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ARIZOXA; Friday partly cloudy: Saturday unsettled, lit tle change In temperature. THE A OW A TT'TCDTT LI When they mention fruit YOU TELI 'EM THIS: Our oranges have a flavor un excelled, and our grape truit can't be beat. WEST TEXAS: Fridav warm -SEW sw I 7 er in east portion; Saturday fair. AN INDEPENDENT PROGRESSiVE JOURNAL THIRTY-SECOND YEAR 12 PAGES PHOENIX, ARIZONA, FRIDAY MORNING, DECEMBER 30, 1921. 12 PAGES VOL. XXXII, NO. 247 , nnnr LK7UULISJ L 1 BIZ B CAM POWERS RESTRICT SUB WARFAR DELEGATES ACCEPT ROOT S RESOLUTION 01 IR1E RULES 'American Delegates Demand 'Action By Powers That Innocent Lives Of Non-Com batants Be Spared Attack From Under Sea Craft; Rules Sent To Committee For Redrafting"" y Republican A'. P. Lei.sed'WIre ' WASHINGTON. Dec. 29. A res olution by Elihu Root reaffirming twisting rules of naval warfare for surface craft and ' strict' application of this code to, submarines operating against merchant craft was accepted in principle today by the naval com mittee of the artns conference". " ' Mr. Root's second proposal that a new rule of international law be initiated outlawing entirely sub marine operations gainst merchant men was still under discussion when the committee adjourned for the day. It had. been urged in addresses by each member of the American- deleg&- tion and approved formally for the British group "by Arthur J. Balfour. The other delegations still are to be ieaxd on this subject. ln the form in which the first proposal was approved in principle and sent to sub-committee for final drafting, the Root proposal sets out anew rules of visit and search bel-! liferent craft observe in dealing with commercial vessels and couples-with this the declaration that submarines must be governed by these rules. At the suggestion of Mr. Balfour the nriarinal m-eamble was amended in arrangement to read as follows: The signatory powers desiring to make more effective the rules aa- ooted by civilized nations for the protection of the lives of neutrals and non-combatants at sea in time of war invite the adherence of all other civilised powers to the follow ing statement of established law to tho rnd that there may be a clear understanding throughout the world of the standards of conduct by which the public pinion ot the world is to pass judgment upon future belligerent' In commitliT.g the resolution .to sub-committee headed by Mr. Root for final drafting Secretary Hughes said he hoped it would "not be over laid with lawyers" niceties when it re-emerged. No one. he said, could write anything which lawyers could not improve, but when it came to "the expression ot vague fears, to which lawvers so like to give expression he added, he hoped "that such verbal criticisms would receive scant at tention." "It would have seemed extraordinary indeed." Mr. Hughes declared, if the conference had not voiced 'a most emphatic condemna tion" of the "abhorrent practices" in submarine warfare indulged in during the recent war. But such a declara tion was planned, he added, was timely and necessary also because the conference had failed to reach an agreement either to ban submarines entirely or to limit each nation's ton nage in these craft. "Such a declaration as the one pro posed in the first (Root) resolution," he added, "will go to the whole world as an indication that, while the com mittee could not agree on such lim itation, there was no disagreement on the question that submarines should never be used contrary to the prin ciples of the law governing war. The adoption ot the resolution might, furthermore avoid misunderstanding on the part of those who were looking o the conference with great hope.". Respect Laws of God at War Mr. Hughes also declared the res olution was of value because the signatory powers must remember. inouW a difference arise between any of them, "that the weapons which they possessed were not as in the past to be used without reference to the laws of God and man." This would "greatly detract from the value of a submarine fleet," he added, as when nations counted their weapons. they counted the use to be made of them as well as their number. M. Sarraut, for the French group made a formal declaration of the ac ceptance of France of the principles of the first Root resolution. France, he said, was anxious to go farther than the mere adoption of the reso lution .and bring into effect agree ment as to limitation of submarine warfare to established rules of naval warfare through a ' ""definite text which would combine all the assents or the powers representea in tne com mittee. The French delegate deprecated what he said was an apprehension expressed by Mr. Balfour that certain countries might in spite of every thing yield to the temptation to mis use the weapons remaining in their hauds. For his own part, he added. he believed that "these peoples will reflect deeply before violating such obligations," and that if the commit tee had any doubt of this,' debate would not be worth while, and the committee would have but to leave this table." "One must not deduce from abuses by Germany," M. Sarraut said, "the idea that inevitably others would commit the same abuses." With the first Root proposal on its way toward adoption. Secretary Hughes laid be fore the committee the second reso lution as follows: Thj signatory powers recognize the practical impossibility of using submarines as commerce destroyers without violation of the requirements universally accepted by civilized na tions for the protection of the lives of neutrals and non-combatants, and to the end that the prohibition of such use shall be universally accepted as a part of the law of nations, they declare their assent to such prohibi tion and invite all other nations to adhere thereto." Change International Law Mr. Hughes said that, as Mr. Root had explained, "this was a proposi tion to change the law," as the first resolution had attempted to state "the law whfch had been ignored and which had been trampled under foot but which nevertheless had been and still was regarded as international law." The chairman added that he assumed the purpose of the resolu tion to change the law was to make this declaration of prohibition of sub marina warfare against merchant craft a substitute for the first pro posal when the powers of the world all had concurred in that substitu tion. Fending such concurrence, explained, the first proposal would be the governing law of nations on the subject of submarines as ex pressed bv ' the conference and which it asks adherence of power outside its circle. Mr. Root agreed in this explanation, saying it required "universay assent to establish a law of nations," but that the first declaration "created nothing, merely certifying to what existed," while the second called for Federal Judges Stay Operation Of Packer Act Till January 18 Republican A. P. Leased Wire CHICAGO, Dec. 29. Operation of the packers and stockyards act will not begin before Jan. 3 8. A stay or der effective until that dato was granted today by Federal Judge K. M. Land is after consultation with Judges Evans and Fitzhenry. The three judges sitting en banc recently denied a petition for a permanent injunction restraining the district at-' torney and the secretary of agricul ture frcm enforcing the laws. The court granted the stay order pending an appeal to the Vnited States supreme court which will de cide the test case involved. The law is based on the assumption that the commission men conduct an inter state business while the commission men assert their business is local only. Roosevelt Asks Funds To Make Payments On Texas Aviation Base Republican A. P. Leased Wire "WASHINGTON, Dec. 29. An ap propriation of $18,000 to pay for the site acquired in 1918 by the govern ment for a naval aviation base at Galveston, Tex., was requested today of congress by the pavy department, which plans, according to a letter from Assistant Secretary Roosevelt to Speaker Gillett to sell the property at public auction to the highest bid der. . Pernvanerit . improvement under taken by the government on the site and costing $248,000 would be a total loss if title to the property was not acquired, Mr. Roosevelt said. Spanish Government To Sell Quicksilver Direct After Dec. 31 Republican. A. p. t-aasd Wire maukiu. ucc. Z9. The govern ment announces the expiration on December 31 of the contract with Nathaniel Rotschild for the sale of quick silver from the Almaden anf Arrayanes state mines which are among ' the mout important in the world. In future the sales will be conducted directly through the ad ministrative council of mines, which must make proper allowance for na tional industrial requirements. o War Finance Board Approves $3,699,000 Agricultural Loans Republican A. P. Leased Wire WASHINGTON. Dec. 29. Approval of 117 advances for agricultural and livestock purposes, aggregating $3.- 899.000 was announced today by the war finance corporation. The loans distributed included California, $424,000; Texas, $15&,000 o DEATH CLAIMS ONE OF MOST PROMINENT Governor Small Will Be Tried On Fraud Conspiracy Charge Republican A. P. Leased Wire "WAUKEGAN. 111., Dec. 29. Gov. Len Small today was freed of every charga . against him except that of conspiring with Lieut. Gov. Fred E. Sterling and ernon Curtis to defraud the state of $2,000,000 during Mr. Sterling's term as state, treasurer. All charges of embezzlement during his own term of state treasurer were stricken from the record, partly by Judge Claire A. Edwards and partly by the state, and the court also quashed a charge of operating a con fidence game. Tonight Governor Small Issued a statement declaring that "what oc curred today in the circuit court of Lake county will lay bare to the pub lic mind the methods employed and the inspiration causing these indict ments.'" . . "... The date of his trial on the one charge remaining still is uncertain. Judge Edwards, in his decision on the motion to quash the indictments or dered the governor to stand trial Jan. 9 on an indictment charging' him with embezzlement of $500,000. during the last six months of his term as state treasurer. State's Attorney C. Fred Mortimer and his assistants staged a vigorous fight to bring the governor to trial first on the conspiracy charge, and failing in that nolled the embezzle ment charge rather than try it first. James H. Wilkerson, assistant . at torney general of Illinois, one of Mr. Mortimer's aides, explained to the court the state desired to try the conspiracy case first because all the books and records needed in it "had been left in the treasurer's office and not carried away." The embezzlement indictments, be sides charging the governor with- mis appropriation of $500,000 in state in- v "1 I " r ' ; : f GOVERNOR LEN SMALL terest money, also alleged he had de stroyed or carried away many ot the records of the treasurer a office. The next step in the legal battle between the governor and his prose cutors will be staged here Saturday Jan. 7, when the defense expects to present a motion asking for separate trials for the governor and Mr. Cur tis., who ar both defendants under the conspiracy charge. HE-OPENS D 4-mm pact: QUESTION STILL DEADLOCKED JAPAN ON SCUSSION SHANTUNG China Observers Urge Boycott On Japanese Goods Republican A. P. Leased Wire WASHINGTON, Dec. 29 Dele gates representing seven Chinese national and provisional organiza tions sent to Washington as "observ ers" of the proceedings of the arms conference, adopted resolutions at a meeting tonight which called for the "dispatching at once of a cablegram . to China urging a general boycott of Japanese goods and services throughout China, to show righteous indignation against the Japanese ag gressive policy." The delegation held that "Japan has adopted a policy of obstruction to the realization of China's aspira tions," at the arms and Far Eastern conference and "has blocked in every manner the way for the conference to arrive at any decision in favor of China, particularly with reference to the tarirt question." The resolutions also hold that Japan has "shown. no signs of willingness no amend "the wrongs due to China, persistently op posing the discussion .of -the 2L- de mands and the Shantung question 61 the conference. The resolutions were signed by delegates representing the "Shan tung province, Shansi province, ZS organizations in Tien Tsinr Chinese chamber of commerce. workers' union, students central union, league of nations society In Great Britain, ne Chinese students committee on Washington conference, the all- America Chinese league ana tne Shantung students association in the United Sates." O El Paso System Will Buy Arizona And New Mexico Radway Line Republican A. P. Leasod Wire WASHINGTON. Dec. 29. The El Paso and Southwestern company was authorized today by the . interstate commerce commission to purchase all outstanding stock and bonds of the Arizona and, New Mexico railway and to consolidate its 108 mile yne from Hachita N. M, to Clifton. Ariz., with the present system of the South western. The purchase price is given as $4,500,000. of which $1,000,000 is to be paid in cash, and the balance in two-year six per cent notes of the purchasing corporation. A10UNCEHTH mi i mi up, niupuiik v v M. u uumi ni.iLu IS EXPECTED SUNDAY ARIZONA EDUCATORS to 'Continued on Page Two) "Ride 'Em Cowboy!" "Head For The Barn!" Republican A. P. Leased Wire BISBEE. Ariz., Dec. 29. Funeral services for Charles F. Philbrook, for 17 years superintendent of Bisbee schools, will be held Satur day afternoon from the local high school. The body will lie in state from noon until 2:30 Saturday after noon. Professor Philbrook died early this morning as the result of a stroke of paralysis suffered Saturday night. The funeral will be conducted by fhe Grand Commandery of the Knights Templar of Arizona, o which Prof. Philbrook was a past grand commander. He was also past grand high priest of the Royal Arch Masons of Arizona, past illustrious master of the Royal and Select Mas ters of Arizona, a past master in the Blue lodge and a member of the Shrine. Burial will be at Atascadero. Calif., where Prof. Philbrook had planned to reside at the conclusion o the present school year, when he would have retired. WE can't all ride horses as well as we can Fords, but we live and learn. Whether it be your first attempt or daily occupation to ride 'em the Business Direc tory can supply 'em. '. n on t oe aense, use tyorse sense, ana use this directory. SADDLE HORSES FOR RENT ond ave. and 452. -Saddle horses. Sec Van Buren; Phone tf American Chemical Firms Aid German P o t a sh Syndicate Republican A. P. Leased Wire ' WASHINGTON", Dec. 29 A copy of a contract entered into by 31 American manufacturers of fertilizer with the potash syndicate of Ger many by which the former bind themselves to purchase 73 per cent of their potash requirements from the latter, was read today in the record of the tariff hearings of the senate finance committee. The contract was produced by S. D. Crenshaw, vice president of the Virginia Carolina Chemical company of Richmond, Va and in ordering it placed in the record. Senator Smoot, republican of Utah, said he wanted to show senators that it not only evaded all anti-dumping laws passed by congress, H'ut also all American anti-trust laws. "If that contract can stand," Sen ator Smoot declared, "Germany will see that the potash industry in the United States will never be devel oped." Mr. Crenshaw," whose company Is one of those a partv to the contract said the instrument was so drawn that the American manufacture: could buy 25 per cent of their supply from French or domestic sources. It developed however, that the Ameri can firms would get a lower rate p ton if they bought their entire supply from the German syndicate than if they bought only 75 per cent from that source. When You re Looking for Anything Refer to The Arizona Republican's Classified 'Business Directory Charles Francis Philbrook, who died in Bisbee yesterday, was recog nized as one of the foremost edu cators of the state. A native of Illinois, he was edu cated in the public schools of that state and was graduated from the Illinois State Normal and the Uni versity of Illinois. His teaching ex perience in a great degree was in Arizona. He first taught in Wil liams and later in Flagstaff, going to Bisbee in 1904 when the mining town had only one small school. He lived there continuously to the time of his death and developed with the growth of the mining center one of the finest school systems in the state, notable for its up-to-date features and excellent organization. He was given an honorary degree by the state university in 1U20. As a citv superintendent of schools, Mr. PhiYorook was appointed a member of the state board of education in 1919 and served on the board since that date. He had planned to retire next year, giving up active school work to locate in Atascadero, Cali fornia, where he recently purchased a home. He was deeply attached to the new home find it is the intention of his we to bui' him there. Hughes And Balfour May Try To Mediate Shantung Problems Republican A. P. Leased Wire WASHINGTON, Dec. 29. Media tion by Secretary Hughes and Arthur J. Balfour was suggested today as the orf.y feasible way of settling the Shantung question which has entered the stage of deadlock through the intimation of Japanese representa tives that Japan has gone as far as she can in the way of concessions. The direct conversations between the Chinese and Japanese delegates were broken off because efforts to agree on the manner of restoration of tha Shantung railway had provtd futile. Apparently neither party sees its way clear to ask for a resumption of the suspended conversations while botlj are putting forth the strength of public opinion in their homelands as legitimate justification for the im possibility of further compromise. ENGINEERS ELECT OFFICERS CHICAGO. Dec. 29. A. J. R. Cur tis, of Chicago, was installed as president of the American Society of Agricultural Engineers at the fif teenth annual meeting of the society here todav. David Weeks, of Mitchell. S. D., was elected second vice-president. . Republican A. P. Leased Wire WASHINGTON. Dec. 29. The arms conference naval committee spent all of today debating proposals to re strict submarine warfare against merchant craft, but got no further than a. general understanding to re affirm existing principles of interna tional law and declare strict appli cation to those principles in the fu ture to submarine operations. A dispute over phraseology blocked formal adoption of an affirmatory resolution, and the subject was laid aside for consideration by a special sub-committee on drafting. The naval committee itself then began what promises to be a prolonged de bate over the American proposal to prohibit use of submarines against merchant vessels altogether. . Meantime the sub-committee on aircraft decided to abandon any ef fort to limit the airplane strength of the powers and to recommend Instead that an attempt be made to agree on restrictions that would make air war fare conform with considerations of humanity. Even sucb regulations, however, were -aid ro be considered by sub committee members as difficult of formulation. All the other naval and Far Eastern discussions before the conference re mained at a standstill today except for an Intimation from the Japanese that only mediation by the United States and Great Britain could save the Shantung negotiations from deadlock. It was declared both for the Japanese and Chinese that their government had gone as far as pos sible towards a compromise, and hope of a settlement was seen only in the possibility that some new clement could be injected into tho conversa tions. There were Indications that the naval experts of the various powers were far from an agreement on the proposal that airplane carriers be limited, and ail the foreign delega tions were waiting on further in structions as to the American pro posal to establish 10,000 tons as the maximum size for any auxiliary war ships. There also was a halt on re maining details of the capital ship agreement itself, a proposed meeting of experts to work out a replacement chart being postponed until later in the week. Capital Ship Question Settled So far as the capital ship question Is concerned, all delegations appear to regard it as good as settled, although no draft of a treaty embodying the agreement has been prepared. France has accepted, subject to i reservation she has not yet fully ex plained, so considerable discussion may take place before even that part of the work of the conference is ready for final approval. In regard to another conference problem the new four-power Pacific treaty there were signs tonight of revived discussion among the dele gates because of the suggestion of Pittsburg Coal Men Refuse Union Meeting Republican A. P. Leased Wire PITTSBURG. Dec. 29. The Pitts burg Coal Producers association has declined to meet representatives of the United Mine Workers of Amer ica here January 6, to negotiate a new agreement it was officially announced tonight. o - VARYING DUTIES ON Resumption Of Operations Definitely Decided Upon By Copper Properties After a Year Cessation Of Ore Extraction; General Re turn To Business Normalcy Seen In Notice Authoritative announcement that the copper mines of Arizona will resume operations on February 1 was made last evening following telegraphic reports from Montana to the effect that the mines of Butte will open on January 1 The announcement of the early resump tion "of activities in the mining sections of this state is in line with rumors which have been persistent for several-weeks. For several months it has been known that the copper- surplus in the United States has been decreasing rapidly, and although there has been no definite upward trend in the market prices hav.e remained comparatively -stable. The announcement from the mining companies, therefore, will be an indication that the copper mining i , i j -T xi j ; t. t i -f i Hinaustry nas recovered irora me uepie&&iuu wmtu Al lowed the war and that a return to normal has been made. While the actual announcement from the mining companies will not be made until after the first of the jj-ear the opening of the mines within H Hivniri 1 iuukcu uivii 9m m. w w- ty. This is a. definite sign of the return of prosperity to-tho state, not only because of the money which the opening of the mines will release but stabilizing of the copper market presages a general return to nor malcy in the business world with a consequent betterment of conditions for tbe entire state of Arizona. Although the copper properties throughout the state stopped the ex traction of or about a year ago. the industry has not been entirely stag nant. Much development work has been done, so that the mines. In which development work was largely in abeyance during the war. are in better shape now for normal opera tions than they have been for several years. The full resumption of copper min ing in Arizona, it is expected, will result In the employment of sbout 20,000 men. with a total expenditure In wages and for supplies of more than $40,000,000 a year. CM OIL PROPOSED BEFORE COMMITTEE Republican A. P. Leased Wire WASHINGTON. Dec. 29. Varying duties on crude oil were proposed be fore the senate finance committee to day by spokesmen for mid-continent producers and all duties were op posed by American producers operat ing in Mexico and representatives ot various classes of oil consumers . in this country. Renewing the fight for a tariff levy which was lost in the house by an overwhelming rote. Senator Harrold, Republican of Oklahoma, said he was satisfied with the original rates pro posed by th ways and means com mittee, 35 cents a barrel on crude and 25 ccjits a barrel on fuel. A duty of $1 a barrel was urged by Harry II. Smith of Tulsa. Okla.. sec retary of the Mid-Continent Oil and Gas association, who said this would equalize the difference in cost of pro duction in Mexico and in the mid continent fields. W. 11. Gray of Tul6a. representing the National Association of Indepen dent Oil Producers, urged tint the president be empowered to assess a duty equivalent to the combined im port and export levies imposed by Mexico. Colombia and Venezuela, from which the chief American im ports come. Spokesmen for the domestic pro ducers said, and some members of the committee agreed, that the mld continer.t industry was .in a ba4 con dition at this time. Mr. Smith said that 200,000 small wells could not continue in operation at present prices and a tariff ought to be en acted as a protection and a con servation measure. Opponents of a duty on oil said a tariff protection was not necessary and would serve only to increase the price to consumers. They laid par ticular stress upon what they said would be the effect on the farmers, the merchant marine, the navy, the consumers of manufactured gas, rail- j roads and industries using oil for fuel i and uron the users of automobiles, trucks and tractors. Thev also argued that higher priced oil would increase the cost of and retard road building and building Japan that some action be taken toi operations and that since the govern clarify the scope of the agreement in ' nient iiled in constructing the roads its relation to the major islands cfiit would have to pay part of the; Mut- This r!so was true, thev said. r- -:...... j , 1 i? -.t-c-r in i.t neil 1-v tk raw I BUTTE RESUMES JAN. 16 BUTTE, Mont.. Dec. 29 Mines and reduction plants in the Butte. Great Falls and Anaconda districts will re sume January 16, it was announced today by all the local mining com panies. Starting January lb. a nor lzontal wage decrease of fifty cents a shift will go into effect. Companies making the announce ments Included the Anaconda Cop"per Mining company, Butte and Superior Mining company, Tuloume Copper company. Davis Daly Copper com pany. North Butte Mining company and others. Included In the announcement was the statement that the Anacqnda Copper company ha4 completed ar rangements to purcnase sine con centrates in such quantity as to pro duce six or seven million pounds of zinc a month at Its electrolytic sine plant at Great Falls. The men win te put to wore u fast as they apply for employment. During the past several months 6.0'0 men working ten and fifteen day shifts participated ia 2,60fl man full time payroll. ANACONDA. Mont, Dec 29. Full resumption of operations at the Ana conda smelter will begin as soon af ter January IS, the date announced today for the reopening of the Butte mines, as ore is supplied. John Gillie, general manager of mines of tho Anaconda Copper Mining company, said. o British Arrest 650 In Calcutta Rioting Republican A. P. Leased Wire LONDON. Dec. 29. It was official ly stated today that the importation of disorderly, elements into Calcutta Dec. 23 to enforce the 'Hartal" by terrorizing shopkeepers resulted ia 650 arrests for obstruction and on other charges of disorderly conduct. Arres's in Calcutta for similar rea sons the past six weeks have totaled 3500, according to the statement. It was also stated that there were no signs of the "Hartai"' on the 23rd throughcut the greater part of the city and on subsequent days of the) Prince of Wales' visit the crowds were both enormous and enthusiastic, denoting the absolute failure of the non-co-operationists' efforts to halt all 'festivities. It was added that as a result of this - failure Mahatma Gandhi and his followers had been greatly discredited. DO IT NOW MAIL THAT $jg50 today; This big subscription opportunity comes but once a year. Save '30 on your y cat's subscription by taking advantage of this big bargain now. This Offer Absolutely Closes Midnight, January 7th THE ARIZONA REPUBLICAN "The Statefs Greatest Newspaper