: ;.w. "First With the News" The Statesman's annual bargain period end within tew more days. ' Order now; one year by mall $3, anywhere hi Oregon." , .THE WEATHER : Partly cloudy and unset- ; tied today,', fair- Thursday; .. Max. 'Temp.- ToesaajT 70,:' in. , river -3.2 feet, southeast wind. POUNDED 1031 EiaHTY.THmD YEAR Salem, Oregon, Wednesday Morning, October 18, 1933 Now 176 . - r t -.1: i f - a r, i B V j. , ..... - , 4 f ; i - 4 TiGILMSi 1 GERMANY WILL f HFI 11 lift. insir wx .-,.v .vv r r v unmnn inrmv m cy a i ; vv--v . , i h n u n inru HIGHEp COU (IT No Discrimination Against Common Carrier. Found, , I . Says Bailey Opinion Legislature Within Rights : In Fixing Safeguards; '"r Provision Clarified ; . - Reversing the recent decision ef Judge L. G. Lewelling of the Ma rion county circuit court," the Ore gon, supreme court Tuesday held that the 1933 bus and truck law was constitutional. In an opinion by J ustice Bailey in a suit filed -byA. C. Anderson, president of ; the. Oregon T ruck Owners and Farmers Protective association, against Charles M. Thomas, state : utility commissioner, i Judge Levelling had held In valid those provisions of the law relating to the regulation of pri vate and contract carriers. "Plaintiff contended in this case that the 1933 motor trans portation act was unjustly and un lawfully discriminatory in that it imposes certain duties and obliga tions upon him which are not ex acted of other operators of mo tor vehicles." the opinion, sets forth, in part. ' "Under this section of the law, vehicles owned by creamery com panies and operated exclusively in l picking up and transporting dairy products from farms and dairy ranches to the creameries of the respective owners of such vehicles, '- and not operated for hire or con sideration, directly or indirectly, ' are exempted from the main pro visions of the law. "Plaintiff does not ehow that he is engaged in any competitive business with the creameries, and . therefore does not show any In Jury resulting to him from this al leged discrimination. The tact that the creamery does not operate its conveyances for hire is sufficient reason for placing it in a different classification from tnat'Of the plaintiff. It was next asserted that the , statute In question makes unwar- ranted and unlawful discrimina tion in favor of the special car rier,' In that logs; piling, poles and rough lumber are exempted from payment of the mlllage tax, and in Ilea thereof a smaller payment Is based upon the weight of the . vehicle and that the special car rier also Is exempted from many Jot the onerous regulatory provi sions of the act, among which is mentioned the good faith bond re quired of contract and private haulers. ., - "If. the special carrier Is also a' contract carrier, he is subject to all regnlartlonsjDf a contract carrier except as modified by the (Turn to Page 10, Col. 1) ID W ELK HERD ' BEND, Ore.. Oct. 17. (fl3) Car rying out an order of the state : game commission, state policemen Art Tuck . and Iris Wells today jet out to kUl a herd of elk recently - Introduced t If the game depart ment Into Oehoco valley. ' . The order for the extermlna--tion of the Ochoco herd, brought from the Wallowa mountains a year ago last spring, was Issued by the commission after many complaints had been received about damage the elk were doing to farms. J. C. Vandevert of Bend, - member of the game commission, - was asked by the other commis sioners to see that the order was put Into effect. : ' K-' ' r Early this year one bull, elk of the Oehoco herd was Wiled after It had attacked ranchers children. The eiklwere Introduced In the i Ochoco country in the hope that f they would move far back Into the V isolated J timber; Instead, com plaints reaching the game depart ' meat said, the animals selected the ranches of the valley as their range. - WASHINGTON, Oct.-17 (ff) .The supreme council of Scottish Rite I Masons: southern Jurisdl(v tron,' In session here today, elect ed 139 Masons to the honorary thirty-third degree and S73 to the - rank - of "knight commander of . the. court- of honour. -,; .-, rf In addition the council elected four men to the thirty-third del irree from Ue Jurisdiction at larze and tour knights comman der from the Jurisdiction at large. Twelve Oregon men were elect mJi to tne court of honour" and i gix Oregon men to - the thirty third degree. . vrank O. Jewett and Benjamin T Pound, both of Salem, were among those named to the "eourt ' f honour. - . - SM H So 6 t -J" I V! i W V h 'i 1 1: Scene in Philadelphia police station as some of the M Khaki Shirts," organization which planned a march on Washington to make President Roosevelt "dictator of America," took a last look at the weapons seized In a police raid on their headquarters. At left, Art J. Smith, leader of the organization, who es caped the raiders out the window, police said. He was arrested Monday; It was claimed that Smith kept postponing the inarch to Washington, hoping thereby to continue the sale of the "official" shirts, on which he had a monopoly. TRUCK Ml ED TO OBSERVE LAW Anderson Disappointed at Court Ruling; Appeal To Solons, Plan A. C. Anderson, president of the Truck Owners and Farmers Protective association, declared late Tuesday, that he would urge all members of his association to comply with the truck law, pend ing its expected change by the forthcoming legislature. Anderson said he was disap pointed with the decision of the state supreme court as announced Tuesday although he had no criti cism to offer. "The fact that the court found the law constitutional does not violate its burdensome, trouble some and impossible provisions," he declared. "The decision merely means the truck owners must re sort to the legislature rather than to the courts." A state convention of the as sociation has been called for Sa- em next Tuesday, October 19, at 2 p.m., which the public is In vited to attend and at 8 p.m., at the chamber of commerce rooms here. C M. Thomas, utilities com missioner, will address the mem bers. The policy of the organiza tion will then be determined upon. Mr. Anderson Just returned from a trip through central Ore gon on business for the associa tion and found the people of that locality strongly opposed to the provisions of the law and backing the organization in its effort to correct the abuse of this statute. Mr. Anderson found considerable sentiment in favor of the recall of the governor, but in keeping with the announced policy of the association, insisted that all local associations refrain from partici pating, at least until the supreme court decision had been handed down. CABINET RESIGNS TALLINN. Estonia. Oct. 17. UP - The Estonian cabinet resigned today as a result of a constitu tional referendum. WANT OCEAN VESSELS iron nAT.T.rca. net. 17. lKt The construction of locks at the Bonneville dam that would be suf flcleat to permit ocean ressela to navigate the upper uoiumuia river will be the objective sought in a united effort by inland empire representatlYes, it was Indicated at a meeting here today of dele gates from Goldendale, White Sal mon and The Dalles. Present plans calling ior icas measuring 14 feet at the Bills, nMVara TtAlntAxI ont. WOUld DTO- vide only for the navigation of the stream by small rirer steamers. Locks S5 feet In depth and of suf ficient width to permit, the pas sage of ocean steamer iw sought. : ; -.,. ; v... .' . IjHSW PLAN ADVANCED EtiOENE- OeL'17. tffV-A rec ommendation tbat Eugene ask the government to. build and operate a power plant en the upper Mc- Kenzle river was contained m a report of a special chamber of commerce Investigating committed made public today. The committee, headed by Dr. H. W. Titus, was appointed to study the application of the Eu gene water board seeking federal funds to construct a huge power plant; to be known as "the Ren al authority and to lease the plant from the government to sell power to surrounding cities. ) v; 1 iiuiiuii i iii.il I i '' v.' Leader Here Tells Oregon Library Plan CHICAGO, Oct. 17 (Jpy Miss Harriett C. Long, Salem, Ore., ad dressing a group gathering at the convention of the American Li brary association here today, told of a sort of correspondence school service, without- credits, established by the Oregon state library for rural counties. Work ing through various statewide organizations, she said, otherwise Idle farmers were encouraged to write to the state library, out lining subjects they were inter ested in and their educational backgrounds, whereupon librari ans suggested sources of read ing. The books selected were mailed once a month. There were 671 students en rolled, Miss Long said, in ten months of the plan to date, ask ing reading courses on 200 dif ferent subjects and the library outlined in all, 756 courses. Sub jects Bought, she said, included everything from hand weaving and symbolism in Chinese art to aeronautics and bookkeeping. Miss Long spoke before the rural reading and adult educa tion group. Store Man Shot But Drives Out Three Burglars OREGON CITT, Ore., Oct. 17. (dp) A. E. Jonsrud, proprietor of a store at Kelso, two miles' south of Sandy on the Mt. Hood loop highway, was shot in the right ankle today when he surprised three men breaking into his store. The proprietor told police a burglar alarm was set off in his home next to the store when the window was broken. He said he accosted them with a shotgun, but the "safety" Jammed and he was unable to fire. Meanwhile, one of the Intruders shot him with a re volver. The three fled without tak ing anything, Jonsrud said. - Bigger Locks Demanded Eugene Asks U. S. Build Oregon Leads Job Drive " Ships Collide, no Harm CANNERIES HELP OUT . PORTLAND. Ore.. Oct. 17 UPi A special dispatch to the Ore gonian from Washington tonight said that "Oregon leads the na tion with the largest Increase la employment for the August-Sep- tmrtr nenofl. aaia cue oareaa jibor statistics of the depart ment of labor toaay. Tbe Increase, 21. f per cent, was attributed largely to employ ment gains in canning ana manu facturing Industries, the dispatch .ftiri Waahlnrton. with 14.4 per cent, - was ' the second highest state, the dispatch stated. nmeon'a navroll Increase for the period was 21.8 per cent, an incease, the dispatch said, which was "almost double tnose or. au other states." . . ' :i DAMAGE NEGLIGIBLE ASTORIA, Ore., Oct. 17 (flV The tanker New Jersey was la a collision with the United States tivYitiinnaA aerrice tender" Man- sanita at the - mouth, of J the Co lumbia river today, but neither ressel was seriously damaged, re ports reaching here tonignt mm About 30 feet of railing was knocked off the Manzanita and one of its lifeboats was. smashed, it was reported. The New Jersey, apparently undamaged, eontinued upstream to Portland, "- t v ' V' i i ' - s. 4 ' ' fv..f ' j. ' v. . -v. .- r. .-.s, v,- -.. Officers Visit Scene, Many Persons are Questioned; Victim is Buried SILVERTON, Oct. 17. (Spe cial) Officers, local, county and state, have been busy, individual ly and in groups, today at Silver ton trying to unravel the mystery which surrounds the death of Mathew Hage who was found dead in North Silverton early Saturday morning. While none will state whether he believes the murder to have been premeditated or not. practically all admit they are of the opinion that Hage met with foul play. Evidence all points that way, they say. No arrests in the case have as yet been made. Several people be lieved to know something of the affair or to have seen Hage short ly before he started for his home Friday night, were Questioned by officers stated. It is likely, offi cers indicated, that something will come of it soon. Local officers who assisted on the ease today are S. A. Pitney, constable, and Arthur Dahl, chief of police. Friends, relatives and the mere ly curious crowded the funeral home of Larson and Son Tuesday afternoon when final rites were said for Hage. Rev. J.- M. Jensen of Immanuel Lutheran church was in charge of the services and Mrs. J. P. Dullum and Mrs. Arthur Dahl sang a duet. Pallbearers were Chris Quail, H. Brandt, Carl A. Benson, George Busch, P. Nelson (Turn to Page 10, Col. 4) GOLDEN JUBILEE OF W.C.T.U. OBSERVED PORTLAND, Oct. 17. UPi Del egates from all parts ot the state attended a golden Jubilee dinner here tonight in honor of pioneers of the Women's Christian Temper ance Union. The dinner marked the opening of the state conven tion, which this year will observe the SOth anniversary of the Ore gon W. C. T. U. A total of 108 delegates had registered today and more were expected tomorrow. Mrs. P. M. French of Albany, 82, who Joined the W. C. T. D. when she was a young girl attend ing Albany college, told ot the cru sade for temperance in the early years of the organization. C. L. Starr, president ot the board of trustees tor the Chil dren's Farm Homo near Corvallis, said In an address that the home was another opportunity for mem bers of the union to serve. JONESBORO. Ark., Oct 17. JP) Guns biased again tonight in the factional dispute ot the Jones boro Baptist tabernacle congrega tion' when a hail of bullets was tired Into the cell of the Rev. Dale Crowley,' held in the county Jail here for the slaying of W. Mac Murdo.' the church Janitor. The minister,' asleep on a cot In the cell, was not wounded. Officers aid the fire apparently came from automatic pistols. - Lights In the cell blocks were extinguished and Sheriff Johnson started an investigation. Nearby residents told officers they heard an automobile leave the vicinity ot the Jail as the shots were fired. Examination of Crowley's eell showed that most of the slags had truck a steel partition but several were found on the floor, " PROBE INTO HIGE MURDER GOES ON SHOTS II FID, CHURCH SQUABBLE PROMISE IDE Otherwise Silent on Plans But Believed Awaiting Result of Parley French and British Leaders Assail Withdrawal as Fatal to Scheme (By the Associated Press) Spokesmen for the French and British governments bitterly as sailed Germany Tuesday for with drawing from the disarmament conference. Sir John Simon, the British foreign secretary, declared Ger many "Jeopardized, if not wreck ed," the arms parley by her "last moment" attitude. Premier Daladler, speaking at the opening of the French parlia ment, asked "if Germany is ready to destroy all armaments, why do they withdraw from the confer ence Just when we drafted a plan? He said France was ready to proceed with arms discussions. Other developmental . in the European situation: Berlin Spokesmen for Chan cellor Hitler said Germany in tends to live up to treaty obli gations, but refused to answer questions regarding the reich's plans after withdrawing. Geneva The outcome of the disarmament conference was con sidered by many observers to be a determining factor in Ger many's plans to consummate her decision to withdraw. Vienna Evidences of a mili tary conspiracy, a warning tbat martial law might be declared, and socialists' threats of a gen eral strike menaced Austria. Rome Italian newspapers de manded that the four-power Eur opean peace pact be implemented to solve the disarmament situa tion, and one of them predicted that before, the resumption of dis armament , " conversations "new exchanges of viewpoints and ne gotiations" among tie big "powers will take place outside the League of Nations." Br FIDE IT HT Hundreds of spectators were at tracted to a fire which flared in a ramshackle one - ear garage ad joining the rear of the Y. M. C. A. building here last night. The blaze, believed to have started in a stack of magazines in a corner of the structure, burned upward on the walls and through part of the roof. Loss was slight. The garage is a scant six feet from the Y walls. - Because he was using his auto mobile at the time, Theodore Rainwater, deputy state forester, has the machine today. He had been renting the garage from the owner, A. E. Chandler, 251 North Cottage street. Rainwater lires in the Court apartments. Returning from the fire, Vic tor Jones, 967 North Fifth street. was involved in an automobile ac cident at Center and High streets. Police said the other driver, F. N. Wiltsey. route four, admitted not having seen the Jones car. Bumpers on both machines were broken but none of the occupants injured. REACHES 27 TOTAL WASHINGTON, Oct, 17. The action of Idaho s constitution al contention today brought to 27 the number ot states which hare ratified the proposed 21st or re peal amendment. . Ratification by SI is necessary. Thirty-three states have voted to ratify, Maryland's ratification conven tion will meet tomorrow, and Vir ginia's October 25. During No vember similar conventions will be held In New Mexico on November 2, Florida, November 1 4 and Texas November 27. - Election of delegates to conven tions is to take place on Norem ber 7 in Kentucky, South Caro lina. December A. - Pennsylvania, Ohio and Utah December and North Carolina December i. Maine, which voted September 11, also win hold Its convention De cember C. HOSES CREDIT CHIEF MARSUFIELD, Ore.; Oct 17 (P)rlL i .WV:? Uoseji ot Grants Pass, was named president of the Oregon credit bureaus r at the banquet of the association herel last night, and Grants Pass was selected as the 1924; convention City, -i : 1 Ml mi mi First Derrick for Oil Drilling in up; Going Two Operations in Salem Vicinity Started by Different Groups but Based on Same Survey Showing Possibilities THE first derrick for oil drilling in Marion county is now going up on Steiwer dome about 12 miles south of Salem and in less than a week installation of standard drill equipment will be started to finish sinkimr the test well, now down to a depth of Another derrick has been road about midway between Dal- las and Perrydale, and drilling is scheduled to start today. And so. whether the populace realizes it or not, operations are well start ed, .either to secure or blast hopes of small groups of men who, as result of geological surveys made in the valley starting in 1930, have faith that oil wells will be brought In here. While drilling operations are started in two directions from Se em, two different groups of men are handling the tests. However, both are based on the surveys made from 1930 to 1932 by Charles S. B. Henry. Henry is directing work on the Steiwer project and the other test is being supervised by Sam Alexander for (Turn to Page 10, Col. 3) P. U. C. VIOLATIONS Judge Warns Leniency not to Be Given New Offenders; Cases Heard Today With the supreme court yester day holding the bus and truck law constitutional, Judge Miller Hay den started disposing of a number of P. U. C. tag violation cases that have been hanging fire in Justice court. First of these, which he has had under advisement for some time, was that ot Elmer Lander, whom he found guilty and fined JJ55 and costs. Judge Hayden remitted the fine and placed defendant on pro- bation for six months. Lander paid court costs of $4.50. Other cases which Judge Hay den has had under consideration pending outcome of the supreme court decision will come up today, though it is not likely that all will be disposed ot today. Judge Hayden said yesterday that because of the supreme court decision he could do nothing but find P. U. C. tag violators guilty and Indicated that for these near ly 20 cases which have been pend ing he would mete out the same penalty as given Lander as long as the truckmen agree to comply with the law and pay the neces sary fees to the utility commas sloner. "But for new violations, there will be no Quarter," Judge Hay den declared, adding "the truck law has been definitely establish ed as valid now and any violations from now on will be dealt with as the law demands." Trusties Escape At Walla Walla WALLA WALLA, Wash.. Oct, 17 6P) Two conricts, Hardy Owen, from King county, and George Grigs by of xarima, es caped from state prison late to day when they parked the truck they were driving near the peni tentiary and departed on foot. PEACE PACT SIGNED ANKARA, Turkey, Oct. 17. UPl - The Turco-Rumanlan pact of friendship and non-aggression was signed here today by representa tives of the two countries. FJ IN I Willamette Sanitorium is Sold to Legge arid Others Purchase ot the Willamette Sanitorium on South Winter and Ferry street by F. A. Legge, Sa lem architect, and his associates, was announced Tuesday. The property was acquired from the estate of the late Dr. R. Cart wright. Coincident with the purchase, Mr. Legge announced plans for the immediate expenditure of 18000 to flO.OOO In the construc tion of a 40x40 foot addition to the sanitorium and In the pur chase ot new equipment. The new. Addition which will contain about 24 rooms, will ad join the present 40 by CO foot building on the west side. The first floor will be of concrete and the second and . third floors of frame construction, thus match ing the main building. , Mr. Legge said he would eerre as general manager ot the sani torium although ho will continue as heretofore with his .architec tural work. The sanitorium staff will be selected later. -, Improvements to the property, which has been closed for several County is Polk Active 910 feet. constructed on the Perrvdale O - GOOD SCORES IDE 0' Hands Dealt by Players are Interesting, Contrary To Fears of Some Hands dealt by the players instead of hands set before tour nament play started furnished an Innovation at the third round of The Oregon Statesman's contract bridge tournament held Tuesday night at the Marion hotel , here. Contrary to expectations ot many ot the players, the hands proved almost universally interesting. with game prevailing In a major ity of the boards played. Several grand slams were bid and made, at least two ot 'the grand slams being made when players were vulnerable. P. L. Newmyer and W. R. N e w m y e r took honors for the highest score on any one hand, playing seven diamonds, doubled and redoubled, when vulnerable. They made their contract for a score on that board of 2560. Two sections of contract were played, Mrs. William H. Qulnn. Culbertson associate, conducting both sections. The third round of the tournament showed all players have improved their tournament technique. No hands had to bo averaged because of misdeals and there were very few Incorrectly recorded results. The following were the higher scorers in the two sections last night: Section One, North and Sooth First: Mr. and Mrs. Oliver Hus ton. Second: Mr. and Mrs. Sheldon F. Sackett Third: Mrs. R. II. Simmons and Mrs. J. H. Callaghan. (Turn to Page 10, Col. 5) ILL STREET MEN ASKED TO TESTIFY WASHINGTON, Oct, 17 (jP) Ferdinand Pecora, counsel of the senate committee investigating stock market practices, announc ed tonight that subpoenas had been served on six New York exchange members and they were to appear before the, committee Fridayr Those summoned were: John P. Duncan, of W. E. Hutton ft eompany; Frank Murjphy, of Jules S. Bacbe & company; Sayer Do minick, ot Domlnick ft Domin Jck; Edward A. Pierce of E. A. Pierce ft company; Louis J. Dre vers of Erick ft Drevers, and John Prentice ot Hornblower ft Weeks. Pecora said all are members of largo commission houses. The decision to subpoena the exchange members followed re fusal of the' stock exchange to circulate a questionnaire among its members which asked detailed information on their stock tran sactions. months. Include the Installation ot an electric elevator, the con struction and furnishing ot a laundry and the installation of a refrigerating plant. In addition hew laboratory equipment will be supplied, and x-ray. violet ray and other mod em medical equipment provided. The surgery, on the third floor of the present building, will be kept In its present location but new equipment will be added. Mr. Legge said he hoped the refurnishing of the present sani torium would bo completed In two weeks after which patients would be accepted .there. The ad dltion will take two months to build. Mr. Legge is to apply tor a building permit today. It Is understood that several local doctors are cooperating , in the project, -v The corporation owning WD lamett sanitorium had a ralae of 20,000 under Its incorpora tion articles. The purchase price of the property was not stated by Mr. Legge. He said the " same name would bo retained tor the property by the new management. TOURNEY 1 SET FAR FALSE USE OF Heavy Fine Prescribed fcy Roosevelt; Johnson is Given New Powers Representatives of Ford's Firm Agree to Parley On Labor Issues WASHINGTON, Oct 17. (JP) A two-edged executive order de- ' signed to force compliance with the blue eagle provisions of the presidential agreement was issued tonight by President Roosevelt. The order called for a fine of $500 and six m o n t h s imprison ment for any person falsely repre senting himself to be operating under the agreement or display- ' ing the blue eagle insignia while not complying with its provisions. The president's order, issued under specific authority of the In dustrial law, also authorized Hugh S. Johnson, 'the recovery adminis trator, to prescribe further rales amplifying those laid down by the chief executive. It followed closely upon re moval ot the blue eagle from the first establishments that were re ported to have been violating the presidential agreement. A supplementary order issued by Johnson covered specific rules for display of the eagle, said that any person might display the em blem so long as he complied with the president's re - employment agreement and that when in the Judgment of the administrator, any person had failed to comply it should be surrendered on de mand and be not again displayed without written permission. Fine and imprisonment were provided as penalties for violation of these rules. The order was issued shortly after Chairman Wagner of the na tional labor board had announced that he had received "assurance by telegram from the Ford com pany in Dearborn that the Com pany is prepared to meet author ized representatives ot their em ployes." Close behind the Wagner an nouncement came word from De troit that a spokesman for the Ford company said no telegram had been sent from the Dearborn offioes today to Wagner and that a communication earlier hi the week apparently had been misin terpreted. Wagner, in his announcement, added: 'The superintendent of the Edgewater (New Jersey) plant has telephoned me that he will be at the meeting, inasmuch as I have requested his presence." To prepare and supervise a city-wide "Buy Now" campaign. William P. Ellis, chairman of tho Salem NRA committee, yesterday announced -that he had named Ralph Cooley, manager of Bish op's here, as chairman of a com mittee which would handle this work in Salem. The local Buy Now move will be tied in with the ' national drive. Mr. Cooley said he was pleased to accept the appointment. The following other: men were named as members of the com mittee: Stanley Keith, Carl Ramseyer, Ralph Hamilton, Herbert Stiff, Hollls Huntington, George Ar buckle, W. L. Phillips, Oliver My ers, E. B. Gabriel, Asel Eoff, W. P. Watkins. I Fret Lecture on Story of Cards Offered Today Every person . interested In contract bridge la far loa county Is Invited thin morning- to a tree lecture: -The Story of the IS Cards. The lecture win begin promptly at 10: SO suns, at the Salem chamber ot com merce rooms, 14T North Liberty street. Mrs. Wil liam Quian of Portland, a CuIbertsoK associate ot rec ognized national standing, will deliver the lecture. ... . .Previowaly whew Mrs. Qulnn has given this in forming, interesting 7 talk, large numbers of bride tana have attended and the response has been uniform ly favorable. Experienced as well as new players or per sons who have not ! played bat desire to learn will all profit from the talk. Ibe Oregon Statesman made special - avrangemcaU for the lecture as a feature, of its contract bridge classes and Itc tenrnainent now wader way bere. Yon are urged to attend and to bring yon friend. No charges; nothing for sale. GOOLET WILL HEAD BHICAillDi S ft i t I ? f ! ! t r. 1 v