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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Dec. 13, 1930)
PAGE TWO COURT IT TO FflRHF IMTINR I UIIUL. BU f II1U , Mandamus Proceeding Falls Flat; Matter Held to Be Discretionary (CoatioacS from Vf 1 within the governor's discretion. The opinion ' reads: "As to the power of the courts to en force the performance of min isterial duties by the governor, there 1s a difference ot opinion. In this state it has been held that where the duty to be per formed Is purely ministerial and. not political and not otherwise obJectlonaL the courts, in a proper ease, may exercise their authority. The general rule, however. Is that the executive" of the state, fn the proper discharge of his duties tinder the constitu tion. It- as Independent of- the co art as he Is ot the. legisla ture. The authorities agree la holding that where the duty ought to ' be enforced 1s not ministerial, but one lnrolTing discretion. It cannot be enforced by writ." j Putnam's Propriety In Raisins; Bait Held Qwestioaable rtrt i miitur nr tu nronrie- alt, the court said. In part: "A suit by the state in Its sovereign capacity instituted by Its execu tlre law officer. ' the attorney general or district attorney, can protect or enforce the rights of a cltisen of the state who can not protect them by a suit Insti tuted by himself," continued the opinion. "In a suit of action by an in dividual, he Is required to ahow some special injury to himself and when the wrong complained of is public In its- character, af fecting no one citizen more than another, It Is Impossible for him to show such injury In common with the other members of the community. "We think the present pro ceeding should hare been Insti tuted by the authority of a- law officer of the state, the attorney general or prosecuting attorney of the district." All Justices Concur fn "Bean's Decision Justices Coshow. Rosaman and Kelly, concurred In the opinion written by Justice Bean ami Justices Belt, Brown and Rand concurred in the result. The matter was made an Issue this month when Governor Nor blad, after- weighing the case, declared that he "deemed it very Imprudent and unwise at the present time and under the present conditions" to -call a spe cial election. Sentiment In Mar- tion, 'he stated, and pointed to the estimated cost of $4000 a a - 1 - a. A ' i major oujeciiua to law pecia. vote. SEPT. PRIMARY FAVORED BY CHIEF Every county In Oregon will have at least one representative In each house of the legislature in case a recommendation of Governor Norblad Is adopted at the 1931 legislature and subse quently approved by the voters. Governor Norblad said Friday that such a recommendation would be included in his bien nial . message. The governor said he also would recommend to the legisla ture that the primary election be held In September Instead of In May. He .declared the dele gates to the national party con ventions could be elected at the September election preceding the national conventions as conven iently as they are now elected in May. Elimination of the practice of numbering the names of candi dates on the ballots also will be ought by Governor Norblad. He branded this as a pernicious practice and a real detriment to the purity of elections. The governor also will recom mend to the legislature that the name of the Roosevelt ; coast highway be changed to the Ore con Coast hlrhwav. Creation of a state board of pardons and a non partisan judiciary- law also will be recommended, the - governor aid. Junior School Girls Have Fun Between 50 and 60 Leslie Jun ior high school girls held a party In the school gymnasium late yes terday to honor the A girls. champions ot the volleyball series just completed. Besides the girls. Instructors present were Mrs. La Moine R. Clark, principal; Phere McAdams, Madeleine K. Hanna and Eleanor Tonsing. The latter Is physical education Instructor 'for tha rlrla. z . - i i :1k The Call Board . By OLIVE 31. DOAE THE HOLLYWOOD Today 'The Silent Enemy' 11 Anli nf Indian Ufa THE GRAND Today Richard Arlen la "The Border Legion." BLIGHT CAPITOI Today Ronald Column In "Raffles". At night Elka Christmas Minstrel show. THE ELSTN'ORE Today Eddie- Quiiian- In "Big Money," and Fanehon and Marco In "Way Back - a Rlaeerety and earnest auullca tion to-- tha interpretation of. his part -marked the work 1 each member of the east la tha Friday night prodacUoa of "Lady Wiad- ermewa yan." Oscar Wilde's cleverly sophisticated four act comedy drama, which .was gives by -the apeeen department of Willamette university. .Helen Pentbertoa was the director and as a student' deserves much cre dit as do the members of the cast for the genulsess of the work done. The play, to be done correctly. requires the work of artists of more than ordinary ability and so It is very commendable that the student actors could hold the attention of their audience and make It feel the slneerety and growth that each of them dem onstrated had come to them through their work In this play. It la difficult and unnecessary to make mention of Individual work. The east includes 17 mem bers and as the play was produ ced as ' the completion ot the class work for this semester it might be well to sum up the ap parent result as showing- A su perior amount of stage poise over any Willamette production seen within the past three rears: a decidedly betten voice control; and above all a sincerety and feeling in the work of each actor. Points of criticism might be the rigidity with which the char acters moved about the stage. This was done no doubt to se cure the cold austerity of the English the English may be cold but they are not stiff. For instance the praiseworthy ges tures with her hands were weak ened by the stiff movements of Miss Beecher as Lady Wlnde- mere, and Wesley Gordon's fire in his speech was cooled by his frozen actions. By and large though, the whole play was most commendable for a student pro duction. Miss Pemberton - Is to be con gratulated la my opinion for ob taining results In an amateur play not achieved within the Im mediate history of Willamette's past efforts. The resignation of Miss Slgne Wahlstrom as superintendent of Salem General hospital has just been announced, the resignation to take effect January 1. Miss Wahlstrom became affiliated with the hospital as one of the nursing staff November 1925. Later she became supervisor of one of the floors, then night supervisor, then acting superin tendent and now for the past year has been a very efficient su perintendent according to H. S. Gile, president of the hospital board of directors, whose com mendation for the progress of the hospital under the supervis- orship of Miss Wahlstrom has been expressed. Misa Wahlstrom Is resigning now to take a much needed rest for an Indefinite length of time. She will go from here to Port land where she will be with friends. JL definite announcement has not been made but It la rumored that Miss Mildred Lenoir, gradu ate of Evanston, 111., hospital. and former superintendent of Pierce county hospital of Ta co ma will be , the next superinten dent. Safe Contents In Larmer Fire Badly Blurred The safe haa been recovered from the ashes of the Lormer warehouse fire and part of the records were found intact. Wat er had seeped In, howerer, and the printing and writing la many places was badly blurred. Mr. Larmer has announced that work ot clearing the ground will be pushed as rapidly as pos sible. Until the debris is cleared away no definite plans for re- building will be made although Larmer has stated that he will rebuild. Prompt Payment Made on Policy John Bates 2084 McCoy street, received a check Friday throu gh The Oregon Statesman for $24.17 In ; payment of his claim on his Statesman accident insurance poller. . Mr. Bates was injured in an j automobile colli sion at Broadway and Shipping streets November 7. ..Mr. Bates was very faverablv : imnreasad with the prompt and satisfactory Beiuemeat. - ; ..f.- WACONDA. Dee. 12. Mr. and Mrs. A. W. Nuaom win return Friday from Forest Grove, where they hav been visiting tha past wees at tne O. W. Thurmon noma. Mr. and Mrs. R. W. Kusom and MISS WAHLSHtOM RES penon The BEDSI1S STJRTIIIS SEASON IS. EVE Linfield Frosh First Oppon ents; Dovvnie has Only Two old men Back CHE MAW A, Dee. 11 ' The Chemawa Redskins will start their basketball schedule this ev ening against the Linfield College freshmen at McMlnnvlUe. With but two regulars from last year on the sciuad the Chemawa aggre gation Is experiencing consider able difficulty in working up any team strength either offensively or defensively. Downie has made changes galore to find a workable combination. Leonard Vlvette. one of the two hold-overs haa beea shifted to for ward. Perry Smith, Dominie Dog Eagle, Robert Thomas and Jesse Chape" Jabetn, ail new men but bright proapests have paired off with Vlvette. i Andrew Hatfield and Vincent Pratt are the two strongest con tenders lor tha center Job. Both are new and untried but Hatfield hoMs a Slight edge in all-around ability and will start the game. In Albert Miner and William "Biff Jones the Redskins seem to have two men who will take care of tha guard, positions in' good shape. Both are football men. Jonea play ed tackle and Miller end.. They are of good atxe and fairly fast. Last summer the Indians gym was converted into a commissary and left them temporarily with- out a court. Through the efforts of Coach "Spec" Keene, Willam ette university mentor, the Red men have secured the use of the university court for their practice periods and travel back and forth every night. Though their sched ule is as heavy as usual their games will be played on the op ponents' court. The Redskins are not entertain ing much hope of defeating the freshmen but they sure to be in there playing; a hard game in an effort to get a toe hold on a per manent berth. The starting line-up will be: Leonard "Vlvette and Dominic Dog isagie,. forwards: Andrew Hat field, center: William Jones and Albert Miller guards. w. c. t. o. 1. HOMER IN '32 (Con tinned from pafa X) for the existing heads "of national dry oryanizations to furnish the 'united command' " needed, since there were several of the most prominent organizations "with large property and other interests which bar the way." Contending the strategy board would be all right as far as it went, but that It would be "inade quate." Stewart said his organi sation was setting out to estab lish local units favoring prohibi tion which would be tied together in towns, cities, counties, districts and states. "By the end of 1921," he said, we will have an organization no politician could afford to Ignore, while the board of strategy will hardly have gotten under way af ter the complicated procedure it must go through to complete its organization. "If every dry organization with the exception of the W. C. T. U. and the woman's national com mittee for law enforcement went out of commission, the dry cause would profit by their decrease," he asserted. 4 More Citizens Get Last Papers In Local Court Four more citizens were ad mitted by the naturalization route yesterday morning when Examiner Blackman of Portland naturalization offices sat on six cases here. Final papers were given to: William DeLangh. SilveHon. Netherlands: Adolph Johan Jo hansen. Sllverton, Norway; Anna Bligh Tiffany, Salem, Can ada, and John Schallberger, St. Benedict, Switzerland. Examination of Gabrelle Ma rie Fabry, Salem. Canada, was continued until next timer and petition ot William Henry Mc Collum, Salem. Canada, was dis missed on government motion. Stricklin Signs Water Findings Charles E. Stricklin, state en gineer Friday signed his find ings and order of determination Involving the water rights on the Walla Walla river and Its tribu taries in Umatilla county. The proceeding,, which was started in 192S, involves 789 claimants rep resenting 7401 acrea. Seventy- nine contests were tiled by the various water users. The order of the state engineer today was sent to the circuit court for Uma tilla county, for final approval. mm Fortunes. . . are more easily lost by those who inherit them than by those who create them. The modem safeguard tor the eoneerva tion ot insurance funds is a Life Insur anca Trust. Ladd & Bush Trust Company ; Officers and Directors A. N. BUSH. President. . WM. a WALTON, Vice-President. L. P. ALDRICIL Secretary. JOS. XL ALBERT, Trust Officer. , ' WE DO TRUST WORK EXCLUSIVELY OREGON STATESMAN, 1 TO WED BARON f J. Miss Frances My lev Kiev, debu tante daughter of Mr. and Mrs. Frank J. Kier, of Pittsburgh, Pa-, whose engagement to Bar on Jean Pellene, son of Gener al Baron and Barrone PeHenc, of Paris, France, has been an nomnced. The eonple met-at a tea in Paris a year ago and a common interest in art brought them closer together. EQUIPMENT STOLEN Theft ot 100 pounds of blast ing powder from the Dr. R. A. Williams farm near Hullt was reported to the sheriff yesterday by Dr. Williams. Along with the explosive, about 12 cross cut saws, 12 wedges, one cant hook. four or fire axes, two augers and a child's coaster wagon also disappeared. Williams says the articles were stolen sometime between November 27 and December 10. He does not live on the ranch during the winter, and says when he left it this fall he placed all the stolen goods in the barn and locked the barn. Thieves gained entrance by knocking off several boards from the side of the barn. Williams haa no clue as to who the robbers might be. THEFT CASES W IN JUSTICE COURT Thefts were the cause of most of the trouble reported in. Jus tice court Friday. O. W. Fan ton asked time to consult an attorney when he was charged, with robbing Knight's grocery store. Ball was fixed at $1500 which he failed to furnish and was lodged In jail. Valley Johnson plead guilty to a charge of stealing a gold watch. His case was continued and he was released on his own recognizance. Chickens were said to be the cause of difficulty for Joe Slavy. Jr.. who was charged with steal ing chickens at Mt. Angel. He and his companion, whose name was not revealed, were said to have eaten tha fowls. Slavy aaked time to consult an attor ney and ban was fixed at I S09. Being unable to furnish it he also was lodged In JaiL A. Osberg of Seattle was fined $10 for failure to atop at a atop sign on the highway. Improper license plates on cars cost W. Helsel and William Hanson $10 each. Placerville. Calif., known as Hangtown in gold rush days, has elected Its first woman official. Mrs. Maude Horn, Justice of the peace. . onDEn tECiorf BLAST 6 POWDER ii Ritnrday lion BR01VT1 WORKS HIS PlHFj HARD tggMsasasa wans H Games Arranged for tads This Season; Play In County League ' Coach Brown Is driving his Parrish Junior high basketball men hard for tha tough aeason ahead. ' Two hard scrimmages have been held with the Mute school this week and the Parrish men show promise of dereloplne; Into another crack team although -at present they are a bit unorgan ised. Over hoopsters answered the first call and out ot this buneh a squad of If has been chosen. ' " Perrine. Wintermute, DeJar dln. Kills and Vent DeJardin have beea tried as a combination on tha- first team and. work, fair ly wen together. Hoobs, Moody. Witiel. Carter and Browneuare also Improving: and some ot or these may break in on the first team. parrish will play In the Mar ion county B league in the north ern division. Ail or the teams which, will' be met are high school teams and good basketball will be required to carry through successfully. The first league game will bo played against Tur ner high in Turner December It. A scrimmage with the -high school at the first of next week will put Brown's men in shape for the opening game. The schedule now arranged in cludes: December 19, Turner there, January , Turner here. ' January t, Mill City there. January 16, St. Paul here. January 21, Woodburn there. January 2$, St. Paul there. January 30, Scotts Mills there. February 4, Chemawa here. February C. Oervals there. February 11. Scotts Mills here. February 18, Woodburn here. February 18, Woodburn here. February 27, Gervals here. March 4, Chemawa here. March , Mill City here. TO SINCLAIR LEWIS (Contlnn.4 from pr 1 receive a fair number in return.' For the literafcre of his coun try Lewis saw improvement ahead. 'I have for the future of Ameri can literature every hope, very eager belief." he said. "We are coming out of the stuffiness of sate and sane and incredibly dull provincialism. "Then there are the young Americans today who are doing sueh passionately authentle work. It makes me sick to see that I'm a little too old to be one ot them. "They are determined to giro America, a country as strange as Russia and as complex as China, a literature worthy of her vast ness. IS L Appointment ot a receiver for premises held by the Santlam Lumber company, but which she alleges she owns, is asked by Grace R. Smith in answer and cross complaint tiled in circuit court yesterday in the suit of W. H. Clark vs. Grace R. Smith and others. Grace R. Smith alleges that in March, 19S0, she and defendant, F. W. Foulkea, Jr., entered into contract whereby he agreed to purchase merchantable standing timber on the premises in ques tion at certain terms; but that ho w-ri HOLLYWOOD 25c noma of Mtlt Talkies LAST TIMES TODAY Special Mickey Mouse Mat inee Sat. 1:30 P. M. Second Episode Rintys Great Serial DftO E9PX and the Great Indian Epie Also Mickey Monse Comedy ParamoMBt Comedy Jk yews. COMING SUNDAY NOBEL 11 GOES RECEIVER AS ED FIRM S3 m , mm Camber 13, 19 i GOOD-WILL FUND Previously reported f33-J Ida I Nil 3tS Anna W. Cross a;.;. Andrea Ipeen ..... -J" Elizabeth Lord .-.- w.w Street Kettles, De- cember 12th .... y.lB TOTAL TO DATE f 371-Sa made only minor payments on the nurchase price. - She asks that besides Foulkes, r. v. tniinwinc ba made parties of the suit: f. w. o. Dorothy Foulkes and Alberta V. Reynolds, all doing business as .v caii.m T.nmhpr eomnany. and Alberta V. Reynolds as an in dividual and Santlam Timber and Logging company; B. A. wagner, C. L. Reynolds, George .W. Derr, o D. Bower as aherlff and W. C. Wlnalow as trustee. ! - These other parties wmcn sne a.m W.nia l tha snlt claim some interest in the premises in question as successors in interest of FouUtes." Jr., when ho' mort moA mrA ntherwisa tied.: the property up after the mill was un able to meet creauors uemauus. Asking tha the premises, be nlinut in rAMlTershln until the suit Is settled, she then asks that funds from receivers' sale of the felled timber be distributed as rot lows: Costs ot receivership; costs of suit; then payment to defend ant, Grace R. Smith, of 82 for ev ery thousand feet ot xeuea um her- mrntni tn relief of others who have claims. She asks that she be given exclusive possession of premises upon termination of receivership. Announcement of chairman who will head the Christmas seal sales in the various booths over town was made last night by Mrs. J. B. Blinkhorn. county chairman, and Mrs. Harry Sinks, booth chairman for Salem. Five booths. In addition to the postof flee booth which was opened several days ago, will be selling the tubercu losis seals until Chrlstmss, begin ning today. The five additional booths and chairman In charge of each are: United States National bank. Mrs. M. C. Cashatt. , First National bank, Mrs. Estill Brunk, assisted by Miss Mary Fake. Ladd and Bush bank, Mrs. Bra zier Small. J. C. Penney store, Mrs. C. S. Pratt, under auspices of thesEast ern Star. Miller's store. Miss Ruth Wa terman. The postofflce booth will prob ably be in charge of Mrs. Harris Llets after today. A group ot volunteer workers who will assist with the sale In the various booths follows: Mrs. B. J. Donnell. Mrs. Kula McCully, Miss Mary Maley, Mrs. George Rosaman, - Mrs. W. B. Hanson, Mrs. TInkham Gilbert, Miss Prls cilla Fry, Mrs. Waldo Mills, Mrs. Ines Byrd and Miss Betty Utter. Tha booth sale will supplement the sales of tuberculosis seals made In many schools of the coun ty and the large mall sale made in Salem. Former Minister To China Avers Conditions Good SAN FRANCISCO, Dec. IS. (AP) -Charles R. Crane, for mer United States minister to China, who arrived here today from the Orient, said China is closer to stabilisation than at any time within the last decade. Crane spent the last five months in China In an advisory capacity to the Nanking government. He said all the Nanking government leaders are young men, most of them educated in the United States and Japan.' S BOOTHS ADDED TO SEN MORE SEALS TOig B1LSIMII1IIS FANCHON & MARCO'S 44 JTosr DogEi XrEnena H. IDEA THREE BENNET BROTHERS EMPERORS OF HlRMONY MADELEINE DU VAL CARLA TORNEY DANCERS On The Screen PATIIE E EEATUQG . TONITE ONLY AT 9:30 MILLER'S FUR STYLES 550,000 Worth of Furs WILL BE MODELED ON THE STAGE MIES RICH SCORE ON ALLEYS rrldav nleht's bowling result ed in wins for Emmons Clothing rn . canttbl Dairies and the Car son Pharmacy. The Carson pharmacy game was won by a forfeit. Trn ta recent form in other leagues, no high scores were roll ed by the Statesman league, xiarr a h MtMarr Stores team rolled the high score of the evening when he turnea in a oso tor mree games. Yarnell, Emmons star, came a -close second by turning In a 681. Summary: : KKnTOirS CXOTH1H3 CO. Tmraell S 178 1 SSI Vrr ise- UT ISO 40 KeSel 18 144 505. 45 Atklaa - W 10S 17S - v TUU S1 T79 S4 2437 DAT ASO VZLSS M. P.lia' " a. num -tie , it ?f f . 4S4 SST 410 4M 4S M. C.rt.r US ISO 1S U HMw.y mi M. 8iBMray 1 TUls T6s sii sot tai 0AKT0& DArxTJEg M so so to so 47S S3S J. Millar ! H Uek.tta .is- "I K. HiUm a WO XS 44 Law Aaar'. Bitckia isa its its see tit .iso iss toe Total .701 S99 07S 15l ICcKAaX STOnES IBS IBS 14t 44t 18 1T1 1SS 41 Ohear gT' "J Tos 1st is sss ijm i&a bit Hnmm.ll 181 141 ITS 4T TaUU M 90S 19t 144T TIM.. 171 IBS "154 4S8 Traali 10S 10 12S S7S o'vlv ia iso IIS 48T fj.ib-r., 144 101 185 80 B.y.rt . 148 170 18S . 44S 'Total 688 720 TSS S17S STAB masxzt Torfait. RHODES RITES TO BE HERE SATURDAY Funeral services will be held for Silas E. Rhodes, It, Satur day, December 18, at 1:30 p. m., from the chapel of W. T. RIgdon and Son; Rev. Roblna will offi ciate. Interment will do in my View cemetery. YOU ARE READING THIS LITTLE AD Because the Dollar Sign caught your eye. By the same token the purchase of Scrip", the Ideal Gift for Christmas, will catch your eye, and will save yon money. aa.SO Books 9SJOO . Books S4-BO glO.OO Books 90.00 Ask at Box Office ' ELICITS CATTTOXj " THE ELSINORE III f milaaTTna anil fktBOuasTan! osn eoartivchr read rour talents. and faults in tha drawings, words what nots that you scribble kt thought. ' l Send yoOT"scribbttnsV,or efa bAOLB nNCO CO KBW TOXX CXTS , TODAY TOMORROW DRAMA, LOVE, life, laughs, walk hand-in-hand in every, scene of this engrossing' pie turewthe fines f the year. Mr. Rhodes was. tha father Af Mrs. Frank Bligh and Frank A. itnoaes. He Is also survived by nis widow, Sarah, and two grandchildren, Margaret Ann Bligh and frank Rhodes, Jr. A second daughter wrs. jessie Shortrldge, was ac cidentally killed la Klamath Falls in September. Mr. Rhodes was born in IJa derway county, Missouri, Janu ary 15, 1851. H crossed the plains to the WiiUmot. la the early 60s bringing his family with him. Since then he has lived in Polk county. He was employed in the local post office for 23 years and was a member of the Maccabes and of tne Baptist church. GOLF TOURNEY COMING CHICAGO, 'Dec. 12 The West ern Golf association, holding its annual meeting here, formally awarded the western amateur championships for 1931 to the Portland, Ore. golf club to' be held July 13 to 18. Man Alive! Don't tell her the coffee it poor. ..but make it possible to have only the finest brew. Give HER an efficient electric percolator and you'll be able to talk about something' else at the breakfast table that's one way to insure a good early-morning break for yourself. Electric pctcolatOTM at low as $495 P O RTLX H D'C E H E P A C BLECTR I C COM PA MY 235 TS. Liberty Salem, Ore. 5lfcpslMIL LAST TIMES TODAY Li-- 01 mm, MIWi Ql all underworld dare devils. Rafflea schemes his way to riches and romance tn the- moat amaxinic mystery drama of alL MID-NITE PREVIEW TONITE attend the nine o'clock show and re main as onr gncet for Preview show. STARTS THIS SUNDAY For S Bis; Days BUI of Tim Y U " GAY! I A I BMARTI murjff vivid i ok ah 5i daughter . 8heverly win return witn taenu s