CIRCULATION, Average Distribution November, 'SO 7104 THE WEATHER Cloudy, unsettled today. Probably rains Thurwlay. Normal temperature. West and northwest winds. Vt pale, fly. Bandar 7SS , Anitt Bona f Circulation FOUNDED 1831 EIGHTIETH YEAR . . r - ' LMKm. wggwny vtcuncguay jugnung, lTeccmper xgotf ' pto. xf SPAIN" MMAlR TO ilMSUM IRECTHOK' i W mm n m 'm mm mm mmm. ' ' I : I .1 - i - I " DRY mi CHE IPW1PFRIYIS JURISTS VEEVU Clark Says Only Proper Batification Through Conventions i Abrogation Df State's Au- I l thority Illegal by. Legis lature; Decision ! NEWARK. K.-J., we. 16 r r(AP) The ad-oilon of tb 18th ; Amendment, vral Judge; Wll f ; ? Ham Clark heir.today, was ln- - He -ruiea mat only py consu- tutional conventions and not by state legislatures -, can j ineh amendments, which transfer to the United States powers here tofore reserved to the states, be ratified. The only immediate effect of his decision,- Judge Clarff ex plained, would be la New Jersey and any arrests for the retail ....sale of Intoxicants In that state i would have to be made under ! the state prohibition enforee ; ment act pending appeal of the I ruling, appeal would stsy the ef- ; feet of the- decision until it eould : be ruled on by a higher court. ! Only Effective Where ; District Judges Concur The - ruling will be effective 1 only in those states In which United States district e o u r t Judges concur In the findings Philip Formsn, federal district attorney for New Jersey, said the decision would affect only Judge Clark's district and that . the Volstead act will continue to be enforced in New Jersey until tbe remaining three Judges of the federal bench In this state either decide in agreement"' with Judge Clark or until a decision of the higher courts is . reached n tbe opinion. Validity of the -manner in which the prohibition amend ment was adopted was tested be fore Jndge Clark by a group of . attorneys all members of the - New York County Lawyers asso ciation after a study of two years. The group represented William . Sprague, a township elerk in New Jersey, who had been indicted for transporting beer. By today's decision the In dictment was quashed. Judge Clark la 38 years old. an heir to millions. He served in the ranks of the American ex peditionary forces during the World war. He is the youngest member of the federal Judiciary, but he has been called a leading scholar of the constitution. In a 15,000-word opinion he discussed the proposition that prohibition of intoxicating liquors . was a question of government and a problem In political science. He called upon nearly a hundred au thorities In support of his ruling .and quoted from their public and private writings at length. The Jurist declared the ques tion he was deciding had never been presented to any court and said he was not bound by any earlier or. higher authority. Point Said Not to f Have Been Raised Before In national prohibition cases . before the supreme court of the United States the only matters argued concerned the substance of ., the 18 th amendment and whether or not an amendment changing the distribution or power between the states and the United States reduced the po- On the other issues than that upon which Judge Clark ruled today the federal courts, Includ ing the supreme court of the United States have held the 18th - '(Turn to page Z, eoL 4) 1 Day in Washington (By the Associated Press) Party JaJers abandon plans for Christmas recess until drought relief legisla tion sent to president. Conference committee ap proved two year suspension of immigration except for relatives of those already here. J : ' . . Secretary Mellon and En gene Meyer, Jr., criticised In house. - House agriculture com mittee voted to call Secre tary - Hyde for questioning on drought bill. Hyde said he would appear today. 1 - Senator Wagner demand ed senate Investigation of bread prices. 1 Senator Heflin proposed prohibiting' marginal trad ing on stock exchanges. - ' Senator Walsh of Massa chnsetts asked for Investi gation of Cuban -conditions. United States" recognized Palma .government in Guate- c.i..a arred to consider tariff commission nominees on January 9. Grandchildren of S-iCLYV MM A. : f Herbert Hoover, third, and his sister. Peggy Ann Hoover, photo graphed en a bench on the White House lawn. They are children of Sir. and Sirs. Herbert Hoover, Jr., and grandchildren of Pres ident and Mrs. Hoover. Mrs. Hoover, Jr., and her children are spending the holidays at the chief executive's mansion. . a RIGHT TO BABE IS ARGUED IN COURT Mother (Wants Child Back; 6 Months ago she let Huettls Have it . "It's my child, and X want it. "You gave the child to us, and we're going to keep It unless the law takes It away.' So the arguments went before Circuit . Judge Hill yesterday when Fanny Wood sought to re gain possession of her six-months old child from Mr. and Mrs. Paul HuettU to whom she gave it shortly after .birth. Mrs. Wood. whose husband left her before the child was born, last week started habeas corpus action to regain the child. Final arguments on the hear ing will ' be presented before Judge Hill this morning. Suicide Threat Blocked By Adoption of Babe In her testimony yesterday, Mrs. Huettl declared Mrs. Woods hid attempted to commit suicide several times previous to birth of the child, and that she would do so unless Mrs. Huettl would take care of the baby. Mrs. Huettl finally agreed to do this. she said,! adding that they had come to care for the child - as their own and wished to keep it- Mrs. Woods declared that she was not accountable for her ac tions in giving the child away, as trouble with her husband had driven her to point of distraction. Now she wants the baby back to care for It as a mother. Mrs. Huettl declared the real mother wished her to adopt the babr after its birth, and that but for financial reasons she would have done so long ago. COMES HEBE SOON KLAMATH FALLS. Ore.. Dec is ap) Donald Naeker. 21. convicted of killing Fred Dunbar, Klamath insurance man, was sen tenced to life imprisonment to day. - r n - . Sentence was passed by juage Gv F. Skipwerth. ; Nacker will be taken to ine state penitentiary this week. With him will be La Verne Car ter, who last night pleaded ffullty to manslaughter . in connection with the death of his wife and was sentenced to 15 "years im prisonment. Winfield Cahlll, convicted of the first degree mur der of Billy Huff, prise fighter, last spring, also will be taken to the penitentiary this week to begin serving .a life sentence. Donations Asked 01 Capitol Crew Governor Norblad yesterday Is sued a letter asking all state of ficials and - employee to contrib ute a can of vegetables, 'fruit or some other article of fruit, which will be assembled In' the lower rotunda of the statehouse Fri day. - The articles later will be turned . over to' some charitable agency for the relief of the poor. Every department has promised to do its share. n GETS LIFE Hoover Look i at tiiC WW MIMIC MM UUT. Populace Grave When Illness Becomes Serious; Stocks On Market Affected PARIS. Dee. 18. (AP) Paris sighed with relief tonight on learning officially that the con dition of the former President Polncare was slightly improved. Throughout the day there had been conflicting reports on the illness of the war-time president. Awaking to near M. Polncare was dead, the population of Par is listened all morning to rumors which finally reached the cham ber of deputies, where many poli ticians and statesmen Immediate ly left for Rue Marbeau to pay their respects to the departed statesman. A short time later an official denial of M. Poincare's death was printed. " Although the doetors have maintained that the former presi dent's illness Is of the nature of a generaf breakdown with a slight congestion of one lung, the pa tient experiencing some difficulty in breathing, reports from other sources close to the statesman say he is suffering from the begin nings of partial paralysis. The fact that M. Polncare had no fever and his pulse was nor mal cheered his friends and ad mirers. In spite of reassuring news from the statesman's bedside, the realisation that M. Polncare is last to active French politics for all time has caused a feeling of deep regret. Olney to Lead : fignt on Kaaw WASHINGTON! Dec. 16 (AP) The Justice department an nounced today that Judge War ren Olney, Jr., San Francisco, had been appointed to act as special counsel for the government In the case brought against the Ra dio Corporation of America and other defendants at Wilmington, DeL The case was described as one of ' great public Importance because of the broad scope of the business activities of the defend ants and the unusually Important questions of law which are pre sented." : . !:-;.-', 5 Men 1 diked PKirajsm Brown to Call Conference Within the next day or two the Marion county delegation In the legislature will meet to dis cuss the filling of the senatorial vacancy from this county. All members of the delegation are on easy call at present and when Senator Brown comes to town from Gervais the men t will get together. ; : The . first question Is how : to have the vacancy filled. Some have proposed letting the gov ernor make . the - appointment, but tbe serious objection to this plan Is that it Is outside the pro vince of the governor,' and that he Is unacquainted with the .lo cal situation and local men. Local Delegation may Have Choice of man A proposal which avoids this objection Is to have the appoint ment made by the Marion coun ty delegation or made by- the governor on the recommenda n ICES L IS OF Railroad and Industry Scale Held out ol Line With Other Price Cuts Cooperation With Employers Needed Else Industry Faces Collapse BOISE, Ida.. Dec. 18 (AP) Governor H. C Baianage toaay warned labor it must accept low er wages during the depression period or face the danger of ' weakened or collapsed business structure under which it works.' In an Interview given the Asso ciated Press, Governor Baldrldge said wages, particularly on rail roads and Is manufacturing plants have been maintained at a level all out of keeping with the present scale of commodity prices, business and general fi nancial conditions. "I suggest this reduction," he said, "knowing it conflicts with the expressions of President Hoover, and knowing, moreover. it will meet with instant opposi tion from those classes of labor to which it applies. "The fact of the matter is. those classes of labor still insist ing on the high wartime level of wages must offer ' to cooperate with employers looking to lower the schedule, or face the danger of collapsing Industry. "This Is a hard argument to put forth, but it means simply this: labor and the employers must get together, must under stand that the customers will not endure high prices for commodi ties that ought to be sold cheaper in this country except for the cost of labor that goes into construc tion. w - - "It means, in cold figures, this: if the employer goes to the labor representatives and tells him a dollar a day must be cut off each man's wages, that labor represen tative will have to understand that unless this, concession Is made business is likely to fail. old ni wn PAYS EAST VISIT (By the Associated Press) Old Man Winter, accompanied by his right hand man. North Wind, strode down the Atlantic seaboard yesterday Just to let the world know he was still boss of the weather in December. He left behind a trail of Icicles, stinging toes and fingers, chatter ing - teeth and augmented coal bills. He breathed on New England and upper New York state, and the cowed mercury in the ther mometers slunk below xero. By the time he reached Boston and New York his severity had melted a little, but It was only S above In Boston at 8 a, m., and 10 above In New York. Among IS cities all over the country, whose tempera tures at that hour were given by the weather bureau, Boston was tbe coldest and New York next. It was 28 degrees colder than nor mal in New York. He continued his march through the day, but by night he was getting weary 'and losing his grip. Slowly but surely tempera tures were going up. The fore- east for today generaly was "fair and warmer." . - REGULAR DIVIDEND PAID .ST. PAUL, Dec. 16-(AP) A regular semi-annual dividend f 81.50 a share' was declared by the directors of Great Northern railway at a meeting here today. The dividend will be paid Febru ary "2 to stockholders of record December 29. tor. Senate; tion of the delegation. The four representatives and one senator are all local men, well acquaint ed with the county, and repre sent different schools of thought so the one they name would be fairly representative. In addi tion It ' is always Important to select some one who will cooper ate with the other members of the delegation. 1 , Some new names are being dropped Into the hat and will receive consideration. The pres ent list inclndes Frank Settle meler of Woodburn, Charles Areherd of Salem, W. A. Jones, Macleay, Chris Kowlts and Max Buren . of Salem. - The two last are the new names suggested. If the appointment . rests with the delegation one member said that he would - favor' making publle the names ' of those under con sideration so as to get the p no lle reaction to those candidates. NEED BALBREDGE Martial Law Prevails; 75,000 Troops Called Out; Strikes on litatLeaMEi9 Strict Censorship o; News on; Army is Reported Loyal 71 JTADRID Dee. 18-(AP) . Iff Spain was outwardly calm tonight in spite of a revolu tionary aftermath in the form of an extensive general strike that affected, during the day. almost every section of tbe country. Order was enforced by the pres ence of 7S.000 troops and thous ands of civil guards called out yesterday under Premier Damaso Berenguers proclamation of state of siege. They clashed In a number of cities today with strik ers, but official reports received In Madrid denied that there was- bloodshed. 'Martial law was still in force, and a strict censorship prevented the circulation, by regular chan nels, of any news that might serve to alarm the population. Reports that the situation was much more critical than appeared on the sur face were denied by officials. It was known, however, that strikes broke out in Barcelona, center of Catalonlan unrest, Cu- enca, Orense, Gljon, Saragossa, Lerlda, Zamora, Ferrol, Huelva, San Sebastian, Santander. For a time a food shortage was fear ed in some Important cities but later, through the efforts of troops and policemen who assist ed in the protection of reopened shops, restaurants and bakeries, this condition was alleviated. Heavy Patrols Maintained In Centers of Unrest Nevertheless, heavy patrols of troops were maintained tonight in the Important centers of un rest. In most of the points af fected, according to government authorities here, business was resumed normally in the alter- Boon and public services were maintained. . A number of arrests were made alid as a result Premier Berengu- er said no further revolutionary attempts were expected. In an exclusive statement to the Associated Press the Premier declared that the army was every where loyal and that the revolu tionary movement Inaugurated by Major Ramon Franco at Cuatro Vlentos airfield yesterday had railed completely." Officers involved in yesterday's revolt attempt wer under court- martial today and it was expected that their sentences would be pro mulgated tomorrow. The gener al expectation was that they would suffer little more than a re duction In rank. Pal Slain as HeSaysHe'll Not Do Work OROVILLE. CaL. Dec. 18. (AP) Back In the lonely country around Bald Creek canyon where John Stanley and Bob Ika, Med f ord. Ore., trapped for many years, the crack of a rifle today ended their long companionship. Ika Is dead and Stanley is In the county Jail here, held without charge- pending investigation. A frightened aged prospector. LI be Taylor, revealed, the killing to Sheriff W. C. Toland. . "I come along a few hours af ter the shootin'," Taylor told the sheriff.. "Thar wus John a-stand-in over Bob's body. He seemed awful mad." The sheriff said Taylor told him Stanley, at the point of a rifle, forced the aged - prospector to aid him bury the body. A sheriff's posse found Ika's body in a shallow grave. A quarrel over who would do the cooking, Toland said, appar ently caused the shooting. Stan ley, the officials said, told Ika it was his turn to do the cooking. but Ika refused. The taut nerves peculiar to men who live In wild mountain regions broke under the strain. Sheriff Toland said. Bear Hunter is Shot by Partner In Curry County GOLD BEACH. Ore.. Dee. 18 (AP) Elmer E. ; Miller, well known Curry county resident, was accidentally shot and seriously wounded today by Will Wridge while the two were hunting bear 20 miles east of here. Wridge fired at a ' bear but Miller was in the line of fire aad the bullet entered his hip.. Wridge hurried to the nearest settler's : home and summoned a doctor who left immediately with six experienced" woodsmen. Millet will have .to be carried out of the rough country on a stretcher. Miller formerly was predatory animal hunter for .- the ' United States biological surrey In Cur ry, county. - King Alfonso Is Under Storm ri'Sv i I - i i - ' 1 ::-y.&7:y Revolutionists declare that while they seek a republic they will not overthrow their king. How ever Alfonso has been eight times attacked by men who would seek his life since he became ruler of Spain. SALVATION IB My FUND FAILS SHORT THE SALVATION ARMY "GOOD-WILL" FUND Previously reported . f 470.93 I O. Clement 5.00 E. J. Sallen . . . . 10.O0 J. D. Anderson .... 5.00 8. E. Purvtne 20.00 Street kettles for De cember 10 ...... 24.54 Total to date 1549.19 By ENSIGN WILLIAMS Helpt Help! Help! Never does that piercing, blood curdling cry ring out but every one In hearing distance rushes to the rescue, alert to do all in hu man power to sare from the cruel. burning flames or from the re lentless grasp of the waves in tbe esse of a man overboard or a ship going down. In such a crisis all rules of pro priety are swept aside: lords and ladles run and shout like news boys. If a hnman being Is struggling in the water each one tries to throw overboard whatever comes first to hand. Nobody waits to consider whether a deck-chair will float or not. It may help so over (Turn to page 2, col. 2) ' ON GIRL'S DEATH Whether or not an Inquest will be held In the death of Blanche Hutchinson, Albany girl who was fatally Injured In anautomobue collision here ' "early . Monday morning, had not been fully de termined last night. J. Dale Tayfor, deputy coron er, said he thought It quite pos sible no Inquest would be held. Inasmuch as Justin Ransom, driv er of the car, admitted that he was in the wrong In the accident. Guy Hutchinson of Albany, fa ther of the girl, has not definite ly asked that an Inquest be held, however he has an attorney working on the case. It Is said. Should decision be reached to hold an Inquest, it will be set for this evening. Funeral services for Miss Hut chinson have been set for 1:30 o'clock Thursday afternoon . at the Rlgdon mortuary. No change was noted . yester day in conditions "of Wayne Ran som and John Sacre, Aumavllle young men who were taken to the Salem general hospital fol lowing the crash. Sacre has been in a semi-conscious state. It will probably be some time before either Is able to leave the hos pital, . : . . 200 Men Seeking Work at Astoria mmmm mmm -e ASTORIA, . Ore., Dee. " 1. r (AP)- Two .hundred unemploy ed men, responding to the state highway department's office to employ Jobless men on road pro- ects, beselged the county court off lees here today. County Judge Guy Boyington ' advised the men actual residents of the county and those in greatest need would ho given first chance the work, INQUEST f'OSSIE Premier is Sick; Naval Forces Said to be in Revolt ; By The Associated Press 1 ; The kingdom of Spain ap peared to be approaching a state of insurrection yester day despite optimistic gov ernment statements to the contrary. Martial . law governs the entire country and .the muz zles of machine guns point menacingly down the princi pal streets of the larger cit ies, in most of which strikes have been declared. Unconfirmed reports say the town of Logrono has been taken over by rebels, that the naval forces at Ca diz have revolted and that Valencia is ruled by rebels following the execution of three loyal generals. Heavy fighting was reported at Hueiva. Seventy-five thousand troops were called out to assist police and civil guards while detach ments of the Foreign Legion and air service were returned from Morocco to aid in keeping the country quiet. The strain is telling on Pre mier Damaso Berenguer, who was 111 last night with tonsilltls, his temperature reaching 102.5. Revolt' Fires Said to Be Ready to Flame ap HENDAYE. France. Dec. is. (AP) All along the Franco- spanish border today spread re norts that northern Kmln la in state of Insurrection, with the fires of revolt smouldering. The strict censorship has caused information to go throigh round-about channels and thus, the accuracy may be doubted. But enough has come in to indicate that Spain is at a critical point despite optimistic assurances from Madrid. The town of Logrono Is said to be In the hands of rebels who have proclaimed a republic. While San Sebastian was some what Quieter today following the riots and general disorder yes terday In connection with a gen eral strike, rich Spanish refu gees were fleeing to the safety of France. The city was strictly under military control. Airplanes Drop Bids xo Join Kevolters From Perplgnan came word that republican 'airolanes flew over Barcelona today and drop ped proclamations Inviting re publicans of the rreat Catalon lan seaport to bide their time. Other large cities of Catalonia were visited similarly. Barcelona still was tied up by a general strike today with than. sands of troops and civil guards aiery patrolling the streets to prevent disorder. Gibraltar told of nerslstent re ports that the Spanish naval forces at Cadis are supporting the revolutionary movement. ASK DEADLINE CHANGE THE DALLES. Ore., Dec. II (AP) The Dalles-Wasco . Rod and Gun club has decided to ask the state legislature to change the deadline on commercial fish ing In the Columbia river from the Deschutes to a point below Celilo Falls. , - (By the Associated Press) BAKER -Two Inches of snow fell here Monday night. ' The mlnlmnm temperatare today ; wae 16 degrees above aero. REDMOND A horned owl. measuring 42 Inches between wlnr tins, was causht here re cently by J. H. Tally. The owl was believed to have teen steal ing chickens - BAKER The retention of George Alexander as state pro hibition director wae favored in resolution adopted, by the Eastern Oregon Peace Officers association, in session here. : IIEDFORD Work preparatory to opening the Black Bear coal mine six miles east of here Janu ary IS Is under way. Mine offi cials said about 60 men would be employed. ALBANY Sheriff Herbert Sheltoa Monday discovered a large liquor plant in sv residence said to be owned by Jesse Dav enport, About 80O gallons of snash was found . OGRSS 11 DEBATES ABOUTJELIEF Demos Want to get Through $60,000,000 Bill for . Drought Cure-all Hoover Doesn't Yield to De mand Data on Woods; Lafollette Objects 9mm By FRANCIS M. STEPHENSON WASHINGTON, Dec. 18 (AP) With the emergency relief pro gram snagged by dlaputes at both, ends of the capitol party leasers tonight put aside any discussion of a date for a Christmas recess. President Hoover late today in formed the senate in response to Its request that he had no report to submit from Colonel Arthur Woods, chairman of the emergen cy commission on employment. Senator LaFollette, republican, Wisconsin, then Introduced a res olution requesting the senate ap propriations committee to ceil Woods and other heads of agen cies connected with the employ ment situation before it to ascer tain their views. Republicans put Thumbs Down on Substitute Measure Republicans of the house agri culture committee rejected a dem ocratic motion to consider the senate's 860,000.000 drought re lief bill as a substitute for the 830,000.000 measure favored by the president. However, the committee decid ed' to call Secretary Hyde to estab lish the attitude of his depart ment. The secretary advised the committee he would appear to morrow. Chairman McNary of tbe senate agriculture committee yes terday told the senate the original recommendation for 860.000. 0o came from that department. Chairman Jones of the senate appropriations - committee will ask the senate tomorrow to re cede from some of Its amend ments to the 8116,000.000 emer gency construction bill to which the house conferees today refus ed to agree. Some democrats an nounced they would oppose elim ination of these amendments. One would take awiy from the presi dent the power allowed by the house bill to allocate tbe mow . . (Turn to page 2, col. V) SISTER TELLS OF PORTLAND, Ore..' Dec. 18 (AP) Mrs. Emma L. Glover, Ya kima, Wash., was believed to have appeared today before the grand Jury Investigating the fatal stabbing of her sister, Mrs. Leone C. Bowles, here about a month ago. Kelson C. Bowles, Portland cap italist, and his former secretary, Irma Loucks Paris, are charged with the murder. Mrs. Glover was seen entering the Jury room and she emerged about an hour later. Upon her de parture, Mrs. Faye Bowles, Nel son Bowles' sister-in-law, entered the chamber. She remained un til the Jury adjourned for the night. Fred Jlose, court reporter who took the testimony of many per sons questioned by authorities In vestigating the - case, also spent considerable time In the Jury room today. - Tbe hearing will continue to morrow. BOWIES mm Snow Falls at Baker Horned owl Captured Alexander Gets Okeh ' 50 men to get Work ASTORIA About 10,000 acres were added to land already clas sified for reforestation. This brought the total Clatsop cosnty land classified for reforestation to 108,000 acres. MED FORD -The entire stork of the C E. Johnson grocery store was stolen early yester day. The robbers took the gr cerles away in a truck. KLAMATH FALLS A squirrel caused the death yesterday of Mrs. Emma Anderson. The wo man was bitten by the pet En r- lUsh red squirrel on December 3. Blood poisoning developed, caus ing her death. ASTORIA A large run of tons cod has entered the Colom bia river. The ran has attract ed hundreds of fishermen. MEDFORD Wayne E. Whaley. 18, of Butte Falls was shot and wounded critically today when a rifle In the hands of a younger brother was discharged accident ally. The bullet pierced Whaley'a abdomen. He Is in s local fcos pltaL . !