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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Oct. 30, 1931)
ONLY 2 MORE! DAYS " November 1 positively Is last date subscriptions will be accepted at bargain rate or $3 for a year (by mall la Oregon only). ,:. THE WEATHER Generally fair today and Saturday but possibly un settled Saturday; Max. Temp. Thursday 71, Min. 49, river 2 feet, i north winds. 1 FOUMO.GD 1631 EIGHTY-flRST YEAR PROTEST IDE upon ii to TAX UTI LITIES Would Mean Increase Here uver naies in uiner Cities, Warning City's Plan is Taken Under : Advisement by Council Ordinance Group Insistent but well-tempered pro test to a proposed two per cent city tax on the gross earnings of all public utilities operating in sa lem was made last night at a; two- hour hearing held In the council chambers before Chris J. Kowits and David O'Hara, aldermen of the ordinance committee of the council In whose hands Ordinance Sill J 13 6 providing for the tax is being considered. Alderman W. H, Dancy, third member of the com- mittee, was out of the city and unable to attend. Aldermen f Pat ton, Olson, Hughes and Evans at tended the gathering as members of the utilities committee .of the council. Mayor P. M. Gregory was present. I .Representatives of 'the utility Interests characterized the propos ed measure as discriminatory to one especial type of business, in consistent with the amount ot net profit the utilities could make and unfair to . large 'organizations which had showed their faith in Salem by making substantial in vestments here and rendering a high-grade of service. ! Kowits announced after the hearing that his committee would take the proposed ordinance under further consideration and would defer decision on its recommenda tion to the council until Alderman Dancy returns, provided he Is back In the city before next Mon day night when the council con venes. The committee expects to report on the proposed tax at that meeting. Dancy la known, to be op posed to the tax, O'Hara, father of the bill, is known to be favor able and Kowits position has not yet been announced. I Would Mean Boost In Election Bates Cassius Peck, counsel for the Portland General Electri cnm- pany, appearing with W. M. Ham ilton, local manager, opened the meeting by declaring that his com pany had maintained a consistent policy of reducing electric rates to consumers and had recently been able to Include Salem, and Its territory in the Portland rate area, this giving a smaller city the benefit of larger unit production costs. To enclose Salem by a tar iff wall of a two per cent tax on the$500,000 gross annual earn ings of the power compan- would inevitably mean higher rates for Ealem light and power users than those 1n the adjoining territory or in Portlands Peck Indicated. He said his company felt such a tax would, be discriminatory to the light and power business com pared ;: with other businesses. Peck touched only briefly on the legal phases' of the proposed tax. Peck said his company might con sider favorably any reasonable In crease on the $500 license fee now paid annually. ; - W. J. Dodge, general manager of the Portland Telegraph ! and Telephone company, appearing with Omar Spencer, . counsel for the company, and E. D. Wise, vice president and H. V. Collins, dis ( Turn to page 2, col. 4) BANDITS GETAWAY f EUGENE, Ore.. Oct. 29 (AP) Daniel Castro, Mexican railroad section hand, was shot and wounded fatally by one of three outlaws Wednesday night. Castro died at a Eugene hospital today. ' The shooting occurred at tFra ser, about 10, miles above McCre die springs on the Southern Pad lie route. Th three robbers! had entered a house occupied by two Mexicans, robbed them and i tied them. Before they left Castro en tered. He saw the outlaws! and tnrned to leave but one of them hot him In the back. Castro; was Mt tn VS-v crawled back lafo Vio hnnaA after tha robbers! left and freed ls friends. Kfi DAMAGE. WORD ASTORIA. Ore.. Oct. 29 i (AP) -The Furness line uo- K UTBlUJf X - . l w v aground on Desdemon sands at the inouth f the Columbia river this afternoon. Reports,, received here said the vessel was In no danger and was expected to free herself a high tide early tomorrow. I The coast guard cutter Sno homish is standing by. j J DRANK. DIDN'T. DRIVE PORTLAND, OTe., Oct. 29 r (AP) Rhea Luperr former tate engineer'of Oregon, was acquitted by a municipal court Jury here today on a charge of drunlten driving. He was arrested -September 30. Luper admitted he! had drunk some wine but denied he King sley Taps Away At Typewriter While Hour of Death Near 8 Writes Reflections on his Life'; Refuses to eat Thursday Night; Gallows Trap to : Be Sprung at 8:30 a. m. HOPE gone for executive clemency; James E. Kingsley spent the remaining hours before his execution this morning, in a room in the state penitentiary hospital, utiliz ing a typewriter provided him as a means of writing reflec tions and observations on his life. Kingsley is scheduled to die at 8:30 a. m. today .for UTILITIES Southern Pacific's Second Half Payment so far Largest, $53,143 A check for $53,143 received by Sheriff Oscar Bower yester day from the Southern Pacific company's Portland headquarters constituted that corporation's second half payment of 1930 tax es and the largest single return made annually to the county. During ' the week receipt of more than $11,000 has come from the Oregon-Washington Water com pany. Payment by the Portland General Electric company and the Pacific Telephone and Tele graph company. Is expected early next week. With only a week left of the second period for 1936 tax pay ments. S receipts are somewhat slower than a year ago, the sher iff said yesterday. He urged tax payers J to bring or send their payments to the tax collection department of 'his office In order that delay in tax payments would not embarrass the governmental districts to whom the taxes are apportioned. "we! are receiving an average of. 160 payments daily and a number of them are large but general conditions and the elim ination j of the penalty are curb ing our Income considerably." Bower commented. Under the law passed at the 1931 session the two per cent penalty: which heretofore became assessible 90 days after the tax (Turn to page 2, col. 2) WEST FUNERAL IS Tl WQODBU" X. Oct. 29 Funer al services for William West, res ident here for about 12 years, will hje held Friday morning at 10:30 o'clock. Rev. Butler of Beaverton probably officiating. Interment will be In the Belle Passi ceme tery. Mr. West died Tuesday night at his home a mile north of town. William West, 82 years old, was born In Haverstraw, New York, March 19, 1849. He was a farmer n.ost of his life. uesiaes nis wiaow, ne ieeo three sons and two daughters. They are Harry West ot Hubbard, George j West, Frank West, and Mrs. May Kahler, all of Morrison, Illinois,! and Minnie B. West of Woodburn. i RIG TAX AMOUNTS 11 DM Victim of. Outlaws Dies Motorship Goes" Aground Rhea Luper is Acquitted ; Reedville man is Sought had driven the car. He said he had Just taken the wheel from his wife when police arrived. Mrs. Luper corroborated his testimony. , ' HUNTER MISSING HILLSBORO, Ore., Oct. 29 (AP) Search for Alfred M. Hol comb, of ReedvilIe, who has been missing since last Saturday, con tinued today. Holcomb and Ralph Smyhe, hunting companions, both became lost but Smythe later found his way i to: the West Coast Lumber company camp. j TRAIN IS DERAILED MARSHFIELD. Ore., Oct. 29 (AP) The locomotive and sever al cars of the. southbound South' ern Pacific train were-derailed at Nekoma today by a tree which had I fallen across the track. No one was injured. The tree was hidden from view by a heavy fog. . j OREGON LAD HURT ! BAKERSFIELD, Cat., Oct.) 29 (AP) An unidentified man was killed and Perry Meredith, 17, of Korth Bend, Ore., was! se verely injured today when sour motor vehicles figured in one crash north of here. Toung Mere dith who Is In a local hospital said he knew the dead man only as "Mickey." The Accident was one of the most freakish In Kern county his tory, two trucks and two .passen ger automobiles crashing simul taneously. No ; one else was in jured. ;- i '. .,.-v.:..iv J.!.: " ' ' . " I : : i . " "-v. v . the murder of Sam Prescott, OAsniand police officer, last Jan uary. "I have no alternative but to support the verdict of the Jury and the Judgment of the court. Governor Meier announced yester day in passing on KIngsley's last week application for leniency. That's all right. I am ready to go," Kingsley informed Warden James Lewis when the latter told him of Governor Meier's decision. "I am not surprised. It makes no difference. I am prepared." Kingsley said at midnight that he would SO to the gallows un accompanied and would not ac cept any religious faith before death. Father Thomas V. Keenan, prison chaplain, was admitted for prayers to KIngsley's room late last night. ; Kingsley spent the greater part of yesterday reading ; the bible. When supper was brought him last night he refused food. He (Turn to page 2, col. 1) INlHATS Both Sides use Tricks for Touchdowns; Score at Portland 28 to 6 PORTLAND, Ore., Oct. 29 (AP) The Oregon Normal school football team defeated Pacific Lutheran college of Tacoma, 28 to 6, here tonight. The Lutherans scored first In the opening period on a trick play. They had possession ' of the ball on' the Oregon Normal SI yard line. Six men walked up to the line of scrimmage with Lish erness, fullback. Four other play ers remained standing together behind the line. Suddenly Liaher neas picked up the ball, shot it to Carlson, quarterback, who raced all the way to the goal line, i The teachers scored soon after with Paul Gordon carrying the ball in the famous "sneak" olav. They converted the try for point. The second period was score less but the teachers scored again in the third and irot : two more touchdowns In the final session. Lateral and forward nasses Sained much ground for Oregon Normal. SCOTTS MILLS.. Oct. 2s Fire which started in the wood-. ouea qui cause or wnicn is a mys tery, destroyed the Perry Varhies bouse Jiere about midnight Wed nesday night. i The house was an old land mark, and on of the first con structed here. Mr. Varhies was at home but Mrs. Varhies was! in Portland. I The local fire department hur ried to the scent but the blaze had gained such headway before It was discovered that the fire men had all they could do i to keep it from spreading to other houses nearby. A building on the Shuts place taught fire a second time from flying sparks. I Virtually nothing was saved from the Varhies home. No esti mate has been placed on the loss. i .. i SEATTLE,. Oct. 29. (AP) i Judge Kenneth Mackintosh, mem ber of the Wickersham crime com mission and former justice of the state supreme court, said today that the 12-year-old Hubert Nlc colls, - convicted . Asotin s4ayer, should "have been hanged." S I Mackintosh was the only oneiof a group of Seattle Jurists, educa tors and civic leaders to propose such a penalty when Interviewed. "The boy undoubtedly always will be a criminal, a continued menace to society," he said, "and It is reasonable, to expect that at some future time he will again be at liberty.-':. -. :'; 'Life under our present sys tem means only a few years In the penitentiary. He should have been hanged." . : J , " rt REAR ADMIRAL DIES NEW YORK, Oct. 29 (AP) Rear Admiral Charles Francis Stokes, ' retired surgeon general of the navy from 1910 to 1924, died tonight in Brooklyn naval hospital. HOUSE DESTROYED am mem Fi MACKINTOSH AVERS CHILD SHOULD Hie Salem, Oregon, Friday IN REGISTER JOBS ON ROAD Ust for Emergency Relief Work Is Started Here By Sim Phillips More Information Required On Dependents Than in Previous Program Bt the close Yesterday of the first day's registration for emer gency road work, conductea by the county conrt for the state highway commission, 28 men had filed application for Jobs with Sim Phillips, agent at the U. S.-T. M. C. A. free employment office in the new quarters on tne secona floor of the old "T" building at North Commercial and Chemeketa streets. All but five of the 28 men were married. .While the majority of regis trants were Salem residents, two married men applied from Silver ton and one each from West Sa lem and Woodburn. The small number of applicants for the high way work yesterday was attribut A tn the fact that publication of tha nneninr of registration was withheld In order that tne stau at the employment office might get details of the plan fully work ed out. Detailed Data on Applicants Required 1 Registration is expected to con tin ii a for two weeks or more." Each applicant for the highway work is required to give complete details with reference to dependents, fi ancial condition, lobs previously held, and work obtained through the employment office. More ex acting information concerning men riven highway Jobs will be obtained this year than last. Just when the emergency work (Turn to page 2, col. 2) FEDERAL PROGRAM OF RELIEF SOUGHT PORTLAND, Ore., Oct. 29. (AP) An extensive federal con struction program to relievo un employment, called the "most ser ious national problem," was urged In resolutions adopted at the dos ing session of the third annual western governor's conference here tonight. I The conference will meet next year in lks Angeies. Tne aaies will be fixed by the nex executive committee composed of Governors A. M. Clark, Wyoming, George JH. Dern, Utah, and James Rolph, Jr., California. A resolution introduced by Gov ernor Pern, Utah, and approyed by the conference urged the presi dent, of the United States to call and international conference "and to take world leadership in the restoration of silver to its historic place as money." The resolution said such action would atay the "disastrous fall In commodity prices," restore employment to millions of men, allay social un rest and restore commerce among the nations. IED MINERS SEND OUT SIGNALS WILKES-BARRE, Pa., Oct, 29 -(AP) Assurance that some of the six men entombed following a gas explosion and coal slide in Mocanaqua mine of the West End Coal company last Saturday night are alive was announced tonight by company officials who declar ed that rescue squads had receiv ed an exchange of signals through the fallen coal. Continuing the progress which has been maintained since Satur day night opinion was expressed that the probable location-of the men might be reached in & few hours. . The tappings were said to have been carried by an iron pipe driv en through a coal fall which was encountered when rescue work ers had completed penetration of one of the solid coal masses. Gun Woman to Enter Asylum SAND POINT, Idaho. Oct. 29. . (AP) Mrs. Floyd May, 35, who held officers at bay for three days in the Tumbledown Creek region, waited in a county jail cell today for a guard to take her'To?the North Idaho Insane asylum at Oro- fino. An Insanity examining board decided she was a paranoias, and dangerous to be at larg , SAWMILL 'TOT-STOP LEWISTON, Idaho, Oct. 29 ( AP) C. L. Billings, manager of the Clearwater unit of Potjatch Forests, Inc., said tonight the sawmill would be shut down Sat urday, possibly to resume cutting about January 1. FOR WINTER S ENTOMB Morning, October 30, 1931 Winnie Judd Is Taken to Face Charge LOS -ANGELES. Oct. 2 s (API Arizona captors of Mrs. Winnie uuin Juau put ner in an an torn o- Diie tonight , and . left at 9:45 'clock for PhoenlT. ah will face eharrea of murderlnar Mls Hedvig Samuelson and Mrs. Agnes je noi, ner associates and former housemates. . On advice of her attornav. Jnl Schenck, Mrsi Judd abandoned an extraoiuon tight today and a ha beas cornus writ according-hr was dissolved in superior eourtX Mrs. Judd was taken back bv Sheriff J. R. McFadden, county attorney, Lloyd Andrews and Mrs. Lon Jordan, jail matron, all of Phoenix, from where Mrs. Judd sent her victims' bodies to Los Angeles In trunks nearly. two weexs ago. GET YEAR IN JAIL i Convicted of Driving While Drunk; Both Planning To File Appeals WOODBURN, Oct. 29 Robert L. Groshong, 28, Salem, and L. Migakl, 60, Lake Lablgh, each were given 11000 fine and a year in the county jail when they appeared before Justice Hiram Overton today on charges of driving while intoxicated, grow lng out of an accident October 14, when Maxine Miller, age six. was painfully injured. Groshong and Migakl, a Japa nese residing at Brooks, filed no tice that they would appeal their cases. Ball, was set at $1000 for each. Magaki furnished his promptly but Groshong did not and was taken to the county Jail at Salem,. Witnesses agreed In the testi mony here that the Japanese was so drunk when the accident hap pened that he hardly knew what he was doing. Several Indicated that Groshong had been drink ing, and Dr. Gerald Smith, who was summoned to aid the child, testified 'to the same effect. The two defendants, on advice of their attorney, robin Day of Salem, made : few statements at the hearing. - j . t " Maxine was struck by machine driven by Groshong; late that, aft ernoon as she was returning home from school. She is the daughter of Mr. and Mrs. Walter Miller. Miller Is superintendent of warehouses for the Ray-Brown cannery here. TROUBLE IN ORIENT TOKYO, Oct. 29. (AP) The situation In north Manchuria threatens to become serious with reported increased activities of bandits who, vernacular newspa pers here say, are endangering railroad property In which Japan ese have an Interest. Another unconnrmea vernacu lar report says Russia has sent three armored trains"" with 500 men to-'the region of Tsitslhar.to protect the line of the Chinese Eastern railroad. Jointly owned by China. and' Russia. : Diplomatic exchanges between Tokyo a.nd Moscow, however, gave the Impression today that possi ble misunderstandings bad been avoided. South Manchuria has been un der virtual - Japanese rule - since September 19.' With a few excep tions disturbances by bandits have been quickly controlled. Build Marquise To Replace Qne Wiich Crashed Construction of a new marquise in front Of the Portland General Electric company store on North Liberty street, to replace the one which crashed into the shop front Wednesday, was begun ; yesterday b.' Steusloff, Brothers incorpora ted, owners of the building. The new sidewalk covering will cost $800, according to a building per mit issued yesterday The building-permits brighten ed momentarily yesterday, with the issuing ot permits totalling 14675. The largest job announced was the construction of a new house costing 13175! at 1080 North Summer street ! for T. M. Hicks. Erection ot a filling station at 2635 Portland road for F. T. Dolen accounted for $800 of the total and alteration of a dwelling at 2011 South Commercial street for F. B. Hofma, for the remain ing $200. Japanese Rout Bandit Forces LONDON, Oct, 29 (AP) A Mukden dispatch to the' Dally Mall says Japanese troops routed a force of 1.000 Chinese bandits between Chenchlatun and Su pingkal yesterday, killing 100 of them and wounding 200. - c os e MI BANDITS FOMENTING It's 44,000 Miles Around, Lies far Outside the Known Universe Perturbation of Uranus Is Evidence of Pickering Find's Existence . . NEW TORK( Oct 29 (AP) Astronomical computations' predicting a giant unknown plan et, 44,000 miles In diameter, ly ing far outside the present solar system limits was- received here today from William H. Picker ing, the astronomer. He names It planet P, and says it Is a mem ber of the sun's family. . Dr. Pickering, who like Dr. Percival Lowell predicted Pluto, the planet discovered two years ago, bases his forecast of the new unknown upon years of com putations. His latest figures were given to the Associated Press to day in response to a request for Information. . The astronomer finds the evi dence of this unknown planet in a perturbation of the planet Uranus. This planett Dr. Pick erlng says, is off Its course and the deviation la accounted for by existence of an unknown planet exerting a gravitational pull. Dr. Pickering also finds addi tional evidence of this unknown giant In -the actions of certain comets. I His deductions are that the unknown Is the third In size in the solar system, Jupiter and Saturn being larger. 1 Its dis tance from the sun is estimated to vary between 5,000,000,000 and 9,000.000,000 miles, depend ing upon the planet s position in its elliptical orbit. Appointment of H. O. White as receiver for. the Charles R. Arch- erd Implement company In Salem was ordered late yesterday by Judge L. H. McMahan acting up on the request of William McGH- ehrlst, Jr., plaintiff In an action atarted against the company. White's bond was placed at $5000 and was promptly furnished. McQilchrl8t contended to the court that a receiver's appoint ment was urgent to conserve the assets of the company. He said that recently the management had been inactive and irregular, resulting in a dispolutlon of some of the firm's properties. McGllchrist alleged his especial interest In the company since he owned 221 shares of 250 shares of preferred stock issued by the firm. These shares are said to be first lien on all. assets of the business, after certain debts have been satisfied. '. The plaintiff In the action told the court he had not been Inform ed regularly of the progress of the business nor had he been permitt ed to. see the books of -4he con cern. - i McOilchrist waa-recently a Joint defendant with Arcberd in a suit brought by teh Eena company to secure Judgment from the two men on a note ror sis.uou, ane and unpaid. Evans is Named Advisor to Boys CHEMAWA, Oct, 29 JamesjL. Evans of Pittsburgh, PenriL ar rived at Chemawa Tuesday, and has entered upon duty as advisor in charge of the large boys who live in McNary Hall. Mr. Evans h. s had a number of years exper ience in different types of boys' work, has traveled extensively, and comes to Chemawa highly rec ommended for this type of work. Elks' Circus To First To the rhythmic melodies of a lively syncopated band, 15 inter stlpg acts of mingled comedy and acrobatics, the like of many not before seen here, . last evening were presented to the first night crowd of some 600 persons at the armory for the opening program of the Salem Elks club six-day In door circus. ' A fine entertainment, many persons In the audience' declared it. With attention directed to the Elks big show, as the word is spread around, it is' expected to net good profits for their Christ mas charity fund. , rr . j - ; Variety was given to the show by the comic clowns, who brought many a laugh during the acts. The acrobatics -of the trapeze tight wire and bars performed ' almost unbelievable feats of skill and strength in dazzling fashion. Tumblers whirled and cavorted on the large stage until it seem ed the limits of possibility had been reached, only to display still more surprising flip-flops, rolls and spins. , - WHITE APPOINTED AHCHERDJECEiVER Control ' Boaiaid EfleBts . Call Ito ratify M Priest Offers To Give Young Slayer Chance - ASOTIN, Wash., Oct. 19 AP) E. J. Doyle' et defense counsel in the murder trial of Hubert Niccolls, 12. said tonight that the Rev. Father E. J. Flan agan of Omaha, Neb., asked to day to be given custody of the boy. ' , "I feel he has never been giv en a chance," Father Flanagan wired. "Would you! ask the court for clemency that, s this boy be given such a chance now?" "I will take the boy to my home and be responsible for him." Hubert was convicted yester day ef the murder of Sheriff John Wormell, Asotin county, and was taken to the state peni tentiary at Walla Walla today to start serving a life sentence. LAD IS SON TO LIFEIN PRISON Hubert Niccolls, 12, may Later be Transferred; Hardship Is Seen ASOTIN, Wash.,' Oct. 29 I A P I Hubert Niccolls, "bare foot boy slayer" of Sheriff John Wormell. was sentenced today to life Imprisonment In the Wash- lneton I state nenltentiary ana started for Walla Walla, expect ing to spend tonight behind the bars. , The 12 year old boy was con victed late yesterday, the Jury spurning the suggestion' of de fense counsel that the boy waB abnormal and should.be confined in an asylum. Today Judge E.i V. Knykendall held court for two minutes. "Have you anything to say,-Hubert,- before sentence is passed?" ' . vl "No sir," said the ooy. ana in another minute the formality was over. Warden Clarence Long of the penitentiary had advised that he would seek -to segregate Hubert from hardened criminals, but said the Isolation would be hard on the boy, who also would be deprived of schooling. i Perhaps the department or business control later will find another Institution in which he may be transferred," Long said In Walla Walla today. The judge had no alternative but to send the lad to the peni tentiary since the jnry found him guilty of first degree . mur der and decided against the death penalty. Edison Leaves Youngest Sons Most Property NEWARK, N. J.. Oct. 29. - (AP) Thomas A. Edison placed upon the shoulders oz nis two youngest sons responsibility fqr carrying on his Interests and. left to them the bulk of the gains that came to him In a lifetime Of In ventive genius. Except j for small bequests to four other children, three of them by his first marriage, be left his entire estate to Charles and The odore Edison. The will was tiled for probate today. . The inventor explained In the will, signed in February, 1926, that "my dear wife, MIna M. Edi son, is already adequately pro vided for through gifts from me and otherwise." Pleasing Night Crowd And a circus is not a circus without animals. ' Trained dogs and a monkey performed spirited ly. Jumping through hoops, roll ing barrels, riding ponies. Sleek slender greyhounds negotiated In creasingly high .leaps, until the men holding the jumping stand ard climbed onto chairs further to show how far a dog can leap when It wants to. j - All through the two hour and a half program, the Frederick band added its noelty tunes .to the color ot the evening. Follow ing the show, it played for the free dance which will be held each .night on the main floor ot the armory.1 " f Officials of local Elkdom, were pleased both with the first night attendance and with the IB acts presented by the Holland Indoor circus troupe. . - In expectation of larger crowds during the coming five days of the charity circus, .the sponsors will Install seats on the main floor. The balcony last night was well filled. Nov 183 .0 Void ; Decisions to Repeated Properly; ' Meier Predicts Chief Executive Much' Improved; Goes on Ride in Auto Acting promptly to overcome an adverse decision on recent state board of control action rendered Thursday by Attorney-General Van Winkle, Governor Julius L. Meier late yesterday called a spe cial meeting of the board of con trol to be held in his room at the Benson hotel, Portland, at 11 a.m. this morning. The governor's decision to call the meeting was made when Vau Winkle held that recent decisions of the board were illegal because Governor Meier hadyoted by proxy and not in person. - Last night Meier declared he believed the Board would ratify every action' taken during his ab sence on account, of Illness. He said he expected no important new business to come before the board today. Governor Better ; Takes Auto Ride 1 The governor's action confirm ed earlier reports yesterday that he was In considerably better health." He was able to leave his hotel for the first time In two months and to go for a one-hour motor ride. "I j am feeling fine." Mr. Meier declared after his trip, f Matters whicli will come up this morning will Include the recent dismissal of Leonore Kay Roberts as superintendent of the . Oregon Employment - Institution for tbe Blind and of W. H. Baillie as su perintendent of the State Training school for Boys. In their place tbe board, Meier voting- by proxy, named Walter Dray to handle both the state blind school here and! the Portland employment Hn(T urirl Ram T.anirhltn X K - O J , -' .u u ii u ii , w head of the boys training school. " The recent nnrchase of 2S care for the state police desartment may also come up for reconsidera tion. The attorney-general's decision declared that casting of proxy votes at any meeting of the board was illegal. .Concurrence y at least two members who are pres ent is required for official action on any question, the attorney-general advised. . No Authority for Voting by Proxy ( "The statute contains no ex press provision whether a member of the, board may participate In meetings,' although not present thereat, or may exercise the right to vote upon measures by meats of telephone, letter, or by desig nating that power to another per son," Van Winkle held. "It re quires, for official action upon any question, the concurrence of at least two members who are pres ent." ' , -1 Three questions were submitted to Van Winkle, as follows: Whether in the absence of two members of the state board of control the other member can call and hold special meetings and hare his acts recorded as official T "Whether in the absence of one member of the board, with the re maining two members taking op posite sides on a question, can there be official action? Whether one member of tr: board has authority to cast eith er the telephoned or written proxy of an absent member, and have It recorded and niade official?" Some speculation developed at the capital yesterday , regarding the legality of holding board of control meetings away from Sa lem. The matter was not covered in the attorney-general's decision. The Oregon statute reads: , fSaid board shall hold regular meetings at the state capital! on the third working day of each month and shall hold other meetings, as, in, the Judgment ot its members, arw necessary ...' !! Unofficial opinion was divided on the question of whether or not this clause should ; be Interpreted to mean that .the state capital was the only place meetings could he held legally or whefher the word ing clearly Indicated that the state) capital was designated ! only fow flrst-of-the-month meetings,: leav ing the board free, to designate the place for other gatherings, i In event meetings could be held In Salem only, the question of the governor's ability to ! hold office would be raised. It was pointed out, since the existing stalemate between State Treasurer Holmaa and Secretary of State Hoss wonld make the board virtually inoper ative until the return of Governor Meier. No official at the state house yesterday indicated he was willing o ask an opinion from the attorney-general on this point. ,. The executive department had? no statement to make, yesterday regarding the date of Mr. Meier's return to Salem other than to In dicate he was steadily Improving and was keeping In dally touch? with the affairs of state by mean of his private telephone running, from his hotel to the office here.