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.