fiilfo&mifl sum
. Weather
Cloudy and cooler today
becoming unsettled Son
day Max. Temp. Friday
M, Min. 89, iriver 8.2 feet,
rain .21 Inch, south-south-
Sunday Features .
Comic section, sports sec
tion nd many special
features are included In the
Sunday Statesman. Get your
copy each week.
west wind.
POUNDQO 1651
EIGHTY-SEVENTH YEAR
Salem, Oregon, Saturday Morning, December 18 J.937
Price 3c; Newsstands 5c
No. 228
eMoo
II II It Ay II
to
age-Hour Bill
Senate
Outside Water
Rate Valid. Is
anion
Lamport Asks Board to
Rescind Order, Avoid
Action in Courts
State Commissioner Has
... not Authority Over
- City, Contended
Threat ot court action in a pro
test letter inspired the Salem wa
ter commission last night to re
quest City Attorney. Paul R.( Hen
dricks to prepare a written opin
ion as to whether or not its order
adopted two weeks ago increas
ing water' rates "to consumers out
side the city was valid.
The objector, Frederick S.
Lamport, Ben Lomond park, ad
vised the commission by letter
that,the city had agreed with Pub
lic Utilities Commissioner Frank
C. McCellocb at the time it pur
chased the water system in 1935
not to discriminate against cus
tomers . outside the city in the
matters of rates and character of
service. Lamport asserted 100
bther water users had carried
their' protest to him. . -
"I trust, Lamport wroter,
"that you will cancel the order
that was entered and save us the
the courts for relief."
Opinion Obtained ,
From W C Winslow - ' '
Manager Cuyler VanPatten re
called that City Attorney Hen
dricks had ruled orally that the
utilities commissioner had no
jurisdiction over the city and had
had no right to attempt to im
pose any' restrictions on- the city
at the time the water system was
bought under' federal court de
cree. ..- ' - .
While the. commissioners
agreed the city attorney by virtue
of his "official capacity should be
asked to rule on the validity of
the .. utilities commissioner's ' at
tempted intervention, they had
before them last night an opinion
prepared for Chairman E. B. Ga
briel by W.C. Winslow, one of
. the attorneys who represented the
city. Jn the - condemnation pro
ceedings, j
After -citing numerous ?court de
cisions and the Oregon statute in
point, Winslow concluded:
"We do not believe it could be
contended successfully by the pub
lic utilities commissioner, or by
anyone else, that th citizens of
' the city of Salem are required to
bond themselves for a million or
so dollars to go to the mountains
to acquire a supply of mountain
water, and then furnish It, at
the same rate they furnish it to
the users. within the city of Sa
lem, to people outside the city
limits who bear no part of this
bonded Indebtedness other than
as they may pay it through their
rates."
Courts Ilave Ruled " '
City Has Authority ' " -
Winslow's opinion also de
clared the courts had ruled that
. it was within a city's authority
' to establish varying water rates,
! such as within and without the
- city, as long as there'was no dis
crimination as to customers with
(Turn to Page 2, Col. 3)
0!
dditicc
. . in the Netcs
. .NEW YORK, Dec. 17-3l)-Lor-cnzo
B. Brown, assistant post
master of Jamaica, said today be
would like the public' to . know
he made a mistake two years ago
when he buried a man In the
Brown family plot in Springfield
cemetery in the belief it was his
brother, Clarence.
Clarence, it appears, turned up
alive last Friday to the astonish
inent of Lorenzo who had spent
$400 on the stranger's funeral.
However, he said, be won't dis
turb the stranger's rest.
Incidentally, the real Clarence
has vanished again. Lorenzo said
it's a habit he acquired when he
was about 17. ,
, TALLAHASSEE, Fla., Dec. 17
-PJ-It's up to the supreme court
now whether the brush salesman,
the book agent, the boys working
their way through college may
vunch doorbells in residential
New Smyrna .beach. - '
The city has a law which says
they mustn't. Horace prior,
brush salesman did, and - was
convicted in municipal court. Al
fred A. Green. Prior's attorney,
said the statute is ' unconstitu
LesalOii
tional. He appealed.
Passes
Arany Airport fi id Is
Backed by Cif.mittee;
Decision - Due Monday
Higher Bid, Qualifications Considered (Chairman
Says; Climax of Several Weeks':
Negotiations in Sight
It will be the recommendation of the airport committee
of the city council to that body Monday night, December 20,
that Leo Arany be given the lease of the Salem municipal
airport, according to information released yesterday by the
committee's chairman, Alderman E. B. Perrine and asso
ciate members L. G. LeGarie and J. H. Nicholson..
O "After due consideration to the
Bearcat Acquires
Revenge on Angel
Score 36-25 With Ace of
Mt. Angel Victory Here
Held to Lone Goal
MT. ANGEL. Dec. 17 Wil
lamette's galloping Bearcat bas
keteers snapped back into win
ning form tonight,; walloping
Mount Angel college, 36 to 25,
on the Angel floor. The entire
squad of 1 3 men saw action as
Mentor Howard ' Maple's charges
moved into the lead at the out
set, and held it all the way.
Big Bill Anton snapped into
his best form of the season, and
although garnering only six
points, was a tower of strength
under the backboards and on all
around defensive play.
With Walt Weaver likewise
doing yeoman work on defense,
the .Bearcats left their point-making
up to Billy Beard, and the
fleet forward came up with five
field goals and a free throw, for
11 points.
It was sweet revenge for the
three-point defeat by the Angels
Wednesday night, but a different
Willamette ball club, plainly
(Turn to Page 2, Col. 2)
Hawkins Receives
Penalty of Death
MOUNT VERNON, Wash., Dec.
17-;p)-CaIraly, with a slight, fix
ed smile, Clifford Hawkins. 25-
year-old farmhand, today heard a
superior court jury return two
verdicts of first-degree murder
against him, each carrying a
mandatory death penalty, for
shooting Earnest and Floyd
Grimm, brothers.
The 10 men and two women
deliberated only an hour before
returning the verdicts of convic
tion. '
The state alleged Hawkins shot
the Grimm brothers when they
objected to his intimacies w i t h
their 13-year-old sister, Edith,
who was a star witness against
him. Hawkins claimed he shot the
two youths la self defense, bury
ing their bodies on the farm. :
. OSC Holiday . Starts
CORVALLIS, DeC 17 - UP) -
Term ' examinations ended and
Christmas vacations ; began for
Oregon State college students to
day. The fall term enrollment of
4068 students was the largest
in the school's history.
City Hall for Unemployment
Sig
nup.
City councilmen were being
polled yesterday by D. D. Dotson, i
office manager of the Oregon
state employment service, in re
gard to obtaining the use of the
council chambers for a period of
from two weeks to a month for
the emergency created by the
unemployment compensation law.
Under this law, according to Mr.
Dotson, ' It will be necessary to
register and make out applications
for from 2000 to 3000 unem
ployed whose ptevioua employers
have been, paying into the unem
ployment fund.
-According to Manager Dotson
a formal petition will be present
ed to the city council Monday
night, asking for the use of the
council chambers. He indicated
that the registration and filing of
applications waa a community af
fair and that the council should
be willing to turn over Its cham
bers. ' !
Consensus of opinion of coun
cilmen Interviewed yesterday was
Recom mitted,
Fam Meam re
facts that Leo Arany has just as
good recommendations for, the
job as has Lee Eyerly, that his
bid is twice that of Eyerly's and
that Eyerly at one time during
negotiations with the city council
implied that he didn't wish the
lease on the airport, the commit
tee decided to recommend to the
council that it accept Arany's bid
for the lease of the airport," said
Committee Chairman E. B. Per
rine yesterday. ; -
(Turn to Page 2, Col. 1)
Verd Sehrimk Is
Called Suddenly
Monmouth Marshal , Since
1930 Served Overseas
in Aviation FoiqeftQ1
MONMOUTH, Dec. 17 ' Verd
Shrunk, 38, city marshal of
Monmouth and Polk county con
stable, died today at the Veter
an's hospital in Portland. Ten
days ago he underwent an opera
tion for gall bladder trouble and
was thought to be recovering.
November 20, 1937," Schrunk
figured in headlines when he and
Glenn Halliday, fire marshal,
shot fatally a burglar1-who had
broken into the Halliday garage
here and then attempted to es
cape, after pointing a pistol at
Schrunk and his wife. The bur
glar turned out to be Francis
Russell Bickfordy.22, j of Salem.
The fatal shooting occurred in
front of the city hall here, .
Schrunk was born in Danbur-
ry, Iowa, January 2, 1899, and
came to Oregon with his parents
when he was 13. He attended
high school in Independence
where he was outstanding in
basketball and baseball. He en
(Turn to Page 2, Col. 7)
NLRB Must Alter
Program, Is Held
TOLEDO, Dec. 17 -(P)-A. D.
Chisholm, Portland, president of
the Industrial Employes union.
said today criticism and congress
ional action might force the Na
tional Labor Relations hoard to
modify its program.
Continued opposition to the
NLRB and rival unions has been
favored by the majority of 400
IEU employes of the C. D. Johnson
Lumber company, Chisholm said.
An NLRB hearing of company
unionism charges against the IEU
and Johnson company was inter
rupted when John Babe, NLRB
attorney, was called to Washing'
ton.
Attorneyship Issues
to the effect that there was ade
quate room in the old high school
building, - which holds the execu
tive offices of the bureau, for the
work necessary. Council members
indicated they did not feel they
should embarrass officials in the
city halt with the noise and eon
fusion that would ; ensue if the
chambers were turned over to
such. a project :
.While Alderman E. C. Good-
enough yesterday did not either
affirm or deny rumors that he
intended to resign from the conn
cil on January a In order to run
for city attorney, several members
of the council expressed the opln
ion that he was definitely a can
didate and had definite support.
It is the feeling that a caucus ot
the council will he held during
the afternoon preceding the form
at meeting of the council, and if
Alderman Goodenough has the
necessary support he will resign
and his successor be elected im
(Turn to Page 2, CoL 6),
Setback Given
New Deal but
Margin Small
Means Death of Efforts
Warns Rayburn When
" Ballot Imminent
Normal Granary Bill Is
Sent for Conference
With House Group
WASHINGTON, Dec. 17. -()-
The combined, house votes of
southern democrats and northern
republicans disrupted President
Roosevelt's special session pro
gram tonight by sending back to
committee the bill to establish
minimum wage and maximum
hour requirements for interstate
industry.
The vote, 216 to 198, brought
the career of that battle-scarred
fflfcasure to an abrupt, if possibly
temporary, halt and evoked a tri
umphant roar of applause from
the southern bloc, members of
which anxiously kept tab of the
balloting as it progressed.
Technically, the measure was
sent back to the labor committee
for such revisions as would bring
it in line with the views of the
house, but actually, there were
few who doubted that the bill was
dead for many months to come.
Administration leaders, though
confident to the last minute of
(Turn to Paso 2. Col. 1)
- t- - ... ..:" -
Shortage Claimed
In Prison Account
BOISE. Idaho, Dec,-17 -Up)-
An audit of Idaho prison records.
demanded by Warden. Willian H.
Gess under fire since the sui
cide leap of. triple-killer Douglas
Van Vlack five hours before his
scheduled execution -disclosed a
$1,621 shortage, a bureau of pub
lic accounts examiner, Karl .Ev
ans, reported today.
Evans said the - audit covered
records from March 23, 1937.
when Gess was appointed, to the
present time."
Gess, - who denied responsibil
ity,- had previously said be was
"not satisfied with the condition
of records at the prison."
Meanwhile, Atty, Gen. J. W.
Taylor declared he was "prepar
ing to apply to the state supreme
court for an alternative writ of
mandate to remove Gess."
The warden was ordered oust
ed by the prison board four days
ago," out ne reiusea to quit.
I . ;
Old Hops' Owners
Must Sign up for
Diversion, Warned
Hops which are to be divert
ed from normal use tinder the
Pacific Coast Hop, Stabiliza- -tion
corporation's recently com
pleted agreement with the de
partment of agriculture mast
be acquired by the corporation
by December 81, according? to
word received Friday night by
William S. Walton, local di
rector. Hop growers who are al
ready signed wp with the cor
poration will receive the prop
er blanks, Mr. Walton ex
plained," but growers who are
not, bat who have bops of
1934 or prior years they -wish
to dispose of tinder this plan
are advised to obtain blanks
without delay.
- Tbese blanks may be ob
tained from Mr. Walton at the
Ladd A Bosh bank, from C W.
Paulas at the T. A. IJvesley A
Co. office or from H. W. An-,
'derson at Eugene. ,
The government win pay $7.
a bale for the hops to be divert
ed from normal nse.
Otto W. Metschan
Dies at Portland
PORTLAND, Dee. 17.-(P)-Otto
W. Metschan, 59, native Oregon
ian and hotel executive, died to
day after seven years of illness.
One of five sons of Phil Met
schan, sr., founder ot the Imperial
hotel, Otto Metschan survived an
attack by Piute Indians on Canyon
City settlers when three weeks
old. ......
Surviving are his widow, a son,
four brothers and two sisters.'
Read Riot Act
Martin Advice
On Labor War
Goon Government' Must
Be Combatted Avers
State Executive
Inman-Poulsen Cargo Is
Shipped; Boycott Is
Effective, Claim
PORTLAND, Dec. 17-yP)-Lay-ing
aside his typewritten text to
"deliver a few shot s,' Gov.
Charles Martin issued fighting
orders to the combat troops of
law and order in an address be
fore a joint meeting of sheriffs
and district attorneys of .Oregon
today. -
"These gangs that riot and de
stroy property," he s n a p p e d,
"Don't let 'them surround your
officers and render them help
less. Stand off at a respectful
distance and read the riot act to
them in a loud, clear voice.
They'll take it In, and the
reading of the riot act puts them,
all outside the law. Then order
them, in the name of the state
of Oregon, to disperse. If they
don't, then go into 'em and beat
hell! out of 'em,"
The governor said it was nec
essary to combat a "super-gov-ernnient
of gtons and gangsters"
endeavoring to destroy the cap
italistic system, set up production
for use and "put all the little
manufacturers out of business."
"These gangster leaders are
brutal and selfish in spirit, and
their hands are bloody as those
of the pirates of old. They are
making many fine workmen walk
kthe jrtank . . . .
PORTLAND, Dec. 17-Up)-De-
spite the opening of two saw
mills this week, the approach of
Christmas found little optimism
in Oregon in regard to a possi
ble HtreaTta the protracted AFL-
CIO jurisdictional dispute which
tied up local mills in August. "
The Inman-Poulsen plant,
which re-opened Monday, shipped
its first cargo today aboard the
steamer Andreas, bound for Ja
pan. Officials said the AFL boy
cott has proven effective, result
ing in a cancellation of a mil
lion board feet in orders received
prior to the victory of the CIO in
a plant election last week.
The mill,, normally employing
600, increased -- Its opening crew
to. 184 men today. 7
The West Oregon mill operat
ed for its second day, with a full
crew of S75 under the CIO.' It
concentrated on fuel production.'?
Second American
Note Sent Japan
TOKYO, Dec. 1 8-( Saturday )-
(JP)-The Japanese foreign office
disclosed . today that- U. S. Am
bassador 'Joseph C Grew had de
livered a second American note
in connection ' with 2 the sinking
of the gunboat Panay. :
f The nature of the new repre
sentations was not ' made known
but they, were reliably understood
to concern reports that the Yang
tze river patrol ship had been
machine gunned by' Japanese
launches ' before it sank under
the pounding of aerial bombs last
Sunday, .
The note also waa believed to
nave; carried, a - strong protest
against the reported boarding of
the Panay.' by Japanese officers
before 'it went ' down about 20
miles upriver from Nanking.
loyalist Annies
Surround Teruel
.' r MADRID, Dec. lg-(Saturday)
-(ffJ-The government today an
nounced its troops had surround
ed and laid siege to Teruel, lo
cal point ot a; daring ' drive in
bitter weather against heavily en
trenched insurgents.
Teruel, in eastern Spain 135
miles east of here and 70 miles
northwest of Valencia, marks the
tip of an insurgent wedge driven
down toward the Mediterranean
coast In an effort to cut off rat
alonia : from other government
held territory.
The government hailed accom
plishment as a great victory for
troops who fought through snow
and sub-freezing temperature. -
Buchanan Benton
Flood Spokesman
CORVALLIS. Dec. 17HUPV-
Claude r Buchanan, : president of
the south ' Benton district ' im
provement association, will act
as spokesman for Benton flood
control groups at a hearing of
the Willamette flood control pro
ject at Salem Monday. .
Federal engineers will - hear
reasons for the project.
Resigns as Coach
Athletic Board
TTfpnsinsniiijjiiinjii
(
) vyr'a
1
akilMviai
PRINCE G.
Alcatraz Escapes
Believed Perished
But Search la Continued;
? Possibility of Help
From Outside Slim -
SAN FRANCISCO, Dec. 11-JP)
The shadow of uncertainty still
hovered tonight over Alcatraz Is
land's reputation as an "escape
proof" prison but Warden James
A. Johnston concluded that, the
two desperadoes who vanished
from It "yesterday '"escaped' only
in death.
Johnston conceded there still
was a "possibility" that the pris
oners, Ralph Roe, 29,' Duncan,
Okla., robber, and Theodore Cole,
25;, Stroud, Okla., kidnaper, re
mained in. hiding on the 12-acre
rock in San Francisco bay.
The probabilities, he said, how
ever, indicated they left the is
land; that they had no outside
help and that they perished in
the treacherous tides, which were
higher and more violent than
usual because of flood waters
from inland rivers. .
'TheyTad only one chance In
a thousand, if they took to the
water,' said searching author
ities. But the tiny speck of doubt
sent coast, guard and police boats
ont into the bay again to search
for traces of the men. Heavy po
lice detachments . patrolled all
possible landing places.
'I doubt if even the most pow
erful swimmers could have sur
vived those currents,' said John
ston. ".And neither of the pris
oners was physically powerful.
Even if they once had been good
swimmers they were out of pracr
tice." ' .- " '
Johnston said the possibility
also existed that confederates in
a boat Came out to meet the
prisoners and escaped detection
in the heavy fog, but that the
likelihood was remote.
John Hamilton Arrive
Monday for GOP Meet
PORTLAND, Dec. 17-(P)-Ralph
E. Williams, republican national
committeeman; said: today John
D. M. Hamilton, committee chair
man, would arrive here at 5:30
p.m., Monday to attend a dinner
meeting of the Oregon Republican
club. .- ' ::
Bonneville Officials Report
Market for all Power Sure
Markets are already in' sight
for all of the power which gener
ators now installed at Bonneville
dam will produce, it was stated
by! Judge John C. Fischer, gen
eral counsel for the Bonneville
administration. In Salem yester
day with Isaac Comeaux, chief
financial advisor and accountant,
who had jnst that day taken up
his new duties. -
It is tor this reason that Ad
ministrator J. D. Ross is asking
for Immediate authority for in
stallation of additional genera
tors, a request in which the war
department is expected , to con
cur. Judge 'Fischer said. He and
Mr, Comeaux were in Salem In
the course of a preliminary sur
vey of the power situation In the
Willamette valley. Here they con
ferred,with Herman Latky, who
la counsel for a number of pub
lic ! utility districts in the state
of Washington. ' :; -.,- .,"--Administrator
Ross has also
been in communication . with the
secretary of the Interior, request
ing an appropriation of $10,0 00,-
of Web foots;
Accepts Proffer
.3 -
J, : V'V
GALLISON
Eye Operation Is
Apparent Success
Chahina Sees but Extent
of Recovery Unsure;
Donor Gets Notice
NEW ORLEANS, Dec. 17-JP)-In
a hushed Charity hospital
ward, Dr, George Haik lifted the
bandage from the surgically re
modeled eye of Frank Chabina,
Jr., 19, today and held up two
fingers. ;.
Quietly be asked: "How many
fingers do you see!"
The figure on the bed sUrred
as the roomful of anxious doctors,
nurses, reporters and cameramen
craned forward.
"Two!" came the answer.
' A murmer, like applause, swept
the room. I
-Dr. Haik half " smiled with
pleasure and held up three fin
gers. "How many?" he asked.
"Three," was thereply .
Dr. Haik was calm. "
"There is some progress," he
remarked. "Now, only time can
tell just how successful this case
will be."
A week and a day ago surgeons
cut a portion ot the cornea from
(Turn to Page 2, CoL 6)
Dog Lovers Won't
Allow Cell Trial
Many people in Oregon do not
believe that a dog should be the
first victim of the state's new
lethal gas chamber now being in
stalled in the penitentiary here,
Judging from letters arriving in
Salem Friday. .
' It was announced earlier . in
the week that a dog would be
used in trying out the new lethal
gas chamber. -
Officials indicated that in view
of the many protests received a
rat might be substituted for a
dog.: t - , . : - V ; .
. Installation of the chamber is
in progress. .
z Cleaning Rifle Fatal .r
PORTLAND, Dec. 17-P)-Wounded
yesterday as he cleaned
a rifle at his Vernonia home, Er
nest Marsh, 24, died today.
000.; to $12,000,000 be made
available for constructing trans
mission lines to various districts
in Oregon. Senator Steiwer baa
been active in supporting this re
quest, but it must be taken up in
congress ' in connection with the
federal budget, which means it
will not come up until early in
the regular session of .congress.
Asked ' concerning rates, the
Bonneville - administration ' offi
cials pointed out that this issue
was necessarily awaiting the al
location of . Bonneville costs as
between navigation and power.
but' recalled a statement by Ad
ministrator Ross that the rate
structure would be 'a simple one
that any child could understand.'
, Repeating his own quotation of
Administrator Ross in a recent
address, Judge Fischer, said:
"Bonneville, dam is not a mag
ic talisman that automatically
brings cheap electricity, the ad
ministrator warned.. The whole
sale cost of power at the' gates
of your city is ' only one-eighth
(Turn to Page 2, CoL S) ,
Action to Fill
Vacancy Waits
January Meet
I--.
Retires f'in Interests of
UO" and Football Says
Brief Statement
Six-Year j Hegime at End;"
Criticism of Recent
Showing Recalled
EUGENE, Ore., Dec. 17-0iP)-Th
athletic board of the University of
Oregon accepted the resignation
tonight of i Prince G. Callison as
head football coach, a position he
had held far the past six years.
His resignation, handed to Dr.
C. V. Boyer, university president
and chairman of the board, said,
simply; "In the interestsrof the
University of Oregon and Oregon
football I hereby tender my resig
nation, my services to terminate at
the end of the present fiscal year ,
(Jan. 30, !l93 8) in accordance
with the notification of my ap-,
pointment.'
Callison -declined to comment
further but indicated he might
make a statement tomorrow. He
refused art; invitation to appear
before the board tonight to dis
cuss the matter further. -
Played in Kose Bowl
Contest of 1019
A member of the Oregon Rose
Bowl team! of 1919, he coached ,
the Medford, Ore., high school
team for- five vears hefnra -iein-
ing the university athletic staff.
He served three years as freshman
coach before being appointed to
his pre&ent position.
Critlcismj of his record was
voiced this I fall by students, who
formed a CCCC (Can Coach Calli
son Club) after the close of con
ference play. The Oregon squad
won four games and lost six.
The board postponed actio
toward selection of a successor. "
untiLJU. January meeting.
Art Center Plan
Has Good Sunnort
Enthusiastic support for the
Federal Art Center project pro
posed for Salem was in evidence
at the meeting of the Salem Art
Center section at the cltyi lj-
Drary Friday night. C. A. Kells ;
was named to head a. finance,
committee i which will start '
campaign soon after the first i
the year. In this connection a
"Mozart ball" was considered to
assist in raising funds. It weuld
be a costume ball, but firther
details were not determined; ,
Dr. Burtj Brown Barker, state
chairman.: and Dr. Danysh. J re
gional director of the art center
project spoke at the meeting, as
well as C. P. Bishop, Dr. Geergt
H. Swift, Lyle P. Bartholomew,
R. J. Hendricks, Mrs. T. A. Lives
ley, Mrs. TjaMoine R. Clark and
Miss Emilx Cromley of Pelk
county. Dr. B. F. Pound pre
sided.,,, j . - . : i
Portland Night Warm
PORTLAND, Dec. 17-;p)-ile-cember
went summerish last
night when ia. minimum tempera
ture of 63 ! degrees, highest ; for
the month since 1933 and warm
er than many August evenings,
was recorded. - - t . 'j .
B
ALL AD E
of TOD Ay!
' !By B. a
i:iOh q be a football coach
and hear the rooters shout "
one's .name; to live a lfe
above : reproach and soar o
Sunday sport page fame; to v
cash each : month a big pay- '
check, work just a few month
in the' fall and then, to set
.it in the neck because soma
gridster muffed the ball. U ,
, .v.;,.. j , - .'
(This motto tl picture not
based on any. actual happen
ings,) j' .
shuus and uses
Christmas Seals
6
Shoppinq
Days Lcftt
G1R-L ' f4k
SCOOT