. !t Deadline Near
The Statesman will closet
.Its jule of the 48 famous
P tat lag oa May 1. Late
, porchaserse are- coming la
' rapidly. Get yours now.
Weather
Fair today' and ' Friday,
cloudiness near coast, ao
temperature change; max '
temp. Wednesday 68, in la.
84, river 10 feet, tartly
cloady.
PCUNDQD 1651
EIGHTY-UIGHTH YEAR
Salem, Oregon, Thursday Morning, April 21, 1938
Price SerNewsstandVSe
No. 21
Try
ario Power Rate
fo
ystem
.Bb
On
Stale
Heating Plani&ays Van
ion Holds
Project Legal
If Emergency
Board of Control may
Bay Site Despite
1937 Act, Says
Holds Commission Has
Power to Pay for
Equipping Plant
Arf attorney general's opinion
Issued here yesterday possibly
opened the - way for the state
hoard of control and th- capitol
reconstruction commission to ne
gotiate for a site for a central
heating plant - to serve the state
buildisg group. .
The opinion, by Attorney Gen
eral I. H. Van Winkle, ruled that
provided an ! emergency existed
the board of control had author
ity to purchase land or such a
I-lant and the commission, to ex
pend building funds for it con
struction. The state legal adviser's writ
.ten decision varied from an an
, nouncement made at a recent
Ward meeting by Wallice Whar
j ton, state budget director, who
said he understood the capitol,
Opin
commission had no antnonty to
equip the . plant if it were lo
cated off the property purchased
under," the 1937 legislative act
for building expansion.
Land Across 12th .
Street Tentative Site
Land' east of the tate office
building, across 12th street, has
been eyed by the board ot con
trol .and the commission as a
site for the proposed new heat
ing plant. 1 The commission re
cently reported it would have
$160,000 left after paying for
tbe hew library-office building.
Remodeling and enlargement of
the old heating plant has been
estimated at $10 000.
Expenditure of capitol recon
struction commission funds would
be contingent npon the plant pro
viding heat for the n w Btate
capitol building and library and
' office structure or in coopera
tion with the board of control
' in providing a heading plant riot
only to serve the new cap'tol and
library buildings but also other
buildings owned by the stale. ....
Baker; Man Given
Term and Parole
1
BAKER, April 20-;P)-Charged
with embezzling $300 while an
employe ef the World War Veter
ans State Aid commission, War
ren Lemmon, Baker, was sen
tenced to two years in prison to
day by Circuit Judge C. H. Mc
Colloch and paroled to his broth
er-in-law.
I
dditics
. . . in the N etc
, PITTSBURGH, April 20-tfJ)-
ritIsMhrWcal circles today
..... tmmithti idb ; nueiuon urtj u 111-
. - . . . at : Vlll
billy tunes music tnd hillbilly
bandsmen musicians?"
A local muslstan's anion denied
the hill folk admittance to their
organization on ". grounds "that
noise" they created really was
not music -" '
So the "hillbillies" started
anion of their own. -
- Jim Toomey. who jigged his
way from Texarkana, Ark., and
says he is "some pumpkins" with
a banjo, announced 167 of the
hill folk already have signed up
WASHINGTON, April 20-P)
-Art Judges flipped SDO plas
ter models today and picked
design for a new nickel show
1 ng I- Thomas Jefferson ' on the
heads" side and his Monti
cello home on the tafls.,r
Jast . which design iron,
however, may not be an
nounced for a day or two.
There is a $1,000 prize for the
winning artist.
The new nickel is to cater
circulation this fall, replacing
the present "buffalo" which
has served tta minimum statu
tory life of 2S years.
; ROME, April 20-;PHl Duce's
campaign for more Italian tables
has gotten results this year.-
- The official Gazette today pub-
: llBhed figures tor the first three
months ot 1938 showing a total
of 281,629 births compared with
257.030 for the same period last
year. -
The figures represented an an
nual birthrate of .5.8 per 1.0 0
Inhabitants compared with 23.8
for tbe first three aionths of
1937,
: :
'Has- Authority to
Mother Kept his Earnings; now
Son Jackie Stops her Eviction
i
V i ...
x v.
' ,
V
.a
1 -
' a MfrAfctva
Sirs. Lillian Coogan Bernstein, who
" x
i t
7"'-:'"
la connection .with son Jacfcle's suit to recover f4 ,000,000 estate he
vers he earned as child screen star bat never received fi um irfa
parents. Yesterday when a receiver was named for the estate claim
ed, Jackie agreed to let her keep her .three automobiles and remain
In her mansion. - - -
Judge Criticizes
FR Pump Priming
Summers Says Townsend
Tax Cure for US' Case
of 'Pernicious Anemia'
President Roosevelt's new
pump priming" proposal came
in for strong criticism when Judge
M. C. Summers addressed a crowd
which comfortably filled the au
ditorium of the armory Wednes
day night, on .the subject of the
general welfare act.
Judge Summers painted a life-
ike word picture of the "sickbed
of Uncle Sam," describing the ad
ministering of a "billion dollar
shot in the arm" by "Dr. J. Pler-
oont Morgan." who, it was ex
plained, was making his 37th
visit, the reference being to tne
present size of the national debt.
Then a new physician, ut
Francis E. Townsend. was called
into consultation. I- He t diagnosed
the" disease " as ' pernicious ane
mia" and prescribed a 2 per cent
(Turn to Page 2, Col. 6) ..
Polk Republicans
To Meet Tonight
Republicans of Polk county win
meet in the West Salem commun
ity hall tonight at 7:30 o'clock to
organize a county republican club,
Harold Prultt, state president of
the Oregon Republican club,-re
ported yesterday.
A temporary chairman will be
elected and a constitution and by
laws committee . appointed. The
Polk, county group will be one of
several county units which .have
organised actively in the past two
or three months. ;
Several candidates for state and
county office will be introduced
Charles A. Sprague of Salem, re
publican candidate for governor,
has indicated he will attend.
Prultt .said he will leave Sat
urday for Hood River, where he
will meet with republicans of that
eonnty before proceeding to other
eastern Oregon points on an or
ganization tour.
Seven Veterans Hurt When
Riot Flares in
NEW YORK, April 2Q-VP)
Seven men, described by - their
comrades as American -war vet
erans were injured' seriously
enough to require hospital treat
ment in a riot tonight in the
Torkville casino,; where the pro
Nazi German-Anvjrican Bund was
holding -; a meeting. ;
The outbreak, in which chairs
were thrown and ? m a were
trampled underfoot, was precipi
tated when -Jean Mathias, who
said he was a member of . the
v
wept as she testified la court
Peasant Purge Is
Halted by Stalin
Says Much Harm Done;
Seeks to Boost Grain
Farms' Output .,
MOSCOW, April 19-i!P)-Joseph
Stalin today forbade further
purging of collective farmers in
what some foreign circles regard
ed as a move to assure produc
tion of a bumper grain crop.
The order, one of the sharp
est ever to issue from the Krem
lin, bluntly prohibited "any
purges in collective farms under
any pretext whatsoever."
How widely expulsion of peas
ants from farms had affected
agriculture was not disclosed, but
the order indicated " many had
been turned out by the farms'
administrative officials for un
satisfactory work or merely at
the command ot the farms' chair
man. ' : ' :? -...
Such drastic punishment of
recalcitrant peasants waa forbid
den in the future except in ex
traordinary cases of "incorrig
ibles." Hereafter, - public repri
mands, fines and transfers - to
other Jobs will be the penalties.
Stalin's order declared - much
harm had followed mass expul
sions of peasants from farms for
trivial reasons on the pretext of
purging them as hostile elements.
Truck Backs Down
Hill, Pair Killed
BAKER, April 20- -A truck
loaded with grain; stalling as it
approached the top of a steep
hill, crashed down grade Tues
day night, carrying Gliomas E.
Elrod, S u m p t e r rancher, and
John A. Frerlks, Baker, believed
to have been the driver, to their
deaths in the powder river.
The accident was disci jsed to
day when Henry Elrod, anxious
over the failure of his father to
return home, found the wrecked
truck.
Bund Meeting
American Legion . and one of a
group of about 60 veterans who
had gone to the hall as observ
ers, interrupted : the proceedings
to inquire: -
Will any English be spoken
here?"
Fighting broke out instantly
and spread to the street, r -Three
men were arrested.
i An unidentified man vearing
the Bund -uniform ' was. one of
those -beaten in street fighting.
He was rescued by the police.
: :
Build
Winkle
Jaclde Blocks
Move toEject
Mother, House
" . i .
Ex-Star's . Intercession
Brings. Revision in
Receiver's Power
Mrs. Bernstein Seeks
Permission, Change
Her Testimony
LOS "ANGELES, April 20--Jackie
Coogan, who is suing his
mother and stepfather for an ac
counting of $4,000,000 he claims
he earned as a child actor, inter
ceded today to prevent their be
ing ejected from their mansion at
nearby Van Nuys and deprived
the use of three costly automo
biles. Atty. John Bilby, named as
temporary receiver of the Coogan
property, was empowered by the
court to seize furniture and fur
nishings in the Coogan home.
Permit Mother to
Keep Cars, House
At Jackie's instance, a stipula
tion was entered between his law
yers and those of his mother and
stepfather, providing that the lat
ter, be permitted to retain posses
sion ot the house, the three auto
mobiles and all personal effects.
Mrs. Lillian Coogan Bernstein,
who called her son a bad boy, was
accused of having made "incon
sistent and contradictory state-
ments under oath" in an affidavit
filed in answer to her deposition
preparatory to trial of the suit
for an accounting brought by
Jackie.
Later today Mrs. Bernstein pe
titioned the court for permission
to amend her deposition, stating
she had either erred in some of
her sworn statements or had fail
ed to properly present facts.
Her petition was filed after her
son's lawyers had refused to
grant her the right to change the
story she told under oath.
Says She Didn't
Plan on Trust
The ex-star's mother, who mar
ried Arthur L. Bernstein, overseer
of the Coogan finances after her
husband's automobile death, de
clared last Monday that she nev
er intended to create a trust for
her son, that he had no estate,
mat every cent ne earned as a
minor was her's.
Attached to the affidavit made
by Jackie were copies of docu
(Turn to Page 2, Col. 8)
Dayton to Secure
Fuel Distillery
PORTLAND, Ore.! April 20-MP)
-Manufacture of fuel alcohol from
farm wastes will be inaugurated
soon at Dayton, a Yamhill coon
ty delegation told a meeting of
farmers, business men and chem
Ists, called by the Oregon farm
Chemurgic council to open a cam
paign for one of four federal farm
research laboratories here.
- Speakers said a major oil com
pany was using one-third alcohol
in English motor fuels. They said
if 10 per cent of the United
States-motor fuel supply was al
cohol, it would require all the
produce ot tillable lands in the
nation.
"Agriculture should be self
helping - and not - .continuously
looking, for Santa Claus," James
W. 'Richardson, Dayton, told the
group. "American agriculture
does not want a dictator nor a
dole, but a fair price for farm
products."
Navy Bill Meets
Delay by Critics
WASHINGTON,. April i(t-JPf-Hopes
of administration leaders
for quick senate action on the
$1,156,546,000 naval expansion
bill faded tonight because of at
tacks by critics, but the leaders
said there was "not the slight
est doubt" ot ultimate ' passage
by an overwhelming margin.'
Beginning a fight against - the
measure today. Senator Nye "(R
ND), contended it was unneces
sary because there was no "group
of foes" that could - "even
threaten- an encroachment : on
our territory." - :
To this. Chairman - Walsh CD
Maes), of the naval aif fairs .committee-
replied that .a combina
tion of German and Japanese sea-
power, or the navies of Russia
and Japan together could attack
and destroy the present United
States navy. .
Meyers Stick
To Guns, Call
Of Legislature
Defies State Attorney
Ruling Holding He
Lacks Authority
Washington's Governor
Flies From East,
Has no Comment
OLYMPIA, April 20.-(P)-Lt,
Gov. Victor A. Meyers said late
today the special session of the
state legislature would "go
through as scheduled," in spite of
a ruling by Attorney General
Hamilton the "acting governor
has no authority" for such actipIL
informed of the lieutenant gov
ernor s decision. Governor Mar
tin, who returned to the state
from the national capital today,
said he had "no comment" to
make.
Meyers issued Ithe proclamation
early today, had it notarized by
a King county justice of the peace,
and presented it! to the secretary
01 state to have it attested, which
was refused. i
Asked for an opinion regarding
ne legality of the matter, the at
torney general gave his decision,
that the acting governor had no
authority to call an extraordinary
session of the state legislature,
but said:
Supreme Court
Ruling Held Needed
"It seems to me there is a ne
cessity of the matter being de
termined by our supreme court."
Meyers, when informed of the
attorney general's decision, said:
"I bave obtained legal advice
here and in Seattle, and the
opinion is, the call is en y rely
legai. Tne proclamation was
made while I was acting rover-
(Turn to Page 2, Col. 4)
LA Mayor Scored N
In Kynette Case
Prosecutor Says Campaign
Financed by Gambling
Interest Backers
LOS ANGELES, April 20.-UPI-
The political campaigns of Mayor
rrank L. Shaw were financed bv
Los Angeles' gambling Interests
and his brother-secretary, Joseph
bhaw, was a party to the collec
tion of the money, the state
charged today in the trial of act
ing Police Capt. Earle E. Kynette
and two other officers for the
bombing of Harry Richmond, pri
vate investigator.
Chief Deputy Dist. Atty. Eugene
D. Williams made the accusation
in an opening statement in su
perior court.
The prosecutor launched into a
bitter denunciation of the police
"intelligence squad," headed by
Kynette, and declared the state
would prove Kynette threatened
to "get" Raymond for his activi
ties In the investigation of graft
ana corruption in Los Angeles.
"This case arises out of the
uau ,u rase 4 o )
Late Sports
' new York, April 2o-(pv-
Natie Mann came back to New
York tonight for the first time
since Joe Louis dy. .united him ,
and stopped Hans Harerlick the
Austrian champion, in the third
round of a 10-round bout at the
Hippodrome. Mann weighed 193
to his rival's 184. -
Referee Arthur Donovan halted
the proceedings at 2 minutes, 54
seconds of the third round as
Harerlick was on the floor for
the eighth time in the abbrev
iated - contest. Mann, the New
Haven husky who lasted the
same , distance against Lovis a
couple of months ago, hit Haver
lock with everything but the ring
posts. 1
ECGENEv Ore.. April 20-0
The University of Oregoa base
ball squad warmed up for the
northern division opener with
Oregon State here Friday by de
feating Oregon Normal 16 to 8
today. - .
Paul Thunemoun, sophomore
left-hander, gave ; eight hits in
nine innings on the mound for
Oregon. The squads used a total
of SO players.
Oregon Normal: . .'. .. . 8 7
Oregon .............16 11 4
. J. MCler.sMohler and Tarpln:
Thunemann and Walden, Beard,
CORVALLIS, Ore.;: April 20-6iP)-Oregon
State college's tennis
team defeated infield college 4
to 8 in ' a non-conference match
here today. Oregon state won
three ot five singles matches and
broke even in two doubles games
- CORVALLIS, April 20-CPH-The
Oregon State college Rook base-
ball squad turned out a 6 to 3
victory over Xebanon high school
today for a sixth straight . win-
Lawmakers Worry
To Settle Profits Tax Dispute
v. jysv s sJt-f inSMiinsssssnwiMirtSi i.uaiiMnn!snnBnssSB , v- ts. 4
Ii . ' , j, '?'
, f- 't-'". ' "
: V-S - : ? :i J i,J : ' 1 1
Shown discussing the new pending
berg of Michigan, Representative
lina, chairman of house ways and means committee, ana tennior
Pat Harrison of Mississippi, chairman of senate finance committee.
Effort to Outlaw
Profit Tax Grows
Byrnes9 Committee Says
Levy's Abolition to Aid '
Business
WASHINGTON, April 20 -(P)-Fowerful
new pressure for com
plete abolition of the undistrib
uted profits tax came today from
an unexpected source the senate
unemployment committee but
Roosevelt lieutenants in-? he house
still insisted that the levy be re
tained. . ...
There was no sign that the new
development would break the
deadlock between the senate,
which has voted repeal of the tax,
and the house, which has decided
to retain it In modified form.
Nevertheless, critics of the tax
were heartened by the report of
the unemployment commit tee
headed by Senator Byrnes (D-SC),
usually a strong supporter of the
administration. The committee,
which has been studying the cause
and cure of Joblessness, declared
that enactment of revenue legisla
tion along lines approved by the
senate "will be exceedingly help
ful" in reducing unemployment
The senate bill, besides provid
ing for repeal of the surplus tax,
calls for a flat 15 per cent rate
on capital gains in lieu of a house-
approved graduated scale. Bus
iness men have contended the sen
ale bill would encourage business
and unfreeze capital.
Drive for 'Army'
Hall Is Renewed
Immediate start of a drive to
ixaise $5000 needed to complete
the new Salvation - Army post
headquarters building here was
decided on at a committee meet
ing yesterday oyer which T. A.
Windishar presided Twenty local
business men agreed to work un
der Windishar's direction to this
end.- r ; - - - ' ' ' -
While construction was in prog
ress last fall efforts to obtain the
full building fund , quota were
postponed so as not to conflict
with the community chest drive.
William McGilchrist, chairman of
the : Army advisory board, . ex
plained yesterday.
"With the roof and exterior
walls now finished, we believe Sa
lem people will be glad to help
complete this fine new hall," Mc
Gilchrist said. "The $5000 - is
needed to pay for the windows,
finish floors, partitions, . doors.
concreting the basement and in
stalling a heating plant."
McGilchrist Invited the public
to inspect the - hall as It now
stands, at 241 State street.
Franco Captures Government
; Field Headquarters in North
HENDAYE, France (at the
Spanish Frontier).' April 20-(-
Generalissimo' Francisco Franco's
Galkian troops in a surprise at
tack tonight captured Albocacer,
the' government field headquar
ters for northern CasteUon prov
ince. ; . V '. -r. : ' "..
; ; Albocacer . is 'only 2 C m i 1 e s
north of CasteUon dels Plana, the
largest coastal , city between Vat
lencia and. Tarragona r U . :
."Insurgent dispatches r said two
main columns moved south on
parallel coastal and inland high-,
ways while - tbe Galiclan troops
captured the hamlet of Tnrig and
then moved across the fields to
Albocacer. - v" ' '
They tell on Albocacer from the
Over Attempt
tax bill are Senator Arthur Vanden
Robert Doughton of North Caro
O !
Dam Dynamited to
Free Flood Water
River Kept Within Banks
at Chiloquin; Spokane
to See River High
KLAMATH FALLS, ' April 20.-(P)-Seeking
to avert flood condi
tions, anxious workmen blasted a
wooden dam at the Chiloquin
Lumber mill to prevent the rising
waters ot the Sprague river from
pouring oyer it ,baaks today. -
Removal ot . the dam turned
swirling waters away from river
banks and into the midstream.
Despite this precaution, the
river still threatened the founda
tions of the Southern " Pacific's
main line trestle near Chiloquin
and railroad crews piled sandbags
along the shore to protect it An
other sandbag barricade was being
erected on the Williamson river,
a mile and one-half below the
Sprague river itself.
SPOKANE, April 20.-(P)-B. M.
Merrill, superintendent of power
for the Washington Water Power
(Turn to Page 2, Col. 4)
Spending Program
To Aid Utilities
WASHINGTON, April 20-)-
ine Koosevelt administration in
cluded loans to public utilities in
the new spend-and-lend recovery
program today.
It was not known immediately
just which companies would re
ceive loans. However, the dis
closure that loans were in the of
fing created unusual Interest be
cause of the long and bitter con
troversy between the Roosevelt
administration and a number of
concerns in the utility field.
,. A White House (inference dis
cussed a plan for advances to the
pover companies by the Recon
struction Finance' corporation to
enable them to catch up on many
millions of dollars worth of job
spreading construction .. work left
undone during the depression
years. .
Sustained Yield
Timber Bill Hit
i KLAMATH FALLS, April 20.
(AIHrhe forest committee of the
Klamath Falls chamber of com
merce attacked the sustained yield
timber bill of Senator McNary to
day, claiming it would be ruinous,
Several years ago, the commit
tee said in a report, the bill would
hare been practical but operations
since have been developed in the
basis of a timber supply which the
bill would eliminate.
I northwest finding only a: small
'"rrn whlcn Quickly surrender
Unyielding government resist
ance frxn the foothills ot the Py
renees to the Mediterranean; sea
at Tortosa forced Franco to send
new drives against two main ob
jectives. .- : .
Targets ot the insurgent offen
sice w r e : ',; Puigcerda, on the
French f horde r ' to Catalonia,
northeastern corner Of Spain now
severed from government' Spain
proper, and CasteUon, - Mediter
ranean seaport south ot Catalo
nia. ; :y -. , -: i '
Bitter fighting raged on i both
the sunbaked ' seaboard and the
snowcovered Pyrenees mountain
passes. - . " v"
Direct Buyers
Pay, Basis of
Kilowatt Year
Scheme new to US but
Proven Successful , ;
. in Canada, Says .
Will "Avert Waterpowei
Waste, Permit Full .
Use of Energy
PORTLAND, April 20-JTV-'
Bonneville ' dam power will be
sold on a kilowatt year basis,
J. D. Ross, administrator, an
nounced formally today.
Ross said the basis was new
to the United States but had
been tried successfully In On
tario, Can:
Rates for a kilowatt year to
the public utility district or pri
vate utility which purchases Bon
neville power retail consumers
can not purchase d 1 r e e t will
soon be announced by the federal -power
commission at Washington,
Ross said.
The kilowatt year sales unit is
based entirely on the coat of
production and is an attempt to
leave present practives of selling
power "from the old scarcity
standpoint," Ross declared.
"Consumers now pay foi mil
lions of kilowatt ! urs of elee-
I unity mai tucjr u,
nnu aatrt.
"Immense quantities of water-
power are wasted over the dam
because people will not pay ex
orbitantly high rates."
Ross said a kilowatt year was.,
1,000 watts furnished day and
night for 12 months, or 2,760
kilowatt hours of electricity. The
distributing city, company, or
power district would be inspired -
to encourage customers to use an .
the power needed. Ross added.
subsidize the large industrial
ist," Ross- said. "Wo simply:
say, . a kilowatt year costs us
so much. Pay us our cost and
use that kilowatt - continuously
day and night, throughout the
year "
SPOKANE. Wash., April 20.-
(i!p)-Charles West, special contact
man between President Roosevelt
and congress, said here tonight
Columbia basin authority to ad-
minister Bonneville and Grand
Coulee dam was "inevitable."
"In accordance with t" e admin
istration's policy in regard to sueh
projects, a Columbia basin project
will ultimately be established," he
said. "The program has not been
pushed because of certain political
contingencies, but the final es
tablishment -of such authorities
wherever large areas are depend
ant nn anms a a tha PnnlAA dam.
for their very existence, is inevit
able." Governor Speaks
Mind on Prison
EUGENE, April 20 - (JP) - The
annual commonwealth conference'
and first annual youth conference.
sponsored - by the University ot .
Oregon, ended with a warning.
irom uoyvunaries martin agaiuai
loose thinking and sentimentality
in dealing with, first offenders.
The governor, speaking on the
subject of providing separate eon-
uoemeni tor cuuvicia - vuicriu
prison, for the first time so that
they will not be under the influ
ence of more hardened criminals,
said a study ot records put a dif
ferent light on the problem. -
"The- tlrst : offender front .tha
. . . . . . . . , . . . ' ...
sianapotnt oi ueLag tamiiwa. iv
the penitentiary tor the first time,
has in the majority of cases, a
long history of trouble with local
police 2nd law enforcing authori
ties," the governor declared.
"-"Commitment to the peniten
tiary is made only after the local
authorities have exhausted their
patience and resources in trying
to correct the individual. Our us
ual run of first offenders is us
ually very thoroughly steeped in
crime." . .
Guilt of Weidncr
'Affirmed by Jury
. Decision of the Woodburn Jus
tice court in finding Thomas ou
ter Weldner of St. Paul guilty of
drunken driving was upheld by a
circuit court Jury yesterday; after
over four hours deliberation.
Weldner appealed to the circuit
court after being sentenced i by
Judge Hiram Overton at Wood
burn to 90 days In jail and fined
$100. ?' - -: t : i s
-- The appeal - was ' heard before
Judge McMahanr . ; . ,
Meet at Silverton
A group of republicans inter
ested in the campaign of Charles
A, Sprague of Salem for the re
publican nomination for governor,
will meet, with him at Tony's res
taurant in Silverton Friday morn
ing at 10 o'clock. . '