THE WEATHER HERE PARTLY CLOUDY TONIGHT and Thursday. Little change in temperature. Lowest tonight, 30; highest Thursday, 50. Maximum yctterdaT, 41; mint mum to day, 29. Total S4-bonr precipitation: 0; for month: 1.10; normal, 1.S7. Season pre clpltatlon, 10.M; normal, 13.03. River heltht, X.t feel. (Report br U.S. Weather Burtai.) Capital Joniraal HOME EDITION 61st Year, No. 291 ff.f.ri Salem, Oregon, Wednesday, December 7, 1949 (32 Pages) Price 5c V Court Refuses Order to Stop Idanha Vote Kimmell for Second Time Denies Injunc tion Sought by Vickers By DON UPJOHN Circuit Judge Rex Kimmell for a second time has declined to use the injunctive process to stop an election December 9 on the question of incorporation of Idanha. He sustains the general de murrer to the complaint in the second case on the ground the ' complaint fails to state sufficient facts to constitute a cause of suit. In the first case he refused the injunction on the ground that the plaintiff, Edison Vick ers, was without legal capacity to sue and that it was essential for the court to acquire jurisdic tion that the suit be instituted in the name of the state by he district attorney. This was done in the second case. The court softens criticism poured onto the district attorney at the hearing because he ap peared as defense counsel in the first case and as plaintiff in the second by holding that the case was properly brought by the district attorney in the name of the state of Oregon. Fall to Show Fraud However, he holds as to the complaint itself it fails to show there was either fraud or il legality used when the county court set the date for the Idan ha election four days ahead of a similar election for the incor poration of Detroit when peti tions for. the Detroit election had been filed earlier than those for the Idanha balloting. He neither approved or dis approved the action of the coun ty court in setting the election date. But, in effect, the court held that the action in setting the election dates was a minis terial function of the county court, that it exercised it with in the limits prescribed by law, without fraud, and it is not with in the province of the circuit court under such circumstances to exercise its injunctive pow ers. (Concluded on Pair. 6. Column 8) Anniversary of Pearl Harbor (By tht Aiiocf&ted Presa) Eight years ago today, a day to remember, a day that was to live in infamy. The Japanese, whose naval fliers dealt the surprise blow at Pearl Harbor, however, weren't remembering. Nothing was done in Japan on this day to remind them. Instead, the Japanese were worrying about a "day" of their own perhaps a "Tokyo day." Many among them fear the cold war will turn hot. That, they be lieve, would inevitably involve Japan. Japan never forgets the prox imity of Russia. Now Russia says it has added atomic wea pons to its arsenal. That makes Japan shiver. In the Philippines to the south, hatred of Japan remains still strong. Filipinos cannot so soon forget the iron reign of the Japanese conqueror. The hostility is so great that the Philippines foreign office is said to have served notice on General MacArthur it could not guarantee the safety of a propos ed Japanese trade mission. The only observance of the day in the Pacific was at Pearl Harbor itself. It was a simple service, held at the sad, rusting monument to the day that thrust the United States into the worst war in his tory. That monument is the super structure of the once-proud bat tleship Arizona. It pokes from the water of the naval anchor Woodburn Youth Fined for Liquor A 19-year-old Woodburn youth, Eddie E. Kahut, was fined $25 in police court Wednesday morning for illegal possession of liquor. Two 16-year-old girls, one from Salem and the other from Mt. Angel, who were arrested with Kahut pleaded innocent to the same charge and were re teased on $25 bail each. The trio was found in ear. County Health Center in Line For Federal Aid Expect to Be Top On Priority List for Match Money County Commissioner Ed Rog ers and Dr. W. J. Stone, head of the county health department conferred this week in Portland with representatives of the Unit ed States public health depart ment in regard to a proposed health center unit for Marion county. The plan is to establish such a unit on land to be purchased from the state on D street, pro vided voters of the county give their approval to the county's share of the necessary funds at the primary election in May. Local officials returned with some tentative plans of such units as recommended by the public health service. On Priority List They also ascertained that this health center may be on top of the priority list for match mon ey from federal appropriations as it is the only health center unit, so far as known, now being dis cussed as a possibility in the state. (Concluded on Pane S, Column 7) Need of Imports Stressed bv NAM New York, Dec. 1 VP) The United States must balance its exports and imports in jig time or lose the objectives gained through spending billions of dollars for foreign aid, the Na tional Association of Manufac turers was told today. Curtis E. Calder, chairman of Electric Bond and Share Co.. a public utility holding company, said in a prepared address that he believed the United States will be forced to discontinue large scale foreign aid after 1952. He said it is obvious "we can not continue, indefinitely, to pour our national wealth and substance in unrequited ex ports." And, he added, a workable solution toward closing the for eign trade gap must be found before the European recovery program is terminated. Unless the problem is solved, he said, the United States will be faced with the disquieting al ternative of continuing foreign aid or of losing most of what it has ventured in its post-war program. The solution most compatible with the role of the United States as a creditor nation, he said, is expansion of imports. Calder spoke at the opening of the NAM'S 50th annual con gress of American Industry. Thief in Night Robs Japanese e Palace Tokyo, Dec. 7 VP) Eight years ago Emperor Hirohito was con sidered sacrosanct by the Jap anese. Today he awakened 150,000 yen ($4,166) poorer. A thief, who no longer consid ered the emperor sacred, stole the money from the imperial household account. Feather Trail Leads To Chicken Thieves Arrest A trail of chicken feathers from moulting hens provided state police with clues which led them to an apparent solution of the theft of a flock of 21 birds from a farm near Marion. Three men and two women the alleged chicken thieves were arrested Tuesday night by state by District Attorney E. O. Stad- ter charging them with burglary, not in a dwelling. The case b e g a n on the Ray Wilt farm near Marion. A total of 20 hens and one rooster were removed from a hen house at the rear of his home. But the moulting hens fluttered enough to blaze a trail to where the quintet had parked a car. Tire tracks came into play at that point to permit officers to trail and identify the get-away car. The five, residents of the Jef ferson area, were identified as Gary Alan Meredith, Leonard A. Burns. Alford V. Cureton. Sally June Meredith and De- fef 'C 111 I ' ' ' f: X ; - V &&t4 X" ' ::"?z&&t'- . wiisaaaw Half Finished Salem's Interceptor sewer job, a major construction project, was said by City Engineer J. H. Davis today to be just over 50 percent complete. At the present rate of progress he said it should be finished by the end of February, which would be some months sooner than expected. Over a mile of the heavy pipe has been laid. Laying of the 1325 feet of 72-inch pipe and 1644 feet of 66-inch pipe is all com plete, and the crew of Werner & Jeske, the contractors, is now busy with the 60-inch line which will have a length of 7779 feet. Starting at the lower end of the project on North River road where the sewage disposal plant will later be located, the line has been brought across South River road to North Commercial street, and along North Commer-i cial to South street. At South street the crew is now making a tunnel under the tracks of the Oregon Electric Railway. From that point it will continue on North Commercial to Shipping, east on Shipping to Fifth, and south on Fifth to Mill creek, where it will connect up with another unit of the job which was pushed ahead make possible the building the new bridge on Church Mill creek. North Commercial street blocked between Jefferson and River, and North Church be tween Union street and Mill creek, making traffic detours necessary. Excavations for the sewer line are being filled as the pipe is laid. Pipe manufacture is on the site by the Seattle Concrete Pipe company. officers on a complaint prepared lores Heller. Admissions were obtained in dicating that all five were impli cated in the case. The group was held at the Ma rion county jail Tuesday night and taken before Jefferson Jus tice of the Peace E. E. Howell Wednesday morning. Judge Howell ordered hear ings transferred to district court in Salem. With the uncovering of the chicken stealing, authorities hop ed the arrests would lead to a curb on activities of a similar nature which have plagued ma ny turkey ranchers of the same area. Interceptor Sewer Halt Completed Top: View northward along Commercial street from South showing excavating and laying machinery at the point of today's operation. Work has progressed from the site of the sewage disposal plant to this intersection in about 90 days. Lower: Viewing north ward along Church street from Union where work is now practically completed, including the Mill Creek tunnel, to D street. ' Cities, Counties Allotted $33 Million Road Funds By JAMES D. OLSON A total of $32,779,075.07 of highway funds have been allocated to cities and counties of the state and county roads during the past six years, according to state highway officials Wednesday. Of this amount Marion county Truman Host to Bureaucrats Key West, Fla., Dec. 7 W) President Truman's vacation party became a stag affair to day as attention was concentrat ed on the forthcoming battle in congress for key administration objectives. The president directed Lt. Col. Francis (Frenchy) Williams, pi lot of the "Independence," the White House plane, to take Mrs. Truman and his daughter, Mar garet, back to Washington. A takeoff from the Boca Chica airport, eight and a half miles front here, was scheduled for 10:30 a.m. (EST). Mr. Truman called his entire White House staff to meet at 2 p.m. (EST) for a full-scale con ference on the "State of the Un ion" budget and economic mes sages to be presented to congress in January. These messages will lay the groundwork for an election year fight for the "Fair Deal." The President, on the annl versary of Pearl Harbor, is de termined to continue the Euro pean Recovery Program, the Arms-Aid program under the At lantic Pact and other bi-partisan moves to strengthen the demo cratic front against communism. The presidential party, includ ing administrative assistants to administrative assistants, became so large that some of the lesser lights were sleeping and eating all over this naval submarine station. Hospital Sued Morgantown, W. Va., Dec. 7 UP) Mrs. Isabell Shaffer said she fell off a laboratory table and broke her leg while being X rayed for a broken arm. Her $25,000 damage suit on file in circuit court against the Monongalia General hospital contends the hospital was negll ment and that she lost about $1, 500 in wages she would ordinar ily have earned as a waitress be cause of the accident. for improvement of city streets received $1,468,311.99 and the ''city of Salem $529,658.02 during this period Under laws passed by the le gislature 19 per cent of all funds received by the state high way department must be allo cated to the counties of the state and ten per cent to cities of 5,000 population or more. The distribution of the funds to the cities and counties made on a proportionate ratio of motor vehicles registered in each city and county as com pared to total registrations of the state as a whole. The yearly distribution of highway funds to the cities and counties has steadily increased As an example, Marion county's share in the distribution has in creased from $145,062.09 in 1944 to $356,038.01 in 1949. Multnomah county's share in the fund during the six year period totaled $7,328,774.39 and the city of Portland was alio catcd $3,488,943.13 during the same period. (Concluded on Page 5, Column 6) 55,300 Listed Oregon Jobless The number of jobless persons in Oregon mounted to 55,300 this month, or 53 percent great er than a year ago. The unemployment compensa tion commission also estimated that eight percent of the state's workers are without jobs. It was up to 14 percent last February, when 93,000 persons were un employed, largely because the severe winter weather shut down the logging industry. During November, the num ber of unemployed in the Port land area increased from 20,200 to 22,900, this being the smallest percentage increase in the state. Salem has 5000 persons with out jobs, an increase of 1250 during last month. Eugene's to tal went to 4650, a gain of 600 during the month. Bids Called Portland, Ore., Dec. 7 u.R Bids for construction of three bridges and an underpass at the site of Lookout Point dam will be invited about Dec. 15, the Portland district corps of engin eers announced today. jo Hopkins of A tomic Li Tsung-Jen Here As Virtual Political Exile By SEYMOUR TOPPING San Francisco, Dec. 7 W Li Tsung-Jen, acting president of nationalist China, arrived in the United States as a virtual politi cal exile. The plain fact is that he has no safe place to go back to in China. Li said upon arrival in San Francisco last night that his ab sence from China is only tem porary. Li left again at 12:22 a.m. (3:22 EST) by chartered plane for New York's Presbyterian hospital for treatment of an ul cerated stomach. This treatment is described as his principal rea son for being in this country. Li also plans to talk to Ameri can officials presumably about aid for the nationalist cause. To Visit Truman He said he "naturally" would pay his respects to President Truman. Pan American said Li would reach New York around 3 p.m. EST today unless headwinds forced refueling in Chicago around 11:30 a.m. EST. In this case he would be an hour late In reaching his destination. (Concluded on Page 5, Column 7) Premier Yen Plans Flight , Chengtu, Dec. 7 VP Premier Yen Hsi-Shan today whittled his government to 107 men and pre pared to go over the mountains away from the approaching com munists. Streamlining of the govern ment was made necessary. Yen said, to keep it mobile. Ordi narily the Chinese Nationalist government is composed of thou sands of persons within minis tries and bureaus. Hundreds were dropped in Chungking. The exodus of officials con tinued from Chengtu, fourth Na-i tionalist capital this year. Most are going to Formosa by way of .Hainan Island, far to the southeast. Yen is expected to take his slim government forces to Sic hang in mountainous Sikang province to the west. Generalissimo Chiang Kai Shek still is in Chengtu. He is directing the nationalists and attempting to salvage something from the approaching Reds, who are within 75 miles of Chengtu. Chiang most likely will go to Formosa when he leaves here, (Hong Kor.k news reports said the Yucan provincial govern ment was preparing to abandon Kunmine and move to Tali. 430 miles northwestward). mmm IM i Hi ' Tells of Radar Shipment Former Air Force Major George Racey Jordan faces reporters across his desk in New York, as he tells of ripping secret radar equipment out of four planes bound for Russia. A fifth plane, he said, carrying the same equipment reached the Soviet Union. With Jordan, who touched off a new investigation of secret material allegedly obtained by the Soviets, is Fulton Lewis, Jr., radio commen tator (dark suit) on whose program the disclosures were made. (AP Wircphoto) c Clears Both . i General Leslie R. Groves United Nations To Act On China New York. Dec. 7 VP) The United Nations General Assem bly prepared today to take a fi nal stand on whether or not it; will pass in silence Nationalist China's charges of Soviet inter ference in Chinese internal af fairs. The Assembly has before it two proposals approved by its 59-nation political committee at Lake Success last night. One of these an American - backed resolution adopted in committee by an overwhelming 47 to 5 vote calls on the world to keep hands off China and let the Chinese settle their own troubles. The second measure, and the one on which Nationalist China now pins its hopes, would refer the whole Chinese question to1 the year-around "Little Assem bly." That body would bring in recommendations to the 1050 general assembly. Showdown on Formosa Near -Honolulu, Dec. 7 VP) Senator Ferguson (R-Mich.) said today the time for a showdown on Formosa is near. He said he was going to Wash ington "to see Louis Johnson (defense director) and lay the cards on the table." Ferguson and a party of sena tors are pausing here on a round the world trip. Ferguson visited Formosa, Chinese nationalist stronghold athwart the Ameri can defense line in the western Pacific. The Michigan senator said the United States must "secure For mosa from communist occupa tion no matter what." 'Every possible military com mander feels that way but prob ably what .will happen is this the state department will have us recognize the Chinese com munists and they will move into Formosa," Ferguson said. in? ... Wallace, Charges Neither Sought A Secrets for Russian Use Washington, Dec. 7 VP) -Lt. Gen. Leslie R. Groves testified today that neither Harry Hop kins nor Henry A. Wallace ever tried to get any atomie secrets or materials from him for the Russians. Groves, who headed the war time atomic bomb project, told house investigators that he had never, in fact, met Hopkins or had any correspondence with him. As for Wallace, Groves said. the former vice president never brought any direct pressure on him in connection with the atom ic energy project and, as far as he knows, never put on any in direct pressure. Wallace to Testify groves was a witness before congressional investigators dig ging into a story of atomic ma terials going to Russia in lend lease planes during the war and of a mysterious note signed "H. H." saying "Had a hell of a time getting these away from Groves." After getting Groves' testi mony, Rep. Walter (D., Pa.), act ing chairman, said the commit tee would give Wallace a chance to testify later. The committee broke off its hearings to hold a closed door session. Groves was dismissed as a witness. (Concluded on Page 5, Column 5) U.S. Licensed Atom Exports Washington, Dec. 7 VP) Sec retary of State Acheson said to day that the army's wartime ato mic bomb project approved gov ernment licenses for the ship ment of uranium compounds to Russia in 1943. In a news conference state ment, Acheson recalled that two export licenses were granted in March, 1943, and another in Ap ril, 1943. In November, 1943, he said, a license was granted by the board of economic warfare for shipment of 1000 grams of heavy water to the Russians. The lend-lease records now held by the department," Ache son said, "show that none of these export licenses was per mitted without approval of the Manhattan engineering district." The Manhattan engineering district was the army's name for the agency that developed the atom bomb. Acheson in effect denied char ges by former Air Force Major George Racey Jordan that sec ret state department documents had been illegally transported to Russia. "The department has no knowledge," he said, "that any departmental documents, secret or otherwise, were made avail able to the Soviet government without proper authorization, as alleged by Mr. Jordan." Global Anti-Red Labor Organize London, Dec. 7 VP) Leaders of 50,000,000 anti-communist trade union workers in 53 coun tries including the U. S. formal ly organized the International Confederation of Free Trade Un ions (ICFTU) today. By a lop-sided majority, the delegates adopted a constitution pledging the confederation to fight for job security for mem bers, and for their right to work where they choose. No negative votes were cast. But leaders of the French and Belgian Christian (Catholic) workers, abstained from the vote. They did not say why. The new organization will carry the fight to communism and the World Federation of Trade Unions (WFTU). They quit the WFTU early this year because Reds controlled it. A 20-man executive board along with a president and ex ecutive secretary will be nam ed late today. Paul Finet, of Belgium, chair man of the conference which formed the new international, seemed assured of election as president. J. H. Oldenbroek, of the Neth erlands, led in speculation for tha executive secretaryship.