speed and crashed nose-fir- finally forced a complete shutdown of Into the ground. the system through a region which The heavy motor was thrown back now will be entirely without rrailroad against the bodies of the pilot and facilities. IJnger. acting as one of the judges of 30. Lord REACHES ACUTE STAGE. NEW YORK. July the race. Poland was dead wben specJocularattltud tators reached the demolished plane, toward prohibition as indicated brought the railroad's struggle to sur- - linger lived a few minutes. Their by his question "where it - it?" rive to an acute stage. The employes nfeka were broken and both were terafter hla recent arrival shortly . quit after refuslnK a 20 per cent wage! ribly crushed. Is not shared by two British here cut. Two days after the walkout the' .Poland, a former service man. had members of parliament who arroad Imported men and tratrf service been employed aa an instructor at the rived on the Baltic last Monday. was resumed. local aviation field lor several months, They report mhaving found It evhere 'from Colorado Springs-HImmcdlately war was declared. Hoson diligent tour of Inerywhere tilities opened with the burning of two coming was about SO years old. Linger vestigation. bridges near Harrison, Arkansas, the who was l years old, was a member X. E, Davidson, of fimelwlck. in headquarters of the company. Then of a local automobile sales agency began a series of embarrassing acts and was one. of the six citizens wbo Birmingham, and C. IL Eich. ofcame primarily to which cost the road thousands of dol- accompanied the pilots In the sir derby Staffordshire, ' lars and have to the end. to keep a record of the altitude at Investigate American labor condiA few weeks ago failure to meet an which the planes were tions. One of the flrtt matter to fly. overdue .payroll nearly caused a su- He "was widely known supposed into which they Inquired was the Srhether throughout the working man could spension. The payroll was. met and west as a cattle man. , a drink when be wanted It. the road was able to continue through ;The otherpilots.v not, noticing the get the month. accident continued the race which was . , .Volstead law is most ef- It present Is estimated that, over a hundred won by Pilot Paul Meng. w j their comment at ficient." thousand persons in 1 the. town's and .TrK body of the plane was virtually In the Blltmore. their apartment -vtllajrea ajopg the, railroad will be ef- splintered as .far back as the second oo fected by the shut down. , scat ".-'- . . ' - . court." ! I - HUNDREDS SEE " -- -- - . . It was Ihen found thntthe equipment was too large porportlons to haul tn Ogden that night In our car and w left It there with the Idea of hauling It down the next morning. "Cathers promised in tha presence of myself. County Attorney David J. 'Wilson, and Motorcycle Officer Charles Crawford that h'J would take charge of the equipment and. have it ready for the officers In the morning. He appeared almost anxious that we get the devices, declaring that he wanted to make a lest case In -- j - " "W arrested Cathers and. ordered him to lock up the' equip-ment Tuesday night.' Deputy We looked Tout aM yesterday. on while the equipment was placed in large boxes and locked up. 1 $-il- l -- race-horae- - I . Francisco Hernandez. Mexican, was found not ruilty bv Jury la?t nlrht of the murder of Patrolman Charlff Manxel of the Ogden- police depart ment. The verdict, was returned In the district court shortly before 7 o'clock after the Jury had deliberated for'two hours and 35 minutes. Following the reading of the verdict Judge James N. KJmball ordered in th the prisoner held by the pheriff event" that County Attorney - David J. Wilson may desire, to fi!oa complaint charging him wtth agalnn Hernandex burglary of the N. O. Ogden ;rorft ' Deputy Tout said yesterday apparently broke his promise given In the presence of three persons that he arrange so the officers could find the equipment. He also asserted that Information has reached the sheroffice that the equipment iffs was hauled secretly away. Tuesday night, apparently ao It could not be exhibited In court during tha trial of Cathers. Despite the alleged disappeara ance of the and wheel of fortune. tb officer -- 'declare court the .devices will be room when the trlaljopens. and will be pperated'so all may they see what chance tbe public h.a'd In t JLhatlIieSV-wtnnlnjc "Thejr, gviod clue to the., wh.n- - , a bouts at V nd they device wilt probably bs suited nj .fcsld. . within a, few days. ; step toward peace. If It is achieved. V. . lMtOTEST MARK. ' Yap and Shantung. Japan, has indicated.: she holds to have been disposed of by the Treaty of Versailles. The, United States, however, on the basis that she. as one of the,) urinclDal allied and HSROCiaterl now- ers, .even though, not a member of the League of Nations. was. entitled Attorney General Declares to a voice In the distribution of the islands in the PaGovernor Could Clear Self former- German cific, has protested the trranting;. of Jnnocent Easily special rights in Yap to Japan. Be- cause of- - Tap h importance as a Pa- cable center, this country has ifific CHICAGO. July 30. Replying to a Jnsiated tnat i, b internatlonaHrd statement issued last night by Gover- and equal rights assured to all. nor Small In which he defended his With respect to Fhantung, no officonduct while state treasurer. Attorney cial stand has been taken, although General. P.rundafre declared that "the many- senators have attacked the sole question Small has to answer to bestowing upon of the Gerthe people is did he place ten million.- man, rights in thatJapan peninsula of the people's money in a fictitious MATTER OF NEGOTIATION. bank for the profit of himself or as."Jhe unbiased view, however, has statement hQCn ' that any dispute sociates?" air. Brundag-e'over sover- said: eteritv in Shnntunf KhnnM k th ' Governor Small says that his recr niatter of negotiation kna ords have been open for four years and and Japan had there been irregularities 1 could There is indicated a considerable dehave easily determined them. sire in several quarters that the Yap "The governor fails to say he took and Shantunar ouestions be sflmi- wiin im..nen ne yacaipa me oiric nated in advance of the Washington iw nucirai l" mums That, It i recognized ' on the public moneys and the deposit conterencP wouiti greatly simplify questions be- -' ing of public funds. If ho will return fore the conference. This govern- -' those public records, which belong to ment wm not. concede thnt the state, our auditor will very quick- the Treaty of however, Versailles in the ably determine the amount of the with- sence of any acquiescence by thl.3 held interest. In addition to the ten country could dispose of Yap. Tho million manipulation.; case has. been stated so plainly that ENTITLED Tp KNOW. Japan has no illusions as to the "The state's attorney of Sangamon basis on which our claims stand, the vigor with which they county and myself realize the impor- and tance of the. charges and in order that be presented. CHINA'S STAND KXPLINED. no injustice may be done to the grov- As to Shantung. conernor, the state's attorney Is anxious tended Japan hag Gerthat title to the to givd him a trial at the earliest posformer man rights In that province was sible moment. in her and cannot be "The people of this state are entitled legally vested to know immediately 'whether the gov- distributed so long as the Versailles ernor Is guilty. It is useless to pro- Treaty ramalns international law. China, on the other hand, contends test innocence and proceed by obthat her declaration of war against structive methods. A Jury of twelve men will .be the final arbiters. The Germany restored to China all rights That granted Germany. prosecution will aid in promptly get- previously beinjr so. she claims. there were no ting the Issue before, them." German rights in China to be disGOVERNOR RETURNS. posed of at the Versailles conference. KANKAKEE, 111., July 30,. Gover- China refused to sign the treaty benor Small returned o his home here cause of the Shantung provision. The tonight after two days' Inspection of Door In China, and the roads of three counties. He will China's Open territorial are, of resume his road lour Monday. He course, old questions.integrity are the They does not expect to return to Spring- ones in which the real statesmanship field before Wednesday or Thursday. of the members of the conference may uo- best be displayed. On them depends whether China is to become an IndeSIX DEAD. SIX HURT cial pendent nation, or whether the spewhich virtually render AT COLORADO PLANT Chinainterests impotent and helpless are to continue their hold. this is Involved the abolition ofIn' all GRAND JUNCTION. Colo.. July 30. the control of Six men were killed, and six others maritimejurisdiction, customs by the British., the trama when French control of the Chinese injured, three seriously.' way car cable slipped out t the' swithe Lansing-Ishl- i , agreevel late today at the; Schuyler ioyle ment recognizing InJapan's "special Shale company's plant, the car plung- terests" In China. These are infinite ing to the floor of the gulch two thou- ramifications. sand feet below. , The of the territorial inThe shale plant tram line Is built tegrity question of Asiatic Russia will bring to on a seventy per cen,t grade and tho the front Japan's of the men had just started from the plant Maritime Provinces occupation of eastern Siberia to the Valley cable when .th parted: and of Sakalin Island, where Japan It is believed some of them Jumped is operating extensive fisheries. while the car was traveling at a tre- anese colonization in Manchuria JaparxA mendous rate of speed. ..Their, bodies her occupancy of Vladivostok ar also . were found all alone thie route of the uivuivru, tram line. '; CABLE PROBLEM The scene of the accident is three In the matter of miles north of Grand Valley; and forty-fiv- e the whole question . of a friendly miles from Grand. Junction along equitable, relationship .in the establishParachute creek., . The . coroner-- , from ing and maintenance of wireless and Gienwood Springs" has gone'' to take cable stations will-bdeveloped. will bring in the development' of This charge of the bodies.; Yap Information reeeivpd .here by; tele- as an international cable distributing was phone that th i mostly . , ... . J, foreigners. v (Continued on 'Pare" Two.)" I Shooting aPatrolman Manzel to Death' that Cather J COMMENDED Prisoner. Was Accused, of sheriff's department. Fred Tout, acting sheriff In the absence of Richard Plncock. declares the gambling equipment disappeared Tuesday night after Cathers, who operated the devices was arrested, despite the promiees of. Cathers that he 'would t take charge of the gambling paraphernalia and have It ready for the O- ; - July 1 0. Success or failure of the disarmament conference In Washington this fall depends primarily on a satisfactory adjustment of half a.doten "Far. Bast Problems." Only with these major issues amicper cent of the total levy. . adjusted,"' Would the irritants Seventy-seve- n cents of every ably that might ultimately lead tb a clash dollar paid by you taxpayers for of arms be removed. And then only could the nations involved agree to schools is a heavy burden! a considerable reduction .of arma School taxe3 in Ogden have in ments at leant a cessation of build creased 500 rjer cent in ten year3iln new armaments without feeling These problems are 1. Mandates tinder the Iagiie of only 28. per cent. Nations, particularly that of Yap. You taxpayers are surely head' 2. Shantung. , . de3. The Open Door in China. ed for bankruptcy .unless the 4. The territorial of Integrity mands Of the chopl board are re- China. i ' sisted to the utmost.-of ' As'6. The territorial integrity . iatic Rtissla. ' 006. Communications.'. "Once .an agreement- - J on these Isl readied, T,the matter rf 'ifettinR together on cuttlni down the slxe of .will be easy: Rut armies, this first necessary agreement,; officials recognize, will npt 'be 'easy. That, rather thati any actual disarmament-compact, will be5the big . PRATT k - b-t- Burglary gambling equipment used at the Ogden canyon Hermitage grove in wt-rof Richwith the arrest last ard Cathers and his appearance in court to answer a felony charge Is now sought by members of the - Bj r. HARRY HUNT. WASIHNOTcJn.- SQUAD PASSES Sheriff Seeks to Solve MysFROM MEXICAN tery SurrouRriing Disappearof ance Canyon Resot Gambling ParaBut Hernandez Is Held in phernalia Jail to Face Charge of i. You taxpayers pay this amount, also, so we add it to the 18.73 mills. We get a total of 23.43 mill3 for the schools. This is about 77 FEAR OF FIRING Seized at Park Have Run Away Zealand; below, left tu riht. Y. li. Hushes of Atntrnlia. and Arthur Meighou of ;nuada. They will help .shape British viewpoint at the conference on disarmament. . Power Rates Increased After Users Give Up power-compa- colonial premiers. Above, loft to right, .Ton C. THE fourof IMtish the Tnion of South Africa, William F. MnsScy of New , UNFAIRNESS ALLEGED . I -- to Washington : r BIG AT ST COURT I SIX PACIFIC I t (By International Ntw $rvlc.) FJLDOriADO. Kar a.. July JO. What'-tbelieved to be the bAt record nf. the country for this season was chalked up here today. .The mercury bubbled at the 112 degree mark tn thermometers, .which would rrgister .that altitude mark. s |