i i
PEPCO HELD TO
BE A RAILROAD
NOT A UTILITY
Salem, June 21 (P)-The Portland
Electric Power company Is not a
"public utility" and the public utili
ties commissioner has no Jurisdiction
over Its budget expenditures, the at
torney general held today in an
opinion to Frank C. McCollocn,
commissioner.
The opinion held thst because the
company owns and operates a rail
road, It Is a railroad company, and
under the 1933 utility budget control
act the commissioner would have no
right to control Its budgetary oper
ations. Railroads in Oregon are not
classed as public utilities under the
law.
In explaining the opinion Utilities
Commissioner McCollocn stated that
the Portland Electric company own
ed all the capital stock of the Port
land General Electric company, Wil
lamette Valley Railway company,
Molalla Electric company, Yamhill
Electric company and the Portland
Traction company. These five are
"publlo utilities" and have submit
ted themselves to the jurisdiction of
the commissioner.
In 1933 the utilities commissioner
levied an emergency assessment
against public utilities and the five
affiliated firms were sent statements
which were paid, but aid not send a
statement to the Portland Electric
Power company. However, in addi
tion to making remittance for the
five firms the parent company vol
untarily paid (500, which later they
requested rebated. Tins was done oy
the legislature and the opinion held
the act valid.
When the present commissioner
assumed office he made inquiry
to why the P.E.P. company had not
filed Its annual budget and request
ed the firm to do so. The opinion of
the attorney general upheld the for
mer procedure, holding the firm did
not have contracts with the five util
ity firms for payment of service,
managerial construction, engineering
or financing fees, and that the com
panies apparently operate independ
ently. Therefore the firm was not
compelled to file Its annual budget
since it was classed as a railroad
company.
The Portland Electric Power com.
pany, It was brought out, owns the
railroad from Portland to Qrcsham
and Oregon City.
The so-called budget law under
which the annual budgets of public
utilities Is filed gives the commis
sioner power to disapprove expendi
tures proposed to be charged to op
erating expenses which In Its discre
tion do not properly belong In such
category, McColloch stated. The law
also gives the right to levy assess
ments against utilities for investiga
tions. Continuation of
Ex-Oregon Cons
From page One
away from the prison when he es
caped November 7 Inst.
Laird, a few months ago was
caught at St. Paul as a counterfeit
er, tried at Salt Lake City and Is
now In McNeil's Island prison. He
also was suspected of having at
tempted a mall train robbery after
his escape.
Mlcheucr and Laird were pals In
the Oregon prison and wrote in col
laboratlon for western story maga'
zincs under the names of Michencr
& Laird. Michencr and Franzeen
were two of five prisoners who es
caped over the prison wall July 2,
1920. They were later captured
without resistance in Yamhill
county.
Before doing time here the pair
were inmates of the Idaho reform
atory for grand larceny. They were
received at the Oregon prison
March 10, 1920, from Multnomah
county to servo 10 years for assault
and robbery. Michencr was then
19 and Franzecn 20 years old. They
claimed to be printers by profes
sion. Both received their discharges
November 17, 1932, two years before
Laird s escape.
A one-day de luxe express rail
way service has been established
between Batavia and Soeravaja
Nethcrland Enst Indies.
Reveals Secret
uu... tk rirmll Harriet HSO'
man (above), former Vanities dan
cer, brought separation suit
against IX Harry A. bastlan the
. i-----.J him violation of
rules. Ha facts court martial for
mri iiiu -
Igraduatad from Watt Point (Asso
ciated Preta Photol
Lightest Ballot Ever
Cast In Salem Passes
Both Bond Measures
In the liKhtest vote ever cast in Salem both bond mea
sures carried in yesterday's special election. The $22,000
drainage bond bill was adopted with a majority of only 13,
the vote being 387 for and 37
against. The (185,000 bond measure
to take up the city's warrant debt
carried overwhelmingly, 501 to 195,
a majority of 308. Only 770 voteers,
or about 6 per cent of the registered
vote, participated in tne election,
The vote by wards was
Drainage
Bonds
Warrant
Bonds
Yes No
Ward Yes No
53
47
73
74
58
73
77
75
73
38
21
42
55
72
101
TOTALS ..387 374
501 195
Wards 8 and 7, the former more
directly to be benefitted than any
CRUISERS FAIL TO
GET OUT OF HARBOR
Hongkong, June 21 WV-The two
37 year old Chinese rebel cruisers
which on June 17 ran through land
forts" fire from Canton, tried to
leave Hongkong harbor today but
were beaten back by a large modern
cruiser. '
Their foe was believed to be the
2500-ton Nlng Hal, four years old,
and one of the prize ships of the
Nanking government.
The rebel cruisers, Hal-Chl of 4300
tons, and the Hal Chen of 3000 tons,
started for Shanghai at 4:45 p.m.
after taking In supplies. They had
Just cleared the harbor when the
modern cruiser Bore down on tnem
and opened fire.
There was no Immediate com
munication with the land and what
the effect of the fire was could not
be Immediately determined, but the
two bigger ships were seen to put
back out of the way of their smaller
foe.
London, June 21 (Pi An ex-
ohange Telegraph dispatch from
Hongkong today said officers and
men of British warships there had
been recalled to their ships In view
of the possibility of fighting in
British territory between rebel and
loyal Chinese vessels.
M'KENZIE UTILITY
DISTRICT SOUGHT
Petitions from Lane county resi
dents requesting creation of the Mc-
Kcnzle River people's utility district
were filed with the state hydro
electric commission here today, It
was announced by Charles E. Strlck-
lln, secretary.
The proposed district Includes 578
square miles, has 600 population and
an assessed valuation of (1,889,003.
The purpose of the district is to
construct transmission lines from
the Eugene municipal power plant.
A special election will be necessary
to approve the proposal:
Continuation of
Corsican Bandit
From paga One
Heir Andre Perrler who will suc
ceed him In the Job which has
been In the family since 1879, be
gan taking down the portable guil
lotine. M. Delbler Is on his way up
to his 400th head.
Spada was arrested In 1933, con
victed last March of four murders
out of 14 he Is known to have
committed and of scores of which
he was suspected, and sentenced to
death. Presidential clemency was
denied yesterday when Delbler ar
rived. Spada's rule as a bandit, the
last of the great ones, lasted some
13 years. His career started by ac
cident. There was a party at an
Inn, with the usual music and
dancing and drinking. There was
a fiBht in which a sailor was cut,
Gendarmes arrested a friend of
Spada, not the one who did the
cutting. Spada and the others pro
tested vainly. Spada killed a gen
darme and fled Into the maquls,
the Interior brushwood, and assum
ed the title "King of the Maquls.
Murders of business, caprice and
romance followed for years. He ap
pointed municipal officials and ex
torted money In tribule. The gov.
crnment sent gendarmes and troops
finally to clear the Island. Spada
eluded them all for 18 months. He
was caught one day as ho emerged
from a church.
INCURABLES WANTED
Arthritis, sinus, hayfever, rheu
matism, sore and stiff Joints, to
try, free, our Miracle Rol-a-Ray
Instrument. Write ROL-A-RAY,
Capital Journal or 310
Oregon Bldg., Portland.
A permanent, profitable con
nection can be made for re
sponsible local manager.
Hol-a-Ray Aids Nature's
Way To Health
other by the proposed drainage Im
provement, voted against the meas
ure. All other wards were favorable
by small majorities. All wards voted
in favor of the larger bond issue.
Mayor V. E. Kuhn said that ordi
nance bills providing for the sale of
the two bond Issues may be Intro
duced at the adjourned council
meeting of next Monday night. The
meeting was called expressly to op
en bids on (1,100,000 water bonds to
purchase the Salem water works.
While the (22,000 bonding act al
lows a final maturity in 20 years,
the council may decide to make
them five-year maturities In the
hope of fixing an interest rate lower
than even the 3 '4 percent at which
recent Issues have sold This, It was
believed, would be attractive to
bankers.
The drainage improvement can be
started almost immediately, City En
gineer Hugh Rogers said, or as soon
as the Marion county relief commit
tee has given formal approval. Fed
eral funds to pay labor will be avail
able in the sum of about (70,000
and the city has some available
fudns in addition to the (22,000
bonds.
The proposed storm sewer, to car
ry surface water only, is planned to
start near 25th and State streets,
lead toward Olinger field, thence
along D street to Fifth and Church
where it would empty Into Mill creek.
SABIN FAVORED TO
WIN TENNIS TITLE
San Francisco, June 21 (LP)
Wayne Sabin, 19-year-old Portland
slar, today became the favorite to
take to Oregon the 1935 men's sin
gles championship of the California
stale tennis tournament.
The black-haired Portland youth
bounded into favoritism through his
performance In eliminating Edward
(Bud) Chandler, seeded No. 1, In a
quarter-final match on the Berke
ley tennis club court yesterday.
Using a cannonball backhand
drive mixed with deft lobbing, Sa
bin eliminated the early favorite by
scores of 4-6, 12-10, 6-4. Chandler,
an almost perennial state champion,
bowed before a combination of bet
ter strategy and stronger legs. He
was puffing badly at the end while
Sabin finished with a pair of badly
blistered hands.
So close was the match that in
the last set seven of the ten games
played went to deuce.
While Sabin was resting today for
his semi-final match Saturday
against Howard Blcthen, San Fran
cisco's Alice Marble held the center
of the stage in the tournament.
ELECTRIC
REFRIGERATOR
Full 6 Cubic Foot - Model 1935
Buckeye Refrigerator
With Dayton Compressor
A real bargain. Come in
and see them .'.
Reg. ,$129.50 New
1934 4-Ft. Frigidaire
Now
Reg. $199.50 Slight
ly Used Leonard
Refrigerator
Reg. $164.50 New
Model 1934
Frigidaire
Reg. $199.50 52-Ft.
De Luxe Grunow,
Slightly Used
Reg. $295 7-Ft.
Super Frigidaire,
Used
Closing Out Several Model Cold Chests
Crosley and Others
$6930 up
IHIogg Bros.
APPLIANCE STORE
Phone 6022
THE CAPITAL JOURNAL. SALEM, OREGON
PATRIOT ORDERS
ELECT OFFICERS
CLOSE MEETINGS
Portland, June 20 (P) All five
patriotic organizations meeting here
in connection with the 54th annual
encampment of the Grand Army of
the Republic were nearing adjourn
ment today, with most of the new
officers already seated and the re
mainder to be chosen in final ses
sions. The G. A. R. closed Its colorful
meeting yesterday after Indicating
this year's encampment would not
be the final meeting of its kind and
re-electing its officers, including H,
V. Gates of Hillsboro as commander
The ladles of the Grand Army of
the Republic elected Mrs. Marietta
Jones, Milton, president; Mrs. Ber
rie Rowe, Portland, senior vice com
mander; Mrs. Lillian Cutler, Port
land, junior vice commander; Mrs
Stella Keller, Portland, treasurer;
Mrs. Ethel Piper, Baker, chaplain
Miss Marie Hays, Dallas, patriotic
instructor; Mrs. Jennie Rowen,
Portland, registrar. Other officers
were named today.
The Women's Relief Corps Thurs
day named Mrs. Nettie Grcenough
of Portland as president and Mrs.
Sophia Urell Cash in e of Astoria as
senior vice commander. The w. k,
C. also was to complete its slate
today.
Patrick R. Davis, Eugene, was
named new department commander
of the Sons of Union Veterans of
the Civil war. Other officers chosen
Included J. A. McKee, Portland,
senior vice commander; Frank Per
rin, Salem, Junior vice commander;
W. C. Harmon, Grants Pass, secretary-treasurer.
Members of the state
council were named as follows: Dr,
L. L. Baker of Eugene, G. P. Dibel
of Portland and H. L. Howe of Hood
River.
The auxiliary to the Sons of
Union Veterans of the Civil war
chose Mary Llckel of Salem as the
new president. Other officers: Mrs.
Alta Schneider, Salem, vice com
mander; Mrs. Frances Horner, Cook
Wash., treasurer; Mrs. Helen But
ler, Portland, patriotic instructor;
Mrs. Mettie Schram, Salem, chap
lain; Mrs. Belle Crowford, Portland,
press commissioner; Mrs. Mabel
Prltchard, Portland, past depart
ment president delegate to the na
tional convention; Mrs. Marie
Green, Portland, first delegate to
the national convention; Mrs. Rose
Buchanan, Portland, sceond conven
tion delegate, ad Mrs. Mae Mellon,
Portland, alternate. Members of the
new state council include Mrs. Hat
tie Cameron, Mrs. Mary Reel and
Mrs. Mae Mellon, all of Portland.
The daughters of Union war vet
erans were to name new offlceis to
day. STE1WER FOR SECURITY
Washington, June 21 (fP) Senator
Stciwer (R., Ore.), has notified the
senate that the clerk missed his
name when calling the roll on the
social security bill and that he
should have been polled In favor of
it, making the final count 77 to 6.
LB
127-50
fl&-so
325 Court St.
Lindy Co-Inventor of
Mechanism to Keep
Body Organs Moving
New York, June 21 (P) The mechanical genius of Col.
Charles A. Lindbergh, switched to science, inaugurates a new
cycle in medical progress announced today. He has perfect
ed a new mechanical heart and
lungs at the Rockefeller Institute,
where he has been working for sev
eral years in seclusion of his own
choosing.
It enables surgeons to remove a
whole organ, such as kidneys, heart,
spleen or glands from an animal's
body, and keep It alive Indefinitely,
growing independently, In an artlcl
clal chamber.
The mechanical heart furnishes
artificial blood. It revives organs an
hour after death of the animal from
which they came.
This reaches a goal medicine has
sought 123 years. The goal is to
make whole parts of the body live
In glass chambers where scientists
could see them and learn at first
hand how they fight disease and
PLAYGROUNDS
AWARD LETTERS
The point system of awarding
children who participate In the
playground activities at Leslie and,
Olinger will be used during the sea
son, Gurnee Flesher. acting super
intendent of recreation announced
today. Under this plan it Is hoped to
Interest boys and girls in several ac
tivities instead of the one or two
In which they are particular!; in
terested. At the end of the season
the 12 youngsters at Leslie and the
15 at Olinger who have earned the
largest number of points will be
awarded letters.
In order to be eligible for letters,
however, each child must earn
points In four different activities,
aside from free play and general
swimming, allowing five points max
imum weekly in each department.
Additional points will be given for
first, second and place awards In
any event, pet parades, dress up day,
Softball, swimming, horseshoe, or
any other tournaments. First place in
tnese events will be worth 15 points,
second 10 points and third five
points.
Thirteen activities have been list
ed on which points will be awarded
Softball, raffia, woodworking, clay
modeling, knitting, crocheting, sew
ing; general swimming, swimming
tests and awards, free play, kinder
garten, orchestra or any other mu
sical activity; tumbling and tap
aancing, tennis, norseshoe, croquet,
story hour.
BUSTER
SALE STARTS
SATURDAY
MORNING AT
9:00 A. M.
Women's White Sale .95
Naturalizer Price
SHOES i sf
In Pumps, Straps I fT Stffir
and Ties. All sizes I l Stlm
in the lot. Regular JJYlf ' Iff
price $6.85. f 'M- J V
Women's & Girls
White
Slacks
ow heels and
leather soles
Values to $3.00
Women's & Girls'
White
Sport
Oxfords
Low and medium
heels
Values to $5.00
how they secrete the sinews of
health.
Heretofore the handicap has oeen
that the removed organs died they
caught bacterial infections just like
person. Lindbergh's new appara-
tus has wiped out the Infections.
His part of the contribution is the
mechanical side. He teamed with
Dr. Alexis Carrel, and with him
signed the announcement made in
science. Dr. Carrel won the Nobel
prize for achievements in keeping
tissues alive outside the body But
this new work is in no sense the old
tissue culture.
"It's techniques, as well as its pur
poses," the announcement said, "are
quite different.
"Its ultimate purposes are the
manufacture in vitro artificially of
the secretions of endocrine glands,
the isolation of the subsatnees es
sential to the growth, differentia
tion and functional activity of those
glands, the discovery of the laws of
association of organs, the produc-
tion in vitro and the treatment of
organic and arterial diseases, etc.'
To date 26 experiments have been
made. They Include kidneys, spleen.
heart, thyroid gland, ovaries and
suprarenal glands.
MARTIN CONFERS
ON NEW CAPITOL
Governor Martin went to Port
land today to confer with pronv
tnent business men, whom he would
not name, on plans for Oregon's
new state capitol building. The
governor was to attend a meeting
of the Portland chamber of com-
merce tonight to discuss agricul
tural problems.
Tomorrow Martin will go to Fort
Lewis, Wash., where Sunday he will
review the 41st division of the na
tional guards of Oregon, Wash
ington and Idaho, Until the time
the governor is back in the state,
Harry L. Corbett. Portland. Dresl-
dent of the senate, wul be acting
governor. It will be the second
time the honor has fallen to Cor
bett during Martin's administra
tion. MADE STRIKE
Tuscarora, Nev. (IP) The first ex
citement of decades In this ghost
town of early mining days came
when Forest Kilbom found $1,500
worth of nuggets In a rusty tin can
MIDSUMMER
Sale $ 4 99
Price
I
Sdle
$0.99
Price
TROOP REVIEW
AT FORT LEWIS
STAGED SUNDAY
Camp A. H. Hanklns. Murray
Station, June 21 (m Their over
night field bivouacs concluded, the
7,600 officers and men of the 41st
national guard division encamped
here, were participating today in an
official critique of the maneuver.
Pinal preparations also were going
forward for the governor's review of
the entire personnel, to be held
Sunday. Because of the Increased
number of troops that will partici
pate, the review has been trans
ferred to the main parade ground at
Port Lewis. Promptly at 2 pjn
the entire 41st division will begin
passing In review before the gover
nors of Washington, and Oregon
and Maj. Gen. Paul B. Malone,
commanding the 9th corps area of
the regular army, who have accept
ed invitations to attend. There
also is possibility that the governors
of Idaho and Montana may be in
the reviewing stand.
The maneuvers have taken on an
international aspect, with the ar
rival of nine officers of the Van
couver garrison of the non-permanent
active militia of Canada.
These officers, after paying respects
to Maj. Gen. George A. White, com
manding the 41st division and to
Brig. Gen. Albert H. Bebe, com
manding the 6th field artillery bri
gade, participated as observers in
the two day maneuvers that ended
yesterday. They also will attend
Sunday's review.
The 248th coast artillery has ar
rived here from Port Worden by
B nil',w' 801C )waLjpiwiro;y Vyf
BROWN'S
CLEARANCE.
Men's White Buckskin
and
Calfskin
Oxfords
Most all sizes In the
Values to $6.00
Men's
Work
SHOES
With leather or
rubber soles
Values to $4.95
Children's Shoes
AT A GREAT REDUCTION
10 to 30
OFF
All sizes and styles
FRIDAY, JUNE 21, 1935
truck convoy and will participate In
Sunday's review.
colonel John T. Geary, from
headquarters of the 9th corps area,
has concluded his inspection of the
units here, In progress for the last
several days, and has gone to Fort
Stevens, Oregon, for turtner inspec
tion of Oregon coast artillery units.
Because of the heavy attendance
anticipated at Sunday's review.
General White has ordered head
quarters troops of the 24th cavalry
division on special mounted police
duty to assist In handling traffic.
General White also nas seiectea nil
mounted orderlies for the review
from this troop In recognition of
outstanding service the organization
has performed during the encamp
ment. The departure of troops for their
home stations will start Monday,
when some of the Idaho troops will
leave for their home stations by mo
tor truck convoy and by train. The
remainder of the troops will leava
by train and by motor truck convoy
early Tuesday. A rear detail and
supply team will remain a few days ,
for policing and settling old ac-A,
counts.
SURVEY CONTINUES
Eugene, Ore., June 21 (Pi Gov
ernment engineers continued thelf
survey of the Willamette river near
here today to ascertain approxi
mate costs of various flood control
projects before, advertising them
for bids.
MAKES DEUCIOUS
ICECREAM HOME.'
SEE OUR
WINDOWS FOR
OTHER
VALUES
Sa,e $0.95
Price W
Price
lot,
Sale $Oj)9
lce