1 1 iw 1 'F 'f .iii i p irnn o
Mtffc
Tri
Pleasure Highway
First Sight olDad-In Jail
Plans Considered
haw
by
bumdl
4-...
4
Four to Three
Decision Made
tusk Write Prevailing
Opinion ; Be m, Hand, '
v ; Rossman . Dissent ;
The state supreme court upheld
constitutionality of the Oregon
milk control law, passed by the
1935 legislature, yesterday In a
four to three decision. ; ,. .
W. B. Savage and Brace Fox,
Salem milk producers, tiled the
suit In the Marion county circuit
court three years ago, contending
the law was unconstitutional be
cause It delegates legislates pow
er to the board; takes property
without due process of law and
discriminates -against some pro
ducers. Judge L. G. Lewelling dis
. missed the case.
, The predominating opinion was
' written by Justice Lusk. He said
the law was not unconstitutional
In any particular and it had not
been shown that the board had
acted arbitrarily.
Rnd Disseats
Chief Justice Rand wrote the
dissenting opinion with Justices
Bean and Rossman concurring.
"It has always been conceded
by the bench and bar of this state
that private property cannot be
taken for priTate use and that the
legislature has no power to enact
legislation authorizing that to be
done." Justice Rand wrote. "Yet
that Is the very thing against
which the plaintiffs complain."
At the last legislature a futile
attempt was made to repeal the
milk control law. Senator Thomas
Maboney, Multnomah county, la
ter filed an Initiative petition
through which he hopes to re
peal the law ai the 1940 general
election.
Fifteen thousand signatures
must be obtained to place the ini
tiative measure on the ballot.
Bank Night Booted
The court, in another opinion,
affirmed a decision of Circuit
Judge Robert Tucker of Multno
mah county in a suit brought by
"Carl R. McFadden, holding that
the operation of "bank night" is
a lottery under the Oregon sta
tutes. District Attorney Bain and
Sheriff Pratt, both of Multnomah
county, were . named defendants.
-McFadden, 'a Portland theatre
operator, asked for a Judgment
that be was. not operating a lot
tery. The opinion was written by
Justice Rand. He wrote:
"It la unreasonable to say that,
where a pereon pays admission
Into a theatre, knowing that he is
to receive not only a ticket ad
mitting him into the theatre but j
also a chance tor a prize, the con
sideration is paid for the ticket
only and not In part for the
chance."
Vcv
Rosser Case Is
Upheld by Court
(Continued from page 1)
ernment filed a claim of $1222
for taxes, penalties and Interest
on' ltit and 1937 Income, and
U Investigating the case before
proceeding.
.PORTLAND. Or., Jane 0P)
Told the state supreme court
had decreed he spend 12 years
in' prison on an arson can v let Ion.
Albert E. Rosser declared to
night: "So, they call that Justice
eh! I'm Just as Innocent of
'that tire as you are. Well. I
esn take It."
The former head of the Inter
national teamster's union in Ore
gon said he thought the su
preme court would set aadds
the; lower eoart conviction tn-J
otead of upholding' It.
Cerman Soldiers
j Greeted at Hoae
; (Continued from page 1) :
Each shield bore the name of a
Xallea soldier within a golden
wreath.
Earlier, the troops, with flow
-ore la their : belts and : overseas
caps on their beads, paraded be
fore Hitler and other officials
leng , the new East-West boule
vard. --(' ; ?
Nothing Indicated the number of
Germans wounded In Spain al
though Hitler expressed his ay
athy for them and their relatives.
Jteferrlng to Italy's activity , la
Spain, the fuehrer said taeir co
mon cause waa the "first Joint
practical demonstration of the
. ideological : similarities between
our two countries." ;
Robinson on
CJwarJ G. Ro&insoB, here held bark by John DeaV his assistant,
. . xrJ EarSsra O'IfeJL as Us wife. Is a rack-bnet in Colnmbia4 1
" lAn' the Law,' bow atthelloUywood theatre Bob Baker in "Grnilty
Trail is om the same program.
Reunion in Havana, and Tears
s
it
If
Aboard the German User St. Louis cmi&lng mtt the Florida coast la a
yoang German Jewish refugee, separated from his girl friend after
fleeting reunion in Havana, where Cuban officials denied entry
to the ship's cargo of fleeing: Jews. The eh-L also a Jewish refugee.
was In Havana when the ship docked and she was permitted to go
aboard to greet her lover. At left
right as she tearfully took ber leave.
Thetis Men First
Were not Worried
(Continued from page 1)
done and we went up to the
stern," he said. "When we were
all there it was decided Oram
and Woods (Capt. II. P. K.
Oram and Lieut. G. F. Woods)
should do their best to get out.
They got into the ( escape 1
chamber and away tbey went.
We knew that they had gone
because we could see the day
light shining in the water of
the chamber."
Here the rugged sailor's volcj
broke and for a while he was
unable to continue his story.
After a few moments he con
trolled his emotions and, ith
out mentioning three men who
drowned trying to follow the
first two men up, he continued:
"1 do not know how to put
it. I will Just say that "iaw
(Frank Shaw, builders' repre
sentative) and myself decided to
make a bid for it. We ime up
and as. you see we made our
escape. I am not gotag to talk
about anything that happened
during the night. We just went
out and felt- sure the others
would follow us at frequent in
terrain. "
"I canno tell you nAw I felt
when they; did not. 1 .JVeryone
was the same down below
civilians, officers and men. Some
people can't help crying to rent
their feelings in a time l!k- that
out I never saw anyone shed a
tear."
New Parole Head
Choice This Week
Selection of a state parole
dlrecter, to head the new state
parole setup, probably will be
made not later than Friday of
this week, a member of the
new -parole board indicated here
Tuesday.
Interviewing of applicants tor
the Job -was completed at a
meeting of the board here Mon
day. The next meeting will be
held at the home of Paul R.
Kelty, chairman of the. board,
at "Lafayette, other members of
the board are R. S. Keen, Sa
lem, and Gerald Ifaso . Port
land.
, Employment of four field pa
role officers will not be an
nounced nta after the direc
tor ',1a -selected. .
Funeral for Loe
V7UIICU X UlUBWtJr
DALLAS Robert W Loe. 70
died Monday at. Dallas fcoapitaj.
He formerly resided near -fUck-reall
where he -owned a farm for
many years. r - v-
Funeral services will . be held
Thursday, June g, at 1 p.a. at the
Hankie and Bellman chapel, Dal
las. Interment will be In the IOOF
cemetery at Dallas. .
; Robert F. Loe was born In Mis
souri, the son of Joseph. Loo. Be
leaves two nephews, W. L. McNutt
of Forest Grots and H. D. Mo
Nutt of Portland.'
Hollywood Bill
M
they are shown embracing, and at
Pilot Seeks Mars,
But He Gets Cod
(Continued from page 1)
for shock and exhaustion.
In another radiogram to F. J.
O'Hara and Sons, operators of the
Villanova, Captain BJartmars said
Eshelman refused to divulge his
true destination "Repeats bound
for Mars." He reported Eshelman
"flew blind all night in fog" and
that vibration caused a break in
gas line which prevented the
flier from pumping reserve gaso
line to the main tank.
Supporting the expressed belief
of friends that Eshelman was at
tempting a trans-Atlantic flight, it
was learned that after taking off
from Camden, NJ, last night, os
tensibly for an hour's practice, he
alighted at a farm 18 miles north
of Philadelphia and picked up
about ten five-gallon cans of gas
oline. Nils Hedin, owner of the
farm, reported Eshelman told a
man who assisted him that he in
tended to fly "out west."
Toung Eshelman told Captain
BJartmars he was an inventor and
that he had been employed by the
Glenn L. Martin aviation plant at
Baltimore. He took his first and
only other solo flight recently, and
when he rented the plane from Ed
ward Walz, manager of a flying
school. Wall thought he showed
more than a student's usual curi
osity in instrumental navigation.
Eshelman had about 10 hours of
flying instruction and waa licens
ed to fly near the airport In
restricted area.
16 Carriers Make
Exposition Jaunt
(Continued from page 1 )
contest, and all but four earned
the trip to the fair. Boys making
the excursion are Wallace Gil
christ, Ernest Schroeder, Tillman
Houser. Robert Lemon, Harold
Holt, Everett Wilson, Donald
Boley, James Henry and Howard
Book all of Salem, and Bnd
Keen of Silverton, Claude Smith
of ML Angel. Lloyd Phelps of Al
bany, Dale Butler of Dallas, Ken
neth Brisbane of Monmouth,
Charles Mielko of Stayton and
Robert 8orenson of Turner;
Rain in Prospect
For King's Visit
(Continued from page 1 )
rains, she said, slickers and rain
coats will bo onaidred entirely
appropriate afternoon wear. t
Meanwhile, Secretary Hull and
an official committee prepared to
greet the king and queen at Ni
agara Falls -when they enter the
United States from Canada to
morrow night. Departing , from
Washington tonight, Hull will
board the royal special and ac
company the visitors back to the
capitaL - '
Oregon Sua ROTC Band
Keep up Fair Tradition
" CORYALLXS, Jane I JP)
The Oregon 8tate college R. O.
T. C band npheld a 94-year-old
tradition today when It left to
partlcipata in the Golden Gate
Exposition on Treasure Island
Thursday; ;
The school's musicians clayed
at the eLwis and Clark exposi
tion at Portland, DOS: the Alas
ka-Yukon exposition .at 'Seattle.
IMS ; the Panama-Pacific expo
altiom at t San Francisco, is IS.
$9000 Check for Station
t Deposited by Bonneville
t PORTLAND," Jnno - t.-(jP)-A
cheek for $9000 to cover condem
nation of a t.4K aero tract for' a
substation at Albany was deposit
ed in federal district court today
by the Bonneville administration.
: The stationls to serve future
enstomen of Bonneville In Una
and Benton eonnties. '
Salem Man Badly Injured
V PORTLAND' Orfw Jane MA
-S. A. VarbelL 4S, Salem, was In
serious condition in n local hos
pital tonight after hU left arm be
came entangled in a tractor line
while ha was vailing stumps. Phy
aiclana said he might lose the arm.
Goons
Relate
Arson Details
f.nan mnA NWlnnfl TV11 1
unon ana newuma teii
of Plans to Do Away
With Watchman
(Continued from page ")
the-plant and stopped to pick up
Newlaad and Moore, he said.
The three witnesses from the
prison, dressed In civilian clothes
from the federal court building by
penitentiary guards after nearly
an hour's time required for their
Individual testimony.
They were followed - on the
stand by John S. Friesen, presi
dent and general manager of the
West Salem firm, who made state
ments to the Jury as to his ap
proximate loss in the fire and as
to his suspicions of arson, unsub
stantiated until after Banks was
f"Stvlfl?.?on chmrse emrly
J. A. Jelderks, Salem Insurance
man and local agent for the First
American Fire Insurance com
pany, was called to the stand next
and questioned regarding commu
nications between him and his
company about the riot policy,
which was canceled. In January,
1938, as of the day of the box
factory fire.
Major questions being raised in
the suit are whether or not manl
testations of union "troubles" be
fore the fire and the circumstan
ces surrounding the setting of the
fire constitute a riot, entitling .the
Salem Manufacturing company to I
recovery on the 320.000 riot I
oolicT. and whether or not the
company's delay in fillna its nroof
of loss until. after Rosser waa con- I
victed last July should prevent I
its recovering.
The West Salem firm a short
time after the fire filed a claim
under three fire insurance policies
and received $23,000.
Holmes Interment
To Be Here Tod
ay
TILLAMOOK, June 6-UP)-Fu-
nera isciviLcn lur xqib. auiiua w.i
1 M TZ VTT
Holmes. 73, widow of Circuit
Judge Webster Holmes of Tiua
mook and Washington counties,
will be held here Wednesday at
10 a.m. She died Monday.
Born in Portland, Oct. 6, 1865,
she was a member of a pioneer
Oregon family. She is survived by
a daughter. Mrs. Ruth King. Til-
lamook; a sister. Mrs. Oakley
. .,',,. . Ktv,
ori?n' SnSif0i.?iS
ers, John and Robert Williams,
Portland; Bert Williams, Tigard;
Frank Williams, Ventura, Calif.
Interment will be In City View
cemetery, Salem, at 1p.m. Wed
nesday
Mi Angel Death
Accident, Belief
State police said they had
ther they would resume inves
tigation of the snooting of Mrs.
Frank D. Hitton, 7. of 11344
N. E. Sacramento street. Port-
land while she was attending a
reception at the J. M. Broadk-
haus home at Mt. Angel.
Mrs. Hitton died In Portland
Monday as the result of the
wound.
Officer Hill, who conducted
the original investigation said
measurements snowea tnsi ne
bullet was fired from a long
distance and was falling at the
me it crasnea into me uroaa-
hsus home and struck Mrs. Hit -
ton in the back.
Police expressed the opinion
that the wound was the result ,
of a stray bullet
rereonahty Same,
'
T J afTl
Identity Oianses
J. O
: PORTLAND, Jane eWlV-Mrs.
iames E. Brennan's personality
Was the same but her Identity, un-
a complete revision today.
A eln dromMt tnr a -I.
turned ont to bo onlv n foater eon-
su. ledtothadlscoverrthaeAnBial11011' eownty chairman, and
ane nad known aa her Barents, th
----- .
lau Mr. and Mrs. Oliver Romans,
adopted her In 1101. "Her real mo-
ther, Mrs. Florence Morden. lives
Charles Mauley Wllkins, died atl
Minneapolis in 1920. I
Albany Funeral Director
Head State Association
- y
PrtRTi.Awn in.. w
rortmiuer, Albany, was Installed
last night as president of the Ore
gon Funeral Directors associa
tion at the end. of a two-day con
vention.
Dr. L. B. Barrick, Salem, wtmService$ for Jacob Koch
named executive committeeman,
and J. B. Hollings worth, CorraJ-
lla, second vice-president.
Wife of Justice Douglas
Viiiu Mother Sickbed
LA GRANDE" June Hffr-The
Ife of Associate- Supreme Court
WifsB ef ateiAlm to. flsevtsaavtaa , Pan a
Justice William Dourlaa rimitmA
the sickbed of set mother.. Mrs
CL aC Riddle, at 8t. Joseph ho
pitai today. Mrs. Riddle, attend
ants said, was "geitlnr -along
weu.
VarbeU Enter Hospital
f For Treatment for Arm
. " PORTLAND, - Ore-a June
UWS. A. VarbeU. 45. Salem.
who -. lost ; nls iWt- irn ' aome
time ago when it became en
tangled In a cable with which
he was " palling stnmps, Vreen-
aired a - hospital , hero . yesterday.
for treatment.
New Pupils Will
Get Health Tests
The Marion County Health de
partment is attempting , to ex
amine every child who is to
enter school in the fall and will
ke arrailKements for this if
mothers will call the- depart
ment. On Monday 41 children
from Englewood - scnooi w n o
will , enter Parrish Junior high
school were examined." Dr. Ver
non -A. -Douglas-And Miss Mar
garet McAlpine conducted that
clinic and the one held yester
day at Grant.
A clinic will be held in mui
City on June 21 from 10 to 12
and at Gates from 1 to 3 with
Miss Lucille Maskel and Dr
Douglas in charge.
Sprague to Speak
Before GOP Club
Governor Will Make First
Appearance at Club
Since Election
Governor Charles, A. Sprague
will make his first speech since
election before a local republican
organization Tuesday night, June
13, when he addresses a gather
ing of the Marion county repub
lican club at the Marion note
Mirror room, Del Neiderhiser
club president, announced las
night.
Lamar Tooze, Portland, presi
debt of the Oregon -Republican
club, will Introduce the governor
sna win give a report on nnaings
on a recent swing around the
state In party interests.
All republican clubs of the val
ley have been issued Invitations
to attend the meeting, and Nei-
dernlser invites all local republl-
cans and others Interested
Musical features will be vocal
solos by Mrs. Howard Thomas and
group singing led by William Mc-
Gikhrist, sr.
The sponsor club is engaged in
a membership drive to boost its
roles to 1000. All republicans IS
years and older are eligible.
The Tuesday meeting will open
at 8 o'clock.
- w - i mm'
Leslie lUetilO(llSt
Plans Open House
Sunday afternoon from 4 to
6 o'clock the Leslie Methodist
J" 2, u
?Kf h K "ll4th'i11"lf
J1? fit
since it has been transformed
will be welcome to come at this
time. They may also see the
building after the Children's
pageant which Is to be given
: at 8 o'clock that night. Children
0t all ages- and adults will ap
pear In this pageant. "Unex
pected Angel," by Marion We
fer. This is the first program
to be given o nthe stage in the
new dining hall. The work done
by the children in the vacation
church school will be on display
I T'in W Ttovtasff
Funeral Thursday
SILVERTON Mrs. Tina W.
Bartsoff, 85, died about midnight
Monday night at the home of
son, Alex Bartsoff. at Drake's
I ranch. Mrs. Bartsoff, born in Rus-
sia, had lived in the Silverton Hills
for a number of years. In addition
I to the son she Is survived br a
I daughter, Mrs. Tina Kazakoff. liv-
i ing in Canada.
I Funeral services are scheduled
I for Thursday at 2 p.m. at the son's
home. In charge of Larson ft Son
1 of Silverton. with interment
the cemetery near the residence.
Linn Democrats
Hfnnh'tiff TV.
-.r
I a v a arv w a
1 aamw wau SVmilV ACaU
h1 haT pUnoei r a mny
to be held here Wednesday night.
j Asaong. r.3Src 10
re rak V: ,ute
"Tf"' m vnn. "
, n,rtlf W
CirCBit COUrt fOOm in the COttTt
kouM Mrf- ZeW Springer, Leb-
I Ulu Tn,V . dI.U ilk
I wa;, ia
county ocrotary-treasurer.
Uonna Eymann Killed
n lipng9 Germany
nanna symann, winner of the
r " JTSLVi
txr In Leipslg. oermaay.
I when she was struck by an
1 automobile while crossing a
I Il, .
received hero Tuesday.
News of the woman's death
came to her brother,
Set forWednetday at 2
SILVERTON Funeral serv
ices for Jacob Koch. 11, who died
here - Saturday morning, are set
tor Wednesday -at 2 p.m. at the
Larson and Son chapel. Rev. Frank
tTln the MUk-r miter
biBi5 MU .r f?eter7',
Zook officiating. Interment will
1 1 8nrvivors include a daughter.
Estella Condon of PhUadelphla.
12030 Club Will Sponsor
. . j
Benefit Dance on Friday
The Haunted Mill at Rkkreall
I will be the scene of a spring bene-
I fit dance Friday night, to bo given
under the auspices of the Salem
X0-J0 club. It is to bo a carnival
dance. - according to Chairman
Carleton L. Roth, with, games.
hats.. balloons and door nrixes.
The Ton Hatters orchestra will
play. for the dance,, the proceeds
L from which will be used la civic
1 projects sponsored by the club.
Baldock Propose Stale
Redace Sumdardg en
Some Roads
PORTLAND, June" tWffV-Tn'e
state highway commission consid
ered today a new policy covering
construction . of pleasure roads
that get little traveL
The policy, recommended by
Highway Engineer R. H. Baldock
would "reduce standards on roads
where the benefits are small" and
improve the roads as money be
came available, "t"" t t
Baldock proposed the 20-mile
Cascades lakes , road , from .Bend
to the mountain lakes, IT miles
of which s is in national forest,
wheih would cost more than
31,000,000 and require many
years to build as a standard high
way, be constructed completely for
about .320,000 on reduced stan
dards. Baldock said he hoped by the
Cascade lakes demonstration to
convince the federal bureau of
public roads and the forest serv
ice of advantages of getting us
able routes out of the mud and
dust quickly and cheaply.
The commission will hear resi
dents of Bend June 22 before tak
ing final action on the work
which would Inaugurate the new
policy.
DeArmond's Home
Burns to Ground
MONMOUTH The farm home
of Mr. and Mrs. E. E. De Armond,
about nine miles south of here.
was totally destroyed by fire Tues
day afternoon. The loss was cov
ered by insurance.
Neighbors assisted in saving all
the furniture on the lower floor
but all contents of the npper floor
were lost. A large barn near the
house was saved, preventing a
much larger loss.
Mr. De Armond said sparks
from a fireplace might have start
ed the blaze. The house was an
old building, having been occu
pied by the De Armond family tor
the past 30 years. They plan to
rebuild this summer.
Helen De Armond, a daughter,
is visiting her parents. She lost
most of ber effects in the fire but
salvaged her return ticket to San
Francisco, her home.
Jefferson Job Is Open
WASHINGTON, June 6-UP)-Ap-
icatioQS will be received by the
civil service commission until
June 16 for the postmastership
at Jefferson, Ore.
H5S
nQSQ
ac,r ihi wjii
LATEST DAILY III
The; lOregon Statesman
V
bit:
Little Vega Bergdoll, 3, clinging to her mother, Mrs. Grover Bergdoll.
met ber father, the notorious draft dodger, for the first time when
she visited him at Castle William army prison in New York, and
. promptly called him "papa." Two other children, Alfred (left),
11, and Irwin, 5. also visited Bergdoll, who recently returned to
this coantry from hi self-imposed exile to serve the remainder of
a prison sentence given him for draft dodging. At right Is his at
torney, Harry Weinberger.
Polite Marauder
Gives Back Buck
A lone robber listened to the
plea for Albert and Edna Bain
ter of a West Salem food shop,
and returned $1 in change and
$6 he obtained in a stick-up
about midnight Sunday.
The man, young, wearing a
light suit and unmasked, enter
ed the place as Bainter was
washing dishes. He obtained the
$6 at the point of a gun, and
after he had insisted that Bain
ter arouse his sister, Edna, who
had retired for the night.
Fire Guts Apartment
ASTORIA. June 6-tiP)-An ear
ly-morning fire gutted the Astoria
apartment house today, driving
occupants of 12 apartments into
the street and doing an estimated
M
pn-n-yenn noon
brjicalyUyottiac
Jjy plsnsbg a Indirldualixd wardrobt Our
krtfArmAdaittifaxhicmbook
wasctly Cwrt with ttiggtstiont for crdwiles'
Baondsuntcm ttylvt. clatslci for spoiUwtcr
end cdry gowns for pdcd occcfaioni
Order the Summer pattern book today from oar
Pattern Department, 24S West 17th Street, New
TorfcN. Y. Enclose fifteen eenU in coins or, If
jon order a pattern at the same time, the price Is
twenty-fire cents for both.
I if
"ti
1
uu
i
$17,000 damage.
No one was injured.
HOLDS FALSE TEETH
ULALnJ
for weeks:
Often Montnsf
New DMcvry! Dn--
DI...L. .k. I
ittntl. KalicvM the
inc. arappmc. ckafinc. -. - TO aPLy
Old pU fa l mrw tAST TB
Bfimt Easily clnwl j,y ( N Sjjsfc
a ntalM r. Tl uAuiYllft
Makes OM Mates HT Uk Naw
i J i
SuaatrliagloTiouJtia