Board to Await Court Action on Age Pension Act Neuner Holds Act Inoperative but Board Sits Tight Threaten Suit On Kingwood Concrete Wall Centers Debate Capital io.nl Annexation 60th Year, No. 268 Bound w Meootf eltM o,25 Salem, Oregon, Tuesday, November 9, 1948 Price Five Cents utMr Mln. E'lMM L II II II II II I lav3 The state board of control agreed today to "sit tight" and wait for court action before tsk inr steps to comply with Ore gon's new old-age pension act. Meanwhile, the board will ask Attorney General George Neu ner for an opinion stating defi nitely whether or not the act, passed in last Tuesday'i general election, is constitutional. Neuner said in a memorandum opinion yesterday that the law is "Incomplete, inoperative and not self-executing." No Certificates Planned Gov. John H. Hall, himself a lawyer, said "This matter is too far reaching to just abide by an attorney general's ruling. It's going to the supreme court any way. We might as well sit tight and wait until it gets up there." Hall referred to the measure as an "old age monstrosity." The act provides that the board of control must issue cer tificates of indebtedness to carry out payment of pensions until the legislature provides other fi nancing means. "I'm not going to sign any certificates of indebtedness," said Hall, "until the court rules." Mandamus Action "The sooner it gets to the su preme court, the better," he ad ded. "We are just delaying the day of judgment otherwise." Hall said the quickest way to get the question settled would be mandamus action brought up by some interested person. George Aiken, state budget director, told the board that if the law is not clarified by Dec. 1. federal assistance for old age relief may be shut off. Secretary of State Earl T. Newbry and Treasurer Leslie M. Scott agreed with Hall that "the best policy is to sit tight.1 Earlier HaU said flatly he would not call a special legisla tive session to untangle the act. Formal Opinion Later Neuner said he would deliver a formal opinion later, possibly Wednesday, but in the meantime the act appeared to him to be "incomplete, inoperative and not self-executing." This meant, he added, that the plan could not go Into operation until the state legislature amends and Implements It early next year. In Its present form the act is of "very questionable constitutionality," he said. State officials prepared to re sume the regular state old-age assistance payments. They had been held back in fear that the new law would jeopardize them. It was understood here that the federal social security board was satisfied with Neuner's statement and would continue Its share of the old-age assist ance payments. The attorney general's opin- ion is expected to be the fore runner of a court test of the pension plan. It also was expected that the state would not offer bonds for sale until the court test is set tled. Its credit rating impaired by the pension plan, Oregon found last week that all major investment companies refused to bid on bond offerings. Demos Refuse To Purge Party Washington, Nov. 9 VP) Dem ocratic leaders turned a cold shoulder today on the proposal of Mrs. Eleanor Roosevelt that states' rights supporters be purg ed from the party. National Chairman J. Howard McGrath told a reporter it will be up to the democratic mem bers of the house and senate to decide who gets the prized chair manships in the new congress. He indicated the national com mittee doesn't want to mix in any such possible fight. He hinted further but didn't aay so flatly that any reprisal program such as Mrs. Roosevelt suggested wouldn't fit in with current efforts to solidify demo crats behind the legislative pro posals President Truman will send to congress in January. In a radio broadcast from Par Is yesterday, Mrs. Roosevelt said she would like to see "the per manent ousting of the southern Dlxiecrata from the democratic party. THE WEATHER (Released by United State Weather Bureau) Forecast for Salem and Vicin ity: Fair tonight and Wednes day, except tor morning fog. Slightly warmer afternoon tem peratures. Lowest temperature expected tonight, M degrees; highest Wednesday. M. Msxl num yesterday 51. Minimum to day W. Mean temperature yes terday 34 which was 10 below normal. Total J4-hour precipita tion to 11:30 ajn. today 0. Total precipitation for the month 3 64 which is 1.03 Inches above nor mal. Willamette river height at Salem Tuesday morning, -.( of a foot. Soviet Bloc in Filibuster on Balkan Issue Paris, Nov. 9 W John Foster Dulles charged tonight the Sov iet bloc is conducting a filibuster in the United Nations to frus trate action on the Balkans is sue. The Russian-controlled Slav minority denied the American delegate's charge. Dulles spoke before the UN political committee after hours of debate on both sides about ef forts to stop the civil war in Greece. He said the tactics of the minority are frustrating the General Assembly more than the veto has frustrated the Se curity Council. Ask for Settlement The committee made slow pro gress. It did, however, vote to ask Yugoslavia, Bulgaria and Albania to co-operate with Greece in settling the Balkan crisis. Yugoslavia promptly served notice she would contin ue to boycott the UN commission on the Balkans (UNSCOB). A four-power resolution was before the committee, condemn ing the three communist neigh bor states on charges of aiding Greek guerrillas. Paul-Henri Spaak, Belgian premier and committee chair man, urged the committee not to invoke a rule limiting debate. He asked for patience with long winded speakers. Egypt complained to the UN that Israeli troops were attack ing Egyptian forces in the Falu- ja area of southern Palestine in defiance of a UN truce order. (Concluded on Pare 16, Column 6) Red Controls To Seal Berlin Berlin, Nov. 9 (P) The Rus sians imposed new tiaffic con trols today in an effort to seal off the last trickle of supplies from the Soviet sector into blockaded western Berlin. The Russians announced they had set up six major roadblocks at sector borders to inspect all vehicular traffic. The points are manned by Soviet controlled German police with Russian forces in reserve. No foodstuffs or other cargo are being passed, unless accom panied by "release permits' signed by communist city offi cials. All other cargo is being confiscated. The Soviet announcement said tne tigntened measures are necessary "to protect the econ omy of the Soviet sector of Ber lin and the Russian occupation zone." Heretofore their traffic con trols within the city have been spasmodic and contained certain loopholes. William T. Babcock. U. S. dep uty commandant, said he believ ed the newest Soviet action was connected with Russian sus picion that the western powers would soon use only their own currency in West Berlin. Pacific Power Gets Loan Washington, Nov. 9 (IP) The Pacific Power & Light Co. Portland, Ore., has been grant ed authority to borrow $3,500, 000 from the National Bank and Trust Co., Pittsburgh, Pa. The utility advised the securities and exchange commission that the sum would finance new con struction. Cop Saxes Truck Driver From Death in Fiery Truck A logging truck driver, saved from a flaming, gasoline-soaked cab. owed his life today to the quickthinking action of Orrin O. White, a Salem police officer. White, however, is still puzzled about the accident ana the res cue because "it ail happened so 'I was shopping in the little- grocery at the northwest side of the intersection when passen ger car hit the truck," White tells. "The car smashed Into a fuel tank under the cab and It cre ated an amazing inferno, setting the logs, the passenger car and the truck on fire. "Both passengers of the car were thrown clear, so the one that needed help was the driver. I didn't think I Just went In after him. The driver knew me, but I couldn't recognize him, he was so badly burned. Although he kept calling. White, get me out.' he wouldn't let go of the steering wheel. I had to force him out." The patrolman, who wai off duty at the time, said that only later when he learned the Iden tification of tha trucker, Rich Spirit of Doom Hangs Over Old Chinese Capital Peiping. Nov. OP) This fa bled, spiritual capital of China already is beginning to wear the garments of doom, although there are no powerful red forces within 200 miles. The greatest flurry has been caused by the order of retired U. S. Maj. Gen. Clair Chennault to close the Peiping office of his Chinese Air Transport Corp. The air line for more than a year had been the most tangible symbol here of the Nationalist resistance north of the Yellow river. Withdrawal of CAT person nel began Monday and all day the company s offices were be sieged by jittery Chinese seek ing passage. Now Panic Prevails Now panic is on. The principal topic of conver sation Are you going or stay ing? Most foreigners are shipping their belongings out. Chinese in the black market which flourishes In transportation as elsewhere are offering from 3000 gold yuan up for passage to Shanghai. Individuals and groups are chartering planes in their efforts to get away. Of approximately 500 Ameri cans here, between 120 and 150 already have indicated their in tention to get out as quickly as possible. Forty seven of the approximately 280 Britons have followed suit. Meanwhile, the communists continued to clip off the strate gic towns flanking Suchow, last gateway to the capital of Nan king. Reds Capture Cities Hanchuang, Tangshan and Tancheng, which are 20, 30 and 50 miles north, west and east of Suchow respectively, were re ported to have fallen to reds un der Gen. Chen Yi. There was no official confirmation. Other red forces were report ed drawing nearer to Pengpu 120 miles north of Nanking and threatening seriously the Nan-king-Suchow corridor. Traffic between Suchow, and Pengpu has been suspended because of rail wrecking by the commu nists. The Nanking-Pengpu sec tion offers no regular service. Truman Not to Address AFL Washington, Nov. 9 U-B President Truman has turned down a bid to address the AFL convention in Cincinnati next week, but he will send a spe cial message to be read to the delegates. The president, who is now va cationing at Key West, Fla., also has an invitation to speak at the CIO convention in Portland Ore., the following week. He has not replied as yet. AFL President William Green said that among those who have accepted bids to speak are Sec retary of Labor Maurice J. To bin, Economic Corporation Ad ministrator Paul G. Hoffman and Presidential Assistant John R. Steelman. Vice President-elect Alben W. Barkley and Senator-elect Hubert H. Humphrey (D., Minn.) also have been asked. The CIO has received accept ances from Associate Justice William O. Douglas of the su preme court, Sen. Wayne Morse (R., Ore.) and Walter White, executive secretary of the Na tional Association for the Ad vancement of Colored People. fast." ard O. Brown, 1140 N. Capitol. was he able to remember him as a long-time friend. He mini mized his own reported injury by saying he was "Just singed." Brown and Samuel J. Lindley, Harper, a passenger In the car which struck the truck, were re ported seriously burned by Sa lem General hospital officials. The driver of the light car, John LaGrander, Drain, was not so se riously Injured, and his condi tion was reported good. La Grander and Lindley are service men stationed at McChord field, Tacoma. The car and truck tractor were a total loss, but the logs were saved by the Salem fire depart ment crew which spent more than a half hour battling the gas oline fire. I ri. vj I i r 4 i ' -. . . I An Orchid for Mrs. Kells A dinner at the YMCA Monday evening honoring Mr. and Mrs. Claude Kells, retiring after 27 years of devotion to YMCA work in Salem, brought recog nition to Mrs. Kells in form of an orchid presented by Paul Wallace, veteran member of the board. Mr. Kells was awarded a book of letters from friends commemorating his services as secretary. From left: Mrs. Paul Wallace, Mrs. Kells, Paul Wallace and Mr. Kells. (Story on Page 15) Save $47,000 by Making Sewer Pipe Weary with waiting on the contractor to get action, the city administration will itself manufacture the concrete pipe for the interceptor sewer project. An estimated $47,040 will be Some months ago the city called for bids for construction of the interceptor sewer. The one bid received for the whole proj ect and another for part of the oroject were beyond all reason, so the city decided to do the job on force account. But it was still proposed to have the pipe manufactured by contract and a bid of $152,140 from the Collins Concrete Pipe company was accepted. The company was to set up a plant in the city and make the pipe here. . . , Then came prolonged delay. One reason given for the delay was shortage of reinforcing steel. City Manager J. L. Franzen told the city council Monday night that the city can manufac ture its own pipe at an estimated cost of $105,100 and he intro duced a resolution authorizing him to purchase the necessary materials. The resolution was adopted. The materials will include pipes, conduits, cement, rein forcing steel and other necessary articles at prices the manager may consider reasonable. The resolution sets out that the coun cil deems it impractical to call for bids because of the exper ience already had with bidders. Franzen said steel for manu facture of the reinforcing mesh and also cement may be hard to get. but he believes they can be found in sufficient quantity. Of the two materials steel is the hardest to find on the market The sewer pipe to be made will be 1320 feet of 72-inch pipe. 1660 feet of 66-inch, and 7850 feet of 60-inch. The manufacturing plant will be set up on the North River road property owned by the city that is to be the later location of a sewage disposal plant. An inexpensive building will be constructed on the property to house the plant. The cost of the sewer con struction and the pipe manufac ture will come out of the $815, 000 bond authorization voted by the people last spring of which $600,000 is earmarked for the disposal plant. The city Is not tied up with the Collins company. Although the Collins bid for making the pipe was acceptable no contract was signed, and since the con tractor has made no progress in the project the city is at lib erty to go ahead. Maritime Strike In East Averted New York, Nov. 8 u.ft Ag reement on 10-cent hourly wage increase ended today the threat of a strike by 60,000 AFL longshoremen in Atlantic and gulf ports. The walkout had been set for midnight tonight, Thomas R. Steutel, U. S. con ciliation commissioner, a n nounced the agreement after a six hour session last night be tween Joseph P. Ryan, inter national president of the Inter national Longshoremen's associ ation (AFL). and representa tives of the New York Shipping association. saved. Fire and Wind Hit Santa Ana Santa Ana, Calif., Nov. 9 VP) The raging Santa Ana moun tains brush fire shot today into Silverado canyon, an area of some 350 beautiful homes and! estates. All residents had been evacu ated but hundreds of fire fight ers were battling to save the homes, many of them owned by wealthy Santa Ana and Orange businessmen. A. G Brennein, federal for est supervisor, said there were 1,350 men fighting the gale- swept blaze which so far has burned over some 43,000 acres, and is about a half-mile from the home area proper. Damage mounted into the hundreds of thousands of dollars as the southern California wind storm and fire raged along an 18-mile front. The weather bureau was en couraging, however. Winds which on occasion reached hur ricane force in mountain pass es had dropped to 35 to 40 miles an hour today and were expect ed to almost die out by night. Havoc caused by the gales hit most of the southern section of the state, except Los Angeles. Citrus loss between San Bernar dino and Ontario was heavy. Truman Ignores Cabinet Rumors Key West, Fla., Nov. 9 U President Truman's vacation headquarters took on the air of a rumor mill today and the chief executive himself wasn't offer ing the gucsscrs any help. While Mr. Truman concentrat ed on enjoying his tropical va cation there were unconfirmed reports and romors that: 1. Major cabinet shakeups already are in the making. 2. Nobody will be fired but some will quit. 3. President Prio of Cuba is coming here to vlst Mr Truman 4. Mr. Truman is going on a Caribbean cruise. The cabinet shakeup rumors arose naturally from the ex pec tation that there would be some changes in the president's offi cial family by the time his new administration begins Jan. 20 Whether decisions ad been reached already was not known officially. The speculation about a meet ing between Mr. Truman and President Prio was based on re ports that ambassador to Cuba Robert Butler was on his way to set it up. The idea of a Caribbean cruise came from the fact that the presidential yacht Williams burg Is anchored here It could be explained, just as easily, that the yacht almost always is here while Mr. Truman Is around. Ramage Jerks Hat From Senate John Ramage of Woodburn who had at least two members of the county court in a mood to vote for him as state senatorial appointment to succeed Gover nor-elect Douglas McKay, read himself out of the race indefi nitely Monday when he appear ed before the court with Winton Hunt, also Woodburn candidate introduced him and advised the court he was still his candidate and so the Ramage boom which originated with some of the court members themselves dis solved into air. A new name has been injected by some farmer union members in that of Harley Libby of Jef ferson, which counts two farmer union suppoited candidates, the other being Ronald Jones, for mer legislator from Brooks, and head of the state organization. J. he juggernaut for Carl Hogg Salem supported member, really started rolling Tuesday when a grist of letters came into the court from Salem business men at least one of them in the form of a petition bearing quite a long list of names and others be ing in the shape of personal let ters, expected to be just the start of a stream of them yet to come. Court members still continue mum as to the possibility of the selectee and are expected to re main so until County Judge Grant Murphy gets back from Oklahoma City in December and a decision finally is reached. In tho meantime the numerous en dorsements, recommendations and letters of praise will be fil ed in their respective niches in the county archives to be taken out again when the weighing in starts for the real battle royal next month. Elizabeth's Baby to Be Royal Highness London, Nov. 9 P) King George VI announced tonight he will confer the title of prince or princess of Edinburgh on Princess Elizabeth's baby and style it royal highness." Otherwise, a boy child would have been only an earl taking one of Prince Philip's titles, the earl of Marioncth and a girl child would have been known as Lady Mountbattcn, taking its own Christian name and its fath er's surname. The king's decision was made In letters patent, published in the London Gazette, Drunks Who Tried to Whip Cop Behind Bars Two drunks who promised they could "whip any cop in Salem" and attempted to begin on Patrolman Harley Cordray were be hind bars in the city jail Tuesday awaiting cash to pay $3.10 in fines. Cordray, who patrols the north section of Salem alone on the graveyard shift of the Salem force, stopped a panel truck early Tuesday to question the operator about his driving. Without provocation, the of ficer's report said, Clayton W Eiscle, Oregon City, got out of the machine and assaulted him. Eisele and a companion who tem porarily escaped anest, Sam Mathew Ivison of Portland, had told the officer they could whip any policeman in the city. While Cordray battled In de fend himself from the assault of Eisele, Ivison drove off. The Oregon City man was finally flattened with a blow which broke Cordray'a right hand. Ivison was picked up on drunk driving charge by Officer Arch L. Wilson later. Ivison of- fered no argument when he wasjplained. Opposition Said to Center in Operators of Pinball Machines Threat of an injunction suit ito keep the city of Salem from completing the annexation of the Kingwood water distrirt in ! Polk county is said to center in I the ownership and operation of two beer taverns near the west I end of the Salem-West Salem nriage. Both places operate pinball games, which are not permitted in Salem. When the annexation is completed the games will au tomatically be outlawed in the area where the taverns are lo cated, since it is part of the an nexed district. The two are the Maple Tree, operated by P. P. Benson and located on property owned by Glenn Lewis, and the place known as Wink's, operated by E. J. Winkenwerdcr. The latter recently moved from West Sa lem into the area outside the city limits. Pinball games are not operated within the city li mits of West Salem. Council Canvasses Vote Paul Burris appeared before the city council Monday night as attorney for certain property owners of the annexed district and requested that the council delay the official canvass of the vote to enable him to marshal his arguments for the injunc tion. The council went ahead and canvassed the vote, but the annexation has not yet been proclaimed by Mayor Robert L, Elfstrom. That probably will be done this week, Elfstrom said The proclamation will make the annexation effective. In reply to Burris, City At torney Chris J. Kowitz said the law required that the vote bp canvassed at the next regular meeting after election, or at a special meeting, and that It would in no way prejudice the right of anyone to bring suit, Clients Not Revealed Burris did not reveal to the council who his clients were, and the city attorney said other attorneys were interested In t possible suit. One argument that It was re ported might be used against the annexation was that the law permitting merger of cities may not apply to unincorporated areas. However, City Attorney Kowitz says the question in volved is not one of merger, but of annexation. Another possible argument pertains to the manner of hold ing the election, the opponents of the annexation contending that persons owning property in the district should be allowed to vote although they may live and regularly vote in a precinct outside the annexation district Brightest Come! Flashes in Sky Cambridge, Mass., Nov. 9 VP) The new comet rushing through the sky was reported today "brighter than Venus." And It was leading astrono mers here on a merry chase; they were having a hard time charting its path. Until they determine the di rection it's moving, they can't tell when and where to look for it. In Los Angeles, Dr. Dinsmore Alter, director of Griffith obser vatory, called it "the most beau tiful comet since Halley's in 1910." Dr. Alter watched the comet before dawn as it rose over the slope of Mt. Wilson. He said he followed it for an hour with the naked eye and field glasses. "It showed a peculiar sheath like effect of the head, preced ing the nucleus and then sweep ing backward to form the long, bright tail." arrested and Wilson was not aware that the man was being sought by Cordray at the time Eisele was fined $125 on a charge of being drunk and dis orderly while his companion, Ivison, was fined $200 on the drunk driving charge, with a 30 day Jail sentence to be suspend ed upon payment of the fine. His license was revoked for a year He was also fined $5 for a void driver's license. , Cordray, a slight but wiry of ficer, said he would be back on his beat Tuesday night despite his injured hand. "It'll take more than a little fight with a couple of drunks to keep me olf my beat," he ex- By Aldermen Strip Needed for High way Wanted forTrada Area Parking Space A concrete wall three feet high that the Pacitic Mutual Life Insurance company la ready to build on Southern Pa cific property parallel with the insurance company's trading center project on North Capitol may interfere with the later re location of Highway 93E, now on North Capitol. Involved in an argument in the city council Monday night was the question whether the city of Salem or Pacific Mutual will ultimately be the purchaser of a strip of land west of and parallel to the Southern Pacifie right of way. It is this strip that the city talks of acquiring as a new lo cation for the highway. Pacific .Mutual wants it, temporarily at least, as parking space for the cars of customers of the trading center. The argument came up when a special committee headed by Alderman Gille introduced a resolution requesting the stat highway commission to make an early decision on the relocation of Highway 99E. City Has Priority City Manager J. L. Franzen and Mayor Robert L. Elfstrom mentioned that the Southern Pacific had given the city first priority for the purchase and believed the' railroad company would protect the city. Gill wasn't so sure. 'I can't understand," he said. "why the Insurance company would spend several thousand dollars on a wall unless it had some assurance it was going to own the property." Gille said a trench had been dug and forms made for tha concrete wall. It was brought out In the dis cussion that Pacific Mutual made offers to buy the strip to the San Francisco office of the railroad company, where it was informed the Portland office had jurisdiction. The Portland office, it is said, recognizes the city's priority. The city manager was asked to inquire further into the situ ation in the next two weeks. Resolutions Adopted The committee resolution ask ing the" highway commission to make an early decision on the highway relocation was adopt ed. Gille said the commission was opposed to the present North Capitol route as a per manent location, but had an nounced no definite plan. Gill urged that the council "carry through with the city long-rang planning commission" in th recommendations for an arteri al street system. Also adopted was a resolution by the special committee for th widening of North Capitol from Court to Union street. The reso lution did not mention a ban an automobile parking, which, on protest of North Salem business men, resulted in defeat of a sim ilar, but more extensive, resolu tion two weeks ago. Jet Planes Cause Rumors of Distress McChord Field, Wash., Nov. 9 McChord field said today navy jet fighters cruising the southern Washington skies late yesterday accounted for a flurry of reports of airplanes in dis tress. Residents In Vancouver, La Center, and Kelso, Wash., phon ed that airplanes trailing smok had Just passed overhead. One logger near Silverstar countain said he saw a plane crash in flames after he watched It trail smoke for several min utes. The Washington slate patrol said it was probably sunlight on the craft's silvery wings that looked like fire. The "smoke" was probably vapor from the Jet engine. No aircraft were reported ov erdue. Tropical Storm Brewing in Atlantic Miami, Fla., Nov. 9 UPJ The weather bureau here reported at 10:30 a.m. EST today that storm of "tropical character" had formed in the Atlantic ocean about 400 miles northeast of Nassau. A weather advisory issued by Forecaster Grady Norton said the storm was centered at 10:30 a m. in the vicinity of latitude 27 to 28 north, longitude 71 to 72 west. The advisory said it was apparently moving west northwest at approximately 18 to 18 miles per hour. "This storm may be increasing in intensity and caution is ad vised for shipping in its vicin ity." (he advisory said. Hurricane hunter planes were dispatched to investigate th area.