Government Secures injunction Against Strikes in Coal Mines
Court Dismisses
Koehler's Suit
On Rent Control
Duncan Holds Congress
Excluded State Courts
From OPA Jurisdiction
Circuit Judge George K. Dun
can today dismissed the suit by
Henry Koehlcr, Salem apart
mcnt house owner, against the
OPA in which Koehlcr sought to
prevent the OPA from going
ahead with rent control in Mar
ion county.
Koehler also had asked the
court to hold OPA unconslilu
tional, on grounds that OPA had
expired last June before con
gross passed legislation to con
tinue it.
Judge Duncan's ruling was
made in sustaining the OPA's
. demurrer to the case.
Face Prosecution
The case had resulted in many
landlords failing to register their
dwellings under OPA rent con
trol, which went into effect here
October 1. These landlords had
said they would not register un
til the case was decided. Since
the deadline for them to register
has passed, the OPA has an
nounced it would take action
against them.
Koehler, backed by other
landlords, is expected to appeal
to the state supreme court.
In an opinion handed down
Monday morning Judge Duncan
, cites a case of the United States
supreme court which held that
congress was in its rights in ex
cluding the state courts from
jurisdiction in an injunction
proceeding against the admin
istrator of the office of price
control. The court sustains a
demurrer interposed by the de
fense. It is considered likely an
appeal will be taken.
Decisions Cited
In his opinion the court says
in part:
"The emergency price control
act appears to exclude the courts
of the various states from tak
ing jurisdiction in suits against
the administrator of price and
rent control. In the case of
Bowles, v. Willingham, 321 U.S.
503, a state court issued a tem
porary injunction against the
administrator, who in turn se
cured an injunction in the fed'
leral court enjoining the state
fljourt from its action, and this
injunction against " the state
court was upheld by the United
States supreme court, which
held that congress was within its
rights in excluding the state
courts from jurisdiction.
Up to U. S. Courts
"The emergency price control
act is a federal statute and, if
unconstitutional in itself or in
its application to any specific
area, it appears certain that such
constitutionality must be deter
mined m the federal courts and
that this court has no jurisdic
tion of the subject of the suit.
(Concluded on Page 11, Column 7)
Bonded Whisky
Prices Boosted
Portland, Ore., Nov. 18 MV-
Oregon state liquor stores aban
doned the one-bottle-to-a-cus-
- tomer limitation on blended
whisky today, permitting buy
ers to purchase up to two cases
for the first time in years.
Bonded, straight, Scotch and
imported whiskies, however,
will remain under the one-bottle
limitation, though a larger sup
ply of these whiskies will be
available for the holiday season.
Hugh R. Kirkpatrick, Oregon
liquor control commission chair-
tnan who announced the changes
if San Francisco, said blends,
Scotch and imported whiskies
will remain at present prices,
but that bonded liquors will re
flect increased charges.
Administrator T. R. Conway
said new stock of bonded whis
kies would sell at prices ranging
from S6.25 to $6.50 a fifth.
Bottled in bond whiskies will
be made available in state liquor
stqres in larger quantities for
holiday demands, Kirkpatrick
indicated, but they will be sold
one bottle at a time.
To Strip Japan
Of War Industries
Washington, Nov. 18 VP) Ja
pan would be stripped of all war
industries, rubber, aluminum
and magnesium plants under
recommendations of Reparations
Commissioner Edwin W. Pauley.
In a report to President Tru
man, Pauley also suggested
"substantial removals" from 11
other industries. Among them
were electric power, iron and
steel, iron ore, copper, machine
tools, chemicals, heavy electri
cal machinery, industrial explo
sives, communications equip
ment, railroad stock, shipbuild
og and merchant shipping.
Capital
58th Year, No. 273
Wind and Rain
Storm Lashes
Allot Oregon
'By the Associated Press
A wind and rain storm lashed
western Oregon today, blowing
down several trees and power
lines, smashing in the sides of
coastal garages, and promising
flood conditions at a few points,
Damage, despite wind gusts
up to 40 miles an hour at Port
land and several other points,
was reported minor. The sides
of seveial garages caved in at
Tillamook. Vanport and Van
couver both reported some pow.
cr lines down, and two trees
were uprooted near Vanport.
Rainfall at Portland in the
24-hour period ending at 4:30
a.m. today measured 2.04 inch
es the most torrential down
pour since February. Steven
son, Wash., recorded 2.93 inch
es of rain; Toleda, Wash., 2.46;
Kelso, 195; Albany, 1.82; Jef
ferson, 1.74; Salem, 1.54; Eu
gene, 1 10; Corvallis, 1.55.
All Rivers Rising
The weather bureau warned
that rivers would rise in the
Willamette valley, reaching
flood stage on the Santiam at
Jefferson and perhaps on small
er tributaries of the lower Wil
lamette Elsewhere flood stage
was not expected to be reached.
Intermittent rain was forecast
for Oregon today and tomorrow,
probably mixed with snow to
morrow in the Portland area,
and snow in the mountains.
Flood stage on the Santiam
river at Jefferson is expected
late Monday night, reports the
U. S. weather bureau. Flood
stage is 13 feet there. No dam
age is expected in the area, but
the weather bureau is recom
mending that livestock in the
lowlands be moved out if the
roads by which it is reached are
closed by seven to eight feet
rise in the river.
Moderate rises are forecast for
the Willamette during the next
two or three days with the crest
of between seven and eight
feet expected in Salem Tues
day noon.
(Concluded on Pan 11, Column I)
Heavy Snow
In Washington
(By the Associated Pre&s)
A blanket of snow lay across
Washington state today par
tially blocking highway passes,
grounding planes and slowing
passenger and mail trains.
The fall was general across
the state with Dryden, 20 miles
west of Wenatchee, recording 16
inches of new snow between
daybreak and midnight yester
day. Spokane had four inches
which turned to slush under a
pouring rain and Seattle had a
several hours' fall.
Motorists leavmg Wenatchee
last night for Stevens, Blewett
and Snoqualmie passes were be
ing turned back by the state pa
trol unless equipped with chains.
The state highway department,
however, reported all roads in
the district open.
The state patrol radio station
in Seattle reported five inches
of new snow in Snoqualmie Pass
shortly after midnight, nine
inches new in Stevens Pass and
three inches in Blewett.
No automobiles were reported
in trouble through the passes,
the Seattle patrol office said.
Northwest Airlines planes
passed over Wenatchee because
of the storm and the Great
Northern railway said passen
ger and mail trains were being
delayed by the fall.
Democratic Support For
Truman Policies
Washington, Nov. 18 (IP) Signs multiplied today that President
Truman will have difficulty getting united democratic support
for whatever legislative program to be submitted to the new re
publican-dominated' congress in
January. If he hopes to win it.
he may have to drop many past
proposals.
Democratic leaders, still grog
gy from the republican election
landslide, have delayed any
move to organize their forces for
their new role in the minority.
They apparently are agreed,
however, that Mr Truman will
write th'j official party program
in his state of the union mes
sage. They seemingly have no
intention of attempting to fix
objectivts. as the republicans of
both house and senate already
have done.
Mr. Truman has given no con
':,VX"n Salem, Oregon, Monday, November
Commons Gives
Bevin Vote
Of Confidence
London, Nov. 18 (U.R) The
house of commons unanimously
gave Foreign Secretary Bevin's
foreign policy a vote of confi
dence tonight after Prime Min
ister Attlee, rising to face a
hostile taction of his own party,
denied that Britain was "gang
ing up" with the United States
against Russia,
Labor party rebels charged
that there has been "a complete
and exclusive Anglo-American
ticup" on foreign policy and that
the government has abandoned
its pre-election pledges to pur
sue a policy of friendship and
mediation between Russia and
America.
The attack on government
policy was led by R. H. S. Cross
man, ona of leaders of the left
wing laborite bloc which forced
the debat on the issue.
Foreign Policy Hit
Crossman charged that there
was "a remarkable contrast be
tween tne government's domes
tic and foreign policies" and
that while domestically the gov
ernment pushed its program
"with vigor and determination"
the position was "obviously dif
ferent" in the field of foreign
relations.
Labor candidates before the
election last year, he said, agreed
that a conservative victory
would cause Britain to drift into
close association with the Unit
ed States and produce a divi
sion of the world into two ideo
logical blocs.
He said that candidates prom
ised that a labor government
would prevent such a division
of the world.
Murray Raps
Industry Profits
Atlantic City, N. J., Nov. 18
(IP) President Philip Murray
opened the CIO's eighth conven
tion today with a declaration
that the "unprecedented pro
fits" of industry constitute the
gravest threat ever faced by the
American people.
Murray asserted communism
offers a threat to our free eco
nomy, but the "staggering pro
fits" of corporations which he
said were running at a $15,000,-
000,000 rate this year (after
tattes) are "the gravest threat
to the maintenance of our sys
tem of free enterprise."
Murray told the estimated 600
delegates that the coming wage
struggle would be the conven
tion's most important concern.
He declared that if republi
can leaders think the election
results gave them a mandate to
"crucify" labor, "they are mak
ing a grave mistake."
"No! no!" he shouted. "They
can't do that to the American
people."
In defiant and bitter lan
guage Murray reviewed the big
CIO strikes of last winter and
blamed them squarely on big
business.
Nine Killed in Panic
At Naples Concert Fire
Rome, Nov. 18 (IP) Nine per
sons were killed in a panic re
sulting from a small blaze caus
ed by a short circuit during a
symphony concert at a parochial
school in Naples last night. Nine
others were seriously injured.
Among the dead were four
nuns and one priest.
Unorganized
crete indication of the direction
he intends to pursue in his rec
ommendations, except to urge
that the legislative and execu
tive branches cooperate for the
welfare rf the nation.
But southern democrats who
haven't gone along in the past
with many of the president's
proposals openly hope that Mr.
Truman won't bring up against
such leftovers from the late
President Roosevelt's agenda as
anti-poll tax and anti-lynching
legislation and proposals to es
tablish a permanent fair em
ployment practices' commission.
jkj Join
k - X ' V? ' ' v ... , -
i . . I ' .-, s , A
ft - 4 . . vi- ;.r . - ', .
r -if' V w "
Torpedo Ends Sea Raider's Career W Struck by a steam tor
pedo lired Dy tne U. S. submarine Atule, the former German
U-boat, U-977, explodes at sea 30 miles east of Provincetown,
Mass., during firing tests. Photo by Anthony Camerano, Asso
ciated Press staff photographer.
Mystery Veils Suicide
Of Russell W. Frost
Russell Waterman Frost, 51, industrial designer and talented
artist who had offices in the Oregon building, died at his apart
ment, 002 North Winter street, Sunday night. His death was at
tributed by Deputy Coroner Virgil Golden to suicide by poison,
after police had suspected murder because of wounds on Frost's
body, and a statement he had
made prior to death about an
attempt to get a formula away
from him. An autopsy was per
formed Monday morning. What
caused tne wounds has not been
found Oiit.
Frost came to Salem during
the war period as designer for
the Pljwood Design corpora
tion, ship fenders makers. Upon
the disbandment of that com
pany he went into business for
himself and prepared designs
for several buildings here and
in Portland, though he did not
follow a strictly architectural
business. He had connections
with furniture and toy manu
facturing concerns in the cast,
and many cjf his designs were
along those lines. He was clever
as an artistic painter and made
the scenjc murals and industrial
display in the dining room of
the Salem Chamber of Com
merce. (Concluded on Vage 11, Column 61
Predict Raise
In Rent Prices
Washington, Nov. 18 U.R
OPA officials indicated today
that the agency seriously is con
sidering a blanket nation-wide
increase in rent ceilings.
One official reiterated that
the flat 15 percent raise asked
by the OPA rent industry advis
ory committee was "out of the
question," but there were signs
that a lesser boost, possibly of
five percent across the board,
was in the works.
Ivan Carson, OPA rent con
trol director, declined to com
ment on reports that such a plan
definitely was being studied.
President Truman opened the
way for higher rent ceilings
when he issued his recent de
control order. He said then
that some adjustments were
necessary, but didn't indicate
whether they would be individ
ual or general boosts.
An informed OPA official
said the agency, with its dwin
dling staff, "simply couldn't
handle" the deluge of applica
tions that would result if new
policy merely liberalized indi
vidual adjustments.
Even under its strict rent con
trol policy, he said, OPA has
granted nearly 1,000,000 separ
ate adjustments since 1942.
War Surplus Tent Sale
Portland, Nov. 18 (Pi War
surplus tents, which the war
assets administration said could
be used to cover grain and feed
on farms, on materials, on build
ings lots, will go on sale Dec. 20.
The tents, originally valued at
$4,000,000 will be sold to all
classes of buyers who submit
sealed bids. Th nearest stock
is at Seattle.
Big 5 Seek
New Veto Code
New York, Nov. 18 (?) So
viet Foreign Minister Molotov
agreed today to consider British
American and Chinese proposals
for voluntarily restricting use
of the veto in the United Na
tions security council, but he re
served his right to reject all of
them later.
Foreign ministers of the Unit
ed Nations' five great powers
met today to see whether they
could work out what the British
call a new "code of conduct" to
restrict the use of the veto in
the UN security council.
The meeting was held at the
suggestion of British Foreign
Secretary Ernest Bevin, who had
circulated among the members
beforehand several proposals
for putting restraints on the veto
by voluntary agreement.
Those who attended the ses
sion for the United States were
Secretary of State Byrnes, Sen
ator Connally (D., Texas), State
Department Counsellor Benja
min Cohen and Charles E. Boh
len, Byrnes' Russian expert and
interpreter.
Prior to the big five session
of America, Britain, China,
France and Russia Byrnes met
with his top United Nations del
egates to discuss the veto issue
and review American policy
which agrees with that of the
other powers in opposing any
basic change in the veto at this
time, but calls for restraint by
agreement where possible.
The ministers moved to lift
the veto issue temporarily from
the UN assembly and add it to
their own tasks, finishing the
satellite peace treaties and be
ginning American peace talks.
Find Bodies of 5
In Plane Wreck
Burbank, Calif., Nov. 18 IIP)
A dead tier's hand still grips
the controls of the Western Air
Lines plane which crashed Wed
nesday, with 11 persons aboard,
against the snowy peak of White
mountain.
Ventura County Dep. Sheriff
Dolney Cummings, leader of a
group which yesterday made an
unsuccessful effort to recover
the bodies, reported finding five
badly burned corpses inside the
wreckage.
Cummings said he presumed
the other six bodies were buried
beneath the debris, which was
scattered over a wide area by
the impact. His party, he said,
lacked facilities for removing
the bodies.
Philadelphia Site for UN
Philadelphia, Nov. 18 IIP) A
United Nations' inspection par
ty comes to Philadelphia today
to survey the Quaker city's
capabilities as the possible world
18, 1946
capital.
i
Price Five Cents
End of Coast
Maritime Strike
Seems in Sight
San Francisco, Nov. 18 W)
The end of the 49-day Pacific
coast maritime strike was sight
ed today as two striking unions
began voting on a tentative
agreement under which they
would return to work Wednes
day. Settlement of the union se
curity demands of a third union,
the AFL Masters, Mates and Pi
lots (MMP), remained as a bar
rier to reopening west coast
ports, but that union was to
meet with the employers today,
amid indications of an agree
ment. Includes Coos Bay
Reaching of a tentative agree
ment was announced yesterday
by the operators and leaders of
the International Longshoremen
and Warehousemen (ILWU) and
the Marine Engineers' Beneficial
association (MEBA), both CIO
unions. Union leaders urged
membership ratification.
Harry Bridges, ILWU leader,
said the agreement included the
Coos Bay, Ore., jurisdictional
dispute between the CIO com
mittee for maritime unity and
Harry Lundeberg's AFL Sailors'
Union of the Pacific. Lundeborg
could not be reached for com
ment. Employers had demanded that
there would be no more work
stoppages such as that which
has tied up Coos Bay since mid
June. Bridges said the agreement
announced would mean "sub
stantial gains" for both CIO un
ions. He said it "will go to the
union membership with the
unanimous recommendation of
the joint negotiating committee
for approval."
Gain Wage Boost
ILWU members would gain
15-cent-an-hour wage boosts to
a base rate of $1.52 an hour and
the MEB members a 15 per cent
hike under the proposed con
tracts. The ILWU also obtain
ed appointment of a federal fact
finding committee to study wa
terfront safety conditions.
The strike began October 1 on
east, Gulf and west coasts.' A
compromise providing for pref
erential hiring of union mem
bers was reached on the cast and
Gulf coasts October 26, but the
Pacific American Shipowners'
association refused to accept it.
An employer spokesman esti
mated the strikers have lost ap
proximately $17,500,000 in sala
ries and that cargoes valued up
ward of $350,000,000 have been
delayed. -Food and medical sup
plies have dwindled in Alaska
and Hawaii.
Cloverdale Fire
Now Under Control
Cloverdale, Ore., Nov. 18 IIP)
A fire which broke out in
Cloverdalc's main business
block this morning was believed
under control today after threat
ening to burn the entire small
town.
Fire-fighting equipment from
Tillamook, the ranger station,
and other coastal points was
called at 8 a.m. after flames
burst out in the frame buildings.
William Cowcll's restaurant
and confectionery burned to the
ground, and some damage was
caused to the adjoining general
store and small clothing shop
The fire, starting from an unde
termined cause, burned so rap
idly that the town's 200 resi
dents feared the whole block
would go.
Utah 'Celestial Marriages'
Held Violation of Mann Act
Washington, Nov. 18 (U.R) The supreme court today ruled that
the "celestial marriages" of a group of Utah fundamentalists
violated the Mann act, which prohibits white slavery. Justice
William O. Douglas read the
court's 6 to 3 verdict
The government charged six
Utahans with transporting wom
en across state lines for im
moral purposes. They were
Hcbcr Kimball Cleveland, Da-
vd Brigham Derger, Thcral Ray
Dockstader, L. R. Stubbs, Follis
Gardner Petty and Vergel Y.
Jessop.
The fundamentalists argued
that the women were their "plu
ral" wives and that polygamy
was the "law of God" practiced
by their cult for 100 years. They
contended that the federal gov
ernment was without power to
regulate marriage.
The six were convicted in the
federal court for Utah. Their
Court Orders Lewis and Miners
To Continue Work at Least Until
Hearing on Injunction Nov. 27
Federal Judge Directs Lewis to Hold Termination
Of Contract Notice Until Decision Truman Set
For Showdown Battle with Labor Boss
Washington, Nov. 18 (Pi Federal Judge T. Alan Goldsborough
today called on John L. Lewis to continue mining soft coal for
the government for at least nine more days.
On the government's complaint, Goldsborough signed an order
restraining Lewis from terminating his contract at Wednesday
midnight a notice that already had prompted thousands of mine
workers to quit their jobs in advance of the deadline.
The judge directed Lewis and the United Mine Workers to
hold the termination notire In abeyance at least until November
27 when a hearing will be held on whether a temporary injunc
tion will be issued to uphold the government's position that Lewis
cannot breach his contract.
The legal action was another step in what was heralded as a
showdown fight between President Truman's administration and
the powerful chief of the United Mine Workers. Mr. Truman
was retorted determined to
smash Lewis' leadership or
force him to come to terms for
continued production of coal.
An hour after the court's or
der was issued, it was served
personally on Lewis at UMW
headquarters by two deputy
marshals. A UMW official told
reporter, however, Lewis
would have no statement to
day. Goldsborough said that if
Lewis' notice to terminate his
contract Wednesday night re
mained in effect, the miners may
walk out of the mines and re
fuse to resume work.
Irreparable Damage
"The resultant stoppage in
bituminous coal production will
cause great and irreparable
damage to the plaintiff (govern
ment)," the jurist said, adding:
"Such stoppages will directly
interfere with governmental op
erations and sovereign func
tions, and will adversely affect
great public interests, and will
seriousli endanger the public
welfare and safety. . . ."
Lewis last Friday rejected a
presidentially-endorsed plan for
settlement of the coal wage dis
pute and terminated his con
tract as of Wednesday midnight.
Since the miners traditionally
rcfirsc to work without a con
tract, this was a signal for all
miners to quit the pits.
Last night Secretary of the In
terior Ki ug issued an appeal for
all miners to remain at work
under this government contract
which he consistently contended
could not be breached.
Passenger Traffic Cut
Today, with reduced supplies
in prospect, the office of defense
transportation ordered a 25 per
cent reduction In railroad pas
senger service performed by
coal burning locomotives effec
tive at 11:59' p.m. next Sun
day. The announcement of Golds
borough s action was made by
the justice department where
Attorney General Tom Clark
and his aides spent a busy week
end preparing the government's
petition. Copies of the Golds
borough order were made avail
able to reporters at the depart
ment. Goldsborough's order, the de
partment said, expires Novem
ber 27 at 2 p.m., unless "before
such time the order for good
cause shown is extended,' or
unless the defendants consent
that it may be extended for a
longer period.
A hearing on the justice de
partment's request for a prelim
inary injunction to bar breach
of contract was set for hearing
November 27 at 10 a.m.
The court action was taken as
thousands of miners quit work
curtailing bituminous produc
tion in advance of the termina
tion deadline given by Lewis.
Newspaper Price Raised
Cincinnati, Nov. 18 IIP) The
Cincinnati Enquirer in today's
editions announced its price per
copy was increased a penny to
five cents "because of increased
costs of production." "In line
with the trend advertising rates
also are being increased," the
announcement said.
sentences were upheld in the
circuit court of appeals at Den
ver. Cleveland was sentenced
to four years and a day and each
of the others to three years.
Justices Hugo L. Black, Rob
ert H. Jsckson and Frank Mur
phy disfentcd. Justice Wiley
Rutledge wrote a separate opin
ion concurring with the major
ity Douglas said that while the
Mann act was aimed "primar
ily" at the use of interstate
commerce for the conduct of the
white slave business, "we find
no indication that a profit mo
tive" li neccuary to iti application."
Cut Ordered
In Rail Traffic
Washington, Nov. 18 (IP) The
office of defense transportation
today ordered a 25 percent re
duction In railroad passenger
service performed by coal-burning
locomotives effective at
11:5!) p.m. next Sunday.
ODT said the order was issu
ed "because of the threatened
stoppage of production of bitu
minous coal."
The agency warned further
that a continued stoppage of
bituminous mining operations
"would result in the curtail
ment of freight, parcel post,
mail and railway express ship
ments and all export traffic ex
cept food, clothing and medi
cine." The rail passenger order pro
vides that no railroad shall op
erate daily coal-burning passen
ger locomotive mileage in ex
cess of 75 percent of the total
such mileage operated on No
vember 1, 1946.
The order banned any move
ment of circus trains and any
others not required i common
carriers.
Blast and Fire
At Greenhouse
Fire that started when an oil
burner in the boiler house back
fired, destroyed the boiler house
and about 25 percent of the two
large 150 by 29 foot Breithaupt
greenhouses east of Swegle
Sunday morning.
At the greenhouses when he
fire started, Paul Heath, one of
the owners of the gi-eenhouses,
was unable to extinguish the
fire when the power went off
and the generator burned out
after he had switched to the
emergency power, leaving him
without a water supply. The
Four Corners fire truck was
called to the fire but got stuck
enroute and did not arrive until
(he fire had burned itself out.
Water caught in a bucket off
the greenhouse eves was used
to extinguish a smaller fire.
One of the houses, the struc
tures of which were completed
only about six weeks ago, con
tained a variety of late chry
santhemums, the entire stock
of which was destroyed. In the
other house were snapdragon
plants, also deslroyed, and Eas
ter lilies. The lilies apparently
had not made enough growth
to be damaged.
Outer Mongolia
Tightens Frontiers
Peiping. Nov. 18 (U.R) The Soviet-sponsored
autonomous peo
ple's republic of Outer Mongolia
has started to tighten the fron
tier separating it from North
China, the newspaper Hsin Min
Pao reported today.
Troops from the interior of the
country have been transferred
to the southern frontier, the dis
palch said, while special precau
tions have been taken to pre
vent any unauthorized travel be
tween Outer Mongolia and
North China.
A "cordon sanitaire" of sprin
kled sand and hundreds of miles
long has been laid down along
Outer Mongolia and Siuyuan and
Chahar provinces in China. This
barren sand corridor is used to
detect unauthorized travel, the
paper said.
The Weather
(Released by the United States
Weather Bureau)
Forecast for Salem and Vicin
ity: Cloudy with intermittent
rnln tonight and Tuesday. Tem
peratures about same. Winds to
decrease during night. Lowest
temperature tonlKht. 42 degrees.
Maximum yesterday 55. Mint
mum today 52. Mean tempera
ture yesterday 49. which was 4
above normal. Total 24-hour
precipitation to 11:30 a.m. to
day 1.67. Total precipitation for
the month 2.46, which Is .80 Inch
below normal. Willamette river
height -1.5 feet.