t PAGE TWO The OREGON STATESMAN, Salem. Oregon, Thursday Blorningr, May 16, 1 933 r - STATE UPHELD, RAZING CAPITOL Leweirmg Refuses to Make Temporary Injunction . Permanent One tCaatlaaaa From Pass I) clients would appeal, it was donbtfnl last night if an PPeal - eond be taken to supreme court on JudRtJ towelling's ruling yes terday. That ruling only denied a permanent injunction- Later la the Ay the state filed a oer rer te -pUtatltrs complaint. the demurrer astinj that the suit be dropped because it wa brought Improperly In the llht of Judge XeweUrtg declaion. the state demurrer will undoubtedly be accepted and when the court rule on the demurrer and not until then can the plainttna ap peal While aa appeal ia toeing per fected, there ia no legal manner oTeatrata toe- state board of control . from razing the walls. Counsel "for the plaintiffs last Bight were not ready to announce whether or not Judge Lewelllng's decision would be fought loathe feigner court. Judge Takes Issne With Plaintiffs Judge Lewelling's decision in dicated clearly that the state board of control, under the re storation act of 1925, had been empowered by the legislature to expend funds provided by the act to restore, replace or rebuild . state structures. He took issue with the plaintiffs that the state -board of control was usurping legislative functions In razing the capitol the ' legislature had al ready delegated these functions, Judge Lewelling pointed out. The court further held that "even though construing the complaint most favorably to the contention of the plaintiffs,- this court concludes that they have not alleged facts sufficient to - show a special injury to them selves separate and apart from that which would accrue to all citisens of the state of Oregon, and for this reason they have not stated a cause of suit and conse quently their application for a restraining order must fall." Judge Lewelling further said: "Assuming that defendants are acting without authority in the exercise of a governmental func tion, they could only be prevent ed from an unlawful exercise of authority or from the perform ance of illegal acts by the state In its sovereign capacity or by an individual who has been spe cially injured joining with the state in an ex rel proceeding." (Coatlnned From Pare 1) treasurer; William F. Rollins of the Jersey Milk company, Port land, chairman of the market milk committee; and E. G. Har lan, executive secretary of the new ner of Salem, vice-president of the itate group, presided. Simpson declared the new group is organizing to give the unorgan ized dairymen a voice In his in " dustry. Associated Dairy industries Is not a marketing group, but an af filiation of farmers, manufactur ers and distributors in milk pro ducts meeting on a common ground "with no desire for any group or interest to have any more say than any other group in the industry" Harlan declared. The- group now has 4500 members-and within 10 to 90 days this number will be Increased to from 10,000 to 15.000, officers stated. Among purposes of the organ ization will be a study of amend ments deemed needed to the mar ket milk law, and presentation of these. G. M. Ilafenhrack of Portland, former field man for the state milk control board working in this section and now representing the independent producers on the Portland market, was also pres ent last night with the Portland visitors. Baxter Busy as Speaker lor Nine Classes of Grads Dr. ; Bruce R. Baxter, Willam ette university president, is de livering nine commencement ad dresses this week and next, which will take him throughout most of the entire state. Tuesday he spoke to the grad uating class of Wheeler high school; yesterday, to the class of 38 of Whalem; and today to the Students of MlHnn hieh tnlinnl Next Monday he will speak to the cradnatinr clasr of nnnfinr college at Wesleyan, Ida.: Tues day, at Tillamook high, Wednes day at Asniana. Thursday at Oak ridge, Friday at Roseburg. and at - A mm m oaiaruay at seaside. . SALEM WOMAN DIES GRANTS PASS, Ore., May 15.- CSVMrs. Martha P. Hash. 9, of Salenx. died earlv todar at Wil liams , Creek near here. Arrange ments to send the body to Salem were being' made. JOHXSOX OPERA MANAGER NEW YORK- Mar 15.-fJPV-Ed ward Johnson. Canadian born tenor, was appointed general man ager of the. Metropolitan Opera company tonight.. ; ; IS L J.L JfiJilT.L J. Li i s ' 1 1 n CAROLE LOMBARD la ."LADY BY CHOICE. JACK OAKIE la ; Looklntr for- ' Trouble KIES The Call Board . . GRAND Today Double feature, "In Spite of Danger" with Wallace Ford and "I'll Love You Always" with Nancy Carroll. . Saturday Shirley Temple in "Our Little Girl." KLSIN'ORE Today "William Powell In "Star of Midnight." CAPITOL Today Jackie Cooper In "Dinky" and Tim McCoy in "The Westerner." STATE Today Double bill, "Lady by Choice" with May Robson and Spencer Tracy In "Looking for Trouble." Saturday Zane Grey's "Rocky Mountain Mys- tery." HOLLYWOOD Today Ann Harding In "BI- ography of a Bachelor GirL" Friday Double bill, "Under Pressure" with Lowe and McLaglen and "Terror of the Plains" with Tom Ty- ler. Everyone confided in Clay Dal- zell. because he could keep a se cret. And because of that habit, Dal zell finds himself involved in a sinister mystery case, with his own liberty at stake, in "Star of Midnight," popular story by, the master fictionist, the late Arthur Somers Roche, opening today at the Ellnsore. William Powell plays Clay Dal zell in RKO-Radio's picturization of the Roche story, and Ginger Rogers carries the feminine lead opposite him. Sophisticated romance, spiced by subtle comedy, combines with the mystery theme of the produc tion, which Stephen Roberts di rected. The supporting cast In cludes such well known players as Ralph Morgan, Leslie Fenton, Gene Lock hart, Paul Kelly, Vi vian Oakland, Russell Hopton, Frank Reicher and J. Farrell Mac Donald. POLICE HATE 3 City police moved yesterday to force compliance with the marble board licensing ordinance by tak ing possession of three of the game devices alleged to be in use in violation of the law. No arrests had been made last night but In spector Orey G. Coffey said there might be such action later. He said he understood any action that might be taken would be against the owners of the boards rather than against the merchants in whose places they were loca ted. Two boards were removed from the Wagner and Holman billiard hall. 356 State street, and the oth er from the Cliff Parker store, 372 State. Coffey said there ap peared to have been violations of ordinance requirements that li cense stickers he left on the ma chines for which they were issued and that machines be operated only in places for which they were licensed. HA Home Owed TUeater p OLLYVVOOU Last Times Today added SHIRLEY TEMPLE in 'Pardon My Paps' Friday and Saturday i f Two Features IOC F2 TOJ T - And Second Feature junTrnrAVij. Most people over forty, who wear glasses need two-vision lenses. The new invisible Kryptok Ibifocals bring you ths vision of youth in one pair. Why invonvenience yourself Get a pair of, Kryptoks today on our easy credit plan. PDMER0Y & KEENE 870 State St. - Salem OF MARBLE GAMES Ml Sim S3 1 ' I mmmmmj 345 SEJJ1DBS ARE BED, GRADUATE (Cootioaed From Pact J) ' " E t h a 1 Margaret Abel, Mary Jaae Adams, Harold D. Alderia, joiia Starr Allen, Boward W. A mack, Valera Amort, Mama Laitue Amundaoa, Delbert ia Anderson, .Lillian Adeleae Anderson. Jeaa Aaaaaen, Catharine Irene Applewhite, June Armstrong, ituta - tSh'awey User, tfreee Loej Matier. Betty K. Baker, Clar ice Baker, JSormaa H oItih Baker, Jlariaa jeaaneite Baraes, iorii lioealind Bar nett, Alice Hernadine Barry, Margaret tittel Barry, lorothy Jane Beam, Kas seU Andrew Beardtle, 1'neo Beck, Helen tteckiey, Erelya Jane Beckaer, Hiaa Mae Becaner, 1-aneta Bellinger, Lore a JS. Ben jaatht, Locille Benaett, Crover Better, Jack BUleter, Freida Kae Blake, Leretu JS. Btrrem. Clyde H. Boaam, J sear Booaa asa. KUrieda Uertruda Bembeek, Kata- rya Locille Boyle, Harry Edward Breed' love, Harold Osborne Dressier, Catherine it. Brock, Bert Copley Broer, Donald Al fred Brown, Robert A. Brews, Kobert M. Bxowneil, Albert W. Bataaaaa, Kitaiee H. Buck, faal E. Burger, Carl Buses. Dal W. Caldwell, Robert W. Callahan, Roy Cameron, Jack Carey, Robert Car per. Doria Caaaidy. Kenneth. Catar, Iiyle Kelbert Care. UjUUs CaaaaberBa, IT ran ees H. Cbriateaaea, A. Boyd CUggett, . George Clark, Mary Jeinnette Clark, Robert B. Clarke, Pater U. Cleary, Iaiay Coatea, Erma Maria Cole, Caarles E. Coleman, Mary Kiuma Coleman, Harold Cotnatoclc, Franc it M. Cook, Stella Hae Cook, Donald W. Coons, Max C Coons, Donald Earl Cooper, Aanaeelle Cooter, Viola Cox, Warren Jsmee Coward, Earl Thomas Crabb, Marjorie Rntb Craaey, InabeUe Creech, Lynn foster Croaeaiimr, Jnaaita Cross, Nelda Crom, Irene Mil dred Cutler, Irene Oamtlle Dahlen, Ger trude Msrie Delk, Catherine Louise Dal las, Mary Danger, Marjorie Mae Darby, Helen Daseh. Kstberine Bemsdeen Daugherty, Myr tle Lueile Davidson, Baby Althea Daris, William Joseph DeSouia, Bolaad Gralapp deVries, Velma DeWitt, Leonard Donald son, Frances Doolittle, Khiabeth Ue Dotaon. t'lavis Ann Downs, Douglas Dra ger, Cloyee Drake, Ray King Drakeley, Harold Duncan, Harrey Matthew Dunn, loria Dnrsl, Clayborne Walker Dyer, Tom Earle, Cora A 1 vera Kdgell, Loren Howard Edlund, Dorothy Marie Eggataff, Robert C. Elgin, William E. England, Mary Frances Entreas, Forreat Epley, Milo D. Erion, Betty Fargo, Marian Max ine Fawk, Caroline Bertha Field, Helen Joan Held, Ruth Elizabeth Finden, Lo ella Frankie Finley. Harry Finnell, Fern Flags, James Harold Forrest, Jeaaie Elisa beth Forster, Allan Foster, Florence E. Foster, Virginia Foster, James William Fowler, Harry James Fredricks, Alvsn Frey, Ernest Jriesen, Evelyn Vesper deer. Keba F. Geer, Margaret Gillette, Wealey Goodrich, Cobnrn L. Grabeahorat, Anna Graber, Elinor Grant, Ernest Green wood, Gerald Gregson, Harrey Griffin, Raymond L. Gritfin, Emlyn Rockwell GTiggs. Winston Gunston, Victor Guthrie, Delmar Kenneth Gwynn, Jim Haley, Es ther Hammer. Eunice Marie Hanks, Helen Louise Hartman, H. Joa. Hemann, Mary Frances Hesderaon, Marie Hendricks, Maxine Hill, Ruth HilUaan, Kenneth Holloway, Helen Bernetu Hollstein, Erma Elizabeth Homschuch, David Eldon Hoss, Franklin Batham Houser, Alberta Mae Howe, Nor man Humphrey, Mary Irene I Tall, Ethel Honriettm Jackson. Charles Jayne. Beea John, Earl A. Johnson, Edwin Johnson, Eleanor Elliott Johnson, Elmer Johnson, t T l. D K tl TnnA. T. artir. ,ttn, ,gnu,vu, u. Jones, Eleanor E. Kahle, Nathaniel 3. Kammler, Donald Leonard KaTanaogh, Margaret Keefer, Jane Elisabeth Keith, Sedonia Keith, Theorn 8. Kent, Robert Edward Keuaeher, Leeland A. Knowlea, Clarice Roaalis Kolbe, Jane Georgia Knhnke, Barbara Bernice Kurtz, Thomas W. LaDuke. Orval Lama, Vrrgil Dwight Lamb, Vivienne Cora Larsea. Jamea Junior Lauderback, Jean Ardell Laoderback, Robert Law, Betti Kae Law rence, Leonard Laws, Richard Harrison Laws, Hazel Leek, Leona Adele Leisy, Kenneth R. Loken, Jack E. McCatferty, Mable Wanlce McCalU Elmer MeClangh ry, Wilmer E. McDowell, Bettyrae Me Gahan, Maxine McKillop, Ida MeKinney, Barbara S. McLaughlin, Dorothy Mc Uod, Austin Mack, Margaret" B. Mac kenzie. Margaret M. Marpert. Carey V. Martin, jr., Harry Elbert Martin, Muriel Martin, Carl Bell Mason, Robert Mason, NANCY CARROLL GEORGE MURPHY tAYMONO WAIBURM io ImMdWalbA Dr Chan Lorn Chinese Medicine Co. Without operation -most ailments of stomach, liver glands, skin and ur inary system of men and women can be our remedies. 18 .jL years in business. Dr. Licensed N. D. Phy- aicians. 893 H Court Street, Corner Liberty Of- rice open Saturdays k. U onlr. IO A. M. tn 1 P. BL, 0 P. M. to 7. af Oonsnltntion - Blood Dr votiUe Pressure, and Urine Chaa lests free of charge. IWJtf ITM1TTE ' linn in...! I , MAJUAN MAS5H --I : WALLACi FORD Va coiumua hctum J if , -N f J Virgil K. Maaea. etwaa Colaa Mayaard, Joseph Meaney, Darr Menaia, ETaagetiae LuciUe Millard, Dorothy Zilda Miller, John IL Miller. Michael Miller, Ila Milla. Bymie Mia. Arlena Moffitt. . Marraret Grace Moore, EUswerth Elbert Morley, Eleanor L. Mnlcrone, Janice Rata Mar ray. Janior Manning Keisaa. Richard K al so n, Staalay Meaeas, Jaaaea H. Micaelaea. jr Beraieea Noaek, Alethea Beatrice upedal, Lawrence Cut ton Orwig, Charles E. Painter, Atha EulaU Faataer, Clar ence Boyd Panther. Rupert K. Park. Bet ty Parker, Jane Fatten, John Loyed Per- rue, r-mory Junior fetticord. Baby Lu eille Pierce, Charles V. Pillene. Loia Valetta Poage, Gleyd Albert Pon te, Ervin Wesley Potter, Patience Bath Priesing, Edward Prince, E. Alaa Praitt, Lloyd 11. Pugh, Harvey Quiitad, Rath Mae Ramadea, Clyde A. Randall. Predda Elton Reynolds, Martha Robertson, Uraa Robertsoa, Kenneth Robinson, Charles D. Boblln, Martha Rote Roddy, Beverly Ana Roethlia, Lillian Roethlin, EsteUa a. Roiabaagh, Dorothy RydelL Chiyo Baito, Kayao Saito, Dorothy Salcheaberg, Lee F. Batter, Reginald Banndera, Bonnie G. Savage, Roth Sawyer, Gertrude H. Scharf, Wilms Scfeerinaeher, Marjorie Schoaaker, Viola L Bchrenk, Virgil Schurtt, Vera Scott, Joe Ronald Sealay, Verdi It. Seder Strom, Lawrence Shaw, gain J. Sherrill, Marion 0. fihorsy, Frank A. Signrdson, Jessie Aliene fiilla, PriaciUa Locille Sim kins, Lyman EAg-ar Simona, Floy Smith, Martraerita Juel Smith, Merle Smith. Richard Wastry Smith, Robert Leonard Smith, Tluodort J. Smith, Orville E. South, Gretchea Csllista 8peaeer, Coa stanee F. Stark, Clayton SteHrks. Boland Stoddard. Jerry Ben Stone. Jes sie Row Stover, Eageaa H. Strickland, Caroline Strohmaier, Delphlne Katherine Stnpfel, George Stnpfel, Alyee Shisako Sagai, EUia Charlea Swift. Ana Tartar, Larxaiae Thompson. Yernon Thompson, Virgil E. Trick, Helen Trindle, Marjorie LaVelle Tryon, Harriette Mae Tucker, Jimmy Tambleaon, Sawako Uaui, Wil liam Acthar Utley, Florence Utter, Ha rel M. Utterback. Eileen Van Eaton. Gladys Adel Van Lydegraf. Tom R. WaddelL Lo rene Waddle, Irma Elate Walker, Glen Allen Ward, Quay M. Wassaxn, Zella Lu cille Webb, Loia June Weeks. Gay A. Weiss, David West, Robert F. White. Robert 8. White, William White, John F. Whitehead, jr Helen Wiedmer, Mary Williams, Msynard F. Williams, Wayne Denver Williams, Paris Winslow. Willard Herman Wirts. Marian E. Witte, Eliza beth Wolter, Evelyn Working, Neva Caa aella Teater. Moorman Declines Settlement; Jury Gives Him More Refusal of a proffered settle ment of $25 prior to trial of his case against the Trinity Univer sal Insurance company netted W. L. Moorman an additional $75 yesterday at the hands of a jus tice court Jury. Mooreman was granted a $100 verdict against the defendant company, which he was suing; for $157 for alleged damage to his car while it was stolen while cov ered by theft insurance in the de fendant company. Moorman's car was stolen by two men later ar rested In Newberg and the car re covered. The case was tried before Miller B. Hayden, justice of the peace. Almost 10,000 cases of oyster seed have been Imported from Japan recently and planted along the coast of Washington. The sreatest star merger In the history teart thrills! The screen's biggest little man!! In a picture that is chock full of action, laffs and thrills. J . aT m M " vVv- ft MTOCETHER , 1 in the lail and greatest - ' fJ i inysteTy twvtl torn th . i I I fen of ArtnuT Somers W t J i Rochs. TPS V Tl?. t il ' tk4 V' aoKeJ Mm (UP WAYS! BUY Fl Preliminary plans for raising of funds for purchase of a first aid car for the Salem fire department as a memorial to the late Floyd McMullen who lost his life fight ing the state capitol fire April It were outlined last, night at a meeting of the fire and water committee of the council and a special committee of the fire de partment. ' The first aid car which is be ing sought would cost about f 2, 000. It would be complete with all the latest types of first aid faculties Including hospital equip ment sufficient for the perform ance of emergency operations. The car would be manned by the fire department hat would be available for all emergency work irrespective of whether or not It occurred in connection with a fire. Many other cities in the northwest have recently purchas ed a first aid car. On the committee of firemen are Arthur White, Robert Mills and Walter Eberhart. The coun cil's committee is Merrill D. Oh ling, Cuyler Van Patton and Carl Am priest. HOOVER JAKES CUT (Continued From Page 1) mine the principles of real social Justice upon which this nation was founded. "If the NRA has increased em ployment, it is not apparent. . . . Ballyhoo Gone, Constitution Violated "That original ballyhoo used to hypnotize and coerce the peo ple into acquiescence Is now gone. Most of the originally grandiose schemes now are conceded to be a violation of the spirit and the letter of the American constitu tion. "Some business interests al ready have established advant ages out of the codes, and there fore seek the perpetuation of NRA. . . Harris Wins Talk Contest at W.U. The T. A. TJvesley speaking contest, an annual event at Wil lamette university, was won yes- Today Friday Saturday Romantic f Breathless f WitH PAUL KELLY GENE LOCKHART Ralph Morgan plus RUTH ETTIXQ "Old Spanish Onton1 Tonite Friday Saturday and CAB 0 BST AID AT IA EXTENSION V 6eta V 15C terdsy .by Fred Harris, senior. wno spoke on the subject of "Ev eryman a King.. Other contest ants were Bob Anderson, Carl Felker and Parneil Kupper. . The contest was sponsored by Tau Kappa Alpha, forensic so ciety. S Two divorce complaints were filed In circuit court yesterday. In each instance the wives, as plain tiffs, alleging their husbands had been cruel to them and had fail ed to support them. Theo Marjorie Friend, who married Charles Edwin Friend in Gallop, N. SC., Afar 22, 1923, de clares fa bar complaint that ber husband has a had temper, fre quently curses her and. on one occasion karoeked her to the floor. She asks the custody of their six- year old child and $25 a month support money. Mae R. Caspell, married in Oc tober, 1S30, at Vancouver, Wash., to Frank K. Caspell, alleges her husband deserted her in August. 1954, after continually nagging her. She says in 1931 she went into the boarding house tmsiness at his request and that he con tinnally found fault with her be cause she did not provide him with adequate profits from Its operation. She alleges he is worth $4000 and asks that she be grant ed $1500 as alimony, $50 a month for support funds and $250 as attorney's fees. STEVEDORES STRIKE ALAMEDA, Calif.. May 15.-CrP) Seventy-fire stevedores and car- Neuritis, Arthritis CASEY'S Compound baa aeeomolislied marreloua resulta for those afflicted with Neuritis, Arthritis, Sciatica and Lumba go. It eliminates the waste matter and poisonous uric acid FROM THE SYS TEM, reduces pain and swelling and stopa cramps in the limbs. Mr. Fred Bernard!, 640 Cross, Salem. Oregon, tatea be had a bad ease rheumatism. A riend recommended Casey's Compound. After taking 4 bottles can truthfully rec ommend it, for it did the work. Perry's Drug Store. 115 S. Com'l. St. The latest and greatest of the (t- noui Merrian- by a century of leadership and rep. resenting the high est modern scboiar ship. J art completed i cost or iisee, OOO. Twenty years newer than any comparable diction ary. The greatest corps of editors ever organised was cre ated to make th volume and to main tain rh M,rrt.w Webster reputation or leadership. vTCSTElVS NEW INTERNATIONAL DICTIONARY Second 4XtSm yT-JT. . T"g WMr aae Half Sataalapaele Arttclaa. SUM i la w,m.njmt aaw nnnqran. See the Nee Menfam-Webtter at Tear Bookstore 6. C. ME11IAU eauiiuv SprieaftM Unu mm TWO 010 S OUGHT EOT ( m ' - XZ:- t y ' - , y a. .v. xy J ' V-- -rZ"'"' NEVER A LOOSE END A li's ihc tobacco that counts, arid thoro aro no . v. ::..:: :.. y-::: :-..::.Ky x y-.;: -; u : : i-.J . , v V-k x :V.-v ;:: :::'.::: : v ; : ::-r:y v .;. ; . ? : . S s v,. C:,;-; Vmqr tobaccos ...cm thosb usod in Luclcics loaders went out .on strike at the Encinal terminals today in sn ef fort' to enforce demands tor sv closed shop. , Married Woman Ban is Praised Commendation for Bndret Til- rector Hood's annonneement that married women, whose husbands were employed by the state, should not be allowed to bold state jobs, was expressed In a resolution nnanlmooslv adopted last night by the Economic Bet terment league here. Members of the league filled to overflowlne the Nelson auditorium. The group also commended Salem merchants and other" basinesa men vhn hnri adopted a policy of not employ ing married woven. for as NO Vou can buy a complete household set of four new GAS Appliances . . . Modern Gas Range Electrolux Refrigerator Automatic Gas Water Heater Gas Conversion Furnace Burner Liberal trade-in allowed on your old appliances. With this household set you get your gas at lowest cost the economical combination rate. Ask us to show you how you can save the purchase price of this 4 -appliance set out of your present household expenditures. Home Owners... Ask about the 100 we can supply for rcnoviziog your kitchen or basement when you buy a 4 -appliance set. See your Gas Appliance Dealer or Portland Gas & Coke Company 136 South High Street UEV25c'SIZE Lydia R Pinkham's Tablets re lieve periodic pains and discom forts with their accompanying baefcschet, headaches and blue spell; They act as a uterine sed ative, tiitispasuodic and tonia Chocolts tooted. Easy io toko. Inexpensive and effective 9 little as A DAY TIM BIcCOY; 4 in The Western"