4 n n Fmm 'szsn- a n n ; 0S3OOO8 iJ'Ii LpJil n n r? H i S1KQ U The government has lost .the " first round in federal court on the ; direlct test of its powers to take i -j- over a.merchandising firm -Mont-: gomery Ward's because of its noncompliance with directives of the war labor board.Judge Philip I . L. Sullivan has made lus decision which supports the position taken by Sewell Avery, War chief exe cutive, in what is one of the tough est i legal battles of the decade. ' Judge Sullivan held that the gov ernment lacked authority both un - der the war labor act and under the general provision of the con stitution making the president : commander-in-chief of the army said navy. 'i The ruling on the latter point is a direct rebuff Of Attorney Gen era! Biddle who has maintained the: president's commander - in - chief power, extended to expropri - ation of private business in time of waf. As to the first point the extent -of the war labor board's authority Judge Sullivan held that the act conveyed no such cower and that congress, alone had authority to compel obedience. On this point the war labor board was in something of a Jam, for the board in other cases has plead L n t 4 HUM .j.,;.,.-. w rather than compulsory. " The case of course will go up to a higher court; and perhaps the final ruling will not be made until the war is about over. Meantime, presumably the army will continue to sit in command of the Ward Stores: .y& ,r -' (Continued on editorial page) Health Board Bill Opposed The Oregon Jersey" Cattle club was on record today apposing reorganized department of health (senate bill 89), but favoring contemplated Oregon Dairyman's association measure, the associa tion's program for improvement of all dairy products,' and strength ening of the bangs' testing law. , The dub met at the Marion ho tel Saturday. "A chorus of "noes" greeted v suggestion by S. W. Melott that vaccination of dairy calves, in re gard to undulant fever and bangs control, be compulsory. , (A provision tb compel such 'is contained in house bill 83 which also would compel pasteurization - - of milk except that bottled on the ! premises.) j Present officers were re-elected, including M. N. Tibbies of Inde pendence, president; M. G. Gun derson of Silverton, vice president; J. F. Svinth of Grants Pass, sec retary. L (Another story on page 16) Meanest Thief Takes Dimes No election would be required to brand as the "meanest thief the person who took from a coun ter in Mickey's ' sandwich shop Friday night a bottle almost filled iwilh coin and currency for the light ' against infantile paralysis, city police declared Saturday. Mickey Flax, proprietor of the restaurant, incensed at the act of fered $25 for information leading to the arrest of the culprit A week ago, police said, a similar bottle was stolen from the counter at the Pioneer club. Each contained between $20 and $30, it was esti mated. : ' r - Help Yourself! Turn to the Complete Classified Section of. Your Statesman V " 'The World at Your Door Each Morningl By Cattle Club ::,,(; " ' ft 1 Vi-CTni " i V"tY " HM-J I f B 414 Cletn tf ' -M BnnuM ! '. .. . Jl. - 1 - - Ryukyu, I : Formosa;.. jOCfe largets :1 h 135 Nip Ships, 368 Jap Planes Bagged by Yanks U. S. PACIFIC FLEET HEAD QUARTERS, Pearl Harbor, Jan. 27.-jF)-The navy announced to night that carrier-based planes sank or damaged 70 Japanese ships and vessels and: destroyed, or dam aged 68 planes j January 21 in the Ryukyu islands a day after they sank or damaged 125,000 tons of shipping at Formosa. The ' navy previously had an nounced the attacks but gave only preliminary accounts of destruc tion to planes at Formosa. " 300 Planet Bagged Tonight's recapitulation said more than 300 enemy planes were accounted for January 20 at For mosa, with 47 shot down, 102 de stroyed on the ground and 162 damaged. In the January 21 attacks, cen tered on Okinawa island, four Nipponese ships and 25 vessels were sunk, five! ships and 36 small vessels damaged. ' "The two-day operations cost our forces 15 carrier aircraft lost in combat," fleet Adm. Chester W. Nimitz said. 60,000 Tons Sunk " The carrier assault on Formosa January 20 resulted in the sinking of 60,000 tons of shipping, includ ing six oilers and four medium cargo ' vessels. Tonnage damaged was listed at 65,000. The communique supple mented Nimitz' report of January 22 which told of the destruction of 140 Japanese aircraft, in the air and on the ground by . American navy planes in the January 20 blow at Formosa. Approximately 100 other enemy planes were dam aged. 5 1 This operation included attacks on. various airdromes,, on the Jap anese naval base at Takao, and on the neighboring Pescadores and Sakishima islands, i WPB Exempts Oregon From New f Brownout' WASHINGTON, Jan. 27; Hh The war production board today formally exempted five areas . of the country, including the Pacific northwest and most of Texas, from the illumination! "brownout" start ing February 1. - .. " All the area exemptions will run until June 30. WPB said, the Before that date, full use of power companies in the exemDt areas will be rechecked to determine whether any saving of - coal or other scarce fuel could be made by turning out ing in last naif unnecessary light -of 1945. The Pacific northwest exemp tionWhich includes the entire states of Washington, Oregon, Ida ho, Montana and Utah was based on that region's almost exclusive use of hydroelectric energy. Three Are jVamed to State Board of Health Appointment of Dr. ' C. Hard- wick, Hood River, and reappoint ment of Dr. I Thomas E. Robert son, Portland, and Dr. Charles E. Hunt, Eugene, as members of the state board lof I health, were an nounced by Gov. Earl Snell Sat urday. Dr. j Hardwick succeeds Dr. Thompson Coberth, The Dal les, resigned. f Oregon Anti-Japanese' Group Probably Will The title j "Oregon Anti-Japanese, Inc.," Is not unlawful bat it would be Ibetter to alter It to conform more nearly with the group s articles of " incorporation which provide merely for an edu cational program for aliens and do not mention nationality. Attor ney, General i George N tuner said Saturday. ' i - L As a consequence, the Gresham sponsors of the organization were understood . o f havv agreed to change the name and re-file with Corporation Commissioner Mau rice Hudson. I " " V ; ' Hudson referred the title and articles tt Neuner for an opinion some time ago.' (A similar name filed previously by Portland in terests was withdrawn.) Neuner said the name is dis criminatory between American citizens of Japanese ancestry and other citizens and it would seem wise, under the circumstances, to inNETY-FOUaTH YEAH Arm y fieaches Naziland Germans Retreat; j jAlsatian V enture I Ends in Failure . J By Edward Kennedy - ). j PARIS, Sunday, . Jan. 28.-() troops of the U. S. Third army reached -the , German frontier: at fiye places yesterday after sweep ing up 11 Belgian 'and Luxem bourg towns in gains, of nearly four miles at the harassed Ger mans withdrew behind the natural barriers to Germany all along the western front. ' n i The Third army, In pushing to the Our river in several places, (emulated the U. S. Ninth army and the British Second army, which have reached the west banks of the Roer Tiver j system jto the fcorth. Thus, three Allied armies are poised on: the banks of river ! barriers to the reich. . , v Naxia Pushed Back ' - ' J .v Rooting the last Germans from Clervaux, once a German anchor in northern Luxembourg, . Third army divisions . engulfed all but a mile and a j half of the skyline ighway to St. Vith, and squeezed e enemy back to within a mile r two of the Siegfried line along 23-mile front. - 11 One force reached the Our river at the Belgian German border cine and a half miles south of St Vith, where a cluster! of four vil lages were quickly mopped up. Venture Fails , ' V'-js l '- The enemy's northern Alsatian venture, which this week threat ened the province's .capital of Strasbourg, ebbed so low that U. Seventh army forces were able make only patrol ! contracts. ong the 20-mile front as the lowed through deep snowbanks. The only activity reports was mopping up in Schillersdorf, i 22 miles northwest of Strasbourg, and there: was a feeling on that front that) the German scheme to break across the Moder river line in an attempt to reconquer Alsace had been frustrated. John Croddy Dies in Battle ! ,m -i John Jerome Croddy, 18, fire controlman, third class,: was killed October-25 in the second battle of the Philippines, I his parents, Mr.'and Mrs. Guy R. Croddy, 2209 North Front street, have been no tified by the navy department The parents have Just recently received their first -letter since jNovember, 1941, from an older on,tPfc. Guy William Croddy, in a Tokyo prisoner 'of war camp. Two printed form cards, were re ceived a month apart - August and September, 1943, Guy William Croddy enlisted when he was 17, in October, 1940, 'and observed his 31st birthday in the Japanese prisoner of war camp last August (Additional details on page 2.) Change Its Name call attention of the. incorporators to the situation . . . which may seriously handicap' them In carry ing out the Intent ..... they seek to accomplish.' j : The attorney general also cited that there were two classes of Japanese aliens, and American citizens of Japanese ancestry; said that aliens had equal protection under the law; and pointed to a U. S. supreme court decision say ing 5 that "racial discrimination . . . has no Justifiable1 part what ever in! our democratic way of life." - - A California 'group, which had sought to form an : organization under a I similar name, announced Friday it, too, was altering the title. ' The Oregon group's articles of incorporation portray as the pur pose! of ithe organization an edu cational program in regard to the history, pre-war activities and fu ture disposition of "liPfS. !' p ; - f "Ir t:Al 't:; -i ' ' 3rd 22 PAGES em, Avenger Has i 1 Sal & L I - Failing to cut Ms gnn soon enoogh, the pilot off a navy Avenger missed the barrier on his escort eaijier and 1 everran the flight deck, , plnnglng Into the forward five-Inch gnn meant His lock was with , him. He was uninjured. War theatre where the mishap eccnrred was hot disclosed. (International Soondphoto ,-, - , I : . Superforts Hammer Saigon , WASHINGTON,! Jan. s 27-(Superfortresses destroyed or damaged 75' Japanese planei and five of .their own number were missing In today's smash atTokyp7:;20yt yir force headquarters reported.. i , iu- ,1 y. s,- : j 'r . It was the largest bag of enemy planes claimed on a single mission of the sky giants: The Yankee Subs Sink 21 More Jap Afessels WASHINGTON, Jan. 27 - (P)- US submarines are pushing up to ward the thousand mark in the number of Japanese vessels sunk. The navy reported another 21 today.- - ; t.: . ; J . '.-1 The total now is 979. The latest toll includes a light cruiser and), zu non-comDaiani ship tankers, cargo, transports and cargo vessels, all categories in which the enemy has been report ed to be feeling a sharp, shortage. Sinking dates, were not given, but may have been any time in the long cruises of the submarines in volved. - ; lii: .- One I large- and one medium tanker claimed today raised to 96 the total; of ; that type claimed by US submarines since the start of the war.V'-iV 1 ' : 1 , ! : - : Adm. Nimitz Moves Qo8er to Action advance! u.-s. -pacific FLEET HEADQUARTERS, For ward Area, Sunday, Jan. 28-)- Adm. S Chester: W. Nimitz, to get closer to the jseene of operations in the Pacific has moved his hea3 quarters well west of Pearl Har bor, starting point of the war, it was disclosed today. lif . He Issued his first .communique today from this headquarters, sev eral thousand! nautical miles west of Pearl Harbor, filling put the picture of previously announced carrier-based I strikes i January 20 and 21 at Formosa and Okinawa in the Ryukyu islands. Planes' Ready at Berlin. ' To Fly Nazis to Safety. LONDON, Jan. 27 1 -- The Moscow; radio said j tonight that planes were ready at the Berlin airpori for the flight of high Nazi officials at a moment's notice and that in ; several Berlin railway stations trains' are under steam to cope with evacuation of the skel eton party set-up In the city." Industrialist Dies . '4 ' S PORTLAND, Ore:, Jan. 27 Donald.; B. McBride, 80, Portland and Seattle Industrialist; died here tonight dear Today exceptTlor morningl 'valley fog in the mid Willamette valley area, predicts US weather bu reau at McNary field, Salem. Oregon, Sunday, Moralag, Jcmuccrf 23 ISiS I . ' . . . '"'.'!. 1 ' . ! i - . i- mm ii ii :u Close Call 'C1 a. raid moved up from the Marianas while a second force of the B-29s flew from India - 3200 miles to crack down on the Japanese at the bigj French Indo-China "base of Saigon. ! '-j The daylight mission against in dustrial j targets in the j capital of Nippon Involving perhaps 60 Su perforts fended off "heavy enemy fighter opposition on the way ' to the: target" k ; - If The Tokyo raiders claimed 3 1 Japanese "planes destroyed, 10 probably destroyed, and 34 others damaged. Bombing was through broken- clouds but with "genera ally good results" on this seventh mass attack against the j city's war targets. I V, . ''!'":: s 1:1. V Results of the combined sky battle and raid -were given in an add" to headauarters first com- munique an unusual procedure. The Americans were elements of the 2 1st! bomber command based in the Marianas. i: At Saigon, : Indo-China's big port, the situation, .was different John Grover, ' Associated Press correspondent at the India- base from which that .mission of B-29's operated, reported the j American fliers took the Japanese by sur prise in the first Superfortress at tack on that city.' This was con firmed by the communique state ment 'that no fighters or ' flak was encountered and that all planes of the medium sized force returned to base. I" : '' ' Newborn Babes Diejin Hospital .CINCINNATI, Jan) 27 -( Five newborn babies in a Cincin nati hospital have been made se riously ill, and three others may have died in an outbreak of contagious enteritis which Health Ccmmissioner Carl Wilzbach said was first described to medical cir cles only, last October..': c Reporting the outbreak: today, Dr. Wilzbaeh said the three deaths were attended by symptoms simi lar to those observed among those now under treatment ! : . i The disease, he said, is marked by soreaess. of the mourn, par ticularly the under surface of the tongue, followed by severe t diar rhea. i . - ' i ' -' ' Barham Brothers - Get Contract for Ginnery Barham Brothers, Salem, Sat urday were awarded the contract for construction of the new Pro ducers Cooperative Packing com pany plant on North Commercial street which when completed and equipped is to cost approximate ly $110,000. ; All sub-contractors on the job are Salem firms. The Producers former plant was de stroyed by fire late in November, (Complete list of contractors on page 6.): ' i , Tofev Uestroy-uamaae Prlc Lead to Steaks, Money arid Pen Red paint and misplaced Inge nuity are contriving to provide merchants with new;, and varied headaches in Salem. The' red paint was discovered Saturday, at the Midget Meat market .it covered two ration tokens . which i otherwise ' would have i been- blue,' and, therefore, not valid for a Sunday steakj . The ingenuity , was displayed by making a $1 bill look like $10 on one side.- The method seemed to be to peel a $10 bill into f two parts and paste each part on $1 bills. If passed, the $10 andijtwo $1 bQls, therefore, ; would bring $20 a net illegal overage of $8. Neither trick wai 'advised! un- ess the culprit has a yen for a federal prison. ! ieaerai prison, f - , Yanks Capture t : ; By C. Yates McDonald v v GENERAL MAC ARTHUR'S HEADQUARTERS i Luzon, Sun day, Jan. 28 -P)-Gmture of the Pampanga province town of! An geles, 44 airline miles from Manila, by southbound sixth army Yanks was disclosed today In a field dis patch after Gen.' Douglas Mac- Arthur's communique had repor ted the 14the corps was approach ing it In force. , , 1 In a dispatch ' dated Saturday from Angeles, Spencer Davis j As sociated Press War correspondent, a. - m . - m a. -j m. m ... uiaoi mass ciauering tnrpugn the central .plaza while crowds cneered and a. dignified matron, God Bless America. J Angeles, on the main Mahila- Baguio highway, is a scant - 10 miles northwest of San Fernando, the captial of Pampanga province. It is on the road which leads be tween two swamplands just south west of San Fernando, the short est route to Manila. : ! Davis' descriptive of the fgala scene, made it evident there was not even a semblance of fighting in the town. State Second In E Bonds PORTLAND, J an; 27.-ffHre- gon . placed second in the nation with E bond purchases averaging 34J9 per, capita in the sixth hwar loan drive, E. C Sammons, state war finance committee chairshan, announced today. i The state's total purchase ' of $40,714,900 in E bonds led Pa cific coast states and was outshone only by North Dakota, with aver age of $37.50 per person. Washington, with an average of $34.14, followed closely behind Oregon. ' - :-:i -.: Sherman county ranked first in the state by attaining 225.11 per cent of quota. , I, ramt, lnisenuitVj Town 44 Miles Sophomores Sing Their W&y To First in Freshman Glee: - By Xuth Anderson . Campus correspondent, T Statesman Sophomores 'danced with i the dolly- with , the hole' : in I her stickin a second hilarious time Saturday night as they pranced to the platform in 'the Willamette university gymnasium to collect the banner as winners of the 37th annual Freshman Glee. Their first trip they had inarched primly kept the hole In the stocking out of sight as it were. , f Juniors placed second, seniors third, and frosh came fourth to take the penalty of a swim in the mill . race. - . Z ' f ... Nearly ; 2000 : persons saw;, the winning class ; take their , '.first stately march to the stage, form a W and U, then break" to out line an ax. and beard it sing its "Song of Willamettee from both positions. Placing first In' both words' and music (by Betty Louise Sihkola and Alice Rose),!; the winners scored over juniors' and seniors, who took second and third, re spectively. Juniors rated above i 5c Ko. 2S3 Seizure ; Not Legal, llllOll Government Will JIake Immediate Appeal on Case! CHICAGO, Jan.: 27 -iPH The government lost its suit against Montgomery Ward and" company today when federal Judge Philip L. Sullivan ruled - that - President Hoosevelt had neither statutory nor constutional authority to or der army seizure of 18 company properties. ' - ,..- ' A t Plans for an immediate appeal were initiated, however, by US. district attorney J. Albert Woll, whereupon Judge Sullivan stayed all proceedings so that army con trol will continue at least until the appeal decision. Woll said the case might reach the circuit court of appeals next week, or it might be taken directly to the U. S. supreme court f Contention Upheld . . The court upheld Ward's con tention . that the company is not a war production plant within the meaning of the war labor disputes act and therefore is. not subject to the seizure' iowerc of that act The apinion also noted that war labor board directives are "only advisory, which the . government previously had conceded, and said that if the disputants are willing to i obey WLB .- recommendations "then congress alone is the only branch of the government which can compel them to do so. ' Hurts WLB Prestige . Chairman William H.' Davis of the war labor board said in Wash ington that "if the decision Is not reversed or congress does not take appropriate action to make the war labor board's orders: of. set tlement - effective on . everybody, the whole plan of peaceful settle ment of wartime labor disputes will collapse. " j : -I Blood Donor j List 85 Short j ) Blood donor registrations tot Tuesday In Salem were 85 short Saturday night Persons j eligible to make the contribution to save lives of men on world battlefronts should register with Marion coun ty Red Cross offices Monday, tele phone 9277, Salem Junior. Cham ber of Commerce members urged. Men o "Oregon's own" 41st division have organized their own blood donor service, but no di vision; can fight and . give all the blood required . by its sick and wounded. Jaycee workers in the blood donor campaign declared. Last week for the first time in five weeks, donations here fell be low the maximum pi 200 which can - be taken when the mobile unit from Multnomah :! county works in' Salem. ; . r sophomores in formation, seniors scoring third on that point The three upper classes -tied in ren dition, - and ' freshmen f placed fourth on all Judging points. I The alma mater songs - were judged for musical composition by Dean Melvin H. Geist and Ralph Dobbs of , the , college of music and Gretchen . Kreamer, Salem public , schools' musical' supervis or." Words were evaluated by Ada Ross, Salem high school English department head, Marion Mo- range and Henry Kohl er, Willam ette professors. ' , -Lt Marshall WooddeU, com manding officer of the . tmlver sity's V-12 unit, and Grace Wol- gamott physical education teach er, Salem high school,! judged formations. Rendition was judged by Alta Lewis, director of relig ious education for the First Pres byterian church, John Schmidt director of music at the First Christian church, and Josephine Albert Spaulding, Willamette graduate and prominent north west vocal artist - " Op Russians Surroundl Poznan Masurian Lake Defense Broken Near Konigsberg LONDON, Sunday, Jan. 28-(4'H -The Red army surrounded the bli " western Polish stronghold of Pox- nan yesterday and Berlin an nounced that Russian troops had raced on 43 miles southwestward : across the snowswept plains and reached the German Brandenburg frontier within 88 miles of Berlin. . Striking SO miles northwest of Poznan other Soviet. tank columns - began ', attacking v Schneidemuhl, '.'-.V-. German fortress four miles inside -Germany' and 133 miles northeast of the reich capital; the German radio said, as the Russians begsit deploying on a broad arc. facinsj straight toward the heart of Ger many. ' Sosnowiee Falls , I In southern Poland another So viet' army toppled the big indua -trial city of Sosnowiee and a clus t ter of nearby factory towns. Just ' opposite the German portion of Silesia, and Berlin announced that all work had stopped in this area which is secpnd in importance as ' a Nazi arsenal only to the Ruhr district on the Allied western front " . v'! ' i Breaking completely the for midable Masurian, lake defense line in Fast Prussia two other So viet 'armies poured Into the heart of that tottering reich province and: drove to within four miles northeast of Konigsberg, its cap-. itatjwith the seizure of Neuhaus en, the Moscow communique an- 1 nounced. - ; r- Three thousand German troops were killed during the day in the ' Konigsberg ' sector, said ' the sup plemental Soviet communique is sued at midnight ' adding that "large enemy forces' have been trapped in Poznan." " 800 Naxls KUled More than 800 Germans were' t killed and 7Q0 takenT prisoner ' the southwestern approaches, to). . Poznan,' the communique said, and all highways and railways leading from the surrounded western Pol ish stronghold into Germany have been cut -The Germans launched 11 counter-attacks around Sos nowiee before the city in the stra tegic Dombrova coal basin was captured. Some 1000 enemy of ficers and mien were taken pris oner in the area, including , CoL Dradich-Wercher, chief of staff of the 42nd German army corps. Moscow did not confirm the ' - Berlin reports that the Russians had reached the Obra river fron tier f of Brandenburg,1 Berlin's home province, but did disclose that the Russians were fanning out on all sides of Poznan and had ; captured Buk, 18 miles southwest I of the last big Polish city in Ger man hands. Nazis Abandon Industries of Upper Silesia LONDON, Jan. 27 -'(ff) The Germans ' announced tonight that in the face of the red army offen sive they had abandoned .the in dustries of upper Silesia, regards ed as second only to the Ruhr a nazi arsenal. The industries ; h a v e been stopped and territory given over to the German army, to defend or" surrender, a Berlin radio an-' nouncement said. ' The .wording of the announcer ment indicated the nazi command was preparing - the people for A blow; which had already fallen' Moscow in the last fou days has) announced capture of most of thel most Valuable area of upper Si lesia, including the cities of Sos- nowiecz, Dabrowa and Bedzin ii( Poland and Hindenburg and Glei witz on the German side of thej border, . . .-; Foii-estal Not Over-Gonf ident BAYONNZ, NJ, Jan. 27-(ff)- James V. ForrestaL secretary ot the navy, said today .wthere is nd evidence, yet . of .any rout, in th4 ' German retreat on the eastern. -front - LThey are withdrawing to the great line of defenses on the Oder 1 river, and on those defenses they, may: fight with the same tenacity", and ferocity they have shown ia the west, the navy secretary tolq workers at the General Cable cor4 poration plant here during aa army-navy award presenta tion. . .. Weather Max. Min. Ba 1 8aa rraacbee Ensen -, , Salei . Portland . 4i 42 .15 4 3X SvatU .49 I 3 WUlunetU rtvec S In,