Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (July 25, 1935)
PATTERNS Hundreds of Salem house wives " each . month avail ; themselves of the excellent nd Inexpensive pattern ser vice afforded by The States- man to its readers, .1 ; THE WEATHER4', , Fair today and Friday -ormal temperature and hu- ' mtflity r f ojt on coast ; Max. Temp. Wednesday 78, Mia. 57; river feet, cloudy. FOUMDEP (831 EIGHTY-FIFTH YEAR Salem, Oregon, Thursday Morning, July 25, 1935 SaliiFor E&!8ding 1500 is Upheld by Lewefling - l . : . Constitution Clause is Not Limit on Amount, Says Jory Suit Dismissed; Appeal Believed to Be Unlikely Payment of a salary of more than $1500 annually to the gov ernor of Oregon is constitutional. Judge L. G. Lewelling ruled In a decision handed down here late yesterday. In making the ruling, the court dismissed the suit of Ed A. Jory, Salem resident, against Charles H, Martin, governor, and the secretary of state and state treasurer. In which Jory sought to enjoin Martin, from receiving more than $1500 annually. Rod ney Alden, editor of the Wood biirn Independent, represented Jory in the suit. Judge Lewelling held that Ar ticle 13 of the state constitution which sets the governor's salary at $1500 was not a limitation on the amount which could be paid him and declared that subsequent acts of the legislature increasing that salary were constitutional. The governor's present rate of pay is $7500 annually less a 27 per cent" reduction set by' the 1955 legislature which makes his net annual salary $3475. Appeal la Not Thought Likely Appeal from the decision was thought unlikely last night due to the costs involved and the clar ity of Judge Lewelling's decision. If no appeal is taken, prolonged newspaper agitation to the effect that Oregon's governors are draw ing an unconstitutional amount as salary Is set at. re$t, Jpry.started a similar suit against . Governor j Meier but withdrew the complaint i before it was at Issue. In making his decision Judge Levelling did not rule on the point as to whether or not Jory as a-citiien was entitled to bring suit or whether the case should have been an ex rel proceeding through the attorney-general's of . fice. Rather he decided the case on its merits, assuming for sake of argument that the suit was properly brought. In making his decision, Judge Lewelling follow ed the reasoning of Ralph Moody, deputy attorney-general, who rep resented the state In the case. Judge Lewelling's decision, in part, follows: "It Is elementary that the con stitution of a -state is a limitation of power and not a grant of pow er; that the constitution of the United States is a grant of power only. Since the provision referred to must be construed as a limita tion only, it naturally follows that ' unless the legislature is inhibited : by the provisions of said Article XIII from increasing the salary of the governor by appropriate enactment, such enactment must ' be held to be valid. Constitutional Convention Proceedings Cited "To determine the question as - to whether "or not said Article ' XIII inhibits the legislature from : ? passings an . enactment, the court is .at: liberty -to -refer: to. the pro ' ceedings of the constitutional eon 4 vention which are valuable aids in r ascertaining. tlie Interpretation - -placed upon a provision of the constitution by the framers there of. "By referring to the minutes of the constitutional convention we find that when Article XIII was reported to the convention from ' the committee it had added to it - a provision providing that the sal ary of the governor and those of the other officers fixed therein should.not be changed from a per iod of blank years, and that the blank was filled in by the conven tion and adopted with the word "six" inserted. This certainly In hibited the legislature from in creasing the salary of the gover- ' nor and of. the other officers men it ioned for a term of six years af- ter the adoption of the constitu tion, and after other proposals the convention finally rejected the In- i hibitioa by si vote of 22 to 19. (See P, 94 of Journal of the Con ; atitutional Convention.) (Turn to Page 2, Col. 4) Apricot Recipes Must Be Turned m By Noon Today v . .Today at boob the Recipe Round TaMe contest on apri cots ctoMA. Judging will take place " this afternoon and priae ; winners will be announced . tomorrow morn ing togetlier with ew ; topic. Contributions may call for either fresh, canned or dried tnttt. Methods of preserv ing fresh fruit are also wel come. More than one recipe may be sent in if desired. Please list " all ingredients first, followed by directions.: Governor Police, Church Heads Changed Count Wolf von Helldorf (top) has . bfen appointed .chief - of Berlin police, and Hans Jferrl (lower) is new nnder-secretary for church affairs in nazi shake up. Both are known as anti- seniitlcs. ATTORNEYS BATTLE Arbitrary" Says Meyer's Lawyers; High Court to Speed Opinion Oregon's agricultural adjust ment act was described yesterday before the state supreme court by oDDoslne attorneys arguing the case of Fred Meyer, Portland chain store operator accused of selling Ice cream below code prices, as "the only practical means 6f meeting a grave emer gency." and "an arbitrary and unreasonable violation of the po lice power." Suit against Meyer was brought by the Oregon Restaurant Indus try and other plaintiffs in an en deavor to compel him to comply with the state Ice cream code When the case came before Or cult Judge Winters in Multno mah: the judge ' held the? state AAA unconstitutional, but in structed Meyer to comply with code provisions pending appeal of the case to the supremo court. The ice cream code was draft ed under the state agricultural act. and operation of 11 state codes hinge upon the suprem court's decision in the Meyer case. Merchants May Fix Own Prices, Contends Lawyers speaking for Meyer attacked the AAA and price fix (Turn to Page 2, Col. 7) i n,"Ttirnfr- Milium iiiii n ',g" f J iX is"-. - 7i 5v (t f ' 5 i ' : " Jx. OVER MA LEGAL TY "De Free" Slogan Coined For Ethiopian Recruiting ITALO-ETHIOPIAX SITUATION (By the Associated Press) Addis Ababa - Slogan "die free" fires Ethiopian recruits; British loan rumored; Italy blames Ethiopia for arbitration failure. London British hear Musso lini to send 500,000 men to Afri ca; Ethiopians seek financial help. Rome Youths ot 18 "become soldier'' under war ministry or der; will form, huge army reserve. New York Wall street source says Italy eventually may devalue lira to level ot French franc, - ADDIS ABABA, July Ethiopian fighting men flocked to the colors today, fired by the slogan 'die free." Selassie Himself Coins Slogan It was Emperor Halle Selassie, king of kings and conquering lion of Judah, who coined the slogan in his address before parliament recently outlining the develop ment of the Italo-Ethloplan con troversy and pledging Ethiopia's "last man" in the fight to defend the country's independence. 'PRESSURE' ON UTILITIES BILL HEARING Senate-House Conference on Measure Breaks Up Over Presence of Aides Corcoran and Devane Attend for Administration and Bring Dispute By RICHARD L. TURNER WASHINGTON, July 24.-P)- new charge of "administration pressure on house memDers to gain compulsory abolition of "un necessary'' holding companies to day accompanied a sharp break up of senate-bouse conferees on the utility bill. . This accusation, by Represen tative Huddleston (D.-Ala.) fol lowed a direct insinuation in the senate utility lobby investigation that a mysterious, paper-wrapped box had been passed to a member of congress by a power official. Power Ieader Silent . on Mystery Box Chairman Black (D.-Ala.) of the senate committee repeatedly asked John W. Carpenter, presi dent of the Texas Power & Light company, whether he had enter tained a member of the house ust before its vote against "com pulsory abolition" and had given him such a box. He received no confirmation from Carpenter. The senate-house conference to straighten out differences in the utility bill of which the com pulsory abolition clause Is the main bone of contention broke up after three house members objected to the presence 'of two administration aides in tne con ference room. Representatives Huddl e s t o n Cooper (R.-O.) and Holmes (R Mass.) voiced objections to the presence of Thomas Corcoran RFC counsel, and Doiier Devane, solicitor of the power commission Both Senator Wheeler (D. Mont.) and Representative Ray bum (D.-Te.4-f-4h e ference (Turn to page 2, col. 6) Pardon For C. Johnson Is Refused Granting of a conditional par don to Carl H. Johnson, formerly an high official of the Prudential Savings and Loan" associations, was refused yesterday by Gover nor Charles H. Martin. Johnson, now serving a term of six years in the state penitentiary for em bezzlement, ' was convicted Octo ber 13. 1932, in the Multnomah county circuit court. "This case involves a man in a high position entrusted with the savings ot thousands of persons mostly inexperienced in business affairs," stated Governor Martin. "By . criminal mismanagement, fraud, and by stealing, he squan dered and frittered away , these .savings and took moneys that did not belong, to himself." Appeal Practice Deplored Martin deplored the, practice of "appealing to the state executive to turn loose men of prominence, who have been . sentenced after fair trial." and said that to free Johnson would give just cause for the "charge that weak sentimen tality too often frustrates: the ef forts of society to suppress crime." The alleged embezxlement oc curred in connection with the or ganization and operation of the Prudential Bancorporatlon. The decree of the Multnomah court was affirmed by the "state supreme court eight months after John son's conviction. It was better to die free, the emperor told his subjects, than to Uve conquered. While recruiting for the ex pected war with Italy continued apace, reports neither confirmed nor officially denied said Ethio pia's further military preparations would be aided by British loans. Colony Wonders What French Minister Told Speculation among members of the capital's foreign colony also was rife concerning what the em peror said to the French minister when he conversed with him pri vately during the imperial recep tion for the diplomatic corps on the emperor's 44th birth anni versary yesterday. A new note which the Italian legation presented to the foreign office today declared Italy held Ethiopia responsible for the breakdown of conciliation efforts at Schereningen, The Netherlands, recently. ; The note was an answer to an Ethiopian communication charg ing" the Italian members ot the conciliation commission brought about the breakdown. ' Surrounded Pepper F ickets With r I d ir a 6 n 01 , Four Men and a Boy Hurt, One Seriously; as House Where Workers Staying Stoned by Crowds; Troops Leave Tacoma TTOQUIAM, Wash., July 24 Xi fired from within a house pickets and onlookers today wounded four men and a boy. The shooting climaxed an which men. women and children stoned the house and yelled imprecations at 12 lumber mill workers housed there. National guardsmen and police swept . into the house and took Victor C. Wlllet, one of the work ers, into custody for Investigation. Two shotguns, a pistol and sever al blackjacks were seized In the house, police said. J. C. Bird, Aberdeen, was tak en to a hospital lor treatment 01 wounds In his right leg and ab domen.. Otto Fltterer, Hoqulam; C. J. Ash, Aberdeen; Ernest Er- ickson. Hoqulam. and Elbert Bnrror. 11. Hoqulam, were treat ed for superficial wounds ana released. Mill Employes Moved From Hotels to House were moved there Monday, after were movedthere Monday, after (Turn to Page 2, Col. 3) LAD, 14, DECIDES Asks Salem Police to Send i to Home; Parents Him widue nun mau When he was a small boy, Jack Stoner, 14, teased his sister. Four years ago, his parents told him that if he didn't "quit abusing the little girl." they would send him jiomeDlace where he would resrret his actions. So, that night he packed his pants, socks, and other shirt together and ran away from his home in Oregon City. Lest night, he stumbled Into the local police station, tired, and so hungry he was "sick" in his own words. Since the night he ran aval he naa Deen due- A - Mi mine" around the country. First, ha went to Portland, ana tnen east Tia railroad transportation of the free type. Then he wan dered back, working intermittent ly for food and clothing, and now and then asking for a handout. VXa rums Viorlr in Newnort. work ed and lived as best he might for a time there, and last night came to Salem. Police Call Matron, Give Lad Dinner He asked local police to send him to the children s home at Corvallis, but Instead of doing (Turn to Page 2, Col. 7 PORTLAND LISTED micuivnTflM T1 la A $306,000,000 deficiency approprl- atlon-bililast of the big annual supply measures passed the sen ate today with 1200,000 added to continue the federal trade com mission' nation-wide milk in Quiry. . . The bill now goes oacK to con ference with the house for nego tiations on scores of senate llUCUUUicau - o a total OI mw than 180 000.000 to. tue hnn.a DiKiinrc. '' - ' S2O0.0O0 Appropriated Tha amendment bv Senator nf tvwii to add the 1200.- noo for the milk investigation was approved 51 to 18 arter a warm "ffLi rin! I. U 11 VA ao ixiasv J t " w tor Lafollette (Prog-Wis) and Costlgan (D-Colo) supported Duffv. Duffy said cities where tne in quiry might be carried on in cluded Charleston, New Orleans, Denver. Portland, Ore., TopeKa, Detroit and Akron. Credit for Hop Men Tightens as Low Prices Stay Tightening of credit to all growers of hops Is reported lo cally with hanks here and fed eral Agencies refusing loans for hop crop production unless Dor rowers can show financial respon sibility other than the value of the current crop. Failure or con- rresa to make hops a basic com modity under the AAA act. has lead local lenders to believe pre vailing low prices on hops will continue until "weak" producers ot hops are eliminated from the field and production thereby di minished. One local banker estimated yesterday that 40 per cent of the valley growers would be unable this' season to obtain all their needs in financing the picking of the current crop. HOBO LIFE ND GODD II) MILK 111 Mill Men 4 I . I n qe ru een (AP) Six blasts of birdshot surrounded by lumber, strike raked through the crowd arid ' afternoon of disorder during Mrs. Post Will Fly With Hubby SggJ; WHey Post is taking his wife on a lone flying trip for the first time. Mrs. Post (above) will be with her famous husband and Mrs. Fay Gfllis Wells, aviatrix, when they begin their flight from (he United States to Rus sia, probably this morning. pjans Nonstop Flight 909 j Miles to .Seattle, Then on Toward Moscow LOS ANGELES, July 24.-fl3'- Wiley Post's projected 8263-mile flight from Los Angeles to Mos cow probably will start tomor row, it was learned tonight at Union f. Air Terminal, Burbank, where the Oklahoman's new plane Is being put in readiness for the trip. Mechanics were transferring a compass from posts "Winnie Mae." which he retired a snori time ago after five years of ser vice, to his sleek monoplane. The Diane in which he and Mrs. Post will fly across Siberia had not been gassed. The takeoff was ex pected early tomorrow. Although Post remainea. non- Committal aDOUl ms. limera.y, lit, was expected to fly MMtop from ABW -a will be Installed,; and he will fly to Nome. Alaska, another 22C3 miles. From Nome to Moscow the dis tance, by air is 51 miles, post expects to be gone six weeks and says the purpose ox tue ingnt js lO nuui Dig Iiuie m " I , , . . , - . nas ODiaiuea periuiu vi I . . . i - viet governmeni iw iiy io xauotow. Tne longest water nop on rosi s flight Vill be across the Bering strait from Nome, a distance of 40 miles. Service Station Going on Brown Corner, Report A lease on the William Brown corner. State and South Church streets, was reported late yester dT as Bearing completion with the'tJnion Oil company scheduled to become the lessee of the pro perty on a long-term holding. A thoroughly modern service sta tion will be erected there if the deal is completed. Chandler Brown, who handles the property, was out ot the city and could not be reached last night to confirm the report. The Brown property consists of two large lots fronting on State street. An old house on one of the lots was rased this spring: the corner lot where stood the Brown home will soon be cleared, a con tract having been let a fortnight ago to raie the residence there. Demolition ot the old structure Is proceeding rapidly. BREMERTON DOCK VOTED WASHINGTON, July -)-Senator Bone (D-Wash) obtained passage by the senate today of his amendment to the deficiency Kill annrnnrlatinr S4.SOO.000 for a new graving dock at the ruget Sound nary yard 'la Bremerton. fD'STlPEClED ID BEGIN IP TODH URlflN AGREES 11 liD MDEARillli: pflDTI i Mini . pti Oil Discrimination Banned and Collective Bargaining i. Right is Granted Four More Mills Make Offer With One Hording Out; Wages Increased PORTLAND. Ore.. July 24.-0P) "-Almost complete settlement of Portland's portion of the 12-week Pacific northwest lumber strike was reached tonight when union members accepted a new offer by four more mills. The acceptance paved the way for . return of 1200 men to. saw mills and approximately as many more to nearby camps. Of " Portland's nine, sawmills. only one remained under the thrall ot the strike following to night's action. Seven have agreed to reopening under union sanction and one reopened with its old non-union help, eliminating the few union members on its rolls. Discrimination Barred In Reemployment The new pact, which brought an overwhelming "aye" from 1500 members of the striking union, provides no discrimination in re employment, work week or live consecutive eight-hour days, 50 cent minimum wage and the prin ciple of collective bargaining with plant employes. The wage increase averages five cents an hour. The Eastern & Western lumber mill which normally employs 225 men, still held out, refusing to grant the "no-discrimination" guarantee. The mill was opposed to rehiring a few asserted "radi cals" who have been active in the strike. Bert W. Sleeman, official of the Portland carpenters council who was appointed last week-end by the northwest strike chief, A. W. Muir, to assist the striking sawmill and timber workers' here. explained-- the now -offer to- the men. Workers Going Back As Soon as Plants Ready 'We expect to return to work as rapidly as the plants can get ready: maybe half of the 1200 can go to work tomorrow," Slee- (Turn to page 2, col. 8) Request Aid For Oregon Storm Area (By. the Associated Press) Livestock perished and crops and homes were damaged as rain, riding on a violent thunder and lightning storm, swept central Oregon yesterday and late Tues day. Appeal to Governor Martin for aid in clearing away debris was made by residents southwest of Fossil, and Elmer Goudy. state relief administrator, . was in structed to rush SERA workers to the scene ot the- cloudburst. A wall of water several feet through struck the barn and dwelling on the old Hilton ranch near Antelope, occupied by Mr and '.Mrs. Guy Burgess, forcing the family and five men forking on the farm to flee for ihelr lives. All chickens, pigs and tur keys on the ranch were de stroyed. ' " ' Stock. Crops Lost William McGreer. another ranch er of the region, lost all his stock and crops, while hay was washed from the Lee ranch Into the John Day river. Frank Hlx. driller for tne uiar- no Basin Oil company, was caught in the path of a waterspout, pick ed nn and carried 20 feet, and lost all clothing but his shoes No reports of serious Injuries were received. Qj .1 111 U HULL nsMsv ii is i ll in nrA f u i 1 i mmm w m Here Bid For W PA OJj ices Selection of one of five possible locations for permanent district headquarters of the WPA will be made here Saturday, James . Smith, district director, said yes terday. Bid forms were yesterday mailed to agents for the lire buildings nnder consideration, and the bids will be opened Sat urday afternoon. Each location at all suitable will need some alter ations, to provide the 10 to 15 rooms needed for the WPA setup. Five Tentative Site Listed The list of sites to be consider ed Includes: -.. . . - Upstairs of the McGUchriat building at 325 State street, which would need a new entrance if used by the WPA offices, which will be set np for at least a year to 18 months. . " 1 Two large unoccupied rooms on the ton floor of the Chambers i ouuuw, the same' location on North High street la which the m : II IIS i nnii vjumi u ui i tram II mm i iinu i iii unmuiu Four Cars in Middle of Crack "City of Portland" are Derailed in Wyoming but None of Passengers is Hurt; Silver Locomotive Travels Three-Quarters of a Rile Before Being Brought to Stop Workmen Believe Broken Wheel Caused Mishap; Railway Officials Silent; Sturdy With Preventing Serious Passenger, Calls Portland KEMMERER, Wyo., July 24 (AP) "The City of Port land," the Union Pacific railway company's crack stream lined trairfwas derailed in Nugget canyon, 17 miles west of here, late today. Although the silver locomotive plunged down the road bed three quarters of a mile after several cars left the tracks and crashed through a large water pump and tool house, none of the 75 passengers was injured. Investigators said not even a minor injury was listed. Railwav officials who rushed to the canyon to inspect trtP train declined to comment but individual workmen said center car apparently broke, tracks. World News at a Glance Washington: Utility bill conferees break up amid hew charge of "administra tion pressure"; paper-wrapped box figures In lobby inquiry. Break in social security dead lock foreseen as president enters dispute on senate pension plan Glass leads assault in banamg till debate. Growing disputes breed report of postponement of tax bill until next year. Domestic: New Orleans Louisiana con rrnamen 'call Huey Long "trai tor" to party. Terre Haute. Ind. Business nnrtii azain under eye of troops as general strike fades Foreign: Rprlin Nails wage fight on young people's church groups; anti-semitic storm spread. (In Washington, Senator King propos es severance of U. S. diplomatic relations with Germany.) Addla Ababa Ethiopians flock to eclors to "die free." Rome Italy mores to militar ize youth of 18 to 21. (London hears H Duce plans Ethiopian army ot 600,000.) Belfast Leaders of Cathollc Protestant religious war switch from buUets to words. Buenos Aires Finance min ister and senator plan duel as aftermath ot senate shooting. Rioting Renewed, Terre Haute; One Woman is Injured TERRE HAUTE, Ind., July 21 -(-Rioting broke out at Twelve Points, west of the plant ot the Columbian Enameling and Stamp ing company tonight where about 3000 persons milled about. Na tional guardsmen released sev eral gas bombs apd 11 persons were arrested. Mrs. Edward MacBeth, 33, was mt severelv on her hands. Guards men reported she grasped a sol dier's bayonet. Hers was the only Injury reported. BaUdings SERA offices are occupying most of the lower floor. The Paulus - building on State street, second story or wnicn would need considerable remodel ing for the WEA purposes. The Nelson building on Cheme keta street, the upstairs portion now used for a dance hall being suitable if partitions are con structed. The old Arlington hotel over Johnson's women's ready-to-wear store, which will need consider able renovating. Alterations Will " Delay Moving i In event any of these locations are chosen, '-it will mean several days before the WPA Is able to move in, to make necessary alter ations possible. One or two other buildings which have been nnder consideration have been definite ly dropped from the picture aa present "tenant could not be switched to other equally suitable locations. . Construction is Credited Injury; Frank Lonergan is on the cause of the derailment, they believed a wheel of the throwing the train oil tfte Not one of the seven cars turned over. The shatter-proof glass was damaged in several cars. The four cars In the middle of the train left the tracks. Front Passengers Not Aware of Accident As soon as a conductor felt the bumping of the center cars, ho signaled Engineer R. H. Hunter, who stopped the train. Passengers. In the first two cars said they, were not aware of the derailmentr until the train had stopped and" the crew Informed them. Engineer Hunter said he be lieved the sturdy construction of the streamlined cars prevented serious injury to passengers and train. Wrecking crews tonight strove to restore service. The streamlined train, one of the recently added locomotives to the western lines, ran on the Portland-Chicago route. Railway offi cials said that it had not been placed on regular daily schedule. PORTLAND, Ore., July 24.-JP) -Frank J. Lonergan, Portland at torney trarellng west on the US ion Pacific streamline train. City of Pr,-tland, telephoned here that the (rain was derailed late thft afternoon near Nuggett, Wye., and no one was injured. Lonergan. former speaker of the Oregon house of representa tives, said two cars went off tlM track and the train travelled about three-quarters of a ntte after the mishap. Streamline May Boll In One Day Late A special train was dispatched from Pocatello, he said, and it was believed the streamline train. City ot Portland, would arrive here about noon tomorrow in stead of early -in the morning as scheduled. ' Tailless Plane About Ready for Commerce Heads LOS ANGELES, July 24. -(jp)-A radically new type of airplane, virtually consisting ot wings with out the customary tail, and with the engine in the rear, will he turned over to the federal de partment of commerce within the next few days, its inventor, Wal do D. Waterman, said today. The plane Is one of several be ing developed by the department to combine a maximum ot safety at a minimum of cost in order to promote ownership of aircraft by private individuals with limited pocketbooks and flying experi ence. Local Camera Man May Try to Join Ethiopian Forces E. 8. Stoard, photogra pher at the statehooae, wants to go to war.. And if KthfaDla or bast a far a hbe is concerned. Stnard yesterday wrote w Major Charles Shadwell f the Royal Air force of Eng land proffering bis services fa that forcej if his proffer is not accepted ! may seek to enlist : In the Abyssinia forces. - i Stnard served with the British and Canadian ai services during the war; he has also seen duty with tha American air force. 7