Capital jkjJosnial THE WEATHER HERE FAIR TONIGHT, becoming cloudy with few light shower. Sunday. Slightly cooler Sunday. Lowest temperature tonight, 42 degrees; highest Sunday, 70. Maximum yftfrUT, Vis minimum 4my. su. Total -ft-houi prtripilillon: tor month: ; normal, M. n prriptu. lion, nrmal. 1.7. Kivcr hriht, (eet. (Rfporl fej I I. Ucatber Bu. HOME EDITION 61st Year, No. 234 Salem, Oregon, Saturday, Ocrobe. V Prica 5c Appeal Filed by Salem in Water Prevents Cut-Down City Supply From Santiam River . Last minute notice of appeal was (lied in circuit court just before noon here Saturday in the ease of Gardner Bennett, vs City of Salem, Carl Guenther and Floyd Siegmunri, watermas ter, involving the right of the city of Salem to use of waters from the North Santiam river for Ita municipal supply. Senator Allan Carson who fil ed the notice for his firm of Carson & Carson assisting Chris J. Kowitz, city attorney, in de fending the case, stated that the notice would serve as a stay of proceedings in the permanent injunction against the city from using an excess of waters over its priorities as determined by the court. Senator Carson said that as a matter of fact, the injunction against the city does not become effective under the decree of Judge Charles Combs of Lake view until 12:01 Sunday morn ing as, he stated, the decree reads that the injunction is in effect "from and after October 1." Under terms of the Combs de cree Floyd Siegmund, the wat ermaster for the county, would have been given control over the valves at the Stayton island Intake of the city water supply to regulate and control them in such a manner that the city would not receive in excess of 22 second feet of water. Water at Low Ebb The water supply in the river is now said to be at a low ebb and without the notice of ap peal, or Judge Combs granting an extension of time from the original date, it would have been up to him to have handled the situation accordingly. As it stands, Senator Carson stated that the injunctive pre ss are delayed until adjudi- in of the appeal. I? said it was his information - 4 the city probably intended i so ahead with the apr 1 and Ivas not merely serving the no- J&tc as a t temporary stay. 1 funnel Wreck Near Glendale . Roseburg, Oct. 1 (P) Rail traffic on the Siskiyou line was blocked last night, when a 14 car Southern Pacific freight train was derailed at 7:30 p.m. in tun nel No. 4 at Brandt, north of Glendale, said J. . Clark, local SP agent. He said the cars struck the sides of the tunnel, ripping down timbers and tearing up 200 feet of track. The locomotive was turned over on its side. No one was injured. The northbound freight was unofficially known as the "East Cantonment," said Clark. Relief trains (wreckers) were dispatched from Ashland to work at the south end of the tun nel, and from Eugene, to work the north end of the tunnel. Train 330, northbound Ash-land-Portland train, was held up at Grants Pass, and train 329, southbound Portland Ashland train, was turned around at Roseburg this morning. Passengers were transferred between here and Grants Pass by Greyhound busses, while mail and express was transported by Pacific Motor Trucking compa ny. .Chief Dispatcher V. N. Fields, lugene. said that the freight had a total of 70 cars, the en gine and first 14 cars being all derailed. A car jacknifed in the tunnel punching a hole through the roof and causing dirt and boulders to pour into the open ing. Smith of Dallas Heads Cities League Portland. Oct. 1 The may or of Dallas, Hollis S. Smith. was elected president of the Lea cue of Oregon Cities today, succeeding George W. Peavy offor such purpose are inadequate j Corvallis. j to complete an overall road lm- stated that "the petitions are not As the league wound up its 1 provement program: that there-, to be treated lightly and the re annual session today, it also,fore It would be unfair to the monstrators are building up a named Mayor Morris Milbank. i citizens of the county at large to i good case for themselves." Grants Pass, as ice president and City Manager Oren L. King.' new right-of-way in order to re Eugene, as treasurer. New direc- locate this portion of the Salem tors are Mayor R. L. Elfstrom .' Silverton road in view of the ad Salem; Mayor George W. Peavy.lequacy of the present location. Corvallis: Citv Manager C. V "We wish to point out furth- signor. pennieton: mm nayor noncri a. inompsun, rt.amain rails. Ho Progress In Parley Here On Barge War McKay Meets CIO and The Dalles Officials In Secret Meet By JAMES D. OLSON At the conclusion of a closed two-hour session Friday on the "hot" pineapple situation at The Dalles, called by Gov, Douglas McKay, it was announced "that absolutely nothing had been ac complished." Attending the secret session were high CIO officials, repre sentalives of the city of The Dalles and an attorney for the Hawaiian Pineapple company. harly in the day newsmen had been urged by the governor to attend the conference, McKay saying. "I want you there be cause I want the people of Ore gon to know what I say when I tell them off." But instead of sitting in on the session, the newsmen cool ed their heels in the executive reception room for two hours, along with H. G. Maison, super intendent of state police, and Harry Dorman, state budget di rector. These two officials were sent to The Dalles by the gov ernor after Wednesday's out burst between union pickets and non-union longshoremen. Shortly after 5 p.m. Friday the conference began at 3 p.m. the newspapermen were in vited into the conference room where they heard Gov. McKay say: (Concluded on Pag. 5, Column 4) 6 Break Jail Af Roseburg Roseburg, Oct. 1 W Six pri soners beat up the Douglas coun ty jailer last night, locked his wife in a cell and escaped. Two of them were recaptured. No trace of the others has been found although road blocks were set up within minutes of the escape. Jailer Walter Wilson said he was tricked into opening the door of the cell that held the six on the fourth floor of the coun ty courthouse. They rushed him, pummeled and kicked him down to the floor, then bound and gagged him. Wilson's wife, who heard the commotion and ran into the hallway from their nearby apartment, was grabbed and locked up. Then the prisoners used office keys to get to the elevator, which they rode to the ground floor. Mrs. Wilson said she asked four girls in a cell for Juveniles to call for help. Deputy Sheriff Ira Byrd heard their screams and responded. The six who escaped: Larry Leslie Kerstine, 18, Roseburg, charged with being a parole vi olator; Willie Welton Hughes, 49, and his son, Carol Welton Hughes, 19, both of Pittsburg, Calif., accused of auto theft; Quenlin Cecil Wilbur, 30, Gar diner, M., charged with auto theft; Lee Thomas Clayton, 49, Sutherlin, accused of arson; and Chester William Clark, 50, Stockton, Calif., charged with assault with intent to kill. New Protest Filed on Silverton Road Plans By DON UPJOHN Opposition to the proposed new routing of the Salem-Silverton federal aid improvement has boiled up again with submission of opposing petitions to the county court carrying 353 names. Declaring that they remonstrate against proposed relocation of tht road from Steffen corner to Silverton the remonstrators direct the attention of the court "to the fact that the existing Sary to maintain the old portion, right-of-way is sufficiently sub-land therefore, Marion county iect to widening and general lm- taxpayers would unnecessarily provement so as to provide and be burdened with the expense of maintain a safe and efficient maintaining two roads whe the highway at a minimum of ex-j existing one is sufficient. We, pense. therefore petition our honora- "Yovir attention is further di-jble court to proceed immediate rected." they continue, "to the,ly with the Improvement of the fact that the county road sys-j present course of the Silverton tern throughout Marion county is : road." generally in need of great im- Two members of the county provement and potential fundsjeourt were absent Saturday but for such purpose are inadequate County Judge Grant Murphy incur the expense of obtaining rr. me remonsiraiors n sn:a h;i;iivmv m n-iijiAiru n ipioptted, it (till will b necei-1 B-1 7 Crashes in Storm, 10 Killed Raton, N. M., Oct. 1 m An air force B-17 plane flew into the top of a mesa in a storm near the Colorado-New Mexico border last night and killed all 10 men aboard. James B. Barber, editor of the Raton Range, said the plane had been identified as an air rescue craft from Biggs Air Base, El Paso, Tex. . - : The plane had been missing since 5:42 p.m. yesterday en- route from Biggs to Lowry field at Denver. The wreckage was located by an air rescue plane about the same time as two ranchers found it and reported to Mary Bar tolino Black, owner of the moun tain pasture where the snip crashed. Barber reported the plane crashed about 6:15 p.m. Barber, who visited the scene, reported the wreckage was atop 9500 foot Lynwood mesa, seven miles north of Raton. The plane lacked only 150 feet of clearing the gently sloping table land and hit a quarter mile north of the rim. Wreckage was scattered over 400 yards. Only the tail section remained intact. Judge MacKay Dies Condon, Ore., Oct 10 Wi D. N. MacKay, circuit judge of Gil liam, Sherman and Wheeler counties, died at his home here last night. MacKay had been circuit judge here since 1944. when the late Governor Earl Snell appointed him to fill a vacancy on the bench. County Judge Grant However, speaking of the pro posed new route he said in his opinion the one selected by the engineers provides the best en trance to Silverton. furnishes a Junction with the Cascade high- way. is the only one providing a jocation for an ovepafcS (Concluded rag i, toluma IMuntil police began Investigating i r, :r: . i -- I U - .at. New Leather Jackets for Cycle Cops The Salem police department's six motorcycle patrolmen are equipped with new leather jackets, and in the picture are three of them. From left, Orrin O. White, Richard C. Boeliriniier, and Jack R. Creasy. They are holding in their hands the lucky rabbit's foot that was attached to each jacket when received. District Attorney to Probe Hopkins' Death District Attorney E. O. Stadter announced Saturday that he was holding the investigation into the death of Brakeman Ken neth W. Hopkins open to check for possible criminal action. "We don't have a particle of evidence to support any criminal action at the present time," Stadter said. "But I don't regard $3,843,495.34 9 Mos. Building Salem building permits for the first, second and third quar ters of 1949 - totaled $3,843,- 495.34, records at City hall showed Saturday. This was $2,848,951.66 under the $6,692,447 of the first three quarters of 1948, which is an all-time record. ' By quarters the 1949 figures are: January, February, Marcn, $752,441.65; April, May, June, $2,178,941.69; July, August, September, $912,112. Major construction in the first quarter included further devel opment of the Capitol Shopping Center, the W. R. Grasle custom cannery project at $30,000, and alterations to the Pacific Tel ephone & Telegraph building at 740 State street at $35,000. Major work of the second quarter included the First Chris tian church, $300,000; Engle- wood school remodeling, $176, 454; and Court Street Christian church completion, $61,000. In the third quarter major construction dropped. The main permits were an additional building in the Capitol Center at $30,000, and the Knights of Col umbus hall at 1520 North Cot tage at $47,500. The permits for September, just closed, totaling $298,050, included $244,400 in new work and $53,650 in alterations. Of the new work 25 permits were for new dwellings to cost $168,- 050. Russian Roulette Fatal to 10 Year Old Portland, Oct. 1 fi Two runaway boys decided to try the game of Russian roulette The result: One dead 10-year-old. The story came out yesterday after discovery of the boy's body in a grassy lot here. Detectives found he and another 10-year-old had run away from home Wednesday. The boys spent the night in the lot, and the next day one of them produced a nine-shot .22 caliber revolver. They slipped in one bullet, then began spin ning the cylinder, aiming at each other in turn and pressing the trigger. The boy who bought the gun Elvin Moraski. was shot through the heart In his first turn as the target. The other boy fled In terror and did not tell what happened 25 "-'the case ps closed. "I intend to keep It open until we check out every bit of evi dence. The district attorney went on to explain that he had asked the Salem police department to check the all-metal sledge hanr mer which was used to club the crazed rail worker into insen. sibility after an attack on the crew of the special freight in Sa lem Friday morning. "There's little hope of find ing fingerprints from the victim on the hammer by this time Alter ail, it wasn t picked up until the train reached Portland, and the police there took it. It was turned over to Salem au thorities late yesterday morn ing," Stadter said. He explained that originally, check of fingerprints might have substantiated the account of the engineer, Brent W. Camp bell, 35, to the effect that the 35-year-old brakeman had i saulted him. Stadter said that the engineer and fireman, Ben J. Mackowiac bore signs of burns and bruises from the wild battle in the en gine cab in Salem. "I don't know how the engin eer's eye wasn't burned out. His skin right below it was curled up from the burn," Stadter said. An autopsy on the body of Hopkins, performed under the direction of County Coroner Les ion W. Howell revealed that death of the man was due to 'lacerations and concussions caused by being hit on the head with the hammer." The autopsy was performed at the request of the district attorney. I t- I if 1 r;.1 1 5-fJ.r-.lr' fZZ Shutdown Freight yards of the Carnegie-Illinois steel plant in Gary, Ind , are filled with cars, hut fmnkrstncks of the huge U.S. Steel subsidiary are idle as Ihe plant shut down in strike by steclworktri. (Acm Telepholo.) Motion s Iron and Steel Milk Closed, Picketed by Strikers Major Strikes Idle Over Million All Oyer Nation (Br th Aftiociatrd PrMO The nation's idle in labor dis putes soared past the million mark today and there were in dications it would climb. The steel work stoppage add ed 513,000 more to the list of strike idle and there was no talk of early peace in the air. The coal strike accounted for anoth er 430,000 idle, in the mines and on coal carrying railroads. The White House repeated its statement of Friday that Presi dent Truman planned no further steps in the dispute. The presi dent succeeded three times in getting the strike deadline post poned. More than 100,000 other wor kers were idle in a dozen sepa rate industries. Steel and Coal Out This is the first time in the nation's history that the steel and coal workers were on strike at the same time. Getting ready to leave the strike lines were some 100.000 United Mine Workers. UMW President John L. Lewis has or dered a return to work for 80,- 000 anthracite (hard coal) min ers in eastern Pennsylvania and 22,000 miners in western stales. (Concluded on Page 5, Column 8) Atomic Group Okrs Lilienthal Washington, Oct. 1 ffl proposed report clearing the ato mic energy commission of "in credible mismanagement" char ges threw the senate-house ato mic committee into a bitter fac tional battle today. Senator Hickenloopcr (R-Ia) who made the charges several months ago against the AEC and Chairman David E. Lilienthal branded as a "whitewash" r staff - prepared draft report which said the charges "could not be proved." Hickenlooper also bluntly challenged a statement by Com mittee Chairman McMahon (D Conn) that "we need no change in the management of the ato mic energy commission. The commission is not guilty of the charges that have been levelled against it." Replied Hickenlooper1 "This is not a report at all. It was not authorized, The conclu sions never have been discussed. The investigation is not even completed." The senate-house committee wound up its public hearings into Hickonlooper'i accusations last July 11, after six weeks of sometimes fiery testimony. It then turned to a closed-door stu dy of the atomic agency's secur ity policy. The proposed report on the committee s investigation was prepared by the committee staff headed by William Borden, un der McMiihon s direction. 37 Polio Cases in '49 Portland. Oct. 1 (W Polio'p.m. he complained of not feel- cases for the year were up to a total of 37 in Portland today. following a report of three new cases in scattered sections of thcjConnrly and William R. fiurge. city. j Roseburg. Taps Sound for Last Flight of Berlin Airlift Berlin, Oct. 1 (1 It was taps for the Berlin airlift last night. The last plane of the lift, a U. S. air force C-54, carried news correspondents and coal from Frankfurt to Berlin. A band played and the Tempelhof commander, Maj. Gen. John K. Barr, hauled out the last sack of coal in the plane. That was the last act in the 15-month life of the airlift. Dur ing those 15 months the Ameri cans and the British made more than 275.000 flights over the Russian blockade into Berlin, carrying more than 2,300,000 tons into the beleaguered city. The air lift's success forced the Russians finally to back down and lift their blockade. To the end the operation was a record breaker. It had been planned to end Oct. 31, but air men kept flying in the food and supplies at such a rate that the last plane arrived yesterday, a month ahead of schedule. Army Equality Program Set-up Washington, Oct. 1 W) The army is setting up a new pro gram designed to give all Its personnel equal treatment and opportunity, regardless of race or color. The plan was announced last night by Secretary of the Army Gray, with the approval of Sec retary of Defense Johnson. The navy and air force al ready have put similar programs into eltoct in line with President Truman's order to break down discrimination in the military forces. But a plan previously submitted by the army had been turned down by Johnson. Under the program disclosed by Gray the army will not fol low the lead of the other two services in scattering its Negro personnel among white units. But, Gray said, "qualified Ne groes, including those In exist ing units, will have the oppor tunity to learn those skills pre- previously unavailable to them. Hereafter, Negroes who acquire skills will be assigned to posi tions where their specialties may be applied in the manner most useful to the army." First Deathof '49 Deer Hunt Season Lakeview, Oct. 1 (&) Ore gon a first 1 949 deer season death by heart attack occur red last night on the eve of the season's opening. The victim was identified by Coroner Everett Osterman as Walter Cobb, about 74, of Rose burg. Last hunting season three men from the western Oregon low country succumbed to heart attacks in Lake county's high altitude. Cobb made camp with com nfihinns nt 1(1 am. vesterdav in th i)r:ike' Penk area At S ing well, and 5icinds later fell Jdead. His companions were C. A. Tiller. Onkl;ind, Ore., L. B. Crippling Blow To U. S, Industry Seen in Walkout Pittsburgh, Oct. 1 If, ,v strike by a half-million CIO united steelworkers todav shut down Iron and steel mills from coast to coast. The free pension and insur ance walkout dealt a crippling blow to American industry. Cou pled with the two week old coal mine strike, it threatens to dis rupt American economy. Picket lines at mill gates in 27 states generally were small and quiet in the first nation wide steel strike since 1948. Plant gates in Pittsburgh, Detroit and Cleveland were circled bv pick et lines which dwindled to mere handfuls several hours after the strike began at 12:01 a.m., east ern standard time. Soup Sign Placed. A restaurant man in Lorain. O., whose establishment is near a giant plant of the National Tube company, posted this sign a window: "Large bowl of soup, for du ration of strike, one cent." Supervisory workers and foremen passed through picket lines without incident. They are allowed free entrance to kc ' mill equipment in good shape tK resume work whenever thi strike ends. No violence was re ported anywhere. The strike does not apply to four steel producing companies. They are Portsmouth Steel com pany, Portsmouth, Ohio; Alle-gheny-Ludlum Steel corpora tion, Pittsburgh; Kaiser compa ny, Inc., with plants in Utah, California and Pennsylvania, and Harrisburg (Pa), Steel com pany. (Concluded on Pate 5, Column 7) Tito Denounces Red Espionage London. Oct. 1 Pxtmier Marshal Tito accused Rufssia to day of trying to infiltrate spies into the Yugoslav army and government in an effort to over throw him. . The Yugoslav leader, replying to Thursday's Soviet note scrap ping the Russia n-Yugoslav friendship treaty, charged that the Soviet government, "with diplomatic notes full of insults and threats," followed by dem onstrative troop movements in countries bordering Yugoslavia, sought to intimidate the Yugo slav people. Hungary and Poland yester day followed Russia's lead in denouncing their mutual aid ' treaties with Yugoslavia. Other Soviet satellites in the comin form are expected to take the same step soon. Tito's new note its wording mixed witli pain and anger to ward Moscow was reported " here by Tanjug. the official Yu goslav news agency. "It is well known that Soviet representatives tried to organ ize their agents within the Yu goslav government and Yugo slav army witii a view of over throwing the k-gal Yugoslav government." the note said. Russia's aim, it went on, was to exert pressure on the Yugo slav people "in order to realize its undemocratic and anti-social ambitions." Truman Sees Pageant From Yacht Deck Washington. Oct. 1 M Presi dent Truman, back from a two day trip to Missouri, turns sail or today. From the dock of the ,cht Williamsburg he planned to watch an afternoon water pag eant commemorating the 130th birthday of the Washington naval gun factory. The president arrived by plane from Kansas Citv yester day. Mr. Truman may remain aboard his yacht overnight and return to the regatta scene to watch some outboard races On Tuesday he will fly to Ft. Bragg. N.C., to witness a mass parachute drop of airborne in fantrymen and heavy shooting equipment. it V