Eight
The Capita! Journal, Salem, Oregon
Decree Holding
Curfew Legal
Expected Today
Seattle, July 20 VP) Federal
Judge Lloyd Black was expect
ed today to rule soon that cur
few and evacuation orders affect-
ing Japanese and Japanese-Am
ericans were constitutional,
Judge Black said Saturday he
would so rule, unless convinced
to the contrary, In the case of
Gordon Kyoshi Hirabayashi, 24,
Japanese-American University
of Washington student who con
tested the orders.
Referring to an argument by
Frank L, Waters, attorney for
Hirabayashi, that evacuation of
persons of Japanese ancestry
from critical military areas can
be accomplished legally only by
amending the constitution, Judge
Black obesrved-
"I do not consider that our
constitution make this nation
helpless to cope with total con
flict. "I recognize that it has been
frequently declared by repre
sentatives of Japan, Germany
and Italy that a constitutional
democracy, such as the United
States, is completely outmoded
by reason of scientific advance
ment that has so speeded mod
ern war.
"Such representatives have
shouted to the world that the
constitution of the United States
is so restrictive, cumbersome
and unyielding as to absolutely
bind and imprison the United
States, so that this country, self
imprisoned by its own constitu
tion, will be an immobilized
victim while the speedy attacks
of dictator countries, unre.
strained by parliament or con
stitution, destroy it.
"But I concede to counsel
that I don't believe the con
stitution of the United States
is so unsuited for survival in
these days of lightning war that
if we need to protect critical
military areas we can only do
so by the slow process of con
stitutional amendment."
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Reds Break Nazi Lines German invasion formations
(broken line), west of Voronezh were reported broken
at two points by red army thrusts (arrow). Southeast of
Millerovo (A), the Soviets waged strcnglh-sapping rear
guard actions against the Hitler spearhead aimed at vital
Stalingrad. Associated Press Photo.
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Ship Japs Blasted at Dutch Harbor Plates buckled and smoke pouring from her entire
length, the station ship S. S. Northwestern, Is already being Inspected after the Jap bomb
ing of Dutch Harbor, Alaska. Fire swept the ship after the bomb hit. U. S. Navy
Photo.
UP SAILS I At Ihe signal young skippers "up sails" as they prepare for a regatta at Alantltos Bay, Long Beach, Calif. Salty skip
pers, younr and old, from all parts of Southern California, took their small sailing craft to Alamitos Bay for a series of races.
Two Fishermen
Drown in Lake
Madras, July 20 (IP) George
Mcacham, chief of the Warm
Springs Indian tribe, and Don
ald Sanders, IS, Portland,
drowned in Trout lake Saturday
in a fishing accident.
Meacham, standing a rowboat,
lost his balance and overturned
the craft. The pair disappeared
before other fishermen could
reach the scene.
RUSSIA
STATUTE MlUt
To Caucasus
And Oil Fields
1 ) It
Eleven Lives Lost in
Pennsylvania Floods
Ridgway, Pa July 20 (IP) Violent flash floods rolling through
north central Pennsylvania and New York today took at least 11
lives and damaged or destroyed hundreds of homes, business estab
lishments and industrial plants.
Railroad roadways and high
way bridges were washed out.
Traffic was paralyzed. Power
and telephone service was dis
rupted. There were fires, land
slides and disease threats.
The flood waters swirled from
the upper tributaries of the
Susquehanna, Clarion and Alle
gheny rivers in Pennsylvania.
The Allegheny winds northward
through southern New York be
fore turning southwest to its
WillkieSays Color
Not Test of Race
Los Angeles, July 20 (IP)
Americans are learning, says
Wendell Willkie, that the test
of a people is their aim, not
their color.
He told the closing session of
the National Association for the
Advancement of Colored Peo
ple yesterday that the attitude of
white American citizens toward
the Negro has "some of the un
lovely tragic characteristics of
alien imperialism."
"You have been sore tried
with many of the practices of
our democracy," the 1940 re
publican presidential candidate
said, "and it is right and just
that you should be alert to ev
ery opportunity to remove the
discriminations that exist
against your people."
Ho charged white Americans
with a "smug sense of racial
superiority and a willingness to
exploit an unprotected people,"
but said that under the pressure
of war, long-standing barriers
and prejudices were breaking
down.
junction with the Ohio at Pitts
burgh.
Hardest hit were Port Alle
gany, Austin, Wharton, Ridg
way, Emporium and Johnson
burg in Pennsylvania and Olean,
Portville and Salamanaca in
New York.
At Port Allegany, where six
persons were reported drowned,
the Allegheny smashed into the
Free Methodist church while
150 persons were attending a
conference. They clung to trees,
roof tops and floating wreckage
until rescued, Fire broke out
later and destroyed the church
and a nearby parish hall, a ga
rage and an old silk mill.
L. N. Lukehart of Alexandria,
Va., general field representative
of the Red Cross, took charge of
relief operations there. He re
ported the flood was so swift
"huge chunks of streets" were
torn out.
An earthen dam broke at Aus
tin, sweeping away several
homes and knocking others from
their foundations.
Water mains, electric and tel
ephone lines were destroyed. A
flood there in 1911 took more
than 80 lives. No loss of life
had been reported today.
Victory Rally
Hears from FDR
Chicago, July 20 (IP) Presi
dent Roosevelt, in a message to
thousands of Chicago Slavs at
a victory rally in Soldier Field
yesterday, urged them "to keep
their courage high and their
faith firm until we crush the
tyrant and bring freedom and
peace to all men."
The president told the esti
mated 50,000 at the lake front
stadium that the rally was "a
stirring symbol of the unity of
a mighty nation; a nation com
posed of many people from
many distant lands, marching
forward as one man in the name
of freedom. You whose father's
soil has been overrun need not
be reminded of the nature of the
enemy nor of his black pur
pose." Postmaster General Frank C.
Walker, who read the message,
declared that a victory for the
United Nations meant "the ut
most effort and superb team
work.
Army Man Returns
For Short Visit
Sidney-Talbot Arthur Todd,
who is in the U.S. army station
ed near Yakima, Wash., visited
his parents, Mr. and Mrs. Ernest
Todd last week.
G. W. Potts, Sr., has return
ed from a business trip to
Marshficld and other points
along Coos Bay.
Mrs. Ernest Freeman and son
and Mrs. D. E. Bllnston visited
relatives and friends in Corval
lis. Mr. and Mrs. Al Gurgurich
visited relatives In Hermiston
recently.
Mrs. Anna Todd of Live Oak,
Calif., visited recently with her
cousin, Mrs. Ernest Treeman
and family.
Held on Charge
Of Injuring Tires
Just because farmers are eli
gible to rubber denied the aver
age citizen is no sign that they
can treat the commodity with
disregard, Alf O. Nelson, justice
of the peace of the Silverton dis
trict, believes.
Herman Kuenzi and Walter
Harri, the latter a resident of
the Dutch Flats section adjacent
to Silverton, became playful
Sunday night and staged a tug-of-war
between a dual-tired
farm tractor and a farm truck.
Burned tire marks occurred in
various parts of the city before
they were arrested by city po
lice.
In court Judge Nelson held
them under a section of the code
pertaining to "an indecent or
immoral act not otherwise made
punishable" a n,d specifically
with "injuring tires and destroy
ing rubber." In court this morn
ing bail was first fixed at $1,000
but later, both well known
farmers, were released on their
own recognizance and given 24
hours in which to consult an at
torney and enter a plea.
Albanian Guerrillas
Damage Oil Fields
London, July 20 U.R) Alban
ian guerrillas have engaged Ital
ian occupation forces in fierce
fights at at least three towns
and caused considerable damage
in the oil fields, where they
started disastrous fires, radio
Moscow said today,
Moscow, credited its informa
tion to a dispatch datelined from
Geneva, Switzerland.
The Geneva information said
Italian troops were engaged at
Valona, Corizza and Argirocas
tro, and that such heavy losses
were inflicted that 'the soldiers
called on Italian oil field work
ers to help them.
Several oil plants were dam
aged and several big oil tanks
were set afire.
Danes Love Blasts
Of British Bombers
Portland, JiTly 20 W Explo
sions blast Danish shipyards to
rubble, and the Danes love It.
They love it, Dr. Henrik de
Kauffman, Danish minister to
the United States, explained
Saturday, because the explosives
are dropped by RAF planes on
ships of the hated Germans.
He told an Interviewer that
Denmark is faring better than
most of occupied Europe. Live
stock and poultry thrive there
and the Danes get some of their
own produce, he said.
Federal Attorneys
Will Meet in S.F.
Washington, July 20 (U.R) Attorney-General
Francis Biddlc
announced today that United
States attorneys from 11 west
ern and Pacific coast states will
meet in San Francisco July 23
for a three-day conference on
war-time policies and problems.
Among the topics listed for
discussion are the alien enemy
control program, espionage, se
dition, and the foreign agents re
gistration act,
Wage Increase
Order Has
Wide Effect
Eugene, Ore., July 20 UR
Wage increases and wage differ
entials awarded by Dean P.
Howard as arbitrator for 25 Wil
lamette Valley lumber mills
were intended to apply to all
operations in the Willamette
area, in the opinion of George
Metzger, secretary-manager of
the Willamette Valley Operators
Association.
Metzger based his opinion on
the text of the award, which
gave mill employes 80 cents per
hour in class A and B mills for
common labor, 75 cents in class
C and 72 V4 cents in class D
mills.
"All the way through the find
ings Dean Howard refers to the
Willamette Valley as a unit and
makes no effort to set out the 25
mills from the balance of the
458 mills in the region," said
Metzger.
To narrow the award to only
the 25 mills which voluntarily
submitted to the arbitration "is
neither economically sound nor
conducive to the complete utili
zation of the valley industry in
the prosecution of the war,'
Metzger declared.
He pointed out that the na
tional war labor board media
tion panel recommended ap.
pointment of an arbitrator to de
termine whether differentials
within the Willamette Valley re
gion and between the Willamette
Valley and the remainder of the
Douglas fir area should be con
tinued. Metzger said there has been
some effort by labor groups not
parties to the arbitration to
establish an 82 cent minimum
for their Willamette Valley
members.
Steve Anderson
GOP Secretary
The best contribution that the
democratic and republican par
ties can make to the war effort
is honest political effort, Al Sul
monetti, president of the Mult
nomah county young republi
cans, said yesterday at a meet
ing of 40 delegates to the execu
tive committee meeting of the
Young Republican Federation of
Oregon.
He said it is essential that the
two-party system be maintained
Steve Anderson, Salem, was
elected to the newly created
post of executive secretary. Dor
othy Cornelius, Salem, and Wal
ter Norblad, Astoria, were elect
ed to the executive board, and
Ed Nye, Portland, was -named
publicity chairman.
The delegates adopted a reso
lution endorsing the proposed
constitutional amendment to in
crease legislators' pay from $3
a day for 40 days to $8 a day
for 50 days.
Small Contracts for
Northwest Signed
Washington, July 20 (IP)
Three Pacific northwest con
struction contracts under $50,
000 awarded by army engineers
were announced Saturday by the
war department under a new
policy of making public all eon
tracts here rather than in the
field.
Names and addresses of con
tractors, types of work, loca
tions of projects and the district
engineer offices supervising con
struction were:
Vernon Hershberger, Pocatel-
lo, construction of barbed wire
fence, Bannock county, Ida.
Portland, E. O.
Russell Olson, Medford, con
struction of roads, bridges and
drainage ditch, Jackson county,
Ore., Portland, E. O.
Hazen and Clark, Spokane,
construction of motor repair
shop, Spokane county, Seattle,
E. O.
231 Decorated for
Heroism in War
Washington, July 20 (IP) The
navy said Saturday that a re
capitulation showed 231 officers
and men, including three from
Oregon, have been decorated for
heroism In the war. ,
Awards, previously announc
ed, to Oregonians were:
Navy cross to Elwyn L.
Christmas, Lt. (JG) USN re
serve, Mt. Angel.
Navy cross to Jesse D. Jewell,
Commander, USN, wounded
Portland.
Navy cross to Eugene B. Mc-
Kinney, Lt. commander, USN,
Eugene.
Germany is experimenting in
the use of plastics for aircraft,
Journal Want Ads Pay
Russian Resistance
Drains Nazi Strength
By DeWitt Mackenzie
(Wide World War Anilnt) ... ,. . , .
The Hitlerites have continued their slow but Inevitable ad
vance on the southern Russian front during the week-end, and
their occupation of the hotly-contested railway Junction of Voro
shilovgrad has greatly increased
the threat to Rostov, western
gatepost of the Caucasus, some
hundred miles to the south.
The saving grace from the al
lied standpoint rests In the fact
that the red withdrawal is ord
erly and their fierce resistance
is draining the life-blood of the
enemy. The gods of war still
gamble the Soviet's vast spaces
Japs Stand by
Midway Lies
(Br the United Press)
A Japanese navy spokesman
in an answer to the United Stat
es navy communique on the
Midway island battle repeated
today the previous enemy alle
gations that two United States
aircraft carriers' of the 19,900
ton Enterprise and Hornet type,
a heavy criuser and a submarine
were sunk in the action.
The spokesman, Capt. Hideo
Hiraide, in a Tokyo radio broad
cast on the occasion of the ob
servance of Japan's navy day
said that on June 5 Japanese
scout planes gave the "much
awaited news" that a United
States fleet was cruising north
ward from Midway. Actually at
that time what was left of the
Japanese fleet of 80 ships was in
full flight toward Tokyo after
having suffered the greatest dis
aster in Japanese naval history.
He said that the Enterprise
type carrier was first attacked
and that "it was not long before
the ship went to the bottom, en
veloped in flames."
Then, he said, the other car
rier was attacked by torpedo
planes 2M hours later and hit
three times. Two days later, he
said, the ship was sighted, "at
tempting to flee to Hawaii," and
a submarine sank it.
A Japanese headquarters com
munique said that up to July 10
the Japanese navy had sunk 59
allied submarines and damaged
38.
Last of Liberty
Ships Launched
Vancouver, Wash., July 20 U.R)
The second and last Liberty
ship to be built at the Vancou
ver shipyards of the Kaiser Co.
was launched Sunday. It .was
christened the Elias Howe Lj
Mrs. Henry Kaiser, wife of the
head of the company.
Hereafter, vessels launched at
the yard will be of a different
type, with four sliding down the
ways each week when the peak
construction Is reached. The
speed of production at the yard
was warmly praised by Rear
Admiral Howard L. Vickery,
vice chairman of the U. S. Mari
time Commission, who told the
assembled workers:
"Your part of the job is com
ing along faster than any other
in the country."
No More Shipyards
Needed Says Vickery
Portland, Ore., July 20 (U.R)
The way present shipyards have
slashed production estimates has
eliminated need for more yards,
and turned attention to supply
ing materials, Rear Admiral
Howard L. Vickery said here
Sunday.
"The American Shipbuilding
program is keeping ahead of the
sinking of American ships," the
maritime commission vice chair
man said, "but in total sinkings
we are not keeping up." He
mentioned the losses of British,
Dutch, Norwegian and Panaman
ian ships,
Canada, the United States and
Great Britain have the job of
replacing all those losses, and
it is getting difficult to deliver
materials to the shipyards as
fast as the workers can con
struct ships, Admiral Vickery
said.
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against Herr Hitler's short and
fleeting time.
Can Reds Hold Out .
Can the bolshevists hold the
German invasion until the win
ter, or some fortuitous military
development, makes it too lata
for the nazls to break into the
Caucasus this year? The red
position is exceedingly grave,
but the allies have a right to
hope that Hitler can be held.
The Russian rear-guard is put
ting up a heroic fight in order
to give the main body of troops
a chance to pull back without
disorder and make a stand in the
best positions. The rear-guard
is dying grandly, but it also la
exacting a terrible toll from -the
Germans.
Voronezh Battle
While the spectacular nazi ad
vance is being made chiefly in
the great eastward bend of the
Don river, I call your attention
to the position at the city of.
Voronezh, a strategical railway
junction on the Don river to the
north of the main advance.
There has been protracted and
fierce fighting there, and the
reason is this:
It is apparent that Hitler's
strategy for his great drive
against the Caucasus provided
that he hold his line against the
Russians on the north while he
I I L 1 1 .A,.IU... "
aiiiaaticu ab bile suumeiii ex
tremity with his great army of
a million fresh and newly equip
ped troops. Now Voronezh if
the anchor to which Nazi Gen
eral Von Bock badly wants to
attack his left wing, because
there is danger that the Russians
may launch a counter-offensive
from ths point, thereby endan
gering Von Bock's left flank
and consequently his entire battle
line. Indeed, the nazis them
selves report heavy red concen
trations near Voronezh, indica
ting the possibilities of such an
offensive.
Conflict to Continue
Because of this situation we
may expect the bloody conflict
to continue for possession of
Voronezh and if the reds are
able to maintain their position
we may see a soviet counter
blow launched through there in
due course. The time for such
an attack would not seem to
be ripe yet. That will come, If at
all, when the Germans have
penetrated deeper, thereby in
creasing their heavy losses in
men and materiel and length
ening their lines of communi
cation. Dr. Don C. Sowers
Dies Suddenly
Boulder, Colo., July 20 (IP)
Dr. Don C. Sowers, director ol
the University of Colorado bu
reau of business and government
research since 1922 and secretary-treasurer
of the Colorado
municipal league, died suddenly
of a heart attack yesterday. He
was 59.
Dr. Sowers wa president of
the American Municipal Asso
ciation in 1929.
Born in Spring Hill, Kas., he
was formerly on the faculty at
the University of Oregon and
from 1927 to 1932 directed mu
nicipal research in Akron, Ohio.
He is survived by his widow,
two sons in military service, Don
Jr., and Robert, and a daughter,
Helen, a university student.
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