- J SERVICE We guarantee our THE WEATHER Unsettled with occasional rains today and Friday, continued cool; Max. Temp. Wednesday SI, Min. 36, river 2.3 feet, rain .11. Inch. "X 'I rler service. If your paper does not arrive by 6:80, rait 500 and a copy will be delivered at once. FOUlStDED 1831 EIGHTIETH YEAR Salem, Oregon, Thursday Morning, February 26,1 1931 No.2SS - n I's mm DAVIS ASSERTS NO PART TAKEN Of SUGAR RATE If he Is Senator Meant in Charges They're not True he States Gives no Reason for Belief He is Target; Urges Complete Probe WASHINGTON, Feb. 25 (AP) r Senator Davis of Pennsylvania went voluntarily before the sen ate lobby committee today to deny vigorously. If they were aimed at him, published charges that a sen ator had received $100,000 or more from a sugar company in terested la obtaining a high sugar tariff. He gave no reason for assum ing he was the senator Involved, The former secretary of labor was the only witness before the committee which was rejuvenated today to Inquire Into the reports. He called them "a contemtible lie" if aimed, at him. and said he had never lobbied for or against & sugar tariff or received money for doing so. Owns Stock in Ily-Produrts Firm Questioned by Chairman Cara way, Davis said he subscribed for $80,000 or $100,000 of stock in the Celotex company, which makes boards from sugar cane, but he did not even know wheth er the company wanted a high or low sugar tariff. The former cabinet officer, who was not in the senate when the tariff bill was up, said he had a business acquaintance with B. G, Dahlbert, president of the cteii pany, but had not discussed a sugar tariff with him. The Pennsylvania senator urg ed the committee to inquire fully Into the accusation "in behalf of the eitlxens of the state of Penn sylvania, our nation; my family and myself." - E CASE' RAHWAT, N. J., .Feb. 25. (AP) The queer story of Ira Jensan, odd Jobs man" who said he shook hands with a corpse when Invited to meet "the girl friend" one dark sight, was strengthened today by the identi fication of the nude body of a woman found In a Virginia thicket and by the arrest of Wil liam Fraser at Raleigh. N. C. The woman was Mrs. Phoebe Quick Strader, 32, former hair dresser and the "girl friend" of Jensan's ' story. Luxury-loving, she had tired of her drab life with an unemployed husband and when they were evicted from a commodiqns apartment, she announced she was "through for good." That-was on February 16. She was never seen again alive in Rah way. V When he was arrested, today at Raleigh authorities accused Fraser of killing the woman, driving about the country with her body and finally pitching It Into a woods near Bowling Green, Va., he denied the charges. The accused man, prominent in a small way In Rah way's civic affairs, two years ago Inherited $25,000 and promptly quit work. Recently, his money gone, he was forced to take a factory job. Calendars Still Cluttered With Scores of Bills Small chance that tho legisla ture would adjourn this weekend appeared late - yesterday when both the senate and the house ended their ; deliberations with 6cores of bills yet In committee and calendars loaded with unfin ished business. i' A grist of major legislation still confronted both houses. In cluded was the ' administration's state police bill, the question of licensing chain stores, the excise and Intangibles tax proposals, the Crawford-Bailey bill for grouping of state revenues, as well as -major appropriations bills just coming out of the ways and means committee. The calendar of the two hous es today contains over 100 bills.- Oregon Answer . Filed in Action Over Lake Beds i . . - - WASHINGTON. D. C, Feb. 25. (AP) I. H. Van Winkle, at torney general, on behalf of the state of Oregon, today filed an answer In the United Stales su preme court to a suit brought by the government palming title to the beds of Malheur, Harney and Mud lakes. The answer asked the court to set aside President Roosevelt's proclamation creating the Mal heur reservation and to prevent the united States from ever as serting claim to the land. STRANG MUHDER UNCOVERED Fired Upon b f? Political Foes 1 ' 1 Precautions for the safety of King Ziog I, 86-year-old selx-maue monarch of Albania, have been redoubled as police investiga ted an unsuccessful attempt against his life. The king's ad jntant received one of the twelve ballets Intended fop the monarch and was killed in stantly. : BILLBOARD ISSUE ffiGKHTS HEARD I - 1 Aldermen Hear Objections Of Outdoor Advertising Men to Undue Curbs Pros and cons of proposed ad ditional regulation and taxation for billboard operators In Salem were heard Wednesday night at the city hall when- Aldermen Ol son, Hughes and O'Hara sat as re presentatives of the council. Representatives of several bill board companies operating In the city all declared they were willing to abide by any reasonable' rules laid down by the council but 'each group protested against regula tion which would discriminate against their business. They pointed out that billboard advertising firms bad been lead ers in insisting on clean, attrac tive copy In their advertising as well as attractive boards on which the signs and advertising posters were displayed. ' Gregory Mentions Com plain til Heard Mayor Gregory, attending the meeting, said he felt billboards menaced the attractiveness of the city. He also expressed opposi tion to cigarette advertising and said many complaints had come to, him about this type of billboard display. Alderman O'Hara, - sitting In with Aldermen Olson and Hughes, members of the building regula tion committee, said after the meeting that his ordinance in creasing fees for billboard com panies from $50 to $500 annually, might be somewhat reduced in amount collected. In company with the two other councilmen. O'Hara said he felt the time had come when a uniform policy to billboards should be adopted by the council with provisions made that signs not be erected in too large groups, that the signs be set back a uniform 'distance from the sidewalks and that increased fees be received. Pioneer Takes His Own Life VANCOUVER. Wash.. Feb S (AP) 'James Stangler, 75, pioneer resident of Clarke coun ty, shot and killed himself with a rifle at his home about seven miles north of here today, the county coroner said. Stangles; was said to have been despondent over ill health. The Legislative Calendar - SENATE TODAY -Third reading, senate bills 333, 334, 335, 336. 338. 339. .104, 310, 309. 308, 285. 328, 337, 73. 128, 342. 322, 218, 222, 329, 243. 249, 203. 320. Third reading, house bills 120, 125. 99, 139. 317. 320. 204. 333, 43. 322, 323, 1C0, 301, 348, 35, 357, 358, 359. 360. 311. 362. 363. 364. 365, 366, 369, 376, 10, 150, 96. -276, 296, 307, 309, 334. 324, 335, 330, 103, 107. 337, 305. 215, 184, 115, 326. 273. 354. 35. 370. 146. 382. 383. 384, 385. 38S. 187. 393. 378. 379, 388, 390. Special ordert 10 a. m., senate bill 170, state police . bill. ; , Special order, 10:30a. m., : house bill 77, one-man pub lic service commission bill. HOUSE YESTERDAY Approved $75,000 -appropriation for new roof and . ' five sprinkling systems at t state penitentiary. Turned down 60-day pro bation period for Juvenile delinquents. - Approved new code for 'control; of small-loan busi nesses, f PORTLAND REDS HURL THREATS, DEMANDS 2500 March on City Hall, and Send Delegation Before Council L Indicted Communist : Says Group Ready to "Take Relief if Denied PORTLAND, Ore., Feb." 25. (AP) Twenty-five" hundred al leged communists and unemploy ed marched on the city hall here today and sent a delegation to the city council to present their demands. The delegation, which Included two women, asked the council to HIse $1,500,000 for relief, re ce the police force, give them free use of the auditorium, abol ish vagrancy laws and secure re lease of IS alleged communists under arrest for violation of the criminal syndicalism law. ; "If we don't get relief we will halve to go out and take it," Fred Walker, alleged communist or ganizer, told the council. Walker is under indictment for violation olj the criminal syndicalism law and at liberty under $2500 bail. Mayor George L. Baker advised Walker to "watch your step." One of the women, who said she granted work so she could feed her children, told the coun cil Walker and other communist leaders had mislead her and said she was in error in associating with communists. STATE POLICE IIP By special senate order, the Ed dy bill providing a state constabu lary to replace existing means ot handling game, fish, fire, prohibi tion and traffic law enforcement, will come up for debate at 10 a. m. this morning. The bill was carried over front yesterday when Senator Eddy started the fireworks with an ex tended plea that the measure be adopted, first, as one of state economy, and second, as a means of securing more efficent enforce ment of the laws of Oreson. . Senator Bailey moved that the bill be held np for a day, Indicat ing thereby that Governor Meier, who is a staunch supporter of the measure, wanted additional time to rally support for it. The bill came out of committee with four members adverse to Its passage and only Senator Eddy in favor of its approval. Substantial amendments have been made to the bill, allowing the fish and game commissions more power in the selection of members of the constabulary in an effort to placate these forces which have opposed thebill. Copco Request Is Delayed For Further Parley Decision on the special bill to enable the California-Oregon Pow er company to construct a power plant on the Klamath river was postponed until the house utili ties committee may confer 'with the state engineer and the attor ney general. A second hearing on the bill was held last night when Kenneth Harlan appeared in op position. He argued that the bill granted vested rights which were unwarranted. Senator Jay Upton In whose district the plant would be located, urged passage of the bill, so the plant could be built, labor employed and property put on the! tax roll. , The ! committee is expected - to meet today with the state offici als and decide what report to make on the bill. .HOUSE TODAY Third reading, house bills 381, 396, 397, 398, 399. 400, 01, 207, 341. 368, 107. Third reading, senate bills 187. 86. 123. 124, 135. 143. 176, 191, 194, 199, 225, 229. 239, 244. 256. 283, 288, 289, 290, 291, 292. 296; 301. 304. Senate Joint memorial 6. ' Special order, 3 p. m. senate bill .87. department of agriculture bill. SENATE YESTERDAY Held oyer consideration on state constabulary MIL . Approved Hall bill to sub stitute legislative members for state officials on emer- ; gency board. ' Approved giving of lien on personal property to apartment: house, owners4 whose tenants fail to pay. Gave state board board of ' control authorityjo contract j for electrical plant for state Institutions, i . ' :. ' IE III H T Forest Grove Calls Pastor ?jK&-9 WraS WCTtf".lfflWt z CHARL.ES E WARD is TO COLLEGE 11 May end six Year Service At First Congregational Church in Salem Rev. Charles E. Ward, pastor of the First Congregational church, told congregation members at the midweek service last night that he had received a call to the pastorate of the College Congre gational church at Forest Grove. He indicated that his resignation would be submitted to the church' membership at an early date, with request that It be accepted. News of Rev. Ward's call to the Pacific university town came as a surprise to the church mem bers, and the general sentiment was that the local church should not allow him to leave. It Is con sidered likely, however, that if the pastor would like to accept the call, the congregation, when the resignation is placed offi cially before that body, will re lease him here. Resigned -Once Jlut v. It Wasnt Accepted Rev. Ward, who will end six years work here in May and who is one of the oldest protestant ministers here In point of ser vice, resigned his charge here two years ago to lake up work as pastor-at-large for the state conference, but his membership would not accept the resignation. The Forest Grove pastorate has been vacant since the first of the year, but formal call to a new pastor was not voted until last Thursday night. In ease he goes to Forest Grove, Rev. Ward will be return ing to his college town and will go back as pastor to the first church he belonged to. Both' Mr. and Mrs. Ward attended Pacific university, and he also attended the old academy there. Upon finishing at Pacific. Rev. Ward went to Ohio to attend Ob erlln school of theology, and then served five years at Park church, Toledo, Ohio, and next a three years' pastorate at Ashtabula, Ohio. He came to Salem from Ashtabula nearly six years ago. , Active in Civic r Work Locally Rev. Ward has been active not only in ministerial circle here, but In the work of the Young Men's Christian association and the Lions club. He Is also a mem ber of the chamber of commerce. He served as president- of the Sa lem Ministerial association for two years, has been president of the Pacific university alumni for two years since his return to Oregon. Since his return to Oregon he has been moderator of the state conference of his church, and is now serving his fourth year on the state conference board of directors' and this year is serving his second, term as president of that board. Mrs. Ward has done much work In the church here, being organist of the church and also taking charge of the primary de partment of the Sunday school. The Wards have three children, all boys: Blllle, Donald and Charles. F,ull liame May Go in Records, Not 'Headlines DETROIT, Feb. 25. (AP) "What Js your name?" asked Ted Madden, federal naturalization examiner, of a prospective candi date for citizenship. "My nickname,", the candidate replied, "Is Vazll Ferencsik." "But your full name will have to gb Into the official records," Madden explained. "All right," Vazll said with a sigh. "My real name is Vazll Rasko . Ferarravoceinsmooeeuige armociccouL Jll spell it for you." SAMUEL HTLIi BETTER PORTLAND Ore., Feb. 25. -(AP) Samuel! HilL widely known railroad builder, continued to gain strength at a! hospital here to night. He has1 been critically 111 1 mm for more than! a week. VOTE FOR FIRE PROTECTION AT House Passes Appropriation Of $75,000 for ! Roof v Sprinkler Systern - - ' ' .Tl.' 1 Opposition Based on r Claim : Buiidingi W!I Have v To be Replaced . -' j r f . , Appropriation of $75i000-for a sew roof and a modern fire pre vention sprinkling system for the state penitentiary was approved by the house yesterday by 46 to 14 vote, opposition to the ap propriation came from members who thought it unwise to add any thing to the capital Investment In the institution which will eventu ally need to be replaced by a modern structure, f 1 , Supporters of the! bill claimed that the growing flax industry in creased the fire menace at the Institution and pointed out the un fair responsibility which would be placed on the board of control in case of a catastrophe. . The child welfare commission lost, by a 35 to 25 vote on the Lee bill which created a 60-day period of probation and investiga tion between the time children are found delinquent by a county judge and the day they are actu ally committed to an institution. Mrs. Lee led the fight for the passage of the bill, the discussion of the measure taking more than an hour., j j Loan Businesses 1 j I To be Regulated ! i Representative Bronatfgh Ted a successful house campaign for the passage of his bill which places the regulation j of small loan businesses In the state un der the supervision! of the state banking department.. Annual re ports from all licences as well as regular inspection are; required, misleading advertising f is prohi bited "and maximum' fees of three per cent a month on loans are al lowed, as recommended by the Russell Sage foundation which has investigated the small loan situation throughout the nation. The house passed .the antlytrustJ measure,, wnicn is a move 10 elim inate price discrimination; the resolution creating a crime com mission to study conditions in the, state, and the narcotics sale re striction. A move to reconsider the fish wheel provision in the Columbia river was expected to be made In the house.! while an the session Saturday night was other resolution seeking to end Introduced. . CHICAGO. Feb. ?5-4(AP) Al Capone, bulky and swarthy, leis urely leaned in a chair in federal court today and calmly listened to the government's case intend ed to show he was in contempt for failure to appear before a grand Jury in March,; .13:39. Jacob Grossman, an assistant district attorney, agued Capone's claim of Illness was untrue. Wit nesses supported his contentions regarding Capone's health, testi fying the gangster chief made an airplane trip t the Bahamas, a boat trip to Nassau! and attended the Jack Sharkey-Young Stribling boxing bout at Miami during the period of his claimed illness. Con tempt may carry a Jail sentence. Capone's trip to! court was a duplicate of previous visits to the federal building. Mounted police were in the streets surrounding the building; federal officers stood at elevator entrances and lined the corridor to Judge James A. Wilkerson's somber court room. i - v Generous Response Is Made to Appeal ' For Aid to Family A very generous response baa been made to the appeal for help for the B. J. Smith family, which was burned out last week. Otto H. Hunt, who discovered the fire, has since undertaken adminis tration of needed relief for the family, which consists of the parents and seven child ren. Through The States man an appeal ) was made for food, furnishings and clothing, to be left at either the Four Corners garage or the local Salvation Army. : The response was inune-, diate and supplies., of food-7 staffs! bedding, clothing, aa well as cooking utensils and stoves were donated. In ad dition, Mr. Hunt collected some money for the family, and employment; was prom ised the father. I The family Is residing la smaller buildings on the place, which is east of the. Four Corners garage on the penitentiary road.. Present needs are for dishes. a cook ing stove; also the loan of m sewing machine for making over clothing. Phone 66F21 at noon hour. Hiaher Educ FMlvRejofue Conimi ttee Annr Sixteen Members 1 of Ways and Means Group Vote for Appropriation of $1 ,23 1 , 1 73; Other Revenues Said Lower Sixteen of the 20 members of the joint way and means committee of the legislature Wednesday night voted to ap prove an appropriation of $1,231,173, as requested by the state board of higher education, for the support of the Uni versity of Oregon, Oregon State college and the three nor mal schools. , , . ' Senator Burke moved that thlsO entire appropriation he. eliminat ed, and that the institutions be compelled to operate under reve nues of I4.88S.300 derived from millage taxes and continuing ap propriations. . Voting for this motion were Senators Burke,- Spaulding, Strayer and sBwift. Upon defeat of this- motion Senator Burke moved that the state appropria tion be reduced 1500,000. Rep resentative Angell, presiding; ruled this motion out of order. The motion to allow the entire appropriation of $1,231,173, which. Includes a capital outlay expenditure of ; S 50,000 for the construction of a training school at the eastern Oregon State nor mal, was made by Senator Sta ples. Senator Strayer, In com menting upon the budget request of the higher board of education, declared that it was another case of a "champagne appetite and a beer Income." Shows Income of Schools . Decreased E. C. . Sammons of Portland, member of the board of higher education, , submitted .'- figures to the committee showing j that the (Turn to page 2, cal. 5) E SE NEW YORK, Feb. 25 (AP) Employes of the New York World 3000 of them their spokesman said raised a united protest in surrogate court today against sale td the Scripps-Howard interests of the newspaper oh which they earn their livelihood. , So Paul Block, publisher of sev en newspapers from Brooklyn to Los Angeles, made what he call ed "a better offer" than that of Roy Howard and his group and announced If the three Sons of Joseph Pulitzer would sell the New York World to him he would give the employes 45 days In which to buy it from him at the same terms. . ' . And Surrogate James A. Foley deferred until tomorrow morning or later his decision as to wheth er it is legally posible, under the rigid Pulitzer wllV for the -sons to dispose of the Morning, Eve ning and Sunday World. What began late yesterday as a perfunctory action to merge the World papers with the New York Telegram And supposedly to. unite all In one evening newspaper to be called the World-Telegram, be came today an Impassioned hear ing at which the men who work on the World pleaded for a chance to continue on a cooperative basis as a newspaper "with traditions worth ''preserving the traditions of Joseph Pulitzer." WASHINGTON. Feb. 25-(AP) The long-contested nomination of Eugene Meyer of New York to be governor of the federal re serve board was confirmed by the senate today, 72 to 11. The action came after two days discussion on tho floor in which only two opponents of confirma tion participated. They were Sen ators Brookbart of Iowa and Fra iler of North Dakota, both repub licans, who criticized financier's former activities In Wkll street and his servec on government boards. ) Friends of Meyer decided no defense was necessary and they made no speeches. i Only four republicans and sev en democrats voted against con firmation. Twenty-nine demo crats Joined 42 republicans and the one Farmer-Labor senator, Shlpstead, . Minnesota, for con firmation. Papa Popowicz Popped in Jail N For Popping Jr. .CHICAGO, Feb. 25 (AP) It all started when Pop Popowicz popped Popowicz, Jr., In the nose. "Don't spank my child,' shouted Mother Popowicz today, when her husband took son John upon hla knee, ' - "Ok" whereupon Pop laid aside bis razor strop and popped Junior square on the nose. "Police," ahouted Mother Pop owlcz an lo! the police soon ar rived and popped Pop Popowlcs In the JalL ML WOULD n WORLD SENATE CONFIRMS MEYER SELECTION at ion's st Given o SPECULATION RIFE Public Service Chief to be Named Early but Meier j Silent Upon Choice -With the senate virtually cer tain to approve the Lawrence bill providing, for abolishing of the public service commission and the Inauguration of a one man public service commissioner system; speculation Is beginning at the state house concerning the man to be named by the gov ernor. I x Included, among the men dis cussed are Kenneth Harlan, At torney Gross, Rufus Holman, Col. Alfred E. Clark, and L. A. Lilje QVist. . ' - Governor Meier has Indicated that as soon as the bill has been passed by the upper house end received his endorsement, he will proceed to effect the new organ ization, the present public serv ice being automatically abolished under the provisions of the new act. The senate this week added the emergency clause, presum ably ; at the suggestion of the governor who is anxious to get his new regulation system Into effect. . .Harlan, while mentioned, Is not considered seriously. He has made his name as a people's ad vocate and high-priced rate "ex pert" but he has also made en emies who would hamper his ef fectiveness on the commission er's Job. Gross is known as a clever, attorney who at least pos sesses a surface knowledge of utilities. . His stock as a candi date for commissioner went down (Turn to page 2, coL 5) own HIS PLEA: GUILTY On the eve of his trial in the Marion county circuit coyrt on a charge of larceny by bailee, Rich ard "Dick" O'Leary, former Salem restaurant owner, came Into court yesterday afternoon and changed his plea to guilty. Sentence will be pronounced by Judge L. II. McMahan Saturday morning at 10 o'clock. , - O'Leary is held here on two counts, and what will happen on the other charge Is not yet known. The other charge involves passing checks without sufficient funds. - The case was scheduled to come up for trial this morning at 9 o'clock. - ' :v ; CHARLIE MEETS G. B. S. LONDON, Feb. 25. (AP) Charlie Chaplin met Getfrge Ber nard Shaw today, but the film comedian was "very nervous" at .the prospect . of being introduced to the great writer. " ' - ' GAS WAR LOOMS SAN FRANCISCO, Feb. 25 (AP) Two cent slashes in re tail gasoline prices in principal cities and towns of California to day threatened to precipitate another "gas war." val new oe Test Case on Governor's Salary is Now Suggested Whether the governor shall re ceive $7500 annually, as provid ed by statute, or be limited to $1500 a year, as provided in the state constitution, is of sufficient Importance to Initiate a proceed ing In the state supreme court, according to a legal opinion handed down by the attorney general Wednesday. The Question was referred to the attorney general by Governor Meier. The oplnlcn also involves the secretary of state and state treasurer, who have been draw ing an annual salary of $5400 a year under a statutory provision. The - constitution - provides that the salary of the state treasurer shall be. $800 a year, and the sec retary ot state $1500 a year. "A statute is presumed to be valid until it has been declared void by the courts", read the at torney general's opinion. 'Section 1 of Article XIII hav ing fixed the salary of the gover nor at $1500, and having express ly provided that he shall receive no fees of perquisites whatever tor the performance of his duties, and also having provided that . the legislature may fix the com TAXATION m Only; Modification Is That No Special Election Will be Called Farmers Appear at Hearing In Support of Levy On Intangibles After a session of taxation committees of both houses in the governor's office which lasted un til after midnight this morning, the taxation program previously agreed to was reaffirmed except that no special election will be called for the expression of pop ular verdict. . This program in brief is as follows: 1st. Appeal to the TJ. S. su preme court from the decision ef the Oregon court holding the 192 intangibles act unconstitutional. 2nd. In case the court rule against the state refund to ' th payers of that tax sums' paid plus 6 per cent Interest. 3rd. Enactment of excise tax on corporations with rate made 8 per cent Instead of 5 per cent. (H. B. 378). , 4th. Enactment of new intangi bles tax on 1930 and subsequent years, but with interest deduction. (H. B. 379). Farmers in Favor Of Intangibles Tax The joint session followed a public hearing on the intangibles tax conducted by the senate com mittee on taxation. Those ftp ask ing for the bill were Charles Gal (Turn to page 2, col. 1) LAME DUCKS LIMP E; OKI WASHINGTON, Feb. 25-(AP) An early agreement on the proposed constitutional amend ment to abolish the last, or "lame duck," session of congress was predicted tonight as congression al conferees atte-mpted to adjust differences between the house and senate. ) i It was sent to conference to day when the senate rejected the Gifford substitute to. the Norris resolution which was adopted overwhelmingly ; last night by the house. The proposal by Senator Norris, republican, Nebraska, has been approved six times by the senate. - , ' In asking the senate to send the , house substitute to confer ence. Senator Norris saidl "All difficulties ean eisriy be Ironed out, I think." The ' chief difference between the senate resolution and the house substitute is the provision in the latter limiting the length of second session. Conferees were appointed by both houses and they planned to hold the . first session tomorrow. The. senate named Norris and Senators Borah, republican, Ida bo, and Walsh, democrat, Mon tana, The house named Represen tative Gifford,- Massachusetts, and Perkins. New Jersey, repub licans, and Jeffers, Alabama, democrat. Governor Vetoes Salary Increase . V'V., ; Governor Julius L. Meier yes terday returned his third veto of the session, and bis second against; salary increases. His veto this, time was on the bill which would increase the BaUry of the assessor of Umatilla coun ty from $1500 to 11800 a year. While his veto - was announced the senate was debating : action on a bill which' would decrease the salaries of all state officials,, not set by the constitution, by ten per cent. ) pensation of public officers 'if not flied by this constitution', it would appear that any act of the legislature attempting to grant the governor a salary In excess eC $1500 per annyjn violates! the constitution.; v "However, In the case of th state vs. Cochran, the validity of an act of the legislature, Increas ing the number of Justices of the. state supreme court from three to five, was questioned. "The legislature had provided for five Justices of the supreme court. It was contended that this was unconstitutional. The court called attention to the fact that in several places In the constitu tion the language, is used to ex clude any action which was not expressly authorized, as for in stance, in section 24 of the Bill of Rights, 'treason against th state shall consist only, in levy lng wsr against If, and section 2, article II of the original con stitution, which provides that ev ery 'White male cltlxeb ot 21 years, and who has certain other specified qualifications may'voto. "Section $ of the article pro- (Turn to page 2, col, 1) MOB I-