Circulation Average Daily and Sunday ' , ' for August, 1937 Distribution 8964 Net Paid 8617 MEMBER ABO Weather. Fair today, increasing cloudiness - Saturday, tem pratore . unchanged; Max. Teinp. Thursday 78, Min. 46, river S.6 feet, north west wind. . POUNDQD 165 J EIGHTY-SEVENTH YEAR Salem, Oregon, Friday Morning, September 17, 1937 Price 3c; Newsstands 5e No. 149 .Bete Praiia eiaiacu hi i Morah -Onem Const t&tMton Tbvhato ' With Plea, ior Frpp. Cnuri Mafa.6inie Cop atts FJ 7 Sacredness of' instrument is Theme in Talk ITheory Security Cannot Coincide With Liberty (Assailed by Senator x? ureign xueas vjp posing US Plan Spread With Protection, Says WAHINGTON, Sept. 16-(V Senator Borah (R-Ida)' appealed tonight for the maintenance of "uncontrolled .courts" as the only guarantee that traditional American liberties will .be pre served. In a speech commemorating thei 150th anniversary of the signing of the constitution, he swung- without preface into a discourse which carried his hearers back to the memorable battle of last' winter over the administration proposal to re vamp the supreme court. Borah spoke In Constitution halt here at exercises sponsored by (the Masonic order. His ad dress was -broadcast Still clinging to the objective of a reorganization of the high tribunal. President Roosevelt also will : deliver a Constitution day address tomorrow Bight. Ifi addition - to his remarks on ; the) courts, uoraa assauea as false what he termed a current "pessimistic' theory that eco nomic security can be had only by (sacrificing T?ersonal- liberty. ? He criticized those who, he said, have - been asserting that thei constitution is not a "sacred docnment"" It is sacred, he said, against-all changes except those written Into it by the peo ple. .He referred scornfully to de velopments in the lands of the dictators, declaring that the constitution and free courts to interpret it safeguard America agajnst such experiences. Recent Statements In Germany are Hit And he took brusque exception to the recent statements emanat ingL from Germany concerning the' lights of nazis abroad. Without referring to Germany by name, Borah referred to a "high official of a foreign gov ernment" and declared that offi cial had said "emissaries from his ) .country coming here to preach their doctrine must be protected by bur government, thajt they must enjoy, as it were, -immunity In their efforts; to sow the) seeds of religious intoler ance, race hatred, and arbitrary power among ns." " Borah declared these emissaries will1 have liberty of expression, but if they break the law they will be put on trial "not in, the puppet courts of their-homeland. but in Independent courts , . . Referring again to the need for untrammelled courts, Borah said: 'There is no such thing as se curity for -the masses or protec tion for minority groups, politi cal!! racial, or religious never has been, and W the the nature of thifiga never can be, under any f orin ot government save govern ment where the people through their representatives make the law i aau mivunn - , strue them." - There have been times, he said when "political forces" have mtfrht'to disregard constitutional guarantees, and in fact to "close the courts." Bulwark ApraJnst' -Beizure of Power 'But," he added, "when na tional feeling has run high as national feeling at times inevit ably will when great leaders nave swayed with the storm as great leaders sometimes do the supreme court tribunal created by 'the fathers has remembered the constitution and thrown its shield , about all who sought its protec tion. .... . , . f When, in tne naste oi seat oi (Turn to Page 12, Col. 5.) : Roosevelt and Vandenberg Talk : On Constitution (By the Associated Press) evelt and Senator Vandenberg (R-Micni m meir cuusumuvu "debate" will be broadcafc-- All networks will carry the president's speech beginning at 9:30 p.m. (EST) tonight (:30 n.m. Salem time), i WEAF-NBC will broadcast an address of Senator Vanden - berg at 1 P.n- (ST) today (10 Vn: Salem time), and CBS will broadcast his speech : to morrow night t t:M (EST) : p m. Salem time). Leads in Debate On Constitution WIIXIAM E. BORAH Dockmen Soon to Get CIO Charter Only one Sawmill Running in PortlantI; Reign of Terror Is Denied PORTLAND, Ore., Sept. U-JP) -Possibility of another major la bor split loomed today with word that a CIO charter for the Port land local of the longshoremen's union was en route by mail. John Brost, local longshore men's union president, said he had been informed by Matt Jlee han of Seattle, coast secretary of the longshoremen,' that the char ter had been mailed, and probably would be installed next week. Brost said Meehan Intended to come to Portland to attend a meeting of CIO sawmill workers Saturday. The AFL-CIO sawmill fight was (Turn to Page 12, Col. 2.) "Yes-Man" Parrot Of De Mille Dies HOLLYWOOD, Calif., Sept. 16- (ffV-Cecil B. DeMiUe's most cloy ing and annoying yes-man,' "Molra," a parrot, was killed today- "Moira" was recently banished from the lot by DeMille's order. Some of the fun-lovers on the set taught the bird to say, "Yes, DeMille," and thereafter t rot forgot everything else it knew. "Moira" was brought to loca tion where the battle of New Or leans was being filmed for "The 1 Buccaneer." A gun-carriage ran over it. DeMille swallowed his huge hatred of "Moira," ordered a de cent burial hi the pet cemetery. Inquest Ordered In Hunting Death NORTH BEND, Sept. U.-iJP-Coroner Ennis Keizer of Coos County said today an inquest would be called in the death, of Oval "Buck" Engdahl, 19, fatally Injured last night by a rifle bullet while hunting snipe with a com' panion, Frank Kurdna. ! The report received by officers said Engdahl was walking in front of Kurdna when the latter's run discharged accidentally, the bullet striking Engdahl in the rear of the skull. ; Kurdna, the report said, carried his injured companion a mile to the Southern Pacific railway bridge where help, rushed on handcar, arrived too late. ftgseer- FR Request for Resignation Of Hugo Black Being Talked WASHINGTON, Sept. 16--Talk that President Roosevelt might ask Justice Hugo L. Black to resign from the su preme court was heard in the capital today amid new and bit ter criticism of the Alabaman's alleged Ku Klux Klan member ship, v The Washington Evening Star said the impression was growing that the president would adopt such a course unless he receives a flat denial from Black that he had been a member of the hooded order. " , Discussion of possible presi dential action in the case high lighted a number of develop ments. Including a hint from Representative Fish of New York, that a thorough investi gation" might reveal a number t southern democratic congres Munitions Are Halted, . First Embargo Step Planes and Pistols not to Go to China Upon US-Owned Vessel This Nation Is Asked to Join With League in Mediation Study SAN PEDRO, Calif., Sept. 16 () China-bound war planes and pistols were halted in Los Angeles harbor today in the first enforce ment of this week's presidential decree. Nineteen military airplanes and two cases of revolvers consigned to Hong Kong, and two cases of cartridges consigned to Saigon, French Indo-China, were removed from the government owned mer chantman Wichita, which put in here today for fuel en route to Manila. Capt. John Valentine Redmond said this part of his cargo was un loaded to a barga on orders to him from his home office in New York. "We are not going into the far eastern war zone," he said. "We will take on fuel oil later today or tonight and then move (Turn to Page 12, Col. 2.) Early Pioneer of State Dies at 81 Mrs.T. E. Abrams Resident Here Most of Her Life; Funeral Saturday Mrs. T. E. Ahrams, early Ore gon pioneer, died at her home yesterday, at 81 years of age. Funeral services will be held at Rlgdon's Mortuary at 11:00 a. m. Saturday with Dr. J. E. Milligan conducting. Burial will be in the family plot in the Odd Fellows' cemetery. Mrs. Abrams was born Sep tember 20, 1855 on the dona- tiQn land claim of her father, Jofe&ua Witten, on what Is now Division street between 82nd and 40th Btreets in Portland, Oregon. Heir father crossed the plains in When she was eight years old, her folks traded their land claim for a grist mill on the banks of the Willamette Slough at Salem, and later moved to Lincoln where they built a grist mill and sawmill, which were , (Turn to Page 12, Col. 2.) Constitution Day Will Be Observed Observance of the IB 0th anni versary of the signing of the United States constitution will be held in Salem today, with a pro gram at 10 a.m. in the auditorium of the new Salem high 7 school building under sponsorship of the Marion County Bar association and veteran's organizations. The program will include: Music by high school band. Gor don - Finlay, director. Invocation by the Rev. George H. Swift. Com mentaries on the constitution by Charles A. Sprague. Closing mu sic by Salem band. Justice John L. Rand of the state supreme court will preside. V ,' All state, city and county of fices will be closed, as well as the fbanks and schools. Business houses aside from banks will re main ppen. sional leaders in the ranks of the Klan. Word also came from Boston that Patrick Henry Kelly, Bos ton attorney - and a member of the supreme court bar for many years, had challenged the le gality of Black's appointment to the bench. Kelly announced he had filed an information with the high tribunal contending there was no vacancy in the court's membership for Black to fill and that he was automatic ally eliminated from appointment because he was a ' member of congress when "emoluments" for supreme court justices were "in creased." In Chicago, Hugh S. Johnson ot NRA fame warned an audience that the, nation is moving to ward as rigid a dictatorship as (Tarn to Page 12, CoL 5.) 4; Constitution's Makers Weary, Worried Group After Completing Task One Looks Ahead to Today, 150 Years Later With Question as to Whether Nation May Endure; Washington Hurries Home to Harvest By FRANK WASHINGTON. l3ept. 16 stitution rose from their task at Philadelphia 150 years ago tomorrow with the behavior of wrangle-weary men not awed witnesses to the manifestation of a miracle. They were just plain glad made it certain the republic Library Contract Goes to Hoffman Construction Will Start at Once; Cost to Be Around $90,000 L." H. Hoffman was awarded the contract for building the new Willamette university library at meeting of the executive com mittee Thursday. He was the low bidder. Hoffman is now building the postoffice and recently com pleted the new senior high school. He will start work immediately. Eleven bids for the general con tract were received. Other contracts awarded were: H. C. Hastorf, Inc., Portland, plumbing, . heating and ventila tion? Jaggar-Sroufe, Portland, electric wiring; Imperial Furni ture company, Salem, floor cov erings; Art Metal Construction company, book stacks. Total cost of the building, in cluding architects' fees is approx imately 190,000. The library will be located di rectly east of Waller hall. It will be of reenforced concrete, faced with brick. Cyclist Tries to Hook Truck, Hurt 7 m Tillman Houser, while riding his bicycle across the Polk-Mar- fon counties bridge, was severely Injured late yesterday afternoon when he attempted to hook a truck and was thrown under the vehicle. . Houser, whose home is on North Church street, was rushed by the first aid car to the Salem Deaconess hospital where his condition was reported to be favorable at a late hour last night. W. R. Tomison of Silverton, critically injured when struck by a car Wednesday night, was re ported a little better. He is now in the Deaconess hospital. High Schools Are Opened in Chicago CHICAGO, Sept. 16-UP)-Public and Catholic high schools reopen ed today after a nine day exten sion of the summer vacation due to the infantile paralysis outbreak It was estimated approximately 75 per cent of the 165,000 stu dents returned to their classes. Officials deferred a' decision on the opening of the elementary schools since 90 per cent-of those stricken were between the ages of nine and 14. Four new cases and one new death were reported for the. latest 24-hour period, increasing the total number of cases to 242 and the number of fatalities to 20. Snell to Present 1 Exp ert Driver of 94 With License PORTLAND, Sept, 16--T. E. Hills, 94, Garden Home Civil war veteran, who passed the rigid state automobile dm ers' examination without an er ror, was advised today that Sec retary of State Earl1 Sneu planned to make the presenta tion of his driver's license in person. ' , "Mr: Hills can drive rings around a 'good many applicants half his age." examiner Ray Doolev commented. Hills' 27-year-old flivver estab lished its ' own claim to tame last April when it passed with flying colors' an intensive check up at the Portland municipal testing station. The veteran vehicle has worn out one speedometer, and the owner said he had no idea: of its total mileage. I. WELEER (AP) -Writers of the con to get away, hopeful thev had would live, but a little appre- nensive about the problems of fu ture generations. "Can it be supposed.' summed up Nathaniel Gorham of Massa chusetts, "that this vast country, including the western territories, will 150 years hence remain one nation!" Promptly on adjournment, said one historian, thy (the writers) -"u iu cny ravern wnere th-4 dined together and took cor dial leave of each other." That is ouite nossible. lint six members who flatlv refngpd to sign the convention document. uau gone nome m disgust. Ten others quit long before the fin ish, leaving the show to 89 who Turn to Page 12, Col. 7.) Lindy to Become Britisher, Claim To Renounce, Citizenship l.SvTC V m itcpuriea rrom Reliable Source NEW YORK, Sent. 16-UPV-A professional source associated with Col. Charles A. Lindbergh said today the famous flier in tended to renounce his American citizenship and become a British subject. The informant declined to be quoted, or to permit use of his name, but his connection with Lindbergh was an established one. The Lindberghs sailed for Eng land nearly two years ago. Under English procedure it is necessary for a prospective subject to have resided in British territory for five years within the last eight years before application can be made. One of these five years must have been spent continu ously in the part of the British Isles where the applicant is to be come a subject. The application must be signed by two British householders for filing with the home office, which has the final say. The only comment on the citi zenship report from those person ally closest to the Lindberghs came from his attorney, CoL Hen ry Breckinridge, who acted as the (Turn to Page 12, Col. 1.) Donald A. McLeod Reported Missing Officers were conducting a statewide search Thursday for Donald A. McLeod, for the past 18 months an employe of the state department.' His wife and two children live at 1511 Summer Btreet McLeod left his home Wednes day morning and his friends fear that he may have suffered an at tack of amnesia. At the time McLeod was last seen he was driving a Ford two- door sedan, ;nse No. 230-230. He came to Salem from Hood River in January, 1936. Mrs. McLeod said her husband had been in poor health and for several days prior to leaving had suffered from a severe headache. Late Sports PORT L A ND, Sept. 16-yP)-The big bat of Walter Judnich spelled defeat for the Portland Beavers here tonight as Oakland clinched a 7 to 4 victory with, a six-run spree in the fifth in ning. Judnich brought in the initial Oakland run with a homer in the first Then, in the tlfth, with the count 4 to 3 for the Oaks, he greeted relief pitcher Bill Thomas with anothercircuit clout with . two aboard. Larocca, pitching for f the Oaks; allowed only two hits dur ing the last four Innings and gave the Beavers no chance for a .rally. J. . - . Oakland ... .....;.. 7 10 Portland .4 9 1 " Larocca and Ralmondl; Rad onits, Thomas and Cronin. Peiping Front Has Spotlight In OrientWar Two Chinese Armies Are Sent North to Stop Nippon Thrusts Recapture of Lotien Is Claimed at Shanghai; Cholera Menaces PEIPING, Sept. 17-(Friday)-(p) Two armies of crack Chinese central government divisions were reported being rushed Into north China today to end the slaughter of half-armed regional troops and break the Japanese advance to the south. The main body of the Japan ese army of 60,000 men effected the crossing of the Chuma river under the brilliant light of last night's moon and pursued the bravely resisting Chinese rear guard toward Chochow, the new Chinese advance base 40 miles south of Peiping. The Japanese were striking the retreating eight division ot Chi nese provincial troops both in the front and on their right wing. The van of the sweeping 50-mile Jap anese flanking movement was re ported within eight miles of Cho chow on the Peiping to Hankow railway. The Chinese made a determin ed stand at the river but without artillery and airplanes were un able to halt the smooth Japanese war machine. Heavy toll of the two Japanese advance regiments was taken, however, by Chinese machine gun fire as the moon silhouetted the Nipponese on the river bank- SHANGHAI, Sept. 1 6-(iW-RapId Japanese advances in sweeping (Turn to Page If, Col. 1.) Howard's Faction Wins one Victory LOUISVILLE, Ky.. Sept. 16- 0?3) Factional differences within the organization occupied dele gates to the 81st annual conven tion of the International Typo graphical union today while the printers waited restively on a committee report on a proposal to affiliate with the CIO. The members of the "progres sive" group under the leadership of ITU President Charles P. How ard of Indianapolis, who also is a strong advocate of withdrawing the union from the AFL and tak ing refuge under the CIO banner, won a victory today when the con vention adopted a committee re port opposing a plan to amend the union's laws to provide that at every convention an appeals committee be elected. Under the present laws the president ap points members of the appeals committee provided there are no obections, but if there are, then an election is held. The -committee studying the CIO-AFL affiliation proposal is expected to report tomorrow, the last day of the convention. Convict Walks out WALLA WALLA, Wash., Sept 16-j!P)-Edwin Seehafer, admitted frnm Piprr eountv. walked awav from the sfate prison garden this afternoon fnd becamethe object of a widespread search. He had three months left to serve on a forgery conviction. Burk Policy Unchanged Upon Pinbdll Despite Polk Case .No .change in his policy of ar resting any persons attempting to operate pinball fames in Marion county, will result from the letter which Sheriff A. C. Burk received Thursday from Walter Tooie, at torney for pinball interests, the sheriff said in a prompt letter of response. ' Toose; wrote Sheriff Burk in part: . "You will note that Judge Walk er has held that pinbaU games are not lotteries and that their operation- is legal under the II 3 S law when licensed. 5 Most of the district attorneys and sheriffs are awaiting action by the supreme court in this Polk county ease before taxing or threatening to take further action with regard to these machines. "We hold that under r the Schwemler decision the supreme court has definitely' determined the legality ot the pinball game. Judge Walker has but correctly interpreted that decision. Holds big Lead Over Copeland JEREMIAH T. MAHONEY Italy Holds Firm Upon Its Refusal Further Conference May Provide Graceful Way To Join Movement LONDON, Sept. 1 6-(;p)-Italy stood firm tonight on her refusal to loin the Mediterranean "anti- piracy" patrol on any basis but full eduality with Britain ana France. Her spokesmen In Rome said any further move to bring her into; the nine-power Nyon accord, to sweep submarine "piracy" from the Mediterranean, niust come from London or Paris. The deadlocked crisis, born of Spain's civil war, became intensi fied as Britain and France pushed their naval concentrations of al most wartime proportions in wa ters Italians call mare nostrum our sea . In London and Paris states men were likewise firm in asser tions the next overture in the tan gle over "piracy" which both Soviet Russia and the Spanish government have blamed on Italy must come from Rome. A high Italian said in the fas cist capital: "It is useless to talk further of Italian negotiations or proposals In the matter." Diplomats saw one possible way out of the impasse. A con ference of the Nyon powers to morrow to consider aircraft co operation with the naval patrol may give Italy a chance to sub mit "constructive suggestions" for joining the ahti-piracy fleet. The tempo, of French and Brit ish naval activity Bhowed the two countries determined to lose no time In taking virtual command of the Mediterranean. Boy Bites Mouse To Keep it From Going on 'Inside' ROCKAWAY, Ore., Sept, 16. -hort short story, two characters: Boy, 9, tunneling through hay in neighbor's barn at Lake Lytle. Very warm, mouth open. Mouse, frightened by boy, jumps in open mouth. Boy bites. Mouse dies. , "Aw, what could I do? I . didn't want it to run clear down . to my stomach," he reassured i his frightened mother. "Anyway, it was a clean mouse." fit is our opinion tha t the letter of the assistant attorney general with regard to these mat ters can no longer be deemed an excuse or defense for law enforce ment officials, particularly in view of Jadge Walker's decision. "In those counties where con tinued unlawful Interference with oar property- Is threatened, we believe that the sheriff and his bond can be held for damages sustained. Sheriff Burk replied: "It Is the position of this of fice that we take our advice from the duly appointed or elected offi cer to give advice. In this case he is the assistant attorney general. In this county the legality of the machines In question hat been settled in the Arnold and Camp bell cases. "This office win continue to act nnder the instructions of the at torney general and at no time be a party to aiding or abetting the slot machines interests in Marion county or the. state of Oregon." LaGuardia Has Big Lead Also In GOP Tussle Taminifiy Takes Licking J Candidate Refuses to Admit It yet Victory Is Triumph for Roosevelt, Declares Democrat Choice , NEW YORK, Sept, lT-(Prl-day) In New York's demo cratic primary for mayor 2, 050 election districts out of 8,797 gave: Copeland 175,006; Maboikey 815,243; LaGuardia 42.008J In the republican primary 1,950 election districts oat 3,797 gave: Copeland 85,436; LGnr dia 61,041. - NEW YORK, Sept. 17-(.FrWy) -VP)-A growing lead rolling from Boroughs outside Manhattan -appeared early today to assure victory for the pro-new deal cnd idate, Jeremiah Titus Mahbaey over Tammany-backed Royal Copeland in New York's dem ocratic mayoralty primary. Tammany's Manhattan faithful had been all but Inundated, oa the basis of far from complete returns, by the wave of Mahoaey votes pouring out from Brooklyn, ! the Bronx, Queens and Richmond all of whose organization lead ers are followers of Postmaster General James A. Farley. v Copeland, a member of the TJ. SI senate, refused, however, to con cede defeat. "The returns are too meager," he said. "It will be noon, I believe, before a very definite account of the vote can be made " In the republican primary, which he entered In an effort to bring to his support the conserva tives of both parties, Copeland ap peared also to have met disaster. Mayor F. H. LaGuardia, who himself has been friendly to President Roosevelt and support ed him in 1936, had a heavy and apparently safe lead. Tickets Carried By Two Leaders .Both LaGuardia and Mahoney . were carrying their tickets along with them to prospective victory. The LaGuardia running mates were Joseph D. McGoldrick for . city comptroller and Newbol3r ' Morris for president of the city ' council: Mahonev'a wprn Fran- 1. Taylor and Max Schneider; Cope land's, Frank J. Prlal and Samuel Levy. . : The Tammany leadership, it . appeared, had suffered a sound beating always barring any wholly unforeseen contingency that might conceivably change the complexion of the primary with the prospect that the Far ley wing must necessarily have greater voice hereafter in the councils of ancient Tammany. Mahoney 's candidacy resulted directly from the revolt of the ' democratic ' leaders outside Man- , hattan at Tammany's insistence upon running a man regarded -by those leaders as definitely hostile to President Roosevelt. Copeland as a s e n a t or had voted against the new deal, on major Issues and "during most of his campaign he was pictured (Turn to Page 12, Col. 7.) Elder Statesman . Is Seriously HI OKITSU, Japan, Sept. 17-aV Prince Kimmochi Salon!, last of Japan's elder statesmen and long: a dominant factor in the govern- . ment of the empire, was stricken . seriously HI today on a train ' journey from . Gotemba. 4i A stretcher was hurriedly sum- ' moned and used to carry the IS- year-old genro to a' taxi In which he was rushed to his horn here. A specialist was immediately called from Tokyo to attend the prince. The nature of his Alness has not yet been determined. - B A L LA D of TOD Ay By R. C One hundred fifty years age today some wise men signed the paper - they had written, thus ; launching this great . na tion on its way, though some ot them with doubts were sorely smitten since then this struggling land has found - its place, that paper is a : sacred institution; today we fconer those who had the grace U endow ns with a . healthy con stltuUo