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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (June 6, 1939)
Vacation" Daya J "'J Are here promising plenty - i, , of pleasure. Vour trip wtll be even nem pleasant It you call 9101 and have The - . Statesman follow you with , the news of home. The Weather r. s X PSUNDDO 1651 - KKiHTY-MNTH YEAR Salera, Oregon, Tuesday Morning, June 6, 1939 ?:' S -..r-, Price Sc; Newsstands 5e No. 61 er MuiiMiy Meal - . - Y.! I I I f V ' ; I V vzt .. ! h n I I ri f w TT71 High Tribunal Strikes-Down Oh Hague Jersey s City Ordinance . Is Held Violation of Rights Milk : Marketing Control Held Constitutional in Ruling WASHINGTON, June 6 UP) Winding ud a busy term, the supreme ' court today struck down a Jersey City ordinance which prevented CIO mass meet ings, upheld the administration's milk marketing controls a: 1 de clared the unratified child la bor amendment is still .alive, al though 15 years have passed since congress submitted It to the states. In its 5 to 2 decision in the Hague-ClO case,' the tribunal sustained ' injunctions against Mayor Hague and other city of ficials issued by the federal dis trict court for New Jersey and the federal circuit court at Philadelphia. Writing the majority opinion. on the ordinance, under hich a permit was required to hold meetings in streets and parks. Justice Roberts declare . it vio lated the constitutional ri. '-t of free assemblage. He said that CIO members were "free to hold meetings without a permit and witbout regard to he terms of the void ordinance." He added Streets and Parks For Public Use "Wherever the title of rtTeets and parks may rest, they hare immemorially been held in trust for the use of the public and. time out of mind, have been used for the purposes of as sembly, communicating thoughts between citizens, and discussing public Questions. "Such use of the streets and public places has. i from ancient times, been a part of the privil eges, immunities, rights and lib erties of citizens." Justice Stone said In a" concur ring opinion that he saw no rea son for basing the decision on the "privileges an immunities clause of the 14th amendment," as he deemed the court to have done. Stone said the "real issue" was whether the CIO had a right to sue for protection under the due process clause. "It Is enough." he said, "that petitioners have prevented re spondents from holding meetings and disseminating information for the organization of labor unions or for any other lawful purpose," Justice McReynolds and Butler dissented. At Jersey City a spokesman for Hague said the city administra tion would follow "implicitly" the court's ruling. Milk Regulation , Constitutional ,In two sweeping decisions, the court declared that the regula tion of milk marketing in the New York and Boston areas through the fixing of minimum prices and the pooling of returns was con stitutional. Similar marketing controls are In operation in 28 other areas. The regulation was established under the marketing agreements act of 1937, designed to sta bilise the: milk industry. Reject ing two attacks on this s act's validity, t h majority i pinion read br Justice : Reed declared that "the authority of 'he fed eral government over Interstate commerce does not differ la tent or : in character from that retained by the states over to trastate commerce. The power enjoyed by the states to regu late the prices of handling and , selling commodities within their Internal commerce rests with the - congress In the - commerce be- . tween the - states Bt a five to four decision the high court reversed a fed eral district court ruling invali dating the New York marketing order promulgated last Septem ber 1 and by a six to three rul inr It sustained another I :deral court ruling upholding the eon stitutlonality of the Boston or der. Chief Justice Hughes and Jus tices McReynolds. Roberts and Butler dissented from the New York opinion but - only McRey- . aolds. Roberts and Butler dis sented in ' the Boston case E. P. Hoyt Grmited ee , McMINNVILLE, June S-OfV-An honorary degree of doctor of laws was conferred yesterday by Lin field eollege upon Edwin Palmer Hoyt.' pubUsher of The Portland Orego&ian. -Marshall N. Dana of Tha Ore gon Journal conferred the degree at commencement exercises for 100 students. '-r : President William 0. Everson bestowed honorary .doctor of di vinity degrees upon Everett Stan ley Bnrket of pasaaena-i vaui. associate secretary of the Amer ican Baptist Foreign Missionary society, and Herschel L. Caldwell, pastor of Grace Baptist church, Law HonorarvDegr Spokane-- Refugees pirpf ih: : uive Worries t toJban Refugee women and children of the German liner St. Louis, which for the past few days has been anchored off the coast of Cuba, as they appeared at Havana. Cuban officials made the shipload of "wan dering Jews" leave, bat they had nowhere to go. Cuba may now permit them to land for a temporary stay on the Isle of Pines. Wandering Jews Grantedl Landing on Cuban President Says 907 on Isle of Pines if Will Be Only XI A V AIN A, June O I ATI ' A 1 . 4 - - T Xjouis ioaay was grantea conaiuonai permission xo tana its i 907 refugee German Jews on Cuba s Isle of Fines for a tem porary stay. President Federico Laredo permission, gave Jewish aid O lifllo. IMnminntArl 1111113 liuiiiiiiaicu For Legion Head No Contests Seen in First Listing for Chiefs of Salem Post Waldo Mills was the only nom inee for commander of Capital post No. 9 when the first nomi nations were offered at Monday night's meeting. Nominations will be reopened at the second June meeting. Other nominations, none involving a contest to date. In cluded: First vice-president, Ray Stum- bo; second vice-president, Fred Gahlsdorf ; adjutant, Mem Pearce; finance officer, Guy Weaver; chaplain, C. V, Richardson; ser- geant-at-arms, Al Fellen; execu tive committee, George Edwards, Brazier C Small, Hans Hofstetter and George Averett; delegates to department convention, Irl S. Mc Sherry, Art Johnson George Aver ett and Douglas McKay. Delegations from all other Mar ion county posts were present at Monday night's well - attended meeting. Including t Commanders Manolis of Silverton, Webb of Mt. Angel, Yeoman of Stayton and Clinton of Aurora. Notice was giv en of the old fiddlers' contest sponsored by the. Stayton post In that city tonight, and or the coun ty council meeting in connection with the Silverton post's picnic at Hue! Green June 25. Old fiddlers' contests being held by each of the posts are prellmi narles to the county final, sched (Turn to page 2, column S) "Citizens" May At Silverton SILVERTON, J una 5. That suit against Silverton's city coun cil and its mayor Is threatened by "a group of substantial citizens" Is the report which L. C. Eastman, former mayor, ' brought to the city council at its Monday night meeting. - ' - N . , The suit, Eastman explained, will refer to the last bond election! The election called for the bulldi Ing only of a disposal plant and outfall sewer and the connection between the outfall sewer and the present sewer line, Mr. Eastman aid. ' . ' -1 j!., These citizens to whom I re fer have obtained the opinions of three reputable lawyers whose opinions would be accepted any where, I beUeye, and la their opinion the city council and the mayor are directly responsible tor the expenditure of ; any funds above that for the disposal plant and the direct connection from It to the present .sewer" Eastman continued. Ho went on to say that the resolution passed last week at cm, o vx-iv.'fc..:-::-:.:-:. J, - - A ' -' r i j If & -A ' Cuban Islet Refugees May Debark They Agree Stay Temporary ine wanaenmr liner St. 1 . . . , , A r Bru, granting the qualified organizations until. tomorrow noon ' to accept the conditions. Laredo Bru said the refugees might land if they agreed to live in a concentration camp which would be established on the Isle of Pines and if guarantees were given that their stay would be temporary. Many, of the refugees on the liner, which is cruising off the Florida coast, had expected to live temporarily in Cuba, hoping to be admitted later to the United States under quota provisions. President Bru explained that on May S he had told Luis Clasing, Hamburg-American line represen tative in Havana, that refugees the company was planning to transDort to Havana on the St. Louis would not "be admitted un less all legal details had been fulfilled. These details, under a decree (Turn to page 2, column S) Mystery Shot Is Fatal for Wdiiian PORTLAND, June I - (ff) - A mysteriously discharged bullet which - wounded Mrs. ' Frank D. Hlttner, 76, Portland, while she was attending a reception for a priest at Mt. Angel, caused her death today. , ' ' ' ' Mrs. Hlttner was wounded May 21 as she sat In the home of Mr. and Mrs;: Joseph Brockhaus. The bullet penetrated her right lung. Police were unable to determine the source of the bullet but ten tatively decided It came from a passing automobile. The reception was in honor of the Rev. Thomas Brockhaus, OSB, son of the hosts. Sue Council Over Spending a special council meeting for the use of additional funds was Ille gal as notices to eouncilmen did sot state definitely what that meeting was called for. " In reply to Mr. Eastman, Mayor Zetta Schlador said that she would "like to - have . those 'substantial citizens' appear before the council and make their, own complaints. - Rex Albright, city attorney who was present responded to a direct Question that the city coun cil "had already decided what to do In the matter, that reference in the bond election was made to the survey which had been made two years 'ago - and ' that that survey had been placed on tile so that roters could refer to it wherever they wished priory to election." - .t-A mt.tA l.. had ' seen two affidavits stating that city of flclals had made state ments to the effect that .they could spend 'money ,? the way !they wished if other people would keep I their noses out ot 1L Two Attempts Made to Hurt ons Shotgun Fired as Kent's Duchess Leaves for " Theatre Irish Republican Army Leader Is Held by G-Men Here LONDON, June 6-OPi-A sawed- oft shotgun was fired near the Duchess of Kent, sister-in-law of King George, and. at about the same time tonight a glass panel was shattered mysteriously at the home of the princess royal, the king's only sister, in two apparent attempts to terrorize or injure! them. Scotland Yard, investigating both incidents, was reported to have under consideration whether responsibility lay. with the Irish republican army or Its sympa thizers who have been charged by police with waging a campaign of bombing and terrorism in Eng land. The campaign earlier this j year caused the Duke of Kent to cancel a tour to northern Ireland. The duchess, beautiful and one of the most popular members of the royal family, was leaving her fashionable Belgrave square home for the movies when the shot was tired. Duchess Not Aware of Shot She was not Injured and was said not to have been aware of the incident, which occurred "be tween 10:30 and 11 P.m. (6:30 and 8 p.m. EST), until after she had viewed the film "Wuthering Heights" at the Gaumont theatre. With her was Lady Portarllngton. Police overpowered and arrest ed an unidentified man seen near the Duke of Kent's house shortly after the shot was heard and later picked up the shotgun in the winan Th. mow woa , a V a n , n 4fia Gerald Road nollce station where . " . . . . ne was aeia tor questioning. The Mirror said the man was an elderly Australian who arrived in London three weeks ago. The Duke of Kent is to leave England in October to assume the duties of governor general of Aus tralia. Police Guard Duke's House The Duke of Kent, who had dined with the Duchess at home. had left a few minutes before her to fill a speaking engagement. He was advised of the shooting upon his return home, and police im mediately put a guard around the house. Detectives said they had found a circular hole in the center of pane of a bay window when they were summoned to the house of the Earl of Harewood, husband of the princess royal. The glass around the hole was splintered and a missile had pene trated the blind behind the win dow. The hole was about nine feet from the ground as if made by an air-gun pellet. Both the princess royal and the Duke of Kent are councillors of state in the adsence of King George VI and Queen Elizabeth in Canada and the United States. DETROIT, June 5.-flV-Federal agents tonight took Into custody Sean Russell, a reputed leader of the outlawed . Irish gepublican army, and were reported holding him Incommunicado. King George VI and Queen Elizabeth are due in Windsor, Out, across the De troit river, tomorrow. The Free Press said a man ac companying; Russell was identi fied as Joseph McGarrity of Phila delphia, who it said was known as an IRA leader In the United States. He was not held, however. The two men were accosted by government men as t b e y were about to enter a taxicab in front of the Michigan central railway station. Russell was said to have been touring the United States making speeches. The IRA, a major figure In Ireland s fight tor indepen dence, la outlawed in Ireland and has been suspected in connection with recent bombings in England. Russian ArtUIery Battles Japanese TOKYO, June C-(Tuesday)-UP) -Soviet Russians and1 Japanese fought a three-hour artillery bat tle late Monday i near Changku- feng In the Manchoukuo-SIberian-Korean border area, the newspa per Asahl reported today In a dis patch from Hunchun. ' Near the end of the battle, the newspaper's correspondent report- ed, Russlanj infantry, charged againsx ine Japanese positions. 1 om waa lorcea w r w a i w leave the bodies of two soldiers on the field. Other dead were carried away. One Japanese was killed. - The newspaper said the Rus sians now were building concrete trenches to hold their positions. n . 'i n :- . 1 Kovairers .... y . . , Aim r DUCHESS OF KENT Well Preparation For Use Ordered Water Board Contracts for 'Drilling of Second Santiam Well Immediate fitting of the Salem water department's new 16-inch well on Stayton island with an electric driven pump and suitable housing was ordered by the water commission at a special meeting last night. The commission also signed a contract for the drilling of a second, similar well. An offer by the A. B. McLauch- lan company, which has assisted the commission In developing Its successful well addition to the water supply system on the island, to furnish and supervise installation-of the first large pump for 1702 net was accepted subject to approval by the city attorney. Rentals on a smaller pump used on the island for testing purposes for several months are credited to (Turn to page 2, column 3) 8-Year Old Chad Taken From Race Roth'g Quick Action ' in Jumping After Girl ' Saves Life Eight-year-old Mary Lou Heath was dragged from mill race wa ters near Capitol and Trade streets shortly after 8 o'clock last night. after a jump assertedly made be cause of family complications. Emll Roth, who resides near the Salem airport, Jumped into the race after the young girl, while a companion, William Wilson, of 898 Trade, ran to call the city first aid car. Given treatment by first aid men, who quickly responded to the calL Mary Lou was taken to the Deaconess hospital, where her condition was reported as excel lent. She had been in the water but a few moments. The girl resides with her grand mother, Mrs. . Julia Fournier, at 844 Trade street. The family Is separated, with the mother,. Mrs. Warburg, residing in Silverton, and the father, Roy Heath, living in San Francisco. Man Shoots Self When Wife Beaten ALBANY, June S Apparently in the. belief that the beating he had administered to his wife had proven fatal, H. E. Burns, 47, Albany sheep . buyer, took his own life shortly .after t g o'clock Sunday. night. Following . several hours of quarreling. Burns had hit his wife, formerly Genie Tower Bur ton of Salem, in the mouth and then shoved her against the kitchen stove, she told officers later; Upon regaining eoncious- ness she found her hurband in an adjoining room, where he had shot himself in the head with a 12-guage shotgun. She ealed police and the coroner who said it was a clear case of sufe clde. it-j- ' - - j ; . -1 i 4 Burns formerly " lived In ' Sa lem. He was born at Lewis rille March 30, 1892, and had spent his entire life In this state, part of the time at Prinevilre. In ad dition to his wife, four step children survive. ; Reno Marriage License Issued to Local People RENO, Nev June E.-OpV-Mar- rlage licenses Issued here during I the weekend included: ' ' William V. Mas, 21, and Irene S. Pinto, 21, both Salem, Ore. Hannon J. Swan, IS, Los Ange les, and Ruby Pankratz, 22, Dal-llas,Orf v 1v.. 1 '-;N ' :' j ' - . N '- 7SJ If L" - - "- L, - I , y " r f.i f ''. 4 -" rruitt Chosen To Fill Vacant Job on Council Will Serve as Alderman From Ward Seven in Clark's Place $250 Given to Cherrians to Aid in Building Salem Float Harold Prnltt, Statesman circu lation manager, was last night un animously elected to the city coun cil as alderman from ward seven. The election was preceded by secret caucus of the council In which it was said Pruitt polled an 8 to 5 majority over Robert B. Sears, generally understood to have been Mayor W. W. Chad- wick's candidate. Pruitt was elected to fill the va cancy caused by the resignation of Willis Clark, who has moved to Spokane. Alderman Pruitt will serve on the same regular council committees as did Clark, it was announced br Mavor Chadwlck. fThey include chairmanship of the bridges and approaches committee and membership on the street and airport and aviation commit tees. Nominated by Alderman Law rence N. Brown, Pruitt was unop posed in the council election. look forward to an association with some of the finest men In Salem," said Pruitt after being conducted to his seat by Alderman C. F. French. $250 Is Given For Rose Float Brought back on the floor by Alderman David O'Hara, who op posed the original 1500 request, the Cherrians were voted 8250 with which "to advertise the city of Salem at the Portland rose fes tival." O'Hara said he motioned for reconsideration because the amount asked was much smaller than the original request, and that he thought the city should recog nize the diligence by which the or ganization got together the other $750 for a float to represent Sa lem. Cherrian Tom Hill spoke In be half of the organization, reveal ing the Cherrians would have a 48-man marching group, a drum corps and a 81000 float with which to represent Salem In the rose festival Sewer Project Is Approved Application for a 224,723 WPA sanitary sewer project, in which the city's share is cited as $7,972, and which is to be operated as a unit of the city-wide sanitary sew er project, was authorized. The project entails the laying of a san itary sewer, Including construction- of manholes and removing and replacing of pavement, on Court street from Church to the Willamette river, and In the alley between Church and High streets from Court to Center. Federal share of the project is placed at $24,723. -An ordinance providing for Is suance of permits to food hand lers, introduced by the health and sanitation committee was held over for further consideration. The ordinance would require all food handlers in restaurant to have permits. In answer to a petition that asked the council to stop the al leged Illegal use of lots on the corner of 15th and Mill streets as a wood yard, Alderman David O'Hara motioned that an amend ment to the zoning ordinance con trolling the comer be brought be fore the council. City Attorney Paul R. Hendricks Informed the council the lots were being unlaw fully used. Charlton to Go To Aid School First Aid Captain Charles Charlton was granted $50 expense money U attend the aquatic school of first aid and life saving at Issaquab, Wash., June 18-29, and Fire Chief Buck Hutton was granted $25 expense money to at tend the Oregon State Fire as sociation meeting In Portland, v (Turn to page 2, column 2) Washington Ready to Gape And Gasp at Royal Couple WASHINGTON, June i.VP Growing more excited with each passing minute,' Washington bus tled today with last-minute prep arations to gape, gasp and exclaim over Their Majesties King George VI and Queen Elizabeth. Up and down Pennsylvania ave nue, bits of buutisg hegan appear ing, hinting only, at the gay , dee orations which -will adorn the route on Thursday, when the Brit ish monarehs parade in state from Union station to the White House. With minute care; secret serv ice, police and army and navy of ficials studied and restudled their elaborate plans for protecting the royal visitors. ; Shop-keepers along the avenue, already doing a depression-breaking business In the sale of seats at upper windows, anxiously tried to find space for more spectators nt 1 to S each. They did so un Elected to Post 1 On City Council HAROLD G. PRUITT Gondenihation Is Begun by County Two Property Owners on River Road Named Defendants As an 11th hour move to save bureau of roads money for recon struction of 3.99 miles of .road on the river route north of Salem, the county court yesterday insti tuted condemnation proceedings against two property owners along the route. All other property owners have signed agreements for giving rights-of-way along their lands for the widened route. Bertha Hirsch Miller, one of three hold-outs, signed yesterday an agreement to accept $300 for her land needed in the project. The suit is against Louis Olden burg, who wants $2500 for .8 acre against the court's offer Of $750, and Julia Semerad, who is now in California. ; Mrs. Semerad, por ta4eaving for the south, agreed to accept the county court's proposal, so she is named merely to clear the records so the court will have the land in control today as is necessary for June 6 is the date set for the state highway department to ad vertise for bids on the construc tion. Contract for the job will be let on June 16. The court felt that in Inter ests of the taxpayers the county could not afford to lose the sub stantial sum promised for '.his road, and for that reason the con demnation proceedings were start ed," County Commissioner Roy Melson said. The resolution for condemna tion was signed also by Judge J. C.-Siegmund and Commission er J. E. Smith. No Votes Against Bonds at Heights ' Voters ot the Vista Heights wa ter district south of Salem voted unanimously at a special election yesterday to issue $21,500 ' In bonds to finance construction of a water distribution system and establish an operating fund. The bond measure, proposed by the Heights water commission, re ceived 88 votes. With the bond issue approved. the commission's next task is to decide whether it shall depend on the Salem water system or a pit vately-owned well at the Blake gravel plant for its source of sup ply. The Blake firm has offered to sell water to the district on a lease basis with an option to pur chase the welL The Salem water commission has - agreed to serve the district from the high level system, fed from the 100,000-gal Ion storage tank on Fairmoant hill at the regular outside-the- city rate. The new district has in excess of 100 potential customers, ac cording to the Heights commis sion, . der the eyes ot the secret service, its agents demanding exact lists of just who would be seated at each window. At Demonet's, caterers to the capital's diplomatic set, prepara tions were made for receiving 25,- 000 luscious, perfectly-ripe Vir ginia strawberries, to be' served with gallons ot cream at the Brit ish embassy's garden party in hon or of the king and queen. - . And, all-over town the elect few were calling tailor and couturier (or 1b a tew instances those em porta at which formal attire may be had for hire) to make suet that the proper habiliments would be ready at the right moment. . Plans are that aa the royal cou ple motor slowly from the station to the White House they will pass between two unbroken files et sol di eds, sailors and. marines. .Steel .(Turn to page X, column S ) v. t ', i S ' v - -' Albany Man Is To Give Reply On Job Today Qande A. Murphy Serves now as Real Estate Board Chief Parole Board Interviews Last of Applicants, Delays Choice Claude H. Murphy, prominent real estate broker ot Albany, has been invited by Governor Charles A. Soraeue to become ' Oregon's first real estate com- missioner, the governor revealed Monday night. 1 Murphy, now serving as presi dent of the Oregon Association of Real Estate boards, was ex pected to give his answer today. The position carries a salary of $3600 a year. The office of real estate com missioner was created by the 1939 legislature in a bill which divorced the supervision and li censing of real estate brokers from the Insurance department of which Hugh H. Earle is commissioner. The real estate division has been headed by William L. Graham as deput; commissioner. Parole Board Sees Applicants The newly created state pa role board Monday concluded the interviewing of about 66 applicants for the position of state parole director, but an nounced that It could not imme diately make a choice. The board Interviewed 20 ap plicants for the Job Monday. The post, established by the recent legislature as a part of the new supervised parole setup, pays $4000 yearly. Paul R. Keltv. naroie boars chairman, said the board would announce Its selection after go ing -over applications and results of interviews with candidates. Other members of the board are O. W. Mason. Portland,. and K. 8. Keene, Salem. Improper Budget Preparing Rapped Audit Report Says Fault in Budget Causing Cash Decrease Improper preparation of the budget , was charged by the state . bureau of audits in its 193 S city of Salem audit report, presented to the city council last night, as contributing- factors relating to a decrease of $40,601.99 in net cash balances during the year 1938. The report, as tame as a tabby J cat in comparison to those of re cent years, finds little fault with the accounts and records of the city during 1938, and the general recommendations are tew. It reveals the city's total assets from all funds, as of Dec. 31, 1938, to have been $92,095.97, while the long term debt at that time -was $163,262.67, and taxes receivable $228,839.41. "The work now being done by the special auditor and attorney (on collection of delinquent Im provement assessments) should be extended to include a complete , analysis of the assessment dockets and a reconciliation of the detail thereof to the general records,"' the auditors advise. Advancements on foreclosed property were $12.- 143.89, and equity in foreclosed property was $4,254.11. The report advises that a prop er system, for recording-costs and transactions In connection with acquiring and disposing . of fore closed property, should be Imme diately set up and it "should det- ; initely be kept up-to-date If , con fusion is to be avoided regarding- (Turn to page 2. column 2) Watershed Check Progress Is Good PORTLAND, June 5 -(4) -A Willamette river watershed sur vey to determine feasibility of up- stream flood control Is progress ing satisfactorily, Stephen N. Wyckoff, forest experiment sta tion director, said today. Preliminary examination will establish whether flood jcontrol works should be placed on the Willamette. Wyckoff said. If de sirable, recommendations will be ; made to the secretary of agricul ture, who In turn will report to the president. The entire Willamette . water shed of 11,200 miles, an area 175 miles long and about 85 miles wide, containing mere than 50 0, 000 persons, was contained in the initial survey, authorized by the -1936 flood control act. The agri culture department was author- -lzed ; to Investigate the ' problem with army engineers. Principal de- -tails Included erosion, flood con trol and water conservation. The recommendation, tf made, woud provide protection for for-. eats, pastures . and fields, and , es tablish range management -and . terracing practices. ." ?