Tuesday, May 21, 1940
Sixteen
The Capital Journal, Salem, Oregon
Rogers Loses
Suits Against
Jobless Board
Circuit Judge L. O. Lewelllng to
day sustained a demurrer in the
case of state on relation of Emmet
Rogers vs. Earl Snell, secretary of
state, and ordered the complaint
dismissed. In a companion case of
state on relation of Emmet Rogers
vs. the state unemployment com
mission he sustained a motion to
strike and said from the bench that
this case too would have to be even
tually dismissed.
He based his rulings on the fact
that according to evidence before
the court by deposition the things
asked to be done in the complaint,
particularly an audit of the state un
employment commission's funds from
1935 to March 29, 1939, had been
done and that now the matters In
volved In the complaint became
merely a moot question. The court
said that the case against the un
employment commission directly In
which he sustained a motion to
strike today, had not reached a stage
where dismissal could be ordered
but It eventually would have to be
dismissed, as In sustaining the mo
tion to strike parts of the com
plaint, the entire meat had been
eliminated from the complaint.
Rogers In his complaint against
the secretary of state sought a
writ of mandamus to force the di
vision of audits to audit the ac
counts of the commission from 1935
through March of 1939. He also
sought to require the setting up of
a separate reserve account for each
employer and to credit to such the
amount of contributions paid by
each employer on his own behalf
In excess of one-half of 1 per cent
of his annual payroll and also to
charge all benefits paid to em
ployes against each employer's re
serve fund account. In his pro
ceeding against the unemployment
commission directly he sought an
order directing the commission to
set up accounts so that the employ
ers' rates could be determined on a
basis of experience.
Cooties Going to
Silver Creek Falls
Became Marion Poet Ml, Veter
ans of Foreign Wars members are
going to trek to Silver Creek Palls
Wednesday night, May 32, and
present new colors to Oregon Post
337 at that mountain resort, Carry
On Puptent No. , Military Order of
the Cootie, has postponed Its regu
lar second meeting, scheduled for
that date, to Thursday night, May
23. The meeting will be held at
Eagles hall on the latter date, at
which time much business of Im
portance will be considered.
Chief among the Items on the
agenda will be a decision upon date
and place for the next Cootie dance,
when a special committer on ar
rangements, composed of Cooties
Dale L. Brooks, Frank Muhs and
Frank L. Prince, will make Its re
port and recommendations. If and
when a dance la to be put on, says
Seam Squirrel Q. a. OulUon, the
Cooties will stretch out and put on
a gala affair from the standpoint
of pleasure, entertainment and
color. The first regular meeting of
June will be held at Bllverton, at
the Chamber of Commerce rooms,
In acceptance of an Invitation ex
tended by Mayor Zetta Schlador,
who served as Judge of the whisker
contest at the last Cootie dance In
the armory.
Monmouth Baptists
Name New Officers
Monmouth Officers for the fis
cal year have been chosen by the
Baptist church as follows: Mrs.
Deane Bowersox, church clerk; Mrs.
Hester Sheeon, chairman of board
of trustees; Paul Walker, treasurer;
Ed Fleischman, deacon; Miss Edith
Clark, Sunday school superintend
ent; Mrs. A. B. Morlane, deacon
ess; Fred Calef, chorister; mem
bers elected to serve on the board
of trustees Included, James C. Wil
son and Ed Fleischman. Members
of the board of deacons Include
Adolph Acbi and John Scott, life
members; Ben Aebl elected for three
years and Gus Flelschmann elected
for two years.
In the year's budget are several
building improvement. Commit
tees in charge were appointed by
the pastor, Rev. David Walker.
Various department reports In
dicate an Increase In the interest
and scope of activity.
Robert A. Kletzing
Victim of Auto
Injuries suffered Sunday night
when he was struck by an automo
bile at Northeast Union avenue and
Jessup street In Portland caused
the death yesterday of Robert A.
Kletzing, 82. who was the father of
Ralph H. Kletzing, publisher of the
Independence Enterprise. The au
tomobile was driven by M. F.
Kneeland of Portland.
Mr. Kletzing was apparently re
turning to the home of his son.
Lewis N. Kletzing, at the time of
the accident.
He was a native of Pittsburgh,
Pa., followed the teaching profes
sion many years and had lived In
Portland for the last 25 years.
Oraveslde services will be held at
Betcrest Memorlnl park in Salem
with the Smith-Baun mortuary of
Independence In charge.
ARTHRITIS
"For 14 yenri I suffered from Arthritis.
I took trf atmenti and mrdlclnfn of ill
kind, but they did not relieve my ease
In the Itatt. Then my druiilit recom
mendrd Ciwt'i Compound. After S hot
tlei. I waa completely well." Bltned: Mra.
A. A. Curths, S33B 8. K. Prsncll St.,
PortlBnd, Orrnon. For additional testi
monial!, write J. H. Caney, P. O. Box
731. Portland, Oiuon. At all leadlni
druiilita.
I .f iiW" lamiTifJ n &Mmmtfmm,ffi:
V. S. Plane Builders Urged To Speed Output Aviation Industry leaders shown above In Washington
heard federal officials urge speed, efficiency and economy In production of warplanes for the nation's
defense. Left to right: Lawrence Bell of Bell Aircraft Corp., Buffalo; Glenn L. Martin of Martin
Corp., Baltimore; Philip Johnson of Boeing Aircraft, Seattle; Guy Vaughan, president, Curtlss
Wrlght Corp. of Buffalo. Associated Press Photo.
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FOR THE HONORED D E A D May 30, 1940,
will find Scth M. Flint, 93, of Worcester, N. Y almost as firm
toned a bugler as he was 75 years ago, during the Civil war. He
served in, Union army, was at Appomattox when General Lee
surrendered. Flint enlisted when he was IS years old and was
L bugler In the 5th U. S. Cavalry.
Mannlls Demands Caih
Silverton On the records of Jis
tlce court Monday, May 20, George
Manolls had demanded money from
George Al Fielder in the sum of
$22.50 with interest at 6 percent from
shop's
Hie e
FLORSHEIM
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Costa Rica Is shipping to the
United States nearly all the coffee
that normally would go to Germany
Practical men wilt admire the
styling of Florsheim Brown
end Whites! Ry making little
while go a long way, Flor
sheim neatly solves an ofttime.l
annoying cleaning problem.
J
Leslie to Repeat
Gym Production
A repeat performance of "Third
Class Passage" 1a scheduled for 8
o'clock Wednesday night In the
gymnasium of Leslie Junior high
school. Decision to present the per
formance again was reached after
many persons who had been unable
to attend last Friday night, had
requested It.
"First Class Passage" Is a pro
duction of the girls physical educa
tion department of Leslie. The set
ting, the script, the theme and some
of the dance routines are original
and the spontaneous interpretation
given the numbers by the girls make
the performance unique.
The presentation will be under the
direction of Miss Esther Arnold of
the girls physical ed department,
Take Over Station
Rickreall Mr. and Mrs. C. W
Peltier of Yakima. Wash., the new
proprietors of Grolbert's service sta
tlon, took possession of the place
last week, having purchased the
business from the R. F. Grolberts.
Mr. and Mrs. Peltier are living
in Independence until their apart
ment in the Masonic building is
vacated by the Grolberts, whose
plans for the future are Indefinite.
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Stevens-Brown Week I
Court Denies
Reynold's Plea
For Rehearing
Hugh Reynolds, Eugene labor
leader convicted of perjury In his
own trial, was today denied a
hearing before the supreme court
and must immediately begin
three year sentence In the peniten
tiary.
Reynolds, an official in the team
sters union, was originally convic
ted of "goon" activities, a convic
tion which was thrown out by the
supreme court. .The second action,
charging perjury in the first, was
then started and he was convicted
on the second count.
The supreme court some months
ago upheld the conviction, and the
denial of a rehearing came today
in an oral order.
There were four other opinions
today, all of them reversals.
They were: Alice Johnson vs
Mathews-Moran Amusement Co.
inc., The Dalles. Mrs. Johnson, an
elderly lady, stumbled In the bal
cony of a theatre. She sued for
$2000 damages which was granted
by Circuit Judge Fred W. Wilson
That opinion was reversed by Jus
tice Harry H. Belt today, who said
the theatre was not negligent.
William Mcpherson vs. Oregon
Trunk Railway. McPherson, a track
walker for the railroad, was set to
guarding a dangerous bit of track
after excavation work. He himself
was struck by a falling rock, and
sued for $15,000. He was granted
$10,000 damages by Circuit Judge
T. E. J. Duffy. Chief Justice Rand
reversed that decision today.
E. B. Wooldridge vs. State In
dustrial Accident Commission, ap
peal from Lincoln county. Suit for
personal Injury. In an earlier opin
ion Wooldridge was given damages.
After a rehearing the earlier opin
Ion was reversed and the accident
commission upheld in an opinion
by Justice Hall S. Lusk, with Jus
tice Kelly dissenting.
Max Wilson vs. D. Boone Hend
ricks, appeal from Wallowa county.
Action for recovery of compensa
tion for services as executor. Circuit
Judge R, J. Green reversed in an
opinion by Justice Lusk.
Section Foreman III
Independence John Cox. fore
man on the section of the V & S
railway between Independence and
Hoskins, was taken to the hospital
in Salem Saturday for mi opera
tion for appendicitis. His place Is
being taken on the section by Dave
Haley of Independence.
CREDIT JEWELERS and OPTICIANS
154 S. LIBERTY and 420 COURT STREETS
Allies in Precarious
Position in War Area
By DeWltt MacKenxie
The German claim of havinsr smashed through the allied
front and reached the vicinity of the English channel at Ab
beville means, if it is substantiated, that the allies are in a
precarious position. It doesn't mean, ft
however, that the allies have been
crushed.
It is almost folly to discuss this
wholly confused situation as It now
stands. We need much more infor
mation before we shall be able to
pass judgment, and for that reason
we should hold steady until we get
that information.
However, there can be no harm
in speculating on what the de
velopment may mean.
The Germans say they have
crushed the French ninth army and
captured the general staff with the
commander, General Glraud,
It Isn't wholly clear just where
the ninth was holding at the mom
ent of the crash, but It would seem
that It had been blocking the route
into the valley of the Somme, near
Peronne, which Is a famous mili
tary route to the coast.
The nazls claim to have smashed
on and captured Amiens and Abbe
ville. This would mean that they
have achieved in at least some meas
ure what the Kaiser's forces at
tempted in the spring of 1918 when
they all but won the war.
What the Germans don't make
clear is the strength of the forces
employed In this thrust. We must
assure that a comparatively small
mechanized spearhead has been
Jammed through to the coast, to be
followed by supporting troops.
In order to make this break
through stick, the nazis must pour
strong support through the gap In
the allied line, else they will have
merely tossed some mechanized con
tingents out Into the blue to wan
der about on their own.
If it proves that the Germans have
broken through In force, then what
does It mean?
To my mind the worst aspect of
the situation would be that the
large allied forces in Belgium would
be severed from the French armies
to the south in France.
The armies in Belgium would be
surrounded on three sides by the
enemy. The possibilities are pretty
nasty. We can at least say that it
would take masterful allied general
presumably would ease the way to
ship to save a disaster.
The German break-through also
Paris and we can expect that the
nazi drive toward the capital, which
had last some of Its momentum,
now will be increased again.
New Officers for
National Guard
Appointment of three officers and
promotion of two others, all five
living In Klamath Falls and being
assigned to the 249th coast artil
lery units stationed there, were an-
IMIIHailH.UtlWiU.H
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First U. oeorge D. Powell js!
promoted to captain and assigned
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last month. Second Lt. John P.
Olln was promoted to first lieuten
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All three new officers are former
non-commissioned officers of Bat
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second lieutenants. They are: Wil
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A; and Jack B. Wood and Thur
low V. Wauchope, both assigned to
Battery C,
Delegates to Corvallis
Amity Mrs. James B. Thomaa
and Miss Helen Glbbs are delegates
from Industry Rebckah lodge of
Amity to Uie Rebekah state as
sembly, which convenes In Corval
lis May 21 to 23, Inclusive.
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