r
r L
"J .
SERVICE '
We" guarantee oar car .
rter service. , If your paper
doc not arrive,, by 0:80
rail BOO and a cop will be
delivered.
THE WEATHER
Fair bat foggy today and
Saturday, mild; iiax. tcm
peratare Thursday 48, Mia.
JW, cloudy, calm, river 4
feet; no rain.
He
FOUNDED 1631
EIGHTIETH YEAR
Salem, Oregon, Friday Horning, January 30, 1931
No. 2G5
" 1 - t . I )
- . ' .
VOTE ON
DRY LAW
ma
I Lower House Turns Down
; By 41 to 16 Ballot After
;: Hours of Heated Debate;
Hall Is Jammed A
Fear Move Will be Viewed
As Indication Legislature
Is wet and Used as Ha-
... tional Propaganda1
, Memberi of tha lower nouse In
the legislature yesterday after-,;-
noon defeated by a TOta of 41 to
16 a move to reconsider Oregon
constitutional amendments for
'. prohibition by TOters at the next
- tlectlon. 'i
Th vnta cama on the motion
J substitute the minority for the
aialoritv reDort on the Manning
resolution proTidingr for the state
widoTOte. r ire or BOTen memoeri
-f the resolutions committee, to
whlrh tha Manninr resolution
went. Toted for a .majority report
x that the resolution do not pass.
Two: Renresentatives Manning
and DeLap. signed a minority re
.port faToring the adoption of the
resolution. .
"Three Prom Marion
On the rote in the house, the
i ayes who Toted for the Manning
' resolution and against tho major
if reoort. were: Anderson. Bro-
; naugh, Bynon, DeLap, Deuelj Eck-
ley, Gouley, Hamilton, jannsen.
Manning, McConrt. Mott, Nash,
Proctor, Smith of Marion. Temple.
The nay rote which was Against
the Manning resolution and for
the continuation without a popu
lar rote, of the present eon s tit n
tlonal prohlbiUon of tha- Hgnor
traffic, was: Allen, Andrews, An
gell,i Chindgren. Chlnnoek, Day.
Fisher, Gill. Glass. Gordon, Hell
berg. Howard, Keasey. Lawrence.
Lee. Lewis, MaePherson, McAllis
ter. , McCornack, McGraw, Mc
Phillips, Nichols, Norton, Oxman.
Peters. Schaupp, Scott of Umatil
la, Scott of Morrow and Umatilla,
Smith of Hood Rirer, Snell, Stew
art. Stockdale, Swift, Taylor,
Thornburgh, Tompkins. Weather
ford. Wells, Winslow.-Tates, Lon
ergan. ' Representatiret Hill, J ohnson
- and Knapp were excused from the
' Mlnn a nrl did not Tote.
151 ' For nearly two hours the legla
: latiTe battle was waged, while a
score of representatives took the
floor to debate all phases of the
measure. Every seat in the gal
lery was taken and several hun
dred people were standing in the
aisles daring the debate. Feeling
that the vote indicated, by Indirec
tion, a legislator's view on pro
hibition,, many at , the speakers
were exceedingly careful to get
- their remarks into the record. !
The debate opened Representa
tive Angell of Multnomah moved
to lay both reports on the table. !
Motion to Table
Is Voted Down
Manning arose to protest the
action and claim a right to be
heard. Speaker Lonergan rapped
him down as being out of order
but Manning remained speaking
.and the presiding officer had to
pound his gavel vigorously before
Manning subsided. Angell's mo
tion was defeated,
r Manning then moved that the
report of the minority be adopted
and the battle was on. Speaking
for his motion Manning said: '
VThis motion does not require
an Individual to stand up and bo
counted. Tho people should have
an opportunity to express them
selves and we should give them
this opportunity.
DeLap of Klamath county, who
Joined Manning in signing the mi
nority report, said he would "prob-
ably be . branded as an avowed
wet," but he was author of house
.bill No. 10 to put more teeth in
the prohibition law.
'I believe tho people would
' Tot for prohibition and that that
would take away the last argu
ment of those opposing enforce
ment." Andrews of Multnomah said:
This question should go before
. the people by an Initiative. If
1' thU resolution I adopted, the ln
. ference goes out that the legisla
ture is In favor of the proposed
amendment, and the word would
.t go over tho country that Oregon
la wet"
Bynon of Multnomah favored
the resolution "a a vehicle de
- -signed to submit the matter to the
people. It could be presented with
' out propaganda from tho legisla
ture. There may be an hooest
doubt In the minds' of the people
about prohibition and they should
be privileged to express their sen
tlment. The ballot box la the
safety .valve of the people."
Glass of The Dalles was all roil
ed up over an editorial ia als heme
town paper which referred to
"voting dry and drinking wet
legislators, and declared the mo
tion would be killed by the drink
ing dry and voting drr represen
tatives. He branded the toes of
(Turn to page 2, col. 1)
Three of Marion's i
Legislators Favor
I Pro hi Referendum
Mrs. Smith Pleads for
Allowing Popular
A His Vote
! MARION COUNTY'S VOTE
How Marion legislators voted on the Manning anti
prohibition resolution: i
For Manning motion, Gouley, Mrs. Smith, Mott. '
Against, McAllister. !;. . :'; ,: 5 t
MraL Smith and Mr. Mott
the motion, the other representatives making no speeches.
Mr - m in 1 l . i ........ " 1 ........ r .
Airs, onutn saia in pan;,-
ASSERTS PATIENTS
HUE! POORLY FED
Adequate Funds for Eastern
Oregon Hospital Asked
Of Legislature
A letter received from ' Dr. I.
U. Temple that patients at the
Eastern Oregon state hospital at
Pendleton receive no i sugar, and
that butter is served only one day
each week, is to be investigated
by the joint ways and means com
mittee, according to announce
ment made at Us meeting last
night.
Dr. Temple appealed to the
ways and means committee to in
crease the hospital appropriation
an amount sufficient to purchase
both sugar and butter: for the paN
tients. f ; : ; i : :: -
senator Staples declared that
Dr. Temple's letter was tho first
complaint received in connection
with the operation of the eastern
Oregon hospital in many years.
Representative Allen declared
that he i recently Inspected the
hospital,! and was of the opinion
that It was being conducted In a
highly efficient manner.
A reqnest of the state board of
horticulture for an appropriation
to cope with the alfalfa weevil
caused Senator Strayer to remark
that nature had taken care.of this
pest In his home county in east
ern Oregon. Ho referred to the
alfalfa weevil as a job. Senator
Staples called attention to an ap
parent Increase in the budget of
this board from 112.000 la 1229
to $25,740 this year
Senator Woodward took occa
sion to review what ho termed
as tho earwig hysteria in Port
land a few years agO. "This hys
teria cost the taxpayers of Port
land a large amount: of money,"
said Woodward, "and little good
was accomplished." 1; ;
Skntiam Route
May be Changed
To Aid Railroad
: The Marion county court has
no desire to interfere with exten
sion of tho Southern tPacific into
the mountains near the route of
the , North - Santiam highway be-:'
tween .Idaho and Whitewater, the
court has informed E. L. King of
Portland, superintendent for the
railroad. -However, the court will
expect the railroad to bear ex
pense of changes in . the road
route- because of encroachment of
tho railroad.
PASS PRIMARY LAW
BOISE, Idaho, Jan. 29 (AP)
The Idaho senate passed the di
rect primary bill today and the
house passed the old age pension
bill, two of the major Issues of the
session." 1 : " -
Old Joseph Party Finds
Utility Bill too Weak
- )
Not from the utilities but
from tho "left iwing" of tho Jo
seph-Meier group Itself came the
strongest attack On the first Of
the trio bf power bills consider
ed at a public hearing .last night.
house bill 77, Introduced by Law
rence, .consolidating the public
service commission of three "Into
a commissioner j of public utilities
and providing I v optional home
rule. - - T I , ; ; .
, Harry L. Gross of the Indepen
dent political league of Portland
declared that tHe bill, of which
Col. A. E. Clark of Portland wag
draughtsman, filled to come up
to the purpose and Intent of the
Joseph program which was r. to
make tho regulatory official a
consumera advocated and not
a judicial body., He asserted that
rate-making ' was a legislative
function and not a judicial one;
aad that the retention of tho tna
chlnery of hoU'Sng hearlaga and
maktag " aa order based upon
findings, therefrom kept the util
ity commission a Judge and not
the people's adrocate.
The only other criticism of sig
nificance came from : Chris Schu
ebel, city attorney ' of Oregon
City, who feared that tho home
rule feature meant ' throw-back
hop Industry; Mott is for
Expression but Says
Will be dfy , fi
addressed the legislature on
. .. i j . . ,.
O "Marion couaty Is about the
same size as Belgium. When
was in Belgium a prominent man
there said to me: 'From Oregon.
from Salem, the center . of the
hop Industry, and you have pro
hibition?" I -speak for the hop
industry which brings 13,000,
000 annually to Oregon. The
chain stores : and automobiles
take money out of tho state', the
nop business brings It ' In.
know the hopmen and I don't
know a sknnk-among them. One
hop man pays 12000 in taxes
another 12100; another $4000
19800 in all. I never drink beer;
1 am not a hopwoman. but
think hop fields are the most
beautiful fields In the world.
This measure will promote agri
culture. : . : y ;J. ' ;f 5
She was greeted with applause
rrom tne audience when she sat
down, and the speaker rapped
for order threatening to i clear
the chamber if demonstrations
continued. . ;
Mott dry but!
Wants! Expression ,
I James , W. Mott spoke as fol
lows: ;x 'j -. ,. ; I
I "I was elncere In saying this
was an embarrassing moment.
disagree that no explanations
will be . necessary on this vote.
No matter how you" vote yoa will
have to explain it from now till
the next election. I do not want
to be understood as voting for
or against prohibition, in voting
for the Manning motion. If
there, is demand on ' the part of
fhe people Ho have tho question
referred It Is our duty to vote to
refer It to the people whether
we are i for or against prohibi
tion. i 1 trrer errea a anestion on
Should the prohibition act be re
pealed or better to have memor
ialized -congress to submit a
question Ten the repeal or modi
fication, of the 18th amendment.
If I were in congress I should
vote for a referendum en the
prohibition question. But we
should not oblige the proponents
to Initiate this question here.
There Is a demand for Its sub
mission. . you cannot ! attend a
political meeting or social gath
ering where the question is . net
raised.- Yon- hear the question
raised every t place a demand
for a showdown. .
"If this question is submitted
I Intend to vote against it at the
polls and - the wets ; can make
what they please out of that. I
voted for prohibition. I will vote
now- for the submission of ; this
question and the dries can make
of that what they please. I con
sider the question not an expres
sion of this house, nor for or
against prohibition. ; I believe
there is a demand from. the rea
sonable wets and the reasonable
driesto vote on tho question and
I for one refuse- to deny them
that vote." , ;
TntTRXBLAD CHAMPION"
CHICAGO, Jan. 29. (AP)
Arthur. Thurnblad oft Chicago
won the world's three-cushion
billiard championship tonight by
ait unexpected victory over his
fellow townsman, Allen' Hall, 50
to 43 in 63 innings In the final
match of the 10-day title tour
nament. ' ' . :. ,
to the political manipulation and
corruption of the-old days; also
that the bill favored Portland at
the expense of the smaller cities
of the same power pool which
lacked Portland's bargaining
powers.. ; , 1 ,
Senators Bailey and Bennett
offered objections to certain fea
tures as tho bill applied to Port
lands CoL A. Clark t defended
his bill for over an hour and ex
plained ita features. With refer
ence to tho hearing feature Clark
said he recognized two schools of
thought on the subject but felt
the consuming public- would be
better satisfied if they had for
mal hearings rather than arbi
trary decisions. " 4 I
ITha hearing was l protracted
for;th most part technical iand
involved on legal points. Repre
sentatives of Portland shipping
interests did not get a chance to
bei hoard and Chairman Boy Gill
announced , f u r t h r r hearings
would be held. : ' t
No indications were made by
Mr. Croat la his talk whether an
attempt would bo made to amend
this bill to make it conform with
the Joseph platform, or whether
an entirely new bill will be pre
sented for abolishing the public
service commission.
COURT DENIES
REHEARING OH
TAX CASE
Leaves way Clear to Enact
Legal Intangibles Bill
At Present Session
Measure In Question is not
Income tax, v Supreme
Justices Insist .
j The state supremo court. In an
opinion written by Justice Ross
man, yesterday denied the peti
tion for rehearing of the state In
tangibles tax law case. . The case
originally was filed by Scott Red
field and others to enjoin tho state
tax commission and other state of
ficials from collecting the Intangi
bles taX., .I
: In an opinion handed down sev
eral weeks ago the supreme court
held tho act, unconstitutional.. It
was pointed ' out in the opinion
that tho law was discriminatory
far the reason that ft applied to
Individuals and not ' to corpora
tions. 1
Thursday's opinion of tho su
preme court opens the way for re-
enactment of a constitutional in
tangibles tax law. Charles V. Gal
loway, chairman of tho state tax
commission, has announced that
he already has two bills prepared
and ready for consideration of the
legislature. One of these bills pro
vides for a retroactive Intangibles
tax law covering the year 1929
The other bill would provide an
intangibles tax for subsequent
years.
Denies Law-is
Income Levy"
j The attorney general seems to
remain convinced th&t the act un
der! attack Identifies Itself as an
Income statute and that our. de
cision failed to pay sufficient heed
read the supremo court opinion
handed down Thursday.
"We notice, . however, that tax
legislation of other states which
presented oven more evidence of
becoming Income tax statutes, have
been held to bo in reality property
tax statutes. Concern was - ex
pressed in the briefs lest our pre
vious decision was intended to
overrule ' tho Standard ' Lumber
company vs. pierce." No such
thought was in our minds. Quito
to the contrary wo referred to that
decision with approval.
"We believe that a very sub
stantial difference exists between
tha nature of a tax which takes
from Interest, before it has be
come mingled with other items of
income, a portion thereof, and an
other tax which lumps Into one
sum, and takes a part of it only
after net Income has been deter
mined by tho subtraction of many
allowance. Tho former ia the
situation before us.
"In our present situation we are
confronted with" three, the two ad
ditional , acts whieh- afford on
denco of the nature of tho third.
One of theso three obviously la an
income tax statute and makes no
pretentions to the contrary. An?
other expressly states that it Im
poses 'the excise' tax and defines
theso words as a levy upon, the
privilege of doing business in this
state in corporate form. This evi
dence, we feel. Is worthy of con
sideration In determining the na
ture of the remaining act."
"The1 suggestion has been made
that we should eonstrue the three
statutes as income tax statutes,
and having done so it will be ap
parent that no improper discrim
ination has been made between
the corporation and individual.
Until ; the petition for rehearing
was fifed the attorney general's
brief referred to the excise tax as
a statute which exacted a tax of
the corporation for : the privilege
of carrying on business In corpor
ate form. ' ;
"It is evident that oven though
we should hold the intangibles tax
Is an Income tax statute; still a
discriminated would exist be
tween tho individual and the cor
poration. Tho former would bo
taxed at the rate of S per cent
upon his gross income from in
tangibles and would also be sub
ject to a further tax upon his net
income from all sources levied by
chapter 448, tho state Income tax
law. Tho corporation would
escape both of these taxes and bo
subject only to the excise tax.
Salem High is
Debate Winner
Salem high school won its third
straight debate victory of the
season at Stayton last night, get
ting the long end of a 2 to 1 de
cision. Clarity, of presentation
and excellence of the rebuttal
won tho contest for tho Salem
team, composed of Harold Prultt
and Robert Read, according to
tho Judges' explanation of the
vote.
Relief Planned
At Betty Mine
LINTON, Ind., Jan. 29. (AP)
Rehabitation of bereaved fam
ilies of theL29 victims of yester
day's explosion at tho Littlo Betty
mine was begun today. Governor
Harry G. Leslie pledged $1000 for
his state emergency fund.
Rescue crews brought tho last
bodies from tho mine shortly be
fore the governor's arrival here.
Has New Theory
About the Sun
ALBERT , EINSTEIN
surrs poles cold
EIIH SUGGESTS
Accompanies 1 Astronomers
On Trip to View Solar
Spots' Workings
By WALTER . CLAUSEN
MOUNT WILSON OBSERVA
TORY. Jan. 29 (AP) Albert
Einstein peeked at the gigantic
evclones in the aun'a atmosphere
today and gave astronomers a fas
cinating problem to wor inpon.
He suggested the sun-might be
relatively like the earth and that
its north and south poles perhaps
are considerably cooler regions In
relation to its eouator. i r-
He thus ventured a theory giv
ing promise, astronomers say, 01
solving some of tne mysienes
about the sun spots.
The visit of the world's greatest
Dhvslcist to ! the world's greatest
astronomical laboratory was the
most momentous event in the Ein
stein sojourn in California.
Noted Scientist
Tnrlnded in Party
The small group that gathered
today InJtne monastery or tne
Carnegie institution 01 wasning
ton's observatory station Includ
ed: Dr. Walter S. Adams, director,
and Dr. Edwin P. Hubble, two of
tho world's foremost astrono-
Lmers; Dr. William Wallace Camp
bell, and Dr. Cbanes JS. bu jonn.
astronomers of Lick observatory;
Arthur i 8. King, astrophysicist;
Alfred H. Joy. observer, and Fer
dinand EUerman. photographer of
the observatory staff.
Accompanying Dr. Einstein was
his scientific collaborator and
companion. Dr. Walther Mayer,
of Berlin. ( - '
Astronomers Adams, Hubble,
Campbell and St. John were an
thors of astronomical " proofs of
Einstein's general theory of rela
tivity. .
f Today's observations were at
the 05-foot solar tower, in which
Einstein was enabled to seek ef
fects of the magnetic field of sun
spots. These spots are known to
be cyclones in the solar atmos
phere. Einstein was intensely In
terested. In fact he had been
studying these effects for weeks.
since Dr. St. John of the Mount
Wilson staff discussed them with
him at .the Pasadena laboratory.
Chicken Case
Not Decided;
Is Expensive
After the five men. and seven
women serving on the Jury In the
case of state vs. Bert Hockett and
Glenn Wltham, charged with theft
of chickens, had failed to reach
an agreement after six hours de
liberation. Circuit Judge L. H.
MeMahan ' discharged the ' jury
about 10:30 o'clock last night. A
new trial will result. - i
The ease had occupied i three
days' in Judge McMahan'a' court.
District Attorney, John Carson
bandied the prosecution. Hockett
and Wltham were charged with
stealing ehlckens from ' Charles
Whitney of West Woodburn, but
contended tor defense that they
had permission . to take - tho 40
chickens, 21 of which were re
turned to Whitney after tho state
started Us prosecution.
The Jury is said to have stood
eight for aqulttal and four for
conviction when Its labors were
halted last, night.- , .
This case has run up more jury
fees and witness fees than any
tried in court here tor some time.
Tho defendant called seven wit
nesses and the state three, their
fees totaling $ 9 7.7 0. Witnesses
were: . Charles Hockett, Bert
Hockett, sr., Mrs. Bert Hockett,
Sr., Elvin Wltham, George Wlth
am, William McKlnney, Leona
McKlnney, W. C. Miller, Elmer
Aline, Charles Whitney and Ro
bert Hall. " - - -
Twenty-one Jurors were called
the first day, and 12 for the next
two days, making considerable ex
pense on this item, with tho $3 a
day paid to each juror.
BERGDOLL MISSING
WEINBERG, Germany, an. 29.
(AP) Grorer, Cleveland
Bergdoll la missing again. The
wealthy i draft dodger who lived
here after the World war, baa
not been seen In. this town for
nine months.
IE
ID BE SETTLED
Governor may yet Appoint
But Solons' Approval
Would be Appended
Pre-Agreement on men one
Other , Probability it
i Program Approved
By SHELDON P. SACKETT t
' -A compromise: between the
Multnomah ' delegation and Gov
ernor' Meier regarding the selec
tion of Port of Portland eommis--cloners.
appeared likely yester
day; although the settlement Is
still In the balance "and some
loose" ends not yet pulled in may
wreck the plan. , : j , 1 ,j
If the proposed compromise,
which is In accord with the gov
ernor's wishes. Is raitfied ! by the
majority of tho delegation, Meier
would appoint the four port com
missioners to be named this year,
subject to confirmation 1 of the
house and senate. As a part of
the bargain, Meier j would Indi
cate to the delegation tho four
men ho would name and tacit
agreement would be made before
the compromise was enacted. The
compromise also calls for the
additional7 appointment of the
commissioners lln future years,
subject to confirmation by the
legislature. 1 f
Not only have j the general
phases of the compromise; been
agreed upon, but the list of com
missioners last. -night had! nar
rowed down to five. Governor
Meier and leaders of the delega
tion had tentatively , agreed to
Kenneth Dawson and Harry Cor
bett, while Rufus Holman was
considered a BureVgo as the third
member. Hillman Lueddemann
of the. McCormlck Steamship
lines in Portland was held .1 the
most' likely nominee for the
fourth Job although a numbet of
the Multnomah delegation said
they, were standing pat for the
appointment of Amedee Smit
Governor's Claim
Of Victory Empty
On the surface of the set
meat. Governor Meier can claim
the victory but it will be a victory
in name alone. Unable to force the
appointment measure through
the house, and with 18 votes said
to be lined up for the elective
measure for commissioners, in
the senate. Governor Meier has
been hard-pressed to work out
of a bad political bog. i
Now he can declare that he has
won the appointment of the com
missionera. But before he makes
these appointments, it1 must be
remembered, the Multnomah del
egation, whose vote will . nn-t
doubtedly control the house and
senate, must agree that the ap
pointments be satisfactory.
- Several members of the Mult
nomah delegation were very pos
itive last night In their state
ments thafthey would not switch
front tho elective method of se
lecting commissioners, for. which
they voted in the bouse Tuesday,
to the appointive method, until
they had unequivocal proof that
the I men the governor agreed
upon with the delegation, would
be named. The delegation mem
bers; who fought -the Meier pro
posal, repeatedly asserted that
they would be willing to help the
governor out of a bad situation.
only if he would reverse his for
mer avowals of recrimination on
eertaln port commissioner, mem
bers. One of these is Kenneth
Dawson. The first of this year
Meier made no secret of the fact,
to his advisors, that Dawson was ;
slated for the discard. Yester
day Dawson's name led all the
rest for there was no other way
out of the entanglement for the
executive..-. .v-;-n--'.. .
Name of nolman 7
Doesn't Please
The appointment of Rufus Hol
man to the port commission does
noti ipiease an tne Multnomah
(Turn to page 2, col. 4)
Experiment
I Cherries'
The Stols and McNary farm.
on which is the home of United
States Senator Charles L. Mc-
H-Nary,. the other member of the
firm being Walter T. Stolr, has
become partly an experimental
station for the United States de
partment of agriculture, and for
the benefit of -Oregon fruit and
nut growers, without cost to the
government or the farmers ex
cepting Senator McNary and Mr.
Stols. i '':-c -'
The newest experiment being
undertaken is with small Italian
cherries, for the maraschino
trade.! The maraschino manufac
turers! of ' the Atlantic seaboard
are bitter in their complaints
against the high tariff on cher
ries in barrels, in brine, a large
annual - tonnage of which ? they
have been shipping from Italy.
Now it is proposed ' to grow
their Supply here in the Willam
ette valley. Sol one of Uncle
Sam's! consular agents in Italy,
under the direction of the U. S.
denartment of arricnltnre. la
having shipped to the Stols and
McNary farm a supply of trees
PORT
SQIBB
FORECAST
-1
uross-otate
Line Ruling
Favors Road
PORTLAND, Ore., Jan. 29.
(AP) ' Railroads : may not be
compelled to construct new. lines
in territory . they ' do not profess
to serve, said a federal court de
cision handed down here today,'
enjoining the interstate " com
merce commission from enforc
ing its order that the Oregon
Washington Railroad and Navi
gation company build j a cross
state line from Crane to Cres
cent in central Oregon. j
The decision, prepared by
United States Circuit Justice
Rudkin and handed down by
Federal. Judge John Hi McNary,
held that the O-W. R. & N. does
not profess to serve the territory
through . which, the proposed line
would pass.:,-''". .... j-
The provision of the act "au
thorising the committee to re
quire carriers "" to textend their
lines Is unconstitutional and void
"if It must be construed as
broadly and liberally; as was
done by the commission," when
it Issued its order in December,
1929, the decision said.
The decision came sooner than
had been expected. It I was only
last Thursday that U. S. Circuit
Justice Rudkin, Circuit Justice
Wilbur and Judge McNary heard
the arguments of, opposing at
torneys. The ease had been
heard twice before but in each
ease (one of the judges died
shortly after tho hearing.
E
N WRECKED PLANE
Conflicting Reports Come
From Spot Where Ship
Crashed in Storm
PORTLAND, Ore., Jan. 29
(AP) Conflicting reports ' con
cerning the finding of Walter E.
Case, Varney air pilot, dead in his
wrecked plane on Bluff mountain
near Washougal, Wash.,! were re
ceived here tonight. Varney offi
cials said they had no official re
port. -1 1 ; i, . i f I ... :
.. Attempts to verify, the 'stories
allegedly told by Don Mitchell
and Joe TJlewltx, both of Camas
that they had been at Bluff
mountain and had been told by
a post office Inspector that Case's
body had been removed from the
plane were futile.
A second report from Washou
gal, however, said tonight that
Floyd Aslln, Roy Brown, Ray
Fitzgerald and Elmore Baldwin
had visited the plane today and
had returned with the report Case
was dead in his plane. The plane
was badly wrecked, they said,
u) mi ins
DELEGATIOri HELP
- The Multnomah ; delegation
from both houses, with only Sen
ator -crawrord dissenting, agreed
yesterday to submit a bill pro
viding pensions for firemen and
policemen In Portland, the mon
ey to be .taken from taxes on In
surance premiums invoked by
the state of Oregon. The bill
has been amended to make the
act effective July 1, 1923. In
stead of July 1, 1931, as it was
first drafted. ! .
Senator Crawford wanted ' the
matter deferred jantil the 1933
session of the legislature. He
said the present "critical condi
tlon of the state's! finances" with
a deficit of front 83,000.000 to
$4,000,000 exlstlnr in the treas
ury, made such aa appropriation
of funds to a new purpose, un
wise. . .
The delegation also approved
the proposed 4 constitutional
amendment to empower the
Portland school. district to
change the tax base of the dis
trict to forestall special elec
tions by the people each year.
in Italian
Planned Here
and wood tor grafUng, ! to be
planted and used here, i There
will be ten varieties, and the
shipment will be here In March.
There will be enough for sev
eral other farmers, and Mr.
Stols would like to get in touch
with such growers as will give
the experiments good attention.
The Idea is to spread the area;
as the experiment is for the good
of all Oregon. By 1933, there
should be enough cherries of the
Italian varieties grown on the
trees grafted hero to give an
idea as to which ones will do the
best under local climatic and
soil conditions. .
The varieties to be selected
will be of a willowy and hardy
type, similar to sour cherry
trees. Prof. Reed chief pomol
oglst of the U. S. department of
agriculture. " is well acquainted
with Willamette valley condi
tions, and the experiment will
be under, his direction.
The Stols and McNary farm Is
making a number of. experiments
In other lines; in fruits and
(Turn to page 2, col. 4) '
01
n
.IIS Fill
Convicts Duncan and Flynrt
Climb Over Prison Wall
', After Dash From B oliej
House at 6:15 p. m- !
Weather Handicaps Poshes
In Search: Local man i$
Attacked, I Possibly Wcrl
Of Fugitives
Two? njen brlievcd to b ti
escaped convicts, knocked down
Otto Muellhaupt, local plnmbr,
when he went to iMvelKatef m
noise in his yard at liOO Che
meketa street, sometime afewr
the men's flight was reported.
They searched Muellhaupt bmt
obtained nothing, it was re
ported. v" !.-:-.....: . ; ...
. ' ; -f
Taking advantage of a dense
fog, two long-term prisoners, Leo
Duncan! and Dan Flynn, escaped
irom the state penitentiary here
last night at 6:15 p.m. At mid
night they were still at liberty
ynder . the ' direction of Warden
Lewis, searching parties toad
been, organised, Portland ruAia
stations were ,-broadiastlng It bo
news up and down-the coast Ind
sheriffs and highway patrols
throughout the state had be a,
notified of the escape. )
The two men, each 26 years i
age, and termed by Warden Lew
is, as "bad boys' were regularly
employed In the prison botltf
house. When the new shift came
oh at 0 p.m. and before yard
guards bad come to take the men
to j the cell i house, , Duncan and
Flynn got into the flax mill. Hf-re
they broke "the lock on the store
room, where the ladder was kept
They' then turned off the, lights
In the flax mill, which are on
constantly under prison rules!
Fog is protection . j
From Guard's View
protected "by darkness and the
nnosually heavy fog, the men
dashed across the prison yard to
tower No. 2 located in the north
east corner of the yard. Hero
they scaled the wall with the help
of the ladder and made out across
the field between the penitentiary
and the state hospital. j
.Guards In towers in the back
of the prison, noticing the lights
go off, notified the prison head-'
quarters and within three mlnuteg
special guards were checking tie
walls but in the short Interval, the
escape had been made. No guard
are kept in tower No. 3 at! night
since It is remote from the cell
block and the lights In the yard
ordinarily permit a surrey of the
walls at this corner from the oth
er guard towers.
The prison break l&t night is
the first one since 1925 and Is
the first one uner the administra
tion t of Superintendent Henry
Meyers. Trusties outside ! the
walls of the prison have escaped
in this Interim but no men have
gained freedom over the wall.
Duncan,' who had been in pri
son here five years was serving
35 years from Douglas county an .
successive charges, the first one
being that of assaulting an orn
cer. He escaped from the Doug
las county jail before being sent
here. Flynn, sentenced to 13
years from Multnomah county for
assault with latent to rob while
armed with a dangerous weapon.
nad served three years.
Descriptions
Are Broadcast
Deputy Warden D. C. Hawiey
gave out the following description
of the two convicts at large: Leo
Duncan, prison number 925. 2$
years old,7 white, fair completion.
blue-gray eyes, light brown hair.
weight 155 pounds, height five
feet seven Inches, medium build:
Dan Flynn. number 10.090. 2f
years old, white, light complexion.
Diue eyes, biond hair, weight. 150
pounds, height five .feet nine and
one-half inches, medium build.;
S&aulding, Backs
Memorial Plan
For Champoeg
': v. , .
X bill introduced by Senators
Moser and Spauldlng authorize
the state of Oregon to appropri
ate $100,000 for the construc
tion of a permanent memorial
building at Champoeg. This ap
propriation is contingent upon
an allowance of 1125,000 by lh
federal government. . ,
The state of Oregon Would re
celre a credit! of. 125,000 fof
present improvements. I
. SEATTLE WI?TXEft J
PORTLAND, Ore.. Jan. 29.
(AP) Seattle climbed up tc
with Vancouver at the bead of
the Pacific coait hockey league
standings by defeating Portland,
2 to 0, here tonight.
-!
- f