THE OREGON STATESMAN, 8ALEM, OREGON, WEDNESDAY MORNING, FEBRUARY 15, 1928
F
WINS SKIRMISH
IN OHIO STATE
N a 1 1 o nal Committeeman
Identifies Self With Com
merce Secretary
LAUNCH WILLIS ATTACK
A
Senate Committee Votes to De
mand Report of Ad mi nisi ra
tion's Plans Relative to Mis
sissippi Flood Relief
COLUMBUS, Ohio. Feb. 14
(AP). The fight between Sena
tor Frank B. Willis and Secretary
Herbert Hoover for Ohio's support
in. their presidential aspirations
was intensified today by the align
ment of National Committeeman
Maurice Maschke of Cleveland
with the Hoover forces.
I This new threat at Senator Wil
lis' prestige In his home state.
as promptly met by his campaign
manager. Carmi A. Thompson,
with the announcement that a full
contingent of Willie delegates
will be entered at the April pri
mary. Thad H. Brown manager
of the Hoover campaign, previous
ly had announced that a full slate
of Hoover delegates would be put
into the field.
Fight to Last Ditch
Decision of both factions to en
ter full slates of delegates pres
ages a contest for every inch oi
ground and one of the most
spirited political fights waged in
the state for years.
Alignment of many of the state
leaders with Mr. Hoover alsc
bears out Senator Willis' declar
ation it will be no "kid glove or
powder puff affair.
Mr. Maschke said he personally
believed the commerce secretary's
nomination "would most likely
carry the party to victory In Ohic
next fall."
Maschke made it plain howevei
that he was not speaking for the
state organization which has en
dorsed Senator Willis' candidacy.
He is the first national committee
man to express his views on the
Hoover-Willla fight.
Moses Charge Countered
Mr. Thompson today took cog
nizance of a purported statement
from United States Senator
George H. Moses stating that Hoo
ver's coarse in entering. the Ohio
field was prompted b refusal of
"Senator Willis and his man
agers" to allow the Ohio delegates
"to be free to use their -judgment"
when Senator Willis can
didacy was no longer seriously be
fore the convention.
"I know from personal know
ledge," Colonel Thompson said
"that after announcement of Sen
ator Willis candidacy, -Secretary
Hooter's managers demanded o.
Senator Willis that he either en
be named second choice of all the
I Ohio delegates or that Secretary
Hoover would enter the Ohio pri
mary. This unreasonable demand
of course, could be given no con
sideration by Senator Willis. It
would have closed the dooi
against all other candidates equal
ly as illustrious as Secretary Hoo
ver." - Politics Charged
WASHINGTON. Feb. 14 (AP)
- In the face of a charge of play
ing politics, the senate commerce
committee today voted, 7 to , tc
call Secretary Hoover before It to
testify relative to the administra
tlon'd plan of flood control.
The decision was reached after
a two hour battle behind closed
doors, in which the votes of two
republicans, Johnson of Califor
nia and Willis of Ohio, are under
stood -to have settled the issue
against the other republicans op
posing the calling of Mr. Hoover.
Opposed by Democrat
Senator Stephens of Mississip
pi, one of the two democrats of
the committee who voted against
the motion of Senator Hawes.
democrat, Missouri, to call the
commerce secretary, complained of
possible delay this action might
cause in drafting a flood control
bill and charged that "it looke like
politics to me." Senator Ransdell,
democrat, Louisiana, also voted
against the motion.
Senator Willis, who la battling
Hoover in the republican presi
dential primaries In Ohio, first
sciroi tar the annearance of
Hoover several weeks ago when
iniimtllnnii were made la the
committee that the commerce sec
retary also was the personal rep
resentative of President. Coolldge
In the flood district, differed with
the administration program at
submitted by Major General Jad
win, chief of army engineer.
Disclaiming however, any pollt
. . . r- 4 . TIT! 1 11 f
icai motives, aciii.
slsted that It was he daty of the
committee to obtain the views of
the secretary. - v-f ' .
AUTHORITY TO BUILD
; AFFIRMED IN OPINION
(ContinoKl from pf 1.)
Burnett and the appointment of
t Justice Rossman as his successor,
A a a . - . . a
. ioc Doa.ru oi control suceeaea.m
obtaining a rehearing of the case.
"The. building act which is un
der attack," read the opinion hand
v. ed dOWH Toesdav. "nraniwal In n
HOOVER
AGE
SCOO.OOO of the industrial acci
dent fund for the construction xf
a state office building. The plain
tiffs declared that the employment
of this money In this manner
would create a debt. To have that
effect we must find present three
necessary elements, a debtor, cre
ditor and a promise to pay.
"If the Industrial accident fund
is the absolute property of the
state, an expenditure from it in
behalf of the state cannot create
a debt. For the orderly transac
tion of its affairs, the state recog
nizes particular amounts of money
appropriated to its different bu
reaus and departments as funds.
Whenever it diverts money from a
use Intended when the fund was
created to come other purpose. It
may charge Itself with a duty to
replenish the fund, but no debt is
created thereby. 1
"Let us assume that the fund is
a trust fund, and not the abso
lute property of the state. This is
a serious step to take, for when we
have once taken it, a concession!
has been made that the 12,000,
uuu comprising the fund is not
the absolute property of the state.
"When we have made this con
cession the benefical interest is in
rhe employer-employee class, ai
though the Btate has put into the
fund $1,000,000 of state money.
nd has supplied the commission
with office space and many c6n-
veniences.
"Furthermore, to make this con
cession carries with it another. The
tate can never recover the $1,
;00,000 it appropriated to the use
of the commission to enable it to
carry on its work before income
nd expenses met, although the
recoupment of such donations is
generally a prerogative of sover
eignty. We rind nothing in the leg
slatlye act warranting such a con
cession. "The legislature has the right to
determine how the fund Bhall be
invested. Prior to 1927 the fund
has been invested In certain types
if securities. The 1927 legislature
vidently felt that the state need
d an office building. The brief of
-ounsel vouched for the fact that
he state expends annually 136.
181.50 for rental of office space.
Confronted with these circumstan
jes, the legislature evidently felt
t would be justifiable to use f 800,
)00 now invested in bonds for at
ffice building.
"If the bonds were the property
t the commission, the legislature
ividently proposed that the build
ng should likewise become the
property of the commission, and
io it wrote that the building shall
itand for and be an investment ol
-he funds of the commission.
"The 1927 act directs the sec
retary of state to assign space in
the new building to state officers
boards and commissions, and pro
vides that the board of control
shall fix the amount of rent to be
paid for the use of the quarters as
signed. "It would seem strange that the
Uate would pay rent for the use on
i building it owned. The payment
of rent, however, can be very nlce
'y reconciled with the theory wc
have been pursuing. That is, that
'.he state recognizes that it is not
the absolute owner of the build
ing, hence it proposes to pay rent.
In this connection It is deserving
f notic that the act does not
ilrect that the building shall be
jrected on land owned by the
Hate.
"The foregoing analysis of the
ici appeals to us as reasonable
and just. The law Is well 'settled
that when an act is susceptible to
more than one construction, one
af which renders it invalid as vi
Jlative of constitutional inhibi
lons while the other is in accord
ith the constitution, the latter
shall be preferred, provided It does
no violence to reason or justice."
Other opinions handed down by
the supreme court follow:
In the matter of the partnership
2state of II. Gibson and son. cre
ditors of the partnership estate of
11. Gibson and son. appellants, vs
Randolph Gibson, administrator of
'he partnership estate of H. Gibson
and son appeal from Wasco coun
y. Suit involving confirmation and
approval of report of administra
tor. Opinion by Justice Belt. Judge
Fred W. Wilson reversed and case
remanded.
Rivers Brothers, appellants, vs
C. F. T. company. Incorporated;
appeal from Josephine county; ac
tion to recover money. Opinion by
Justice Belt. Judge C. M. Thomas
reversed.
Bank of Beaverton vs Anette
Godwin and Dora J. Elliott, appel
lant; appeal from Washington
county; suit-involving right of cir
cuit court to disregard rule of pro
cedure. Opinion by Justice Brown.
Judge George R. Bagley affirmed.
Carrie Townsend, administratrix
of estate of J. W. Townsend, de
ceased, vs A. Jaloff. appellant; ap
peal from Multnoman county; Fe
lice Brown. Judge -Walter H. Ev
tion for damages. Opinion by Jus
ans reversed. 'Tr-
Guy L. Wallace , .vs American
Toll Bridge 'company, appellant;
suit to recover money for commis
sions. Opinion by Justice Rossman.
Decree of Judge Ashby O. Dick
son modified. . . . ..
- A. 8. Sklyes and T. G. Skyles.
apellants. vs O.vKInkatd adn oth
ers, appeal from Clatsop county;
suit to quiet title. Opinion by Jus
tice Rossman. Judge J. A. Eakin
reversed in part and affirmed in
part. " -" '..
- F. Dement .vs J. A. Eastes and
the Pacific Saving and Loan asso
ciation appellant; appeal from
Deschutes county;, suit to tore-
eloseTlenr Opinion by J ustlce Me-
Brfde. Judge T. E.' J. Duffy affirm
;L. J.iMeAdams vs S: Harmon i
nnd J. O. Wilson, appellants; ap-
eal from Marion county; suit to
' enforce cpBtrlvJ?BinionT ofc ; 7 us
THF rim HHMP TftWN Ctanlaw
Xrouhfr fell! Tff -1 PotN . frJli SAJ Srrzd (u? lrl
i t.y rn a kit t,.---. s k
SOME VOFCKUS O-NO- 1 3AY f
mams pay iOe wai vcd Hour saiSl . AH-Thrse
PArry BUTi ouaHr ( Nice Ew )
)jT TlMESTDAd XJjcIe. V, ( BILLS . AND
A LOT OF LOAFERS ON MA" STTtET, VTJAIQ rR l
A &ood laujh vjras DiSAPPOATTEO -WHCv A I
STRANGE ftfc PROM HOOTSTOV , PtCKGD UP AM OLD I fTTZ
WALiET THAT DlO CoNTXlM REAL MONEY
tice McBrlde. Judge McMahan af
firmed. T. B. Lambert vs Lalng and
Thompson Iron Works, appellant;
appeal from Multnomah county;
action for damages. Opinion by
Justice McBride. Judge Louts P.
Hewitt affirmed.
In the matter of R. C. Fine on
habeas corpus. Writ sustained In
splnion by Justice Coshow.
Leona Camirand vs Ann De
Lude, appellant; appeal from
Multnomah county; suit for dam
ages. Opinion by Chief Justice
Rand. Judge Louis P. Hewitt re
versed. I. Winters and others vs J. C.
Grimes and others, defendants,
ind Fred Blake, appellant; appeal
from Multnomah county. Motion to
dismiss appeal. Appeal dismissed
in opinion by Chief Justice Rand.
OWN HOME PORT HAILS
COLONEL LINDBERGH
' Cotrnuef -from pf 1.)"
ind flags were in most of the mit
ened little hands. Policemen and
100 regular soldiers former a
juard to keep tHe children from
'ailing or being pushed into the
.iver.
On a visit to Lambert-St. Louis
Meld this morning, Lindbergh
ihook hands with attaches, chat
ted with the hot dog venders and
nher friends of his air mall fly
ing days and conferred with air
.nail managers about the special
flight he Is to make with the mail
to Chicago and back next Monday
ind Tuesday.
Much more mail than one flier
?an carry is now, assured and two
3f Lindbergh's buddies. Phil Love
md Thomas P. Nelson are to help
him with the load. Lindbergh
will carry all of the mall part of
the way however as the fliers will
change planes at Springfield and
Peoria. If a fourth and fifth plane
have to be put In service he will
fly them about the local field be
fore the start. -
NEW OUTBREAK CIVIL
WAR SEEN IN CHINA
(Continued from pas 1)
from Shansi and attempt a drive
down the Peklng-Sulyuai railway
toward the northern capital.
The date of the launching of
this campaign has not been an
nounced. It is understood that it
will be held up pending modera
tion of the weather. The areas of
the contemplated push are now
gripped by freezing temperatures
and heavy snows.
Meanwhile news from foreign
sources In Hankow, former head
quarters of the nationalists assert
that a political crisis is impending
between the Hankow faction of
the nationalists and the Chiang
Kai-shek wing now in power at
Nanking.
-
A Boston youth is accused of
stealing antique furniture valued
at $15,000. That's not much
probably a three-legged chair and
a bedstead that turns over every
tlme the occupant does.
Rr All Coughs
ondAllAges
Safe and
Reliable
Children like
It: Mothers
endorse it All
users recom
mend it ; ;
CAPITAL L.iLUSlO.tii
Hallelujah Song Brings
Inspiration
By K. O. De Plct
Dah-dah-de-dah-dah !
Let's all sing It. What?
Hallelujah aong!
A legion of comedians, singers
and dancers hit Salem laet night
in the merry musical comedy.
Hit the Deck" and these self
same gobs and tnetr gtrl friends
surely captured the city with their
rounds of singing and dancing.
"Hallelujah", the greatest song
hit of recent years, has put "Hit
the Deck" on the theatrical map
and will keep it there for many
years. Laet night when Lavlna,
(Helen Bolce) sang that master
piece the audience cheered as no
other audience has ever cheered
at the Elsinore. It caused a near
riot. Again and again Lavina and
the chorus were called back and
each time they gave this really
difficult selection In a wonderful
manner going through the move
ments and the singing with real
joy and happiness. There must
have been 10 encores. We stopped
counting at seven, and people
would have liked to have them
come again.
The story of the musical comedy
is based on the stage triumph
"Shore Leave" that David Belasco
and Frances Starr made so fam
ous, or course mis nas oeen aa-
ded to by the splendid songs and
music written by Vincent Tou
mans. All in all when there exists
such a theme such wonderful
songs a'nd placed in the hands of
68 people filled with the real
spirit of the piece- It might well
be called a real "knockout."
The songs they sang there will
cause unlimited humming and
whistling during the coming week.
In addition to the hit of the eve
ning others of great merit are
"Join the Navy." "Harbor of My
Heart," "Nothing Could be Sweet
er," and "Sometimes I'm Happy.
The cast of characters surely
depicts youth on the rampant. Hel
en Bolce as Lavina naturally leads
the others and with her wonderful
acting and natural ability she
richly deserved all the applause
she received and then some.
to Hundreds
Nadlne Wayne as Looloo has
youth, spirit and charm. Her
pleasing personality readily won
the hearts of the audience while
her wonderfully sweet voice was
indeed a true delight.
Carter Sexton as Bilge Smith
was a pleasing singer and carried
his role out to perfection. His
was a romantic cart and he left
nothing to be desired in it.
r Two eccentric dancers. Sammy
Sturgls and Frank Crabtree were
particularly delightful in their
work and along with the tumbler
Angeins Armento gave a very
creditable performance In their
respective parts.
And then there are others rich
ly deserving of special mention,
AZ.. 7. ;7mu"
A V. II.. 4 t-
.... .V TJPear
ciai uvia was lue duicuuiu uec
Fong quartet. And so on through
the entire list of characters, all de
serve special mention as well as
each individual member of the
chorus of 40. Youth appeared at
its best vivid, lifelike. The ladles
were graceful, beautiful and viva
clous while the men were filled
with vim and Tigor, clean cut
chaps.
Inspirational, entertaining, mirth
provoking, pleasurable with its
youthful freshness that is "Hit the
Deck." Splendid members of the
cast filled with life and the love
of their work and their all-appar
ent youthfulness aided by gor
geous costumes and settings and
no doubt proved to be a great fac
tor in this wonderfnl success.
The male quartet appeared dur
ing the first interlude and gave
some real entertainment while the
mixed octet came during a later
interlude and sang the "Hallelu
jah" song.
People love happy endings to
stories. There is enough sadnesB
in the world at best and this fact
accounts for the love of happiness.
Surely all were made happy byj
the fact of the delightful ending
of "Hit the Deck" at the Elsinore
theater last night when Bilge
Smith came home to Looloo.
"Hallelujah"!
WHERE!
Where will your next' month's ray.be a yearrom now?
Will you have anything to show for it? -
You certainly will if you come in and open a Savings, Ac
count and put away a fixed sum regularly; V' ? -
. v - . ,
In that case, why not take any convenient Amount, and use
it to open that Savings Account today?
United States National Bank
" . -'The Bank That-Sendee Built"
BICYCLES PROBLEM
PROTEST MADE ON LACK OF
"GARAGE" AT SCHOOL"
Bicycles a - constantly recur
ring problem for the school board
came to attention again last
night.
Mrs. Paul H. Hauser, president
of the Llncoln-McKlnley-Leslie
parent-teachers association, and
Dr. J. O. Matthis. a resident of that
section, appeared before the direc
tors and asked for financial assist
ance in building a bicycle shed at
Leslie junior high school with the
necessary racks.
Approximately 100 bicycles are
flung haphazardly on the ground
about the building by boys who
ride them to school, for want of
a place to keep them out of the
rain and mud.
The directors took no action on
the request, pointing out that the
grounds at Leslie are not yet
graded to completion, and that the
drainage work there would make
impossible erection of a Bhed at
the present time. Lyle Bartholo
mew, school architect, stated that
provision had been made in the
original plans for such a shed but
. i . 1 l .V. n.-...J..'
mai recent cnanges m iuh biuuuusi
would make necessary another'
study to decide upon a location, if
it Is decided to construct one.
Care of bicycles at the various
schools has always been a prob
lem. The school board has been
disinclined to erect cheap unsight
ly sheds which would mar the
beauty of the grounds, and no
money is available to construct at
tractive ones.
BETTER HOMES EXHIBIT
GROWING IN ATTRACTION
(Contlnnfd from p( J)
and Harold Jepson produced by
Helen Rodolf; and a style show
nightly with different costumes
displayed at each appearance.
The surprise of the evening's
entertainment comes when Henry
B. Bolton, master of ceremonies
during the week's exposition, gath
ers the crowd about him to auc
tion off a miscellany of merchan
dise and groceries from Salem
stores, only to turn about and auc
tion off the cash he has received
from their sale. Thus, one lady
was surprised last night to find
herself holding five honest half
dollar pieces In exchange for one
thin dime.
Each night a similar stunt is
carried out by Mr. Bolton. Last
night the principle premium of
the evening, a new waffle iron,
was furnished by the Oeff Elec
tric company.
As a special feature of tonight's
program, C. H. Stevenson, sing
ling Marlon county farmer, will ap-
on the urogram In three
songs, one of which will be a stut
tering novelty.
FOUR NEW SCOUT GROUPS
FORMED IN SALEM
Cascade council of Salem Boy
Scout troops has Just organized
four new troops, according to re
port yesterday by L. A. Payne,
recently chosen scout executive.
The new troops are part of the
campaign to establish 20 troops
in the city by the first of next
month.
Two of the new groups are out
side Salem. Troop No. 18 is t?
first scout body at Valsetz and has
as scoutmaster Charles G. Wrenn.
The other has been organized at
Falls City by H. B. Legg, scout
master. Application for this
troop's charter was Just received
yesterday.
St. Vincent de Paul school has a
new troop, No. 5, with Gordon
Tower scoutmaster, and the other
new one in the city is in East
Salem, taking in members from
the region about the cottage farm
A. A. Nicholson is the scout
master.
A troop is also bein contempla-
IK
ORGANIZED
Appoints Mother
IS:- KZ I j
y 7
$F vSk1 r$
Appointment of bis mother,
Mrs. Lillian A. O'NeiL as his chief
deputy, was the first act of John
K. OTOeil, of Washington, Pa., on
taking office as treasurer of Wash
ington county. Both are shown
above. Mrs. 0Neil is said to be
the first woman In the state to
hold such a post.
ted at the Keizer school with Ray
Beizer master.
A membership campaign has
been organized, with two weeks'
at summer camp free to the scout
bringing in the greatest number
of recruits.
Other ney developments among
scouts may shortly see the or
ganization of a Boy Scout band
for the city.
WOULD-BE SAMARITANS
LOS ANGELES. Cal. When
two autoists ran into the rear end
of Walter Brentenbock's motor
cycie causing ni mto describe a
arm over the handlebars, they felt
stricken with remorse and ran to
his assistance. To righf-tbe wYong
they gave the unhurt but dazed
man a couple of drinks. But see
ing other motorists approaching.
they feared that their spirit might
not be appreciated, so ran to their
car, calling to the cyclist to catch
the bottle. The bottle, however.
hurtled through the air striking
Brentenbock squarely on the head.
again knocking him down. Thts
time the autoists sped away leav
lng Brentenbock to the care of an
other passerby.
A West Dallas widow says the
reason she broke off her laet en
gagement was because her fiance
was named Hawk and she got un
easy when he called her a chicken
-Dallas News.
lb
Spring-time
in California
sunshine, . . bappy, careret days outdoors
,.,a sunny playland of endless pleasures
California Lofty palms. Leafy woodland trails. Sandy 1
beaches along the blue Pacific. Los Angeles with Holly
wood nearby. Picturesque Santa Barbara. Del Monte,
Colorful San Francisco. A land for happiness.
Ride in restful comfort aboard any of Southern Pa-
rifle's six trains to California. The superb, extra-fare
"Cascade," the "West Coast" and the "Pelkan" operate
over the new Cascade Line. The famous "Shasta" and
"'Oregonian" continur, over the Siskiyous..
"In addition, $1$ all-coach specials to San Francisco
every Sunday, Tuesday and Friday.
16 day 6 months
to San Francisco.. . $336 $45.25
toLosAngeles .f. . 54.75 $73.75
Est ria California . ; . .
Travel east over one of Southern Pacific's 5 great ; "
routes from California- choice matched by no other
, : railroad. 65-hour service from either San Francisco or i
X x, 7 ; Los Angeles to Chicago ; die scenic Sunset trip through, i V -'
:f - j the southland to-New Orleans-by train c slup from
.-'. there.' . - " ? ' ' -r: fy:. J'7:''-;':.
' -,. Ask for interesting booklets and full particulars;
B"jaiiMk ill seas- m
BERRIES
IB
PREDICTS READY' MARRETf '
BIG ACREAGE SIGNED'
Prospects for prosperity among :
strawberry growers . in the .Salem
district next season, particularly
for those producing soft strawber
ries, loomed yesterday with the an
nouncement of W. O. Allen, dis
trict manager for Hunt Brothers,
on his return from an eastern trip
that he had found promise of c.
market for the large' acreage
which the company has signed up
under a cooperative contract bas
is, through the sale of specialty
strawberry products which the
Hunt Brothers plants have been
perfecting. ';
The acreage signed up under the
cooperative contracts is approxi
mately twice that handled last
season, Mr. Allen stated. He made
it understood that marketing of
this crop is not definitely signed
up, but stated that the indications
he saw in the east point to ready
ales for the specialty product.
The poet D'Annuuzlo has sent
Mayor Walker of New York a
medal for civic gallantry. What
io yon have to do to get one of
those? Ride the subway every
lay for a year?
Paris has gone back to ruffled
gowns and we must admit that
any old kind of a ruffle would be
a welcome addition to somc-jf
em we have seen lately.
Mercury Is the smallest planet,
according to an answered ques
tion in Liberty.
Caught Cold at Noon;
Sang that Night! .
A vicious cold contracted at the
matinee, and not a trace remained -
to mar his evening performance?
Most professional people know the
simple compound which clears op
a cold In a few hours.
Next time a sore throat, a stuffy
head, or feverish feeling comes on.
try the Innocent but amazingly ef
ficient little white tablet every
druggist keeps in stock. Pape's
Cold Compound; only S5c. Nothing
is better, even for the grippe or .
flu." Pape's i way of knocking
out a cold la worth remembering
so remember the name!
PAPE'S '
COLD COMPOUND
City Ticket Off Ire
,184 "X Liberty fSU
Phone' SO or 41
-((-OCV-.v-T.