" "- - ; The Weather Rain today and Monday,, normal temperature; Max.! t ; Temp. Saturday 49, Mln. 89, ! -rWer 16.8 feet, rain 14! Inches, soother wiBdsr ' :' Inquiries . " nm basketban the ' ' ; . t temperature, height of the 7 ; 'river, Tirba was "ecreUrjr of - . state in 1910 everybody calls , up The Statesman. FOUNDED 1851 E1GHTY-FI FTH YEAR Salem, Oregon, Sunday Morning, January 12, 1936 ''' ' Price 3c; Newsstands 5c No. 250 D:- jfllltet'3 trot IfiMMOi 1 Oregon Facing Own Troubles Over Farm Aid State AAA Likely to 'Be Found Void ;Test in Courts Awaited rTharton Has Executive Secretary Jot? Here Staked Out, Vord By SHELDON F. SACKETT ; , InTSlidation of the federal AAA act by the United States supreme court 'brought new uncertainties - to the Oregon department of ag riculture in its attempt to put into effect the state AAA act re enacted by the special session of the 1935 legislature. , , The state department; reading the federal decision, finds that national regulation of production and of prices is not a power granted to.the congress. Yet the . "TJregon supreme court . in Van Winkle ts. Meyer bad preriously ruled that the state legislature was without power to legislate on agricultural production or prices and bad declared the po lice power of the state did not confer such regulatory rights on the state because agriculture is "not affected with a public in terest." With the burden of these state and national decisions against the new regulation act the depart ment was this past week hesitant to take any steps to put the new law into effect. S. T. White, di rector,, was clearly of the opiuioif that the new act would be block ed by an adverse court decision here and that the only chance the law would be upheld was to get f a test case into federal court. He thought there was a chance the federal courts would validate the Oregon act. Effects of Former Control Studied . , , One mandatory duty for the department, laid down in Ibe new law, is the making of a survey of the effects of the" old state adiastmenjnjrlces "and a ; study of production costs of Ore gon agricultural products for the 1909-1914 period compared to the selling prices, then prevail ing. This data was expected to -I guide the department of agricul ture, if and when new state codes were set up such as codes on - prunes, on melons and tomatoes and on berries. The department ' has found it impossible to gather this data with any degree of ac curacy. Of 20,000 questionaires sent out to producers, very few have been filled out and returned to the state department. Under ' the mandate of the new state act, the department will do is best lo compile the mandatory agricultural statistics. Fearful of adverse state and federal court decisions, it will not take any initiative in setting up new mar keting agreements for Oregon. The state is putting in its best licks to win the rate reduction case against thea Pacific Tele phone & Telegraph company now being heard before Judges Lusk. Tucker and Brand in circuit court in Portland. .Alfred P. Dobron. retained by the utilities commis sioner last February, has mas tered the facts in the case; Ralph Moody of the attorney general's o'ce will assist him in present ing the law in court this week. Blanket Redaction Draws Objection . The case grows out ef a blan - "ket 10 per cent reduction in rates ordered by former Commissioner Charles M. Thomas. The state takes the position that Thomas made his order on a thorough going investigation; that the court has no right to go behind the facts jset forth in his find ings. The telephone company wants the entire case reopened and the circuit judges constitut ed a new fact-finding body. The (Turn to Page 2, Col. 1) Averill Fined as -Fight Aftermath A fight among four male cus tomers at the Toklo Sukiyaki house, 222 H North Commercial street, early yesterday ; morning resulted in Pern E. Averill, Sa lem, being jailed by city police . and subsequently . fined $50 by Municipal Judge A. Warren Jones . for having been drnnk and disor derly. Unable to pay the fine, Av erill was retained to jaiL : Police declared Averill, who was In circuit court recently on an assanlt and battery charge grow In g out ef an altercation at Eck erlen's on the highway north, started the melee here last night. A companion who Joined him in .the fisticuffs escaped, they said. Fifteen dollars bail posted by a man booked as B. B. Bannon, charged with being drnnk and dis orderly, was forfeited when he failed . to appear In municipal court at 10 a.m. The arresting of ficer in "his written report gave - the man's address as 740 Ferry street. The man waa arrested af ter other . tenants of the apart ment house at that address had complained that he ' was ripping . off the screens ta-an attempt to gain entry to his own apartment. Declares He'll Oppose McNary I . V ( - it r i I " . WILLIS E. MAHONEY Mahoney to Seek Senatorial Honor Klamath Mayor Announces Townsend Advocacy at Jackson Day Meet PORTLAND, Ore., Jan. 11. -(JP) Cheers greeted an announcement tonight by Mayor Willis Mahoney of Klamath Falls that he will seek the democratic, nomination for the United States senatorial post now held by Charles L. Mc Nary, veteran republican floor leader. Mahoney's announcement came during a Jackson day banquet at tended by leading democrats from all over Oregon. In concluding an address, Ma honey declared: "After what has happened here tonight I will ac cept the call. I'll file as a Jackson democrat and beat McNary ."'His declaration brought an ovation from the delegates. Mill Campaign on Townsend Platform Mahoney said he would make the race on a platform calling for enacting of the Townsend plan, development of Oregon and reelection of President Roosevelt. Earlier in the day at a meet ing of 50 prominent democrats, Mahoney said he would, "consid er" being a candidate. At the meeting prior to the dinner he referred to the Townsend plan as a new "declaration of inde pendence" and said no man who refuses to advocate it can be elected to either branch of con gress. "The Townsend plan is in line with what President Roosevelt is trying to accomplish. In my hum ble opinion, when congress passes the Townsend plan, Mr. Roose velt will enthusiastically approve the bill," Mahoney declared. "McNary has made his last grandstand rush back to Washing ton." the Klamath Falls mayor said in his dinner-address. Sales Tax Backed By County Courts PORTLAND. Ore., Jan. 11. -iff) -Oregon's county judges and com missioners, in annual session here, went on record today favor ing the passage of the sales tax bill up for vote January 31. . Other resolutions adopted at closing sessions of the convention favored the changing of the Ore gon primaries from May to Sep tember, an alteration in WPA reg ulations to less restrictions on em ployment, an "adequate old - age pension" with revenue to be rais ed from sources other than pro perty tax, representation of coun ty relief boards equal to that of relief officials, the use of 60 per cent of motor vehicle and gasoline license money for county roads anfl maintenance, and fulfillment of the Wolf creek and Wilson river short-cut highway projects. livo School Projects to be f inished Be fore Fall lerm - Fifteen months' time at the most should see the Salem school board's new construction program completed, according to the best estimates available of the time each of the three projects will re quire. Two of the projects, the grade building at Mission and Un iversity streets and the additions to Leslie junior high school will be ready for occupancy before school opens next September if unforeseen building delays do not arise. Estimates of the time necessary for erection of the new senior high plant at 14 th and D streets vary from 12 to 14 months. When construction can be started by the contractor, Hoffman Construction company, remains to be decided by the state PWA office. School officials . momentarily expect to receive the go-ahead order Work Is Retarded By Heavy Downpour. . Work on the Leslie gymnasium and auditorium wings, : the only one of the three projects yet be- L gun, was retarded last week by the heavy rains. J. A. Kapphahn, the excavation sub-contractor; was, experiencing some difficulty with! Fund Provided For Final Gap, North Sahtiam T ". . . : $100,000 irr Forest Road Money :;is Allocated at Board Meeting Inventory of AH . State Highways is Ordered; , Awards are Made PORTLAND. Ore., Jan. 11.-0P) -The Oregon state highway csm- miseion, concluding a 'three-day session here, announced plans to day for a $350,000 "inventory" of state and county highways and recommended federal 'forest high way projects calling for an ex penditure of approximately $1, 100,009. The "Inventory to be taken in connection with a nationwide program ,ot road planning, will in clude an analysis of traffic need for improvements and recom mendations of "an equitabl tax on the various types of motor ve hicles in proportion to road use. The survey will include 51,000 miles of road. Of the votal cost $200,000 will be borne by the led eral road fund, $100,000 by the works progress administration and $50,000 by the state. State Engineer Baldock said no estimate is available of the num ber of men necessary for the mapping, surveying, traffic counts and tax analysis. The project is scheduled to being next month. Federal Bureau of Roads to Supervise The surveys are being super vised by the Washington ofMce of the federal bureau of public roads. The nine projects recommend ed for inclusion in the federal forest highway program for the fiscal year ending July 1, 1936 include (estimated): Salmon river highway, 13.5 (Turn to Page 2, Col. 5) Dried Beef Topic For Next Recipes Hot or Cold Dish Eligible In Round Table Entry; More Ginger Ideas Recipes using dried beef are wanted at the Round Table this week. They may be for any type of dish, hot or cold, just so chip ped beef is the principal ingre dient Legibility and clarity of direc tions count toward winning a prize. When 50 or more contribu tions are received each week, those which are typewritten or neatly written by hand naturally receive first consideration. Three cash prizes are given each week. The contest ends Thursday, Jan uary 16, at noon. . Please check your recipes care fully before you send them in as important ingredients such as flour or shortening are frequent ly omitted by mistake. Here are more ginger ideas: Ginger Sticks 8 enps flour M cop ground chocolate H teaspoon ginger 1 teanpoon aoda (Turn to Page 2, Col. 3) Child Fractures Hi Leg While Playing on Farm Five year old Clayton Wenger of Pratum was received at Salem Deaconess hospital here yesterday morning for care of a simple leg fracture he received in a fall while playing in a 'farm building. His condition was reported to be satisfactory. The lad is the son of Mr. and Mrs. Oscar Wenger of Pratum. The injury was to the left leg between the ankle and knee. the clay formation, made sticky by the' persistent rains. A power shovel was on the job ready for swift digging. Donald . M. Drake, of Drake, Wyman tc Voss, Portland contrac tors, told the school board last week he hoped to begin the grade school project late this month or the first week in February. The architect, Frank IL Struble, esti mates seven months at the most will be the construction period. Clearing and draining of the grade school site, where a series of springs presents a serious prob lem, will start tomorrow as a WPA project if the weather permits. Other WPA workmen are sched uled to begin relocating a storm sewer on the high school site ear ly this week.. Total Cost Wm Be Oyer Million Contract prices of ' the three projects are as follows: Senior high, 1622.610. Leslie junior high additions, 1179,000. Grade school, 1127.500. - Expenses tor architectural fees, attorney fees, inspectors',.. wages, (Turn to Page Z, CoL 8) .Riyer NeaFimg Flood Stage New Program Is Drafted by Farm Leaders Subsidized Conservation of Soil is Basis of Plan, Agreed Upon Details of Financing Not Covered; Rental and Withdrawal Asked (Copyright, 1936, by Associated Pren) WASHINGTON, Jan. ll.-(P-A seven-point program centered up on government - subsidizing soil conservation was approved unan imously tonight by farm leaders called to counsel with the ad ministration on a substitute for AAA. Authoritative sources said a bill secretly drafted two days ago in new deal quarters would be quickly revised to embody the legislative recommendations of the 100 spokesmen for the na tion's major farm organizations. In addition ; to soil conserva tion, the farm group called for retention of "valid" provisions of the adjustment act whose pro cessing taxes and benefit pay ments were outlawed Monday by the supreme court; "further ex pansion" of foreign markets for surplus crops; and new taxes on processors of livestock and dairy products. Source of Money Left Open Question Many questions went unex plained, including where the money is coming from to finance this "soil conservation and price adjustment program." The farm leaders suggested that congress "provide adequate funds by .appropriation," but add ed that many matters ""including the money question"- were left "for the continuing action and attention of our ever-alert farm organizations." Told by Secretary Wallace that they were "now building In a much more permanent way than was possible in March of 1933," when the original AAA was evolved, the farm spokesmen cheered wildly as, they adjourned their two-day session. Chester C. Davis, AAA admini strator, told newsmen as he emerged from the meeting that "I think the principles in this report will do the job." Rental, Withdrawal Program Included These planks were in the seven-point program: 1. Congress would empower the secretary of agriculture to provide for rental and withdraw (Turn to Page 2, CoL 8) Japan Seeking to Prolong Parleys TOKYO, Jan. 12-( Sunday )-jP) -Japan decided today to try con ciliation before walking out of the London conference and dooming continuation of naval limitation. High officials of the navy and foreign offices, meeting in a vi tal late night session, decided to instruct the delegation in Lon don to follow such a course. The Japanese will be told to avoid a direct rote on the com' mon upper Mimit principle and to continue talks with other delega tions. Thus far Japan has firmly de manded parity with the United States and Great Britain and in sisted that this condition be met beforethe conference proceed. These instructions are subject to cabinet approval before they are dispatched to London. A spe cial session of the cabinet was called for 1 p.m. today to act on them. Wife of President of , Pacific U. Injured in Odd Accident; Gassed PORTLAND, Ore., Jan. ll-flV Hospital attendants said today Mrs. John F. iJobbs, wife of the president of Pacific, university at Forest Grove, was recovering sat isfactorily from an accident which nearly cost her life yester day. Dr. Dobbs found her uncon scious in a gas-filled kitchen at the Dobbs home. She was reviv ed by an inhalator. Mrs. Dobbs was rendered unconscious in a fall from a chair and .in falling overturned a pan of water which extinguished the blaze In the gas stove. , ' Union County Demo LA GRANDE, Ore., Jan. 11.-(ff)-Union county now has 435 1 voters registered as democrats and 4310 republicans, compared with 3912 democrats and 4025 republicans in 1934, County Clerk C K. McCbrmick reported 1 BABY BONDS FOR VETERANS NEW PLAN ills, ill I if i - " ' Aj"- f t 44 The three senators shown in this Si eral days ago, are now reported to be sponsors of the new substitute senate bill which would call for payment in "baby bonds." The senators, in the lower row, are from left, Bennett Champ Clark of Missouri, James F. Byrnes of South Carolina and Frederick Steiwer ,of Oregon. The upper row in cludes from left, Ray Murphy, American Legion head; James E. Van Zandt, Veterans of Foreign Wars chief, and 3L A. Harlen, commander of the Disabled American Veterans. Willamette River Funds Are Sought Dredging and Revetments In This District Are Favored by Chief WASHINGTON, Jan. 11. -(IPf- New appropriations totalling $5,- 563,900 for maintenance and new work in the first and second Port land engineering districts for the fiscal year of 1937 were recom mended today In the annual re port of the chief of army engi neers. Reauestine an aDDropriation of 12.425.000. the lancest single item listed for the two'districts. the chief of engineers outlined the program for Bonneville dam. Following Bonneville, tne sec ond largest amount was for new work and maintenance of the Co lumbia and lower Willamette riv ers below Vancouver, Wash., and Portland at 1790,000, of which $50,000 would be used for new construction in completing the ex isting program of dredging aux iliary channels at St. Helens and increasing the channel depth of the Columbia from the mouth of the Willamette to Vancouver to 30 feet with the same depth of turning basins at Vancouver: Among other items on wnicn Major General E. M. Markham, chief of army engineers, said amounts could be spent profit (Turn to Page 2, Col. 4) Over 300 Dead in Colombia's Quake BOGOTA. Colombia, Jan. 11.- MV-Officials estimated upon the basis of fragmentary reports to night that more than 300 persons are dead and nearly 3,000 nome-Ihm- in earthauakes and land slides which have shaken Narino department since Wednesday. A government relief party which flew today to Pasto, capi tal of the department, was forced to travel from there to the af fected .area by. muleback over nthorwise imnassable roads. One 'survivor of a landslide which obliterated the tillage of T.a nborrera said he witnessed the destruction from a neighbor ing hillside. Smoke and lava poured from a huge crater after the slide, he said. The damare from the earth nniV and slides was estimated at annroxlmatelv S3. 500.000. The senate today voted 3100,000 for relief work. Duncan Cameron Gets in Trouble in Canada Too PORTLAND. Ore Jan. 11jUPI -Immigration .inspectors learned here today that Duncan P. Cam eron, deportee and former minis ter at Cottage Grove, is serving a sentence of one year at Okalla pri son farm in Canada on a charge of obtaining -money under false m-etensen. Duncan escaped from the Oregon state hospital at Sa lem hi September. He was later arrested on a check charge In Se attle and deported. . ! -. J J -1 s f picture, made during a conference Baby Bonds to Pay Bonus Are Now Proposed WASHINGTON, Jan. 11 (P) Baby bonds for veter ans, with premiums for those who do not cash them Immediately, were reported tonight to lie at the heart of a bonus measure which had been drawn up secretly in the senate for introduc tion Monday. The cash pay ment bill overwhelmingly passed by the house yester day did not Specify a method of payment. Authoritative word was, however, that it would be put forward as a compro mise for the house bill and would bear the names of Chairman Harrison (D Mis6) of the finance com mittee, and Senators Byrnes (D-SC) Steiwer (R-Ore) and Clark (D-Mo). "If that is so," observed Senator Borah (R-Ida) , "whatever bill they frame will be passed and become taw." Ex-Mayor Hylan Of Gotham Dies NEW YORK. Jan. 12.-(Sun-1av WiPWFormer Mavor John F Hylan died of heart trouble at his home in Forest Hills early Hylan was mayor of New York city for eight years. He was first elected in 1917. The death of the former mayor was announced by his son-in-law. John Sinnot. Hvlan was a Justice of the chil dren's -court at the time of his death. He was 67 years old. ti . ,V-: ::. : Z Board of Pardons Refuses Clemency, Hauptmann Case (CopvrijrM, 193S, by AitoUte4 Pre) STATEHOUSE, TRENTON, N. J., Jan. ll.-;P-The state court of pardons decided tonight that Bruno Richard Hauptmann must die for the Lindbergh baby mur der. After an all-day session the court issued a terse announce ment that Hauptmann's applica tion for clemency "was today de nied." Governor Declares Reprieve Illegal The decision ended all but the most forlorn of hopes " for the Bronx carpenter to escape the electric chair next Friday night. Hauptmann in the death house received the news "very coolly," the prison warden said. He told the warden: I have always told the truth. I can tell no other story." The prisoner "stood up Tery well" under the news, it was said by his attorneys. , His only hope now lies either with Got. Harold G. Hoffman, or the courts; and both hopes are desperate ones. ; The gorernor might delay the execution by a reprieve -of J not ?'? ,J t - . i .;':.: ' y ' ft on the veterans' bonus bill sev Child's Death Not Due to Cathartic Noted Chicago Professor Comes "West to Study Silverton Case SILVERTON, Jan. 11. Dr. Bernard Fontus, professor of the rapuetics and of pharmacology at the University of Chicago, togeth er with Dr. M. L. Brldgeman. of the University o'. Oregon, has been in consultation with local doctors at Silverton this week on the al leged cathartic poisoning case which proved fatal to Bruce Bald win, two-year-old son pf Mr. and Mrs. Ralph Baldwin, a few weeks ago. Dr. Fontus, before leaving here Saturday afternoon, stated that on further investigation it was. found that death was due to a form of pernicious vomiting which occurs in susceptible children. In view of the facts, Dr. Fontus ex plained, that the child took the overdose after he had begun to be ill and the symptoms under which he died were entirely dif ferent from those resulting from an overdose of phenolphthalein, the deduction was that the medi cine did not cause the child's death. ' k Came West Just to Study the Case The case attracted considerable attention at its occurence here a few weeks ago. The little boy had not been feellnp well and was giv en a portion of a chocolate medi cine tablet. The child, believing he had been eating candy, later hunted up the box containing the tablets and ate 14 of them. Some hours later his illness took a se rious turn and five days later he died. At first it was believed the (Turn to Page 2, Col. 2) more than 90 days but even this power is doubted both by the gov ernor and the attorney generaL Governor Hoffman would make n comment tonight either con cerning the possibility of a re prieve or the action taken by the court. . . Three Courses For New Appeal Open Hauptmann's chanee for fur ther delay through the courts lay in three directions: A habeas cor pus action in federal court, an ap peal for a new trial to Justice Thomas W. Trenchard, the aged Jurist who sat on the bench dur ing the Flemington trial at which Hauptmann was convicted; or a new request to the United States supreme court to review the pro ceedings. This was rejected once. Under the., traditional rules ot the board of pardons, all members of the board and all those who participated ' in the hearing are bound to hold In confidence all proceedings of the board. This regulation effec 1 1 v e 1 y cloaked the events that took place in the chambers of the court of errors and appeals in the state- house annex . where the bearing took place. . it 3 Santiam Drops After Highway Is Threatened Breaks Out of Banks in . Jefferson Area J and " Floods Lowlands Riverman Here Narrowly Escapes After Raft of Logs Loosed . ' The Willamette river last lht continued its second sharp rtss within a week to reach 16.8 feet at midnight and give promise f ' still higher water today. -The Uni ted States weather-bureau 'pre dicted It would go higher Aoitf and probably Monday and "ap proach" the 20-foot stage. A sudden 1.5 foot drop .o the Santiam river at Jefferson be tween 5 and S p. m. yesterday les sened the likelihood of the Wil lamette's reaching a hight that would endanger great areai ef lowlands. The Santiam was re ported standing still at 12:5 feci at 8 o'clock, state police reported. Unlikely to Flood Highway, Verdict . The Santiam appeared unHtely to flood the highway along the flats south of Jefferson, the troop ers said after the 8 p. xa. sur vey of road conditions. The stream, however, had broken out of its banks on the west side and was reported rushing through the bottom country and to a level about six feet above the highway - grade. First river water to cover the Pacific highway was reporte-l t state police by bus drivers, wbo said the Willamette was sending a few inches of water across the . highway at two spots about five miles south of Junction City. .A riverman believed to be John D. McCulley, narrowly ' esnped with his powerful launch shvtly be'ore 5 o'clock yesterday :fter noon when a raft of logs he was towing downstream vh:ppe4 around and caught on one of the central piers of the Salem-West Salem bridge. It was believed the logs were destined for the Ore gon Pulp & Paper company plaat, by whom McCulley is employe. The launchman after dropping hi tow was able to salvage a large proportion of it later. Rises Nearly Four Feet Since Morning The midnight stage of the rver here last night represented si iJS foot rise from 7:20 o'clock yes terday morning and a 1.7 foJt la- crease after 5 p. m., according te readings taaen Dy Kicnara u. sin ter, official observer. Rainfall daring Saturday Brav ed light, amounting to only .1S inch. In the 24 hours prior te ff a. m. yesterday, the downfall had been heavy, totaling 1.34 inches in 24 hours. Heavy precipitation resumed last night accompanied by high winds. January, 1934, rainfall marks have been broken and another day's heavy rnins would make the total for this month exceed the mark for Jan uary. 1935. i Two roads out Of Saverto -- were under water last night. The Abiqua was flowing at a depth . ot a few Inches in' several places " across the short route to Port land and more than three test of water from Pudding river was crossing the old Salem-Silverton road. Stream in Polk Not Threatening In Polk county the smaller streams were not threatening to reach serious heights, state police reported. The Luckiamute river had dropped two feet late yester day afternoon at the Junction ot its branches. The level ot Rick reall creek was sflll more than (Turn to Page 2, CoL t) . - Maerz Injured in Auto-Cycle Crash A spectacular automobile - mo torcycle collision at Cottage and Center streets sent Enoch Maers. air. of 111 Third i street- Wst Salem, to Salem Deaconess hospi tal shortly after j o'clocfc lat night for treatment! of exseyere . fracture of the left leg. Hefpjj&l attendants reported ! t b er Vws hope that amputation could b avoided although Maers suffered, a compound fracture of hour, bones, between the ankle and the k knee.. Maers was a prominent ath lete at Salem high school several years ago.1 ?-:-t::: t J y.- : - City police later announced that a complaint charging r e e k le s r driving would be issued Odar, against George Tucker, 2510, La rel avenue driTer of the autino v. ,4 -bile with which Maers motorcycle collided. Maers was! to sign she - . complaint, they said J He is delf:?' eryman for the Little Lady store. This is the same intersection at . which Orlando Howard Carson. 64, a pedestrian, was struck ana v k 11 Led by. an automobile New Year's eve,.. . . - - i