m ' " . . - ' . - 1 1 , . 1 - SEUVICE . TOE WEATIIEH ' Clondj today and IYiJay, moderate tempera to re; SIjuc. - tmpertare Wednes day 47, Mia. SI, rlTer 1.4. south wtad. ! All Statesman carriers are I J Ic - & little merchants; f yom - uo patronizing one f la ' tout neighborhood ' when TOW take The Statesman, ! fOUMbji:0 1851 EIGHTIETH YEAR Salem, Oregon, Thursday Morning, February; 5, 1221 11 1 1 1 -1 A Ki i I i i i I I J I -I 3 V I I V f I J S .A EINSTEIN TELLS JEI'IER THEORY OF RELATIVITY Surprises Astronomers and "Other Listeners, With Announcement " r " Bases- Conclusion on Work Of Pair of American - Scientists f PASADENA, Cal.. Fb. 4 (AP) Albert -Einiteia 1 has - a ' new concert of cosmology. Th old Kins teinian universe Is a thins of the past, r A gasp of astonlsbmexit swept through the library of the Mount Wilson Carnegie - institution - of Washington . laboratory here to day when ; tbe Berlin professot with a few simple words made this revelation. World famous as tronomers present, saw J Lin his words a new field for research opened to them. "Regardless r of what field equations are 'used, space- never can be anything similar to the eld symmetrical spherical - space theory," the professor said .with a smile In closing an hour and a half talk on his new unified field theory.- - - With these -words ho swept aside his original concept of the universe, likewise that of De Sit ter, Dutch astronomer and friend Hubble nd Totman ' Do Experimenting i The new concept of the nni rerse hinges upon the" work of two great California scientists. Dr. Edwin p. Hubble, Mount Wil son astronomer, and Dr. Richard Chace Tolman, California Insti tute of technology physicist. It comes from the observations of Hubble and the calculations of Tolman. . Hubble Is perhaps the world's most advanced student of the Is land universes . of distant Neb ulae. Tolman, his friend, has used Hobble's observations for the basis of his theory of an ever-expanding, non-static uni verse. In which; matter la con stantly heiqaiverted into en- That concept Is . popularly known, as the universe running down. - - -. Einstein, speaking in German, to a select group of astronomers and physicists, unfolded the de velopment of his unified field -theory. He told how the founda tion of the general principle of relativity was unsatisfactory and required further; development. The equations were generalised to find a solution for the struc ture of space. This resulted In the unified field theory whose equations ac counted -for the phenomena of electro-magnetism as well as gravitation. An equation of dis tant parallelism of two infinitely small spaces worked out the so lution insofar as weak "fields of gravitation and electro-magnetism were concerned, he said. . EC S PLYMOUTH, England.! Feb. 4. (AP) A giant seaplane of the royal air force carrying 112 men on tiring practice, plunged into the waves of Batten bay today with a loss of nine lives and Injur ies of. two. One man escaped un hurt.;. . . ' - .-- - .-V The surface of -the smooth bay, which was as a mirror, apparently caused the pilot to misjudge his distance above the water! in land ing, the craft dived full tilt into the water and . before it could lev el out disappeared below the sur face. ' ' 'I ! ' A loud explosion was heard a the plane struck with; terrific force.' It brought small j craft in the nearby waters to the rescue, but the plane was overtnrned-and only the pontoons were visible. , All except four of those in the plane were trapped in the sab . merged body. Divers were sent down to recover the bodies of the missing, among whom was Wing Commander C. . O. Tucker, who had a splendid war record. General Strike In Havana Ends . Short of Goal HAVANA Feb. 4 (APT Havana's so-called general strike which began lait night termin ated this evening without' having made much headway toward Its announced goal, .the restoration of old scale prices in Cuban fish markets. : . . It did serve the purpose, how ever, of a protest against the re cent congressional action author lxing President Machado to sus pend constitutional guarantees Indefinitely. ' . f nrrws to death LANDER. Wyo., Feb. 4. (API Flam from a eampflre near which he was sleeping spread to the clothing of Buster : Skinner, .24, Araphoe Indian, today, and a was burned to deaths v S School Bus Repeal i Bone of Contention I As Hear ing is Held Cost and Mounting Taxes Arrayed on one Side : ; Against Convenience and Opportunity 3 1 : : tl 1 For Rural Child's Education i ; i 1 i Conflictinir ODinions on 6f the 1929 legislature providing- free transportatiori forJ nign scnooi siuaenta were expressed at the public hearing; held Wednesday night before theloint education commit tees of the house and senate. Taxpayers from up-state were heard on the subject, many of them favoring the bill while- others emphasized s theO need for continuance of the act; ; While the discussion of, the tuition measure was under ' way la the house chamber, the ) pro posed department of agriculture was the subject of a session In the senate chamber. The new department as a whole received favorable comment, with differ ences expressed only en i the operation features of : the i act. The measure introduced in the senate would create one jdepart men to perform the duties of the various branches now working separately on different agricul tural ! operations. . ' Proponents of the repeal of the school transportation i law stated that In the five hundred bills 'Introduced in the Iegisla-. ture so far this session, that by Representative Arthur McPhil lips was the only one which would result In a saving to tax payers. McPhillips, in opening the argument said the- state, had gone "hog wild" . regarding! the public school system, and it was time the taxpayers put a stop to School "commercialism, duplica tion. Immense building programs and Increased bonded indebted ness". " The wide- difference In per capita . costs of x transporta tion, ranging from $40 year to 300f in more sparsely settled points, was pointed eut. ; j, C Opponents to the repeal, led by Representative -Morton Tomp kins, i emphasised the. element of safety for students under ! the present system of transportation, as well as the inability of many students to attend , school If transportation were not; provid ed. He declared there was a general sentiment for' continua tion of the law. ; i promise:upo;1: relief is soh WASHINGTON, Febj 5. -(AP) Delicate , compromise : maneu vers were moving forward on Cap itol Hill tonight seeking to dis solve the deadlock on relief leg islation, fv ;:-. i .-f-. L-: j j The possibility of an! extra ses sion of the new congress in the spring. 1 which both republican and democratic leaders profess to desire to avoid, is forcing the ne gotiations. , . . i. i t President ; Hoover and the re sponsible leaders of all factions on either side of the capitol spent the day discuss Jng the problem. Despite the gloom of the sen ate republican leaders, Watson, of Indiana, and McNary, of Oregon, as they left a breakfast conference this morning at the White House, there were prophecies tonight of an early solution. -i i S , I i A 115,000,000 addition to the 445,000.000 drought relief ap propriation already voted by con gress is the basis of the. negotia tions. . : ! Man Pronounced Dead - Revived With Adrenalin : . ' - 1 j -t r . KANSAS CITY. Feb. 4. (AP) old Kalamazoo, Mich.,' merchant. was 4 revived by appiicauon or, mndm nrfnf after - he an oar- ently had died on the 'operating table in a nospuai nere night. ' i i: Adrenalin was Injected Into the heart muscles. After a few minutes heart action j was re stored, the physicians said, color rinnnA to the' natlent's face and the surgeon proceeded with the operation. ) ' Mr. Hershfleld suffers from chronic heart disease, his physi cian said, "r .W '''"' ' ! EARTHQUAKE FELT . ALBUQUERQUE, N.i Feb. 4. (AP) A sharp earth tremor was felt here tonight at 1 : 1 p. m. No damage was reported. .j .: : The Legislative Cdendcr SENATE TESTERD A Y Bill prohibiting 4 uie of butter substitutes In state Institutions carried, : Extensive hearing- held la morning on hydro-electrie. power bill. Colonel A. E. Clark representing, ; the ad ministration. ; ' State highway commission met at night to consider pending : legislation, i - ' SENATE TODAY ' , - -. f i Third reading seaate bills I, SO, 102. 123. 124. 145, 119. 115, 111. 171. 173. Third reading; house bills T, 25. - . . the house hfll rrPAli no nn -f FEDERAL COK OF POWER IS HIT Clark Explains Bill f. Which Creates Commission to t . i Handle Permits The entire question lot state control of power development hinges around the j question - of state or national government sov ereignty, Colonel Ar; E. Clark, spokesman for the Meier hydro electric bill in the sene, pointed out in an extensive hearing; held In that. body yesterday morning. Clark-'pointed out clearly that the state can do little until the federal government-is forced to or willing to relinquish Its pres ent control of 90 per cent of the undeveloped power In the state.' A number of representatives of the utilities attended the meeting- - -'a! 1 '' -s -f , ' It the state goes on the as sumption it cannot - use federal power waters or is not willing to assert its right In taking over control, then there Is no use in setting up elaborate machinery for the operation of power con trol In the remaining , ten ' per cent, Clark, stated. ' I k Clark, in explaining the meas ure Introduced . in : the senate, stated the proposal was . the pro gram of ; Governor ; "Julius L. Meier, and he was speaking for hinx and not for the drafters. The bill would create a power com mission, composed of the f state engineer and two appointed men. He said the bill provides for ap plicants to obtain temporary per mits for appropriating water for power use. and that such projects will eventually be amortized into ownership ; by the state, i Licenses for use of water are limited' to 60 years, and that the net invest ment of the projects will be the basis for fair return. . Tbe question is not new. Clark stated. In 1915 western states protested control by the federal government, under the then pro posed ' power act, of waters in government domain. Leaders in Oregon at that 'time declared the federal power act .an unfair measure. The bill now before the state legislature In some respects conflicts with this . power act, Clark stated, but he believes it time for the state to assert itself on a program and fight it out. ' IN I1A AFFAIR BOMBAY, India, Feb.; 4. (AP) Police " are prepared ... for trouble tomorrow afternoon, . for the congress party vorking com mittee annojmCedtoday that its president And members of the war council intend to make salt at that time In the great Maiden Square. ; - :r-:;i. It is the first act in the con tinuance of the campaign of civil disobedience announced by Ma hatma Gandhi upon his 'release from prison. Salt making! is di rect defiance of the law. Gandhi himself, ." addressing 10.000 of his followers at Alla habad today, told them - It was written in heaven ; that India's campaign for complete indepen- Aenrn la to succeed. i WHITMAN WINS AGAIN WALLA WALLA, Wash.. Feb. 4 (AP) Whitman made a clean sweep of the two-game basketball series with Pacific university. For est Orove.' Ore..' by taking to night's Northwest conference con test, 51 to J 8. 4, . HOUSE XESTERDATr i : Memorial introduced ask ing lease or sale of 1,000,160 acres of federal forest land to provide, funds for new -state bandings. u - Pnblle hearing1 held I at , night on proposed repeal ot ' ' bus transportation for -the ; , SChOOlS. - : ' - v : State banking code pro posed changes discussed In hearing in afternoon. HOrSE TODAY -Third reading house bills 55, 54. IT, 59, 59. 99. 102, 111, 11 J, 134, 147. 154. 159, : 110. . .r'"J ' ' Third reading senate bills 34. 35, 34, 42. FEARED R SH1E0 HORROR IS Weakened Buildings Topple At new Quake; Dead May. Total 1000 H Work of Rescue is Rushed ' By Red Cross, Other f . j Relief Agencies . NAPIER, New Zealand, Feb. 5 (Thursday) (AP) While Red Cross officials tonight count ed the dead In Tuesday's . earth quakes at considerably more than ljoOO, new shocks were felt 1 in this region and' heightened the alarm of those who survived the earlier quakes. 1 The fresh tremors crumpled many buildings which had been weakened by the first shocks and increased the likelihood of fresh fires joining those now raging in the streets of this once beautiful seaport.'; " 7 " :- " :" NAPIER. New Zealand, Feb. 5 (Thursday) . (AP) The bodies of fifty-seven victims, kill ed when .Tuesday's earthquake virtually wiped this bustling sea port from the map, had been identified today, while more than 1,000 injured, several hundred of them In a critical condition, had been treated. No official estimate of the num ber o dead had yet been attempt ed, but popular belief and the un official estimates of relief work ers placed it at more than 500 and possibly as many as 1,000 for Napier, Hastings and other, towns of Hawkes bay province. All efforts -were spent today In aiding the Injured, searching the ruins for still living victims and preparing for a general evacua tion of the city before disease can follow disaster. - Hi TO BUTLER : WASHINGTON,- Feb. 4 "(AP) A series of charges described ar "severe" rested tonight In the hands of Major General Smedley D. Butler, but the responsibility for their publication immediate ly was passed by him back to the navy department whence they came. - - - " , Despite this indication that of ficials had not softened their atti tude toward his now celebrated reference to 'premier MussoVnl the marine general was said by Major Henry Leonard, his coun sel, to have returned to his self confinement at Quantico, Va., wirh his -morale still high." Earlier, Butler and Leonard proved they had lost none ot the resourcefulness that character ized their days as brother marine officers by eluding Washington correspondents for hours. They spent virtually the entire day se cretly preparing the' defense to be presented at the court martial In Philadelphia February 18. Secretary Adams, who late to day approved the ; chargest and specifications ' against - General Butler, said tonight they certain ly would not be. made public im mediately, adding I guess we'll have to talk it ever tomorrow." - PRISOfJ GOODS BATJ -" WASHINGTON, Feb. 4. (AP) The conclusion that additional legislation was needed immediate ly to prevent Importation of con vict labor products from Russia was -reached at a conference to day ot treasury officials and a house delegation. ? ; The present tariff law 1 was deemed insufficient to prevent the importation of enforced labor products. Legislation similar to the Kendall bill with reenf6rclng amendments, was considered nec essary to protect the; domestle lumber, petroleum and wheat in dustries. r.-..v:.-; ; Ting Auto and ' Tricycle Crash PALO ALTO. Cel.. Feb. i (AP) Palo Alto recorded Its first midget automobile accident today. One of the dimonitlve ma chines, driven by K. R. HensheL collided with Andred Offenhlser, 3, whd was -operating a tricycle. None was injured, the report to police saidV but the machines were .considerably damaged. Gang Saw Goes In Ford Museum ASHLAND, WlsW Feb. 4. (AP) Henry Ford has purchased aa old gang saw from the Rust Owens Lumber company at Drnm mond, to be placed In his Dear born museum. It .was announced by the lumber .company here to day, . - , - AUGMENTED H RE WLEV WORKS Her "Penny" to -Aid Distressed Little five-year-old Rosemary Kn risse, of Webster, N. Y. be . Ueves in doing; hcrpart to alle- Tiate distress, fehe sent 1 her . mite to President Hoover, with ; a request that the nation chief would use ber whue penny to bay ' Some bueed, i -Hk and candy for the Uttle . poj s and girls who are hungry. HEBE IT FILLED Local Director Renews her Appeal; Attitude of Leaders Outlined More monies are needed from Salem people to fill the quota of this section for the relief funds sought by the Red Cross to help In the drought-stricken areas.; Funds are coming in slowly here, says Miss Thora Boesen, In charge of the local Red Cross headquar ters in the. First National bank building. All funds should be tak en or: sent to the headquarters here. . ( ! i A statement from John Barton Payne, national executive chair man of the Red Cross, ha made the following statement on policy of the Red Cross with reference to proposed administering of con gressional relief appropriation: . I i 'No - thoughtful member h; or friend of the Red Cross will he deceived by the charge made in the senate that In refusing to ad minister a 25-mlllion dollar gen eral relief fund proposes to be voted by congress the Red Cross Is playing politics. . r 'f t Seeking to Keep ';. ; 1 .A Out of Politics i 1 : "On the contrary, the Red Cross has, after the most careful conr sideration determined that L the (Turn to page "2. cot. 3) tPA awrvaTOV - Feh. 4 -AP). -r-Owen D. Young, chairman of the board of the General Electric eompany, urged tne nouse ways and means committee today to enact legislation for new loans to need veterans at a cost or as mueh as 1500.000,000.' U l : mntghw immediate ! "redemp tion , of 13.500,000,000 of world war adjusted compensation cer tificates payable in 1S4B. i 'L : Tnunr drew frank sraiso from a republican of the committee Crowther of N York. !-i..H'.'i -i You are the second witness before - this committee to Show a tin re of haman . sympathy. Crowther told him. ! congratu late yon." i - .!- ;l ' ' The other witness Crowther re ferred to was Rome C. Stephen son, nf Indiana, president of the American Bankers' , association,' ed plans , for Advancing cash on certificates could be carried i out who said that one ot two suagest- "without serious injury to busi ness." Crazed Partner Sniifis 4 Lives . , .' . ... j . i .. h SEATTLE.' 1 Feb. 4 (AP) Momentarily icrased by separa tion from hi famUy, .William Averne Clarke; 24 year eld Kent farmer, shot and killed his wife, Ellen, 22. his daughter - Gloria. three, his brother-in-law. Jack Anthony,. 41, and then eaded his own life here today. The. shoot ings occurred! at Anthony's home. where Mrs. Clark and her famuy lived. ' Klamath Row to -Be Arbitrated J ' . . . ' : .. I i ' ' - ' aMMMMaM ! ' KLAMATH FALLS, Ore., Feb. 4 (AP) Arbitration ef all dif ferences between the Klamath Ir rigation district and the California-Oregon power- company .was assured In an agreement reached today between Irrigation district directors, and officers of the pow er company ; -ww. BED CROSS QUOTA YOUiJG flAS PLAN to aid ins OF ILLEGAL TAXES Matter Is' Brought . Before Ways-Means Committee At fiight Session Citizens Counsel Refund as Good Business; Eddy .Suggests Method .rA demand that the Intangibles tax collected for 1929 be refunded to the men who paid it was. made tonight when a group of promin ent Oregon men attended ' the, ways and means committee meet ing and held this was the only fair thing to do after the state supreme court ' had held the act unconstitutional. . Representative Allan Bynon, In opening the presentation, declared that a bill already had been in-. troduced In the legislature auth orising, and directing an appro priation so that the refund might be made. He said the bill carried an appropriation of - 3894.000, which was the amount of money collected under the unconstitu tional act. ' k "There has been a general be lief throughout the state," 'de clared Bynon "that these -tax payments would be refunded in the same good faith that they were collected. Justification of the refund is two fold. " In the first place the state has no moral right to ; retain this money, and secondly, it would be good busi ness to return it. This is merely a business proposition." Claims Issue Is y ' One of Honesty Chris Bell, speaking for the Portland : chamber ot commerce, stressed the point that the ques tion was not a legal one, but of every-day honesty. "When - this tax was collected." said Mr. Bell, "I advised my friendf that there was no legal right of recovery. Notwithstanding this, however, I advised my clients to pay the tax in the belief that the legislature ,(Turn to page 2, col. 1) . or w EPITHET ' WASHINGTON, Feb. 4 (AP) A dispute between a senator and two representatives : spilled over the barriers of congression al rules today and reached the stage of a one-sided duel by tele phone and the Issuance of a pub lic challenge. - Representative' Cram ton, ; re publican, Michigan, hung up on Senator Caraway, democrat, Ar kansas when the latter called him by telephone to Invite him to repeat face to face his refer ence to Caraway as a '-plain, un adulterated liar' - which was made on the house floor yester day. 'T-r- . . : Cramton's comment about . the telephone exchange was a laugh and a statement that Caraway had called him several times and that when he "shut him off he heard something that sounded like "fiery eussln words'.,, Later, Caraway" on the senate floor issued a standing challenge to Cramton and to Representative Treadway, republican, Mass., to tell him face to face what they had said v yesterday In the house in answer j to Caraway's' attack upon them for their opposition to the 25,O00,000 Red Cross re lief fund. . - . Houses Carried To Sea; $torm Hits Sunny Cal LOS ANGELES. Feb. 4 (AP) High wares and ground swells, accompanying a rainstorm which Is sweeping southern California, pounded the beaches today, car rying two houses out to sea and threatening more than a hundred others. " ,'t -' A Sea Scout ship at Long Beach was damaged beyond further use. Earth slides on the Roosevelt highway, which follows the coast line, made travel over it danger ous.. The rainfall In the storm has ranged from .32 at Bakersfleld to 4.8 f inches at Van Nays. . Engineer : on Postoffice;Job " CORVALUS. Ore., Feb. 4. (AP) P. A. Kelm, Chicago, su- tterrlslnr enrineer In charre of construction for the new Corval 11s post office, arrived here to day and will remain until the building Is completed. Rneciclfations . call for ' lime stone but Postmaster C. E. In- galls Is trying to get permission to hare Oregon granite used. V TONY PORTILLO WINS SEATTLE, Feb. 4 (AP) Tony Portillo, Seattle welter weight scored an easy victory over Tommy Jeff ers, Pe Ell. Wash., ne gro In a six round main event boxing; bout here today. - ETRO mm ROTH CABRIS0;i IS Woman who , Slew Vjfe of Her Lover Adiudged - v Sane. Also Safe! ; SEATTLE, Feb. ' 4 (AP) Ruth Garrison, SO, poison mur derer of Mrs. Douglas Storrs, wife of Miss Garrison's lover, was free here, tonight after 'a superior court Jury had adjudged her sane. She was granted her liberty as Boon aa the verdict; was read. Miss 'Garrison had been in the insane ward, of the state prison. ,. The jury voted unanimously to grant her freedom, only one bal lot being taken on each of three questions the jury had to an swer. A 10 to 2 vote would have freed her as it was a civil; action. The jury was out one hour and 25 minutes to reach the three fold verdict thatjshe is sane, that she is not likely to suffer ; any re turn of her insanity and that she is aafe person to be at large. -,' III ISII TRIAL WASHINGTON, Feb. 4 (AP) A cloud of witnesses descended on the Mount Vernon Place Meth odist church here today to testify before an ecclesiastical Investigat ing board regarding: charges against Bishop James Cannon, Jr., ot the Methodist' ' Episcopal church, south. . " i . George P. Adams, secretary and treasurer of the Blaekstone fe male institute at Blaekstone, Va.; of which Bishop Cannon was pre sident tor many, years, wajs the nrsi witness. --r The church again was locked and guarded. A uniformed po liceman paraded around the edi fice at regular Intervals and a ser geant . of . police rode around the block every 45: minutes. A plain clothes man - guarded the door through which the wit nesses entered. . -, , Shortly after - Adams ! entered the church Fred Morgan,; a-Rlch-mond. detective, accompanied by a Mr. Thomas, who claimed he was a lawyer from Richmond,, went In. They left before Adams. TO EMU'S THEORY CLEVELAND, O., Feb. 4. (AP) New ammunition to fire at Dr. Albert E. Einstein's spe cial theory of relativity ; is being prepared here by Dr. Dayton C. Miller, head of the department of physics at Case school of ap plied science and a principal op ponent of the special theory. ! Dr. Miller said today he hopes to present his findings at the an nual meeting of the national academy , of science In Washing ton next April. , . ' ' l ; His findings will be the result of a -more .elaborate set of ob servations of the drift of the earth through the hypothetical ether, toward the constellation of the dragon in - the northern heavens at a rate of j approxi mately six miles a second. Yet to - be reconciled .with his findings, besides the special the orists who says there is mo ether drift, are the astronomers who with the rainbows of the spectro scope, with the star clusters and far away nebulae calculate the speed of the earth toward the dragon to be approximately 120 miles a second. -. I -r.. - . - .... ..... i REPEAL GAG LAW - j - , .- j ST. PAUL. Mlnn Feb. 4 (AP) The Minnesota house ot representatives today voted to re peal the Minnesota newspaper suppression law. The vote was f 8 to 53. RELEASED R JURY - ' - ' v.' -;- I :'- WITNESSES H M MIFF! TT - - DROUTH RELIEF FUND r SUBSCRIPTION American Red Ctossl , ; 50S First National Bank tils. - Salem, Oregon. : - Enclosed please find - to the lied Gross drouth relief fend. ' Slrned K' V"."' r Address. CI!? and fin State Highway Commiscicn Outlines Views ca , ! Situation Hero Mott Withdraw-i PLm After Members arc Conferred With . No legislation to place ,the North Santlam highway on the state highway map will be Intro duced In the present session of the legislature, the Marion coun ty delegation decided last nlxht after discussing the situation with the state highway commis sion in executive session at the capitoL ' - Representative Mottj leading the inquiry into the situation, was told by the state f highway commissioners that no! promise had been made by them to con tinue the diversion of; 3100,000 annually of forest funds to the Santlam route which Marion county favors. At the same time the commissioners did declare that they were favorable tv the completion of the highway aml indicated that, the 9100,000 ap propriation made this year, while not pledged for tbe futnre, might be continued from year to year. Placing on Map I Held No Benefit i The commissioners j strongly urged against the move to put the North Santlam route on tbe state highway map as a move which would actually retard the construction of the highway. They cited the South Santlam route, on the map for 13 years and as yet uncompleted, as an example, ot the hazards of set ting a road done even after it was formally placed on the state high way construction program. . The commissioners Indicated that they would feel duty bound, should the delegation succeed in putting the road on the map, to finish project (Turn to page 2, col. 5) WOilll TO ENTE;; :IIER PLEA TODAY . LA GRANDE, Ore., Feb. 4. (AP): Mrs. Emma Fowler, 60, former city treasurer who was ar rested for larceny of public funds after her accounts allegedly were found short 9112,000, is to enter her plea In circuit court here to morrow, the district attorney an nounced. - Sheriff Jesse Breshears an nounced today Mrs. Fowler was ready to enter a plea of guilty to the charges but just before she was to have appeared in court she changed her mind and said she would not plead until she had con sulted her attorney. ' Mrs. Fowler was arrested at Pendleton yesterday. Sh bad lost her position as city treasurer February 1 through consolidation of offices and was to have turn ed over her accounts yesterday. - When she was arrested she said the missing money was in a deposit box In her name at the United States National . bank, Portland, but bank officials there today denied ' any box had been rented to Mrs. Fowler, and said she had no funds on deposit. Meanwhile city officials said they could not determine the ex act status of the treasurer's ac counts until an audit had been completed. - Bennett Drafts Substitute for Tithing Measure Senator Bennett last nlshfe withdrew his tithing bill intro duced early in the day, and today will offer a substitute measure providing for a tax on all state departments, boards and cons mis sions equal to five per cent ct their receipts. This money would be credited to a so-called "deficit fund" la the state treasury department. and would be used In paying of the stata deficit now asrgrex&t lng more than $4,000,000. as ray contrifraticn ', ' out and mail