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Show baa. -- TEMPERATURE REPORT. bt XORTHEH tTAH Fair day night and Sunday; Mt Back ehange fat toipntira, IDAHO I'wKUed; probably yala over sooth. rata or aw onr Worth portlotu Saturday night and fcaialay; modern superstore. ttr PRICE MVE CENTS LAKE- SALT - CITY SATURDAY UTAH BORAH PLAN M Suits U. Action On Election Left to , in I wo cf Good Will By DAVID LAWRENCE. WASHINGTON. Jan. Hr Senator Borah a proposal lor a new taction in Nicaragua would not " ba In aceor4 with tho provlatona of tho preaent cob aututlon of that country but of ; ficlala bora in executive tba branch of tho . government fool oympatbctie to Mr. - Borah'a uggestlon tho Nicaraguan authorities can t find a way to tbring it about. The only formula that would bo lecal would bo to amend the Nicaraguan eonatitution ao as to the calling of an election. permit The Idaho eenator think American marines should be kept in Nicaragua whlie such an alectlon is held and with this, too. tha department af state would be In accord, .if a Indeed, if tba whole story could be made public of what Is going oa behind tbs scenes It would bo found, according to tba contentloa of American officials, that Juan Pece- - deposed vice president, who is leading the revolution against tha Dias government would enter conference were it not for the tight bold which the Mexican govern men has on him. The opinion cirprevails here in government cles tbet Mexico hopes to embroil difconstant n the United States ficulties with Nicaragua so as to draw a trail across tha oil conbetroversy which has developedMextween tha United States and ico and also to damage the prestige of the Util ted States in Latin America. Senor Sacaaa himself ia tb reported to bo very friendly torevoUnited State but since his lution was financed and supported by Mexicans ha ftals ba ia midst obligation to them to make only such settlement a they dictate, if -- y. ; The complete baeground of the to Kicaraguan situation was given tbe senate foreign relations committee In confidence by Secretary which A- - memorandum KelKWWt on eoviet committee r bo a mado public but no, T surrounding it. Thus tha v the of story has been told, anly pert ana the department of stats now baa asked tpxt all of the testimony except certain informationbe -- Of made V t confidential character, public. 1 is sold to have been due to a misunderstanding - that a testipart of Secretary Kellogg- which mony waa given to tho press of the gave an incomplete picture Unwhole state department policy. Kelof remarks Secretary til the disclosed In their entirety logg situation a fair Judgment of the mads by disinterested be cannot a beet vers. of Incidentally the suggestion with arbitrating tha oil controversy Borah Mexico made by Eenator are also not unwelcome bat they of depend mostly on tho desire Mexico. An international claims commission la functioning to which ba subrequests for damages can mitted If tha Mexican authorities will accept Its Jurisdiction. This waa the original Intention com-of Charles B Warren. American missioner. who framed tho treaties was whereby the claims commissiondoubt set up but it Is a matter of now whether Mexico wilt ba willing to bide by tho Jurisdiction of the commission. (Copyright, elalms rg m HIT.) Idahoan, Stabbed , By .Stick, Killed SODA SPRINGS. Ida- - Jan. 1. ( Special) Raymond Jewett. 2. and Mrs. Aba Jewett BOO ' 0 1 - ' of Mr. af Kounan, la dead as tha result acciof on of tha most peculiarsection. dents aver recorded ia this Rsy- , With biswasyounger brother mond ba riding on tba front section of tbe running gears of a set of bob sleds in Pearl Creak canyon when on of tho front run--Tiers struck a loose stick with a ' Sharp and which waa flipped over and into the body of the man, practically disembowelling him.hoo- -' Ra was rushed to a local pltal where ha did five days later following the aetting in af gangrene and an attack of pneumonia. GETS ASTRONOMY MEDAL. LONDON. Jan. IS. (AP) The AstronomRoyal gold medal of thobeenawarded to ical society has prof, prank 8chlesingor, director of tbo observatory at Tale University, for bis work on stellar parallaxes and astronomical photography. I Planes Complete First Leg of Trip Crippled FUgthip Reaches Panama; Will Get r New Motor. Auerbach Calls for7 SupScopes Decision Reversed As Fine Is Too High port of People; Delay Allow Paoage PANAMA. Jan. If. (AP) Two But - Constitutionality May tb file U. S. army good will Of Measure Confirmed. Of 6 State Measure. of planes which left San Antonio Do -- the comber 24. have completed first division of their 20,000-miflight to Central and South America and return. , New Th crippled flag plana g York, ha damaged by a crash In Guatemala, arrived at Franc field from Puntarsnax, afternoon Costa Rica, yesterday under tbe command of Captain Clinton F. Woolaey, and accompanied by the St. Louis. Major Herbert A. Dargue, commander of the squadron, stayed at A maps la, Honduras, with tba three other planes to make official calls In Honduras and Nicaragua. He and his companions are expected to arrive here next Tuesday. The New York arrived at Franc field with her landing wheels torn off and her pontoon keel smashed In four places. She made the descent on the Pacifle to permit ih aviators to change seats. New motors will be installed here to both planes, and repa'rs on tha New York', landing gear In will ba started immediately. completing tho first division of th 2.S14 flight, tha aviators have put miles behind them, tbe second division will take them to Valdivia, Chile, where they turn asst to Argentina. Captain Woolaey. after responding to the greetings of the welcom-er- s at th flying field, held: I have no doubt that tbs full itinerary f tb flight will be carried out. Of sours w era proceeding very slowly, but w are to no hurry." lt Idahoan Backs .CaliLeatherwood fornia; Leads Drive to Upset Present Dam Plan. The enactment of tbe Auerbach bill during the coming week calling for Utah's desertion of the Colorado river pact, and bar adherence to the proposed stats pact, waa practically forecast Saturday on receipt of a telegram by Gov. Georgs H. Dern from th Utah congressional delegation. Senators Reed Smoot and William H. King and Congressmen Don B. Colton and E. O. Leatherwood. Tho text of th telegram fol lows: "California representatives refuse to consider amendment to protect Utah Interests ia the Boulder dam bilk Program is to take the bill up in tho senate for consideration this coming week and bearing on application for rule in the boos has been arranged for th 20th . Utah legislature should take whatever action it deems proper at once but not later than Jan. six-sta- te seven-- 10." To Be Speeded Ahead. A similar telegram by Preaidant A. B. Irvins of the state senate, who announced that th Auerbach measure would be reported out of th com, on revision and printing mitt Monday and Immediately referred to the aoaamlltee on Irrigation and reclamation, with a suggestion that immediate action be taken. President Irvine said he would also submit the telegram to th governors advisory council when it meets Monday. He expressed tbe opinion that this body would also take Immediate action. Senator Herbert Auerbach, sponsor of tbo bill, when advised by The News of tha message from Washington, said that be could not urge too emphatically the necessity for prompt passage of his measure. To this end ho pointed n out tbe urgent need of all a getting behind their representative In the legislator to insure protection to the states Interests by pushing tha bill through with all possible speed. . Provide For Dam. Th Boulder dsm bill referred to la tbo telegram of Senator Smoot, la known as tha bill, sponsored by Representative Swing and Senator Hiram Johnson of California, and provides for tb construction by th government of a dam in Boulder canyon. Th measure now before Congress is predicated on tbe six state pact which waa ratified by the Utah legislature of till. Ratification waa also given by tbe legislatures of Nevada, New Mexico. Colorado and Wyoming. California ratified tbe pact, but Inserted certain reservations providing that Its ratification should become complete when th congress should appropriate Arisons, money for the dam- which Is tba seventh state In th basin, refused to ratify. In tbo event tb Utah legislature withdraws its support, a new bill wg! have to be drafted, in Congress Th bill in Its preaent form has been- - favorably reported by the Bonne Irrigation committee, headed by Representative Addison T. Smith of Idaho, who from all Indications concide with the Views held by the California congressmen Balked Passage. From tbe time the bill first mad Its appearance In congress it has been opposed by Congressman Leatherwood. who for n number of months stood out alone against Its passage. By his able defense of Utah a rights to the river, tb Utah representative finally enlisted tbe support of representatives whoa states are vital! v concerned In the matter, and built up an opposition which prevented passage of tb me sure at the lest session of Con- ed aturday under-cnrrla- S.L CAR, TRUCK HIT Crash at. Ninth South And Fifth East Is Blamed to Ice. citl-se- Swing-Johns- -- Harvard V. Hauarbach, 22, of 144 east Thirteenth South and his sister Mrs. Helen Salmon. 22, narrowmornly escaped death Saturday ing when the new coach to which was were demolished riding they to a collision with a city truck driven by L E. Johnson of 1222 Tenth East street. Hauerbach who ia an employs of th Consolidated Wagoa and Machine company, suffered a gash to his right forearm, several cuts on his left hand and a broken third Mrs. finger on his right hand. Salmon suffered numerous cut cn the hands. The accident happened at Fifth East and Ninth South streets. Hauerbach was driving north oa Fifth East and th track was traveling east on Ninth 8outh. At tho intersection the truck, loaded with ashes, turned south on tha Icy streak th rear end skidding around and smashing Into tha front and of th new coach, according to report to police. Hauerbach reported that ba waa unable to get out of tha way of a street ear traveling west on Ninth South. Th injured were token to tb Emergency hospital. A number of persons war witnesses to the aeddenk and considerable excitement was caused In the neighborhood. City Attorney W. H. Folland Investigated for th city and Patrolman Arthur Murphy for tho police departmank Professor J. H. Psnk of tha University of Utah, 2(4 Eighth East street, suffered bruises to tb left knee and took Thursday afternoon when be was struck by an automobile driven by L. F. Stewart of Midvale at First South and State streets, as h crossed th street to board a street car. se nav to ring tshee. Father Freed When Jury Out 60 Hours Child Is Returned On Case of Death of Girls Hit by Plane KANSAS CITY. Kansas. Jan. 14 (AP) J. A. Halk 111 from If months imprisonment in th Wyandotte county Jell which he served rather than tell the whereabout of his daughter. Grace Angela Halt so her mother might have her. was purged of contempt of court to day and released. Grace Angela cams to Kansas City. Kansas, from a Denver orphanage where her father had her hidden, and waa ' surrendered to har mother, who waa awarded costody-o- f tbe child when she ob-much. If iIuks blame tained n divorce. can't you of Hall wad released from Jail by I fed Pa out o tin cane instead honest victual. If likely he'd soon order of Judge F. D. Hutchings askin' of the child had been placed It over habit after th tb, get CW1S0X S( USE IBStiME glasalny t LOS ANGELES. Jan. IS. (AP) A Jury her la having trouble In deciding whether Carroll B. Cross' an, an aviator, should be punish ed because his plans killed two little girls as ba mad n forced land' tag on th beach at Venice. Tb Jury waa locked up again last night after havirg deliberated more than ( bourn The Juror told tho court there waa n prospect for an agreement. Previously they had stood 11 to I. i Tba prosecution offered testimony thet Cross n habitually flew low over th beach to wave at th bather and that h sometime div- . One Act Jurist Declares Invalid; Dayton Judge Reversed; Drop ing of Case Advised. NASHVILLE. Tenn , Jan. II Tennessee supreme (AP) The court upheld the state's law today to an opinion on :he case of John T. Scopes. Tho opinion delivered by Chief Justice Green while affirming th constitutionality of tha law, reversed the lower courts verdict on the ground that a Judge cannot assess a fin of more that 160, that being the duty of the Jury. Tbe courts ruling suggested that the rase against bcopes, who waa convicted to the district court at Dayton, to July, 1026, be no'.s proased. Associate Justice McKinney to a dissenting (pinion declared bis belief that th act is invalid - Th whole court agreed thet the verdict must be ravened because of tbe amount of th fine. Stops Tracking. Chief Jostle Green In a statement preliminary to reading of the opinion said: Th majority of th court hold the act to be constltutlonak Julg Cook, Judge Chambliss and myself Judge McKinney believes the act Invalid "Judge Cook and I thlnlc th act prohibit broadly tb teaching In the schools of tha slat that man descended from a. lower order of animals. Judge Chambliss thinks the act only prohibits th teach ing Of the materialistic theory of evolution which denies th hand uf God to tha creation of man. "All of us agree that th Judgment mut be reversed on account of the fervor of tho trial Judga .n fixing a fins of 2100 upon Scopes Tho Jury In this ease returned a verdict of guilty but did not naaeaa the fine. Since the minimum punishment authorised by th statute is n fine of 2100 and no tribunal except Jury can levy such a fine in this state, the error pointed out can only he corrected by a new trial. "All of us agree that nothing la to be gained by prolonging tbe Ufa of this bizarre case. U. S. Court. Quotes Justice McKinney declared his belief that th statute la Invalid for uncertainty of meaning He quoted in support of bis belief the opliBm of the supremo court of th United States to the case of Coaslly versus General Construe tion company as follows. "The term of a penal statute creating a naw offense must be sufficiently explicit to Inform thoe who ere on subject to It what conduct their part will render them liable to Its penalties. "By recommending that tba Scopes case be noU proased, which the attorney general said he would do rather than retry him. tb eourt, to th opinion of councU for Scopes, barred tbe way to an appeal to th supreme court of the United States. ' i -- PACT rn MlfMl a ml m NATIONS BRAND U. STAS MENACE TO THEIR PEACE LATIN-AMERICA- N Ends Pardoning But Freest tom Jan. A. isFerAustin, Gov. Miriam guson baa stopped baaing clemency procla mations but her clerical staff today waa swamp-wit- h Incompar-do-n plete! and ole Tbe orders. secre- tary of statu expects , to complete upwards of 100 toorders ned yester. day before MRS HMAJSOH the govern- or's term ex- - Jan. IS. pires Am waofflciat coant showed clemency she has leaned orders 'si ace her toangaratioa two ybarm ago. Thla was well above the previous record established by her husband. James K Ferguson, before ho was ousted as governor hi 10ft. District courts to seven counties today had discontinued because of criminals reGovernor Fergaaon baa leased several person only renone convicted. However, cently of the coons have answered her challenge to show that any of the pardons were anjustifted. 102 TAKE Regiment Rushes To Rescue Force Sur-b- y Rebels; 12 Slain ia Battle. OPF.OH Women Entrants Brave Waves ; Youth 'Aims ' To Win Ederle. AAALON, Catalna Island. Jan. 15. btfrr Strclich of Bingham, Utah, wmtlrr and swimmer, did not appear for tbe start of the channel swim today and his name was scratched. Emako Giuoo. Eskimo, who halls from Nome, Alaska. looked over the chilly coarse and wav not In sight at the Harter's gun. A total uf IS entrant scratched, ISTHMUS COVE, NORTHWESTERN SHORE OF CATALINA ISLAND, Calif.. Jan. IS (By Wireless to International News Service.) On of the moat colorful sporting events to history got under way from thla point at- - 11 22 Am. today when 152 men and women the swimmers from throughout United Stats and Canada plunged into the frigid waters of Catalina channel determined to battle their way to the' mainland through 21 miles of wide rolling ocean for the pot of gold put up for the big aea carnival by William Wrigley Jr.41ieChicago millionaire. occasion was the gathering on tha island of 103 swimmers of all agra, sixes, from all parts of the United States and Canada to compete in ''the 240,000 Wrlgley ocean marathon between Isthmus Cove, near here, and Pedro Potak Los "Angeles harbor. ,The race got under way at 11 TODAY Humor Pictures Fiction Articles Deseret K.40HSS i Union Calls Meeting at Buenos Aires to Plan Action; Europe Liberals Again Condemn Acts. Pope in Message, Prer diets ' Early Triumph In Mexico; Diaz, Miss Seen. ing, Reported BY GEORGE R. HOLMES. 'WASHINGTON. Jan. 15 t IN 8) Tha American government would welcome" th mediatory efforts of any Central American republic ts settle the political difference of -Juan Bacas and Adolfo Dlax. rival claimants for the presidency of Nicaragua, which have drawn intervention by the United Elates marine. Secretary of State Kellogg said today. . Thus far, it waa learned three Central American governments; Costa. Rica, Guatemala, and Salvador. liars proffered their good office to adjust the Nicaraguan civil war. Of tb three, the offer of President Jiminea of Costa Rica appear to have thh' beat chances for sur- Hr, Sa.cxaa.lua been. quoted as favorable to Ik MEXICO CITY, Jan. IS Nine rebels wers killed (AP) to a battle with federal forces at harp El Saux Hill, State of Jalisco. A port from tho federal commander, General Tranqullino Mendoxa, aaja on of those killed waa "a Catholic priest wearing a cassock." The fight occurred while Gen. u Mendoxa, heading a cavalry ment, was rushing to tha of Gen. Garsa. whose forces were bottled up by rebels at Arsoel. Tb federal easualUes era placed at three killed and three wounded. Antonio Acuna- - member of a rebel group which was defeated and dispersed at Conception Del Ora, waa captured in Saltillo wher h had been hiding and was executc ed . . i military authorities have stated that they will execute all rebels captured. . Towa Ousts Rebel. Puebla dispatches aa y ihat 25 insurrectionists were driven out of San Simon Dm Bravo by inhabitants who gathered when the chnrch bells were tolled ami the announcement mad that thaplac was threatened. Th states of Jalisco and Durango are now th enty ones where the rebellion, which the government charges is of Catholic origin, has gained a certain headway Federal forces today were still pursuing th insurgents who were reported to he badly armed Special dispatches from Tipa-chulwhich is 24 miles from tha Guatemalan border, say that Llahop Dias, missing since his recent arreat;of Tabasco left that place tost night for the Guatemala border and will embark at Puerto Barrios for New Orleans MEXICO TRIUMPH COMING SITS POP BY HIRAM K MODERWELL (By radio to The Deseret News and the Chicago Daily Ness) ROME, Jan IS "Th day ef triumph 1s at hand," said the pope today, addressing a group of Mexican missionaries of th order of tbo holy spirit, who were presented to him by Bishop alerede y Zells. bishop of Leon. 'The Mexican church." the pope continued, "will celebrate its triumph very soon. The great country of Mexico today is greater by the admirable example of heroism which it giving tha world " This to regarded as indicating that the pope has confidential predicting tbe speedy cverthrow of th Calles government. Two months ago, in hia encyclical, the pop said. "Nobody can tell when God will end this cl&mlty The striking change in tone between these sto ementa cun only be explained on the theory of special Information supplied bv tb Vatican Information service, which to extraordlnarly wide, quick and aacurats. (Copyright 1027, Chicago Dally News Co.) regl-resc- OGDEN, Utah, Jan. 15 (AP) Ogden lad Salt Lake. Portland and Los Angelas to livestock receipts to 1027, figure given out by tbe United States department of agriculture - bureau of agricultural economics, disclosed today. Receipts at tha Ogden livestock market for th year are recorded as 1,401.050; North Salt Lake. Portland 577.440 and Los An040.-10- 4. geles, 512,724. I Houghton Explains Stay As Due to 111 Brother NEW YORK, Jan. IS (AP) Atonson B. Houghton, Ambassador to England, who cancelled hia paa- nga on th Aquhania shortly before the vessel sailed early today, said h was staying over with his brother, Arthur A. Houghton, who Is 111 at a hotel her. Reporta circulated that his action waa- dua- - to th Nicaraguan and Mexican situation were declared to be untrue by Mr. Houghton. His jrlfs ajid daughtars sailed. - F -5--s F ' q c, --1 a Ne to S ( F I Jan IS (AP) Ihat President Cookdge should remove Secretary Kellogg as heal of the state because of his handling of the aitua-D- o was mado in tho house today, . by Representative Moore, Democrat, irgiria. Mixican-Kicaragu- the powBluejackets erful gan on A. 8. battleship sailer order to mil for Nicaragua. poll-bing- ap BY JOHN W. WHITE (Special cable to The Deseret Nee I and the Chlcagd Daily News ) BUENOS AIRES, Jan IS Th Union has called a street meeting in front of th building occupied by the First National-hank. of Boston, to protest against the action of th United Stale In Nicaragua. The bank building is regarded as th finest office structure to South America and because it la occupied largely by big American business firms, it is looked upon as the cornerstone of American Interests in Bnenos Aires. For this reason It was chosen ns the stta for tha meeting Sponsor ef the gathering nra the same as those wae were behind the mast meeting Thursday night at which tha director ef Soviet Russian 'propaganda here waa the principal speaker. He denounced the United State and doctored that all th republics should unit in recognising Juan Sacasa aa president of Nicaragua. Tho league has exam, ntoatarad th. otttL 1B fiammatory posters declaring that Argentine liberty is endangered, cnllmg President Coolldg a traitor to freedom, and containing other similar scurrilous assertions (Copyright 1027, Chicago Dally News Latln-Amertc- Nerve Specialist Orders Troubled Actor To Bed. NEW YORK. Jan 10 (AP) Charles Spencer Chaplin, who arrived her yesterday, collapsed at the horns of bis attorney. Nathan Barkan, today A nerve specialist who ordered him to bed. said that his nervous system had been affected by the strain he had been going through with the airing of his marital troubles. ' Latin-Amenc- Latin-Aracric- 1 Ogden Leads Los Angeles, S.L. in Livestock Receipts K WASHINGTON, A suggestion a. 1 The Place Kellogg Considers Offer Of Costa Rica to Set in Nicaragua Case as Best' Of Three Proposals Mexico par- NEW YORK. Jan. 15 (AP) The decision of the Tennessee suconsticourt the preme upholding m tutionality of tha Tennessee law to its ruling on the A number of th contestants are apbe case will Scopes Immediately omen with such swimmers as pealed to th United Slates Su- .Ira. Charlotte Moor Schoemmel preme Court, Dudley Field Malone Of Howard Beach, Long Island, N. of defense counsel said today. belle Barrek- - Pelham. N. V; ClaraLottis Y.. and Mayer of Chicago, Ills., given an edga aver tba rest ef th lemuune field. Norman Rosa, entry from Casa Del Mar, Chicago, ruled a heavy favorite among th men entrant even though at the last mlnuta ha announced be would not don th s usual coat of grease considered necessary to protect him against tha numbing cold of tha CataUna channel waters. Georg Young of Toronto, Canada, was right , behind Ross aa a favorite. Young is speedy, although h ia not considered a last aa tha Chicago eontestank &n4 other special Henry Sullivan of Lowell. Maas., and Charles Toth of Long Beach features make up two men who have conquered th English channel, are also . contoday's big edition ceded better than even chances. of Tbe Mark Wheeler, a Los Angeles, News. policeman, and Leo Purcell, an Olympic club swimmer from San In addition you f Francisco, are a pair of others who are figured to be among th first. twill find all the George A. Creegan of Patterson. N. J., only Y. U. C. A. entry in news supplied by the fair marathon, is given a our complete wire cbanc to finish. Tor one young ' swimmer th and cable services winning of the race .mean more and by local staff than 1b 222,000 first prise. He b writers and hunLouis Titnson of Boston, American Legion entry to tbs big swim. dreds of corresponGertruds Ederle, first woman to dents in Utah and conquer the English channel, has to promised Timaon. according , Idaho. report, that she will marry him if he wins the Catalina race. Is Temperature of th water along th race course range from 22 to This SEVENTH YEAR SEVENTY JANUARY 15 1927 Co ) EUROPE) V LIBERALS PREPARE SECOND APPEAL BY EDGAR ANSEL MOWRER. (By radio to Tha Deseret New and tha Chicago Dally News ) BERLIN, Jan. 15. A second appeal to the world, following its unsuccessful appeal to President Jan. IS. Coolldg ATHENS, Greece. against American activi(AP) Five British cruisers, now ties in Nicaragua, will be issued to Phaleron bar. todav were ordby a group of European ered to proceed to China Immed- today liberals and pacifists. iately. Th document reads in part: NEW YORK. Jan 15 (AP) (Continued on Page Six) The Commercial Cable company towas advised that communicaday tion with Hankow has been cut WILLIE WILLIS off by tha Interruption of all lines on the Yangta river beyond By ROBERT QUILLEN Kioklang. Communications With Hankow Cut Off; English Banks Close. SHANGHAI, An nncenaored Jan. IS. (AP) dispatch from Hankow today indicated the closing of British banks and other business institutions ther as tb result of tho riots of January S has placed th Canton eso government in a desperate situation. Tha ensuing reaction cut oft a big source of funds tor th which collected taxes on business transaction Chinese New Tear. With th when February 2. approaching. age-locustom demands ' settlement of all debt Nationalist "I guess Cato alwa waa were at hia little brother Abel ea troops of many province to he said demanding their pay, count of him taggin along .Whsrs." long to arrears. Reuters anti-forei- Can-tone- s. ng " F r 4 A - .n-- vxt v. i u |