Courthouse Lot Can't Be Leased For Auto Park District Attorney Says Deed to Property Precludes Use G apital jt Journal No Federal Aid Big 4 Deadlock On County Roads On German Pact Available in '49 Still Continues 61st Yeor, No. 144 "c'J.T. Solem, Oregon, Friday, June 17, 1949 (16 Pages) Price By DON UPJOHN District Attorney Ed Stadter Friday advised the county court In an informal opinion that he doubti it has the authority to lease any part ot the courthouse block in Salem to private par ties for underground parking or any other purposes. This in answer to an inquiry from the court which has been approached by local parties on a proposal to use all or part of the block for underground park ing in connection with the new courthouse construction, the pri vate parties to take a long term lease, build and operate the fa cilities and eventually turn them over to the county. Quotes from Original Deed ( The district attorney said he had examined an abstract cover ing the property down to 1937 and he found that in about 18S0 William H. Willson in platting off his lands now part of down town Salem he had reserved block 6, the - courthouse block, as a "public square." Said the district attorney a public square, according to numerous deci sions, is set aside for the free use of the public and generally construed to be limited only to the use of a courthouse and, he stated, "it is my opinion no part of the block can be sold or leased out for private purposes." County Judge Murphy said that this seems to set at rest some of the proposals which had been made to the court to sell the property to private individ uals, as well as the leasing pro posal. Talks Friendly Suit "Of course," said the judge, "the court wouldn't even con template such a sale unless di rected to do so by a vote of the people." The district attorney said, in response to a query of the judge if the reservation made by the donor would be ef fective in event the people aban doned the square by a vote, that he believed it would still be public square and he hadn't delved into just what procedure would be necessary to overturn the reservation made by the do nor, or what would become of the land if it was set aside. (Concluded en Page S, Column a) Hiss to Testify In Own Defense New York, June 17 () A de fense motion to dismiss the per jury charges against Alger Hiss was denied today by Federal Judge Samuel H. Kaufman. His ruling came after argu ments were heard in his cham bers for two hours. Earlier the government had rested its case against the former state depart ment official. The decision was announced to the press by Judge Kaufman's secretary. Defense Counsel Lloyd Paul Stryker told newsmen that Judge Kaufman denied two of his mo tions: one for dismissal of the in- dictment and the other for a judgment of acquittal. Hiss is accused of perjury to conceal evidence of espionage. Stryker said "I made two mo tions, one to dismiss the indict ment on the ground that, in part at least, it was defective; and the other for a judgment of ac quittal on the ground that, as a matter of law, the government v has not submitted enough evi- dence to go to the Jury." Stryker said Hiss would testi fy in his own defense but prob ably would not be called to the stand Monday when the defense begins its case. Lewis Orders Miners Back to Pits Monday Pittsburgh. June 17 U John L. Lewis has ordered his 480,000 United Mine Workers back to the pits on Monday. John Busarello, president of District No. 5 ot the UMW, an nounced yesterday he had re ceived a telegram from Lewis requesting the miners to end their week-long walkout on schedule Monday. Said Busarello: "The telegram was short just a few words and simply re quested the end of the walkout on schedule. That's what I ex pected, of course." Lewis, who now is in the midst of new contract negotia tions with the industry, called the walkout to "stabilize" the industry. The contract expires June 30. Actually the miners will work only five days and then get another week off. On June 25 4ey start their annual paid va - ration. They receive $100 apiece. Newbry Defends Auto Liability Contract Award By JAMES D. OLSON Award of a contract for au tomobile liability insurance for state cars and trucks at a cost of SI.77S.4S higher than the lowest bid, was defended Friday by members of the board of control on the ground that engineering safety service to be performed by the successful bidder will more than offset the difference in the insurance costs. The board awarded the con tract to the General Casualty company, represented by Dooly St Co., of Portland for $83,- 496.52. The low bid of $74,717.79 was submitted by the Truck In surance Exchange, a reciprocal company of Los Angeles, which has had the state's automobile liability insurance for the past three years. Action Unanimous Secretary of State Earl T. Newbry, the only member of the board who was available Friday morning, said that the action of awarding the contract was unanimous. 'The main reason for award ing the contract to a standard stock company," Newbry said, "was that the successful bidder has agreed to put three safety engineers at work in an effort to reduce the accident toll am ong state vehicles. This serv ice will cost between $10,000 and $15,000 to be borne by the insurance company." (Concluded on Pago $. Column I) S P Trainmen Vote on Strike San Francisco, June 17 & Seven thousand Southern Pacif ic trainmen in the far west are receiving strike ballots today in a dispute involving the number of brakemen on freight trains. J. J. Corcoran, general chair man of the Brotherhood of Rail road Trainmen, today denied company reprrts that the action probably was inspired by re peal of the California full crew law. Both company and union of ficials were agreed, however, that there was no danger of im mediate walkout. The vote won't be counted before July 5. The railway labor act provides for a 60 days cooling period and automatic mediation machinery. The brotherhood is asking for a uniform crew law which would require three brakemen to be assigned any freight train longer than 40 cars. The company opposes the de mand. It argues that repeal of Californias full crew law last November "made it unnecessary to employ more brakemen than needed for safe operation of freight cars." The brotherhood has been ar guing before the California pub lic utilities commission that safe operation of long trains through winding mountain canyons calls for more brakemen than the railroads use. Shanghai's Blockade Ends, Shippers Wary Shanghai, June 17 W) Shang hai's blockade, which turned out to be a bluff, ended today. But some shippers were chary of fu ture plans. One said the Chinese nation alists realized now that a feint had been effective and that they might at any time steal in at night and mine the Yangtze ship cnannei. But most shippers were less cautious. They were scheduling their ships back Into Shanghai as for the blind, the aged, and de fast as possible. pendent children. Officials say The river was thought to have it would cost $230,000,000 a been mined a week ago. year, and more in bad times. Judith Coplon Says FBI Data Taken to Write Comedy Washington, June 17 (l Judith Coplon swore under1 oath today that the "top secret" FBI reports found In her purse when she was arrested on espionage charges was for use In a "serio comic" book. Miss Coplon's lawyer previously had told the Jury trying her he would show that the former justice department employe was assembling material for a novel. But today's testimony on that point was the first from her own lips in the presence of the jury A few minutes earlier she de clared in response to a question from her attorney, Archibald Palmer: "I have always been loyal to the United States." Discussing the top secret re- port, which deals with commu- nlst soving but which has not heen introduced as evidence in the trial. Miss Coplon said she j believes it was a "decoy" plant Hoffman Wins Battle Against Big Cut in ECA Washington, June 17 ( Senators said today that Eco nomic Cooperation Administra tor Paul Hoffman had won his fight against a heavy cut in European recovery spending. "The push for a big reduc tion is all washed up," Senator Robertson (D-Va.) told a re porter. Other members of the sen ate appropriations committee agreed. Hoffman ha battled with the committee in four long and rough sessions in defense of ECA's multi-billion dollar pro gram. He was down for a' re turn bout this afternoon. Billion Dollar Slash The ECA chief pulled out his ace in the hole yesterday. This was a report showing that a $1,000,000,000 cut in recov ery spending actually will mean less purchases of American cot ton, tobacco, wheat, butter. lumber, and other commodities. The feeling was that with some American business declining farmers and businessmen will want foreign nSarkets especially. Senator Young (R-N.D.) said any cut made will be small. He agreed that Hoffman s report would have tendency to slow down the demands for a large reduction. 'We do have surplus food running out of our ears," Young said. "And the recovery pro gram is one way to get rid of it." Small Cut Looms The committee sentiment ap peared to be that ECA will have to take another cut in the sec ond year's program but it will not be anywhere near the $1,000,000,000 some senators suggest. The house voted ECA $3,568 470,000 to be spent in the first 10 and one-half months of the fiscal year beginning July 1 if necessary. Hoffman said he would be satisfied with this and would try to spread the money over 12 months. Robertson said committee members realized that any large cut would be "impractical." "Im satisfied the committee won't go beyond my sugges tion," he said. This is to give ECA $168,000,000 more than the house gave it but require the program to be spread over 12 months. A republican member said privately he believes the com mittee will give Hoffman the same figure voted by the house and require him to spend the money in 12 months. 7 Cities Revive 'Work Relief Washington. June 17 Rising unemployment and swell ing relief rolls have led five states to pass depression-style relief laws and at least seven cities to reVive "work relief projects. But an associated press sur vey today suggested no national emergency. It found most states certain they could handle their relief load in stride. It indicated joblessness had dwindled or stabilized in at least ten states in recent weeks or months. It showed that, al most everywhere, unemploy ment insurance has been a "cushion" to keep most laid-off workers off "poor relief" until they found new jobs. President Truman has pro posed federal grants for "home relief" to match state aid to pay- less families, on the same basis as the federal funds now used ed with her by William E. Fo ley. She testified that Foley, her boss In the justice department's foreign agents registration sec tion, brought the report to her early in January. It was the first time she had evei seen any thing marked "top secret," she said, adding: "He (Foley) came in and said he had just got a top secret re port on Russian espionage in the United States. The highest rating I had ever seen before was 'strictly confidential'," itM miK v n 1 ; . I -Il II ... J Power Flows Again Electric service at Dallas was re stored to normal shortly before midnight Thursday as a crew of the Mountain States Power company completed in stallation of two replacement transformer brought from Albany. The sub-station, near the Willamette Valley Lumber company, was destroyed by fire Wednesday night. Paul Morgan, Dallas manager of the lumber company, and R. H. Wheeler, of the same firm, inspect progress as a power company crew makes repairs. (Photo by Abel). Cherryland Festival Queen to Be Selected By MARGARET MAGEE Selected tonight at a program to be held at the Elsinore theater will be the queen of the 1949 Cherryland festival. Candidates for the honor will be five young women from Polk and Marion counties who at a Princess Selection Night program April 21 were chosen as princesses from a group of young women representing the high schools of the two counties. The princesses, two from Polk county and three from Marion county, are Patricia O'Connor, Sacred Heart academy; orace Marie Kirk, St. Paul; Jeannine Bentley, Stayton high school: Katherine Specht, Jefferson; and Dorothy Neufeld, Dallas. In the group are three brunettes, a red head and a dark blonde. The red-head is the St. Paul repre sentative and the blonde is the Dallas candidate. ,' Making their first appearance in their formal tourt dres.rs to night, the girl will arrive at the theater at 8:30 o'clock, riding in convertibles and escorted by city police. With them as chap eron, in the absence of the offi cial chaperon, Mrs. Arthur Wed dle, will be Mrs. Glenn McCor mick. The girls, all wearing orchid marquisette gowns with off shoulder yoke edged with a wide ruffle and having a full skirt with a wide ruffle trim giving an apron effect, are to be escorted to the Elsinore stage by members of the Cherrian Council of Nobles. Planned to take place be tween the two evening shows, the program will open with the introduction of the queen of the first Cherryland Festival, held early in the 1900's, a Mrs. Agnes Schucking, and the queen of the festival in 1948, Mlsa Lois Eg gers. Following their Introduc tion the princesses will be inter viewed briefly by the master of ceremonies. Dave Hoss. The en tire program is to be tran scribed for re-broadcast the sa ne evening at 10:45 o'clock over station KSLM. (Concluded mi Pare a. Column I) Timber Fire Rages In Schelt Yalley Vancouver, B. C, June 17 (CP) In a mountain surroun ded valley, forest flames today licked their way through rich timber stands. Three million board feet of newly-felled timber have been destroyed by fire raging out of control near Sechelt, 40 miles upcoast from Vancouver. It raced uncontrolled through new stands in a high valley at the head of Gray creek, 12 miles northeast of Sechelt. Already it has laid waste to more than 100 acres. Logging crews battled the flames today, directed by for estry officials flown in from Vancouver. WEATHER (Released bv United SUM Weather Bureau) Forecast for 8lem and Vicin ity : Fair and somewhat warmer tonight and Saturday. Lowest temperature expected tonight. 44 degrees: htsheM Saturday. 78. Conditions -111 be mofttlv fav orable for farm work Saturday. Maximum yesterday ap. Mini mum today 41. Mean tempera ture yesterday 57 which was S below normal. Total 24-hour precipitation to 11:30 a. m. to day 0. Total precipitation for the month .13 of an Inch which is 55 of an Inch below normal. Willamette river hint at Sa lem Ftldar momlna. -.4 of a font Call Issued for Cherry Pickers A call for 300 additional cher ry pickers to go into the or chards Saturday and Sunday was issued Friday by the Salem of fice of the slate employment service. Wm. Baillie, manager, suggested that many persons, re gularly employed could help out in the emergency. The growers have one of the best crops in years and hope to harvest it be fore a possible change in the weather might bring cherry cracking rain. Growers will be at the labor office at South Cottage and Ferry streets around 6 o'clock each morning to provide trans portation for those willing to work. Others who wish to pro vide their own transportation can secure Information concern ing the orchards that need help by dialing 39288. Willamette Cherry Growers assn. will operate throughout the week-end in order to receive all fruit that is picked. New Search for Missing B-26 Molalla, Ore., June 17 (U.B A volunteer ground party today planned an extensive search of a nearby timber slope for a B-26 attack bomber, missing since April 21 with three Cali fornia servicemen aboard. Investigation of the area be gan yesterday when Logger Carl Swanson reported that he had sighted "something shiny be side a broken tree" with binocu lars. A helicopter was sent from McChord Field, Wash., to check the report, but was unable to find trace of the wreckage. Lt. John McAuley, comman der of an air rescue team search- mg the Mja ,ale aflcrnoon shadows prevented close scan ning of underbrush, but that five broken trees were sighted. The missing plane, believed ....k. (n - llinhl t.nm Tlnmil. ton Field. Calif., to Portland. orri.rf rl a V ;miih nri Col. Waller W. Hodge, both of San Francisco, and M Sgt. H. E. Sluga of San Jose. Their wives have offered SI, 500 reward for the finding of the men or wreck age. The offer expires June 30. $12 Million Loan To Northwest Airlines Civil Aeronau'tlcs board advised the Reconstruction Finance cor poration today that it will guar antee a proposed loan of 112, 000 000 to Northwest Airlines. The airline already has bor rowed $9,000,000 from private banks as part of a $21,000,000 financing program for new flight equipment. The RFC-guaranteed1 Two Associatd Press corre loan will be used In buying 10 sponrients who tried to see the Boeing stratacruisers. The CAB is required to pass on an airline's financial stabil - Ity In applications for loans to iDtuirmHnininrVrt Senate Debates New Labor Law Washington, June 17 W) A choice between injunctions or seizure confronted the senate to day as it entered the second round of arguments over how to deal with strikes that imperil the national health or safety. While five proposals were vying for votes, what the sena tors really were trying to decide narrowed down to these alterna tives: 1. Continue specific govern ment power to get court injunc tions, as in the Taft-Hartley act Labor unions are solidly against this. 2. Avoid any mention of in junctions but authorize the gov ernment to seize an industry. This is. another way of authoriz ing an injunction if it becomes necessary, but it is not nearly so bad in the eyes of most labor leaders. The big contest was expected to be between two proposals which draw the issues most clearly. One, " by Senator Taft (R Ohio) and. other republicans. would authorize injunctions in so many words and seizure too. The other, by Senators Douglas (D., 111.) and Aiken (R., Vt.), would authorize only seizure This is supported by the demo crat leader, Senator Lucas of Il linois. The showdown might c o m i early next week. Truman to Use Power to Slash Washington, June 17 President Truman probably will begin using his new govern ment reorganization power Mon day, officals said today. Just what he will offer con gress as his first reorganization plan remain to be settled. But a proposal for shifting the bureau of employment security from the federal security agency to the labor department was men tioned as a very good bet. A revamping of the civil ser vice commission was suggested as another. Presidential Press Secretary Charles G. Ross said today that Mr. Truman probably will sign the reorganization act on Mon day. He said half a dozen re organization plans will be sub mitted to congress soon after the signing some of them prob ably on Monday. Czech Catholic Prelate Prisoner in His Palace Pr"u'- Czechoslovakia. June 17 () Archbishop Josef B,rari. "cad of Czechoslovakia 'wiiii a vir-uai prisoner in n a own Daiace tooav. a- ine commun ist government's war on the church appeared nearing a climax A reliable informant described the Prague Archbishop's status as house arrest. Two priests from Archbishop Beran's consistory have been arrested and taken away by po lice after a raid on the consis tory section of the archbishop's palace In which police tried to seize church records. Neither priests nor laymen could get in to see the arch- ! bl',hop , i!h.out.. ur","oin police identification The customary armed guard stood outside Archbishop Ber an's palace. More significantly, the recep tion desk and telephone switch board Inside the palace gate w'r m,nn "rcr" P"c- jsrennunop were tola by per - sonnel at the reception dek thar i'the archbishop aays no. " At the same time a Czech in clerical garo waa attempting No Work on Either Silverton or South River Highways There'll be no federal aid money expended on purely county roada during the present calendar year, County Judge Grant Murphy advised the eoun ty court at Its session Friday and this dissolves any chance for such work being done on either completion of the Silver ton road or further work on the South River road as such pro ject before 1950 at the earliest. His statement was made fol lowing a conference he has just had with the state hignway en gineers who told him no federal aid funds have as yet been allo cated to either project this year although the Silverton road completion has been approved Engineers Complete Plans He said it was apparent that although the engineering work had been completed by the state on both the Silverton and South River road projects that the state highway engineers will hold out strongly for comple tion of the Silverton road before they take on another project. His conference with the high way engineers was outgrowth of a recent county court meet ing at which it was stated the right of way problems had not been ironed out for the Silver- ton road and it looked as if they wouldn't be this summer, that there was strong opposition to the new alignment from resi dents along the present road with injunction proceedings threatened and the judge took the position if the Silverton road wasn't in shape to improve that rather than letting federal funds lie idle perhaps the River road project should be taken up As it stands now after his con ference it appears that work on neither road will be taken up this summer but when work is started again on federal aid for county roads it if likely the Sil verton road will have priority in the minds of the highway engineers. Hopes for Primary Roads -The judge did state that there may be federal funds used on primary roads in -the county this year and he said also there were some high hopes that during the present fiscal year up to July 1 19S0 there may be something started on the new section of the North Santiam highway be tween Mehama and Mill city on the Marion county side of the river. This project was under- taken before the war years and some work done on it and then it was abandoned with the war. However, the survey has been made, the right of way secured and the judge said there seems likelihood It has a chance to be revived. Russians Double Border Guards Hamburg. Germany. June 17 ,jti.- D...-1 v.... their border guards In an effort to stop Germans fleeing from their zone to the west, it was of ficially reported today. German police officials on the British zone side, said the bor- '!,."!!, '. '"""'T "led,'rom the Moses lake training that Illegal crossings both ways have stopped almost complete ly. Travelers with valid papers are crossing normally, however. British zone officials connect the Russian move with an east zone drive for forced labor for uranium mines. For months past fit young Germans fleeing Into the west zones have claimed that they were escaping forced labor in the mines. s 9.000.000 Roman Catholics gain admission. The reception personnel demanded from him full Identification papers and other data before they would consent to telephone the arch bishop for an audience. There was no way of know ing whether they were actually phoning to him. Archbishop Beran for some months has fought against a gov ernment campaign to take over schools and abolish church pa pers. In recent weeks he has sent out a number of cleriral letters breathing defiance of govern ment decrees involving the church-slate conflict. In one message he hinted that excom munication would be Imposed l,Bjn,t "collaborators The government's cry against the Catholic heirarchy is that the Vatican Interferes with lotiecnosiovaa sovereignly. Recess Taken Until Monday With Agreement Near Paris, June 17 ( The Big Four foreign ministers hart stretched their unofficial dead line to make' another etab at reaching accords on a snarled up Austrian independence treaty and a German trade pact. Deadlocked early today after a gruelling series of 11th hour sessions, the ministers recessed until Sunday and set still an other meeting for Monday. The parley had been expected to end last night. Informed observers said agreement on the German ques tion seems near. They said the issue has boiled down to east west differences of principle. Hope for some sort of agree ment was bolstered by the fact that the ministers extended their meetings. Trade and Transport The German question hinges on a trade and transport accord, over which the ministers have been wrangling for days. The situation has been com plicated by the four-week-old Berlin rail strike, which is still on. The Austrian treaty promises to be a long, arduous task. Even if the ministers settle their Austrian differences, the pact would take some months to write. Probably it would not be ready for signature until fall, when the ministers are report ed planning to reconvene in New York. Austrian Treaty Fends An Austrian treaty might widen the gulf between Russia and Yugoslavia's Premier Mar shall Tito. Tito's government has put forth several war claims on Austria, which Russia In the past has backed. If the treaty is signed, Russian will have with drawn that backing. The west believes this would move Tito closer towards them in an economic sense at least. Furthermore, the Austrian treaty would help stabilise the overall European situation by relaxing tension. This would enable the countries of western Europe to concentrate more on economic recovery than on mili tary preparedness. The west thinks economic health in their part of Europe is the best pos sible antidote to communism. Governor's Day At Fort Lewis Fort Lewis. June 17 () A combined ground and air dis play of Oregon and Washing ton's national guard strength will be exhibited here tomorrow at the annual Governor's Day parade. Both stales will be represent ed by acting governors as the 4.500 men of the 41st infantry division march in review at 2 p.m. on Gray field. Oregon will have William Walsh, Coos Bay, K"J? l f ?T" """in Lt- Gov- Victor A. Meyers will Meyers will represent Washington. Their "bosses" are In Washington, DC, for the governor's confer ence. In addition to the troops un der command of Maj. Gen. Wil liam R raFrrtii Am .....j area will salute the field, first in squadron and then "step- down" show formation. Foot troops will open the re riew, followed by the F-51 fighter planes of Portland's 123rd and Spokane's 116th fighter squadrons. Light planes and mechanized units of the ground forces will conclude the show. Operation Resumed By Ratzlaff Line Pacific Coast Lines, operated by John Ratzlaff, resumed oper ations Friday between Salem and Newport. The first trip west left on schedule at 7 a m. and the re turn here was scheduled for 12 20 p m. (daylight time). Tha second trip will leave here at 4 p.m. and return at 9:15 p.m. Leaving times from Newport to Salem are 9:45 a.m. and 6:40 p.m. Sales Policy for 0&C Lands Approved The Salem district advisory board for O & C lands approved the new sales policy for public domain timber here yesterday. Under the plan parrels of timber that will go up for sale in each year will be given wide publicity every December, so that lumbermen may plan their operalions. It is designed to give mora lumbermen a chance to bid on government timber.