Carnal. THE WEATHER HERE CLOUDY WITH intermittent rain tonight Saturday. Contin ued mild temperatures. Lowest tonight, 35; highest Saturday, 45. Mailmum yeiterrHy, 40: minimum to dftjr, S3. Total 84 -hour precipitation: .1t for month: 8:3(1; normal, 8.36. Season pre cipitation, J8.35; normal, tO.M. River heliht, S.S feet. (Report by V.S. Weather Bureau.) HOM ED1TIOI 62nd Year, No. 17 SSSfJ'SSS Salem, Oregon, Friday, January 20, 1950 (14 Pages) Price 5c Capital Serious Flood Conditions Not Expected Here Thaw and Light Rains Taking Off Snow and Ice Gradually By MARIAN LOWRY FISCHER f1 There is no serious flooding due at this time along the main stem of the Willamette or along its main tributaries despite ex pected moderate to substantial rises during the next two days, reports the weather bureau. The big run-off of water ex pected with the melting snow and moderate temperatures has been a big concern with the wel come turn to the better in the recent snow and ice wave. Any big rain storm, however, speeding up the run-off could make a different picture in a day or two, and could bring more serious local surface water troubles. Bp 3 Feet Overnight' At Salem the Willamette was up nearly three feet Friday morning, measuring 5.6 feet here. The Santiam at Jefferson was up to 8.9 feet, flood stage there being 13 feet. A moderate spill-over at Jefferson, however, is not too serious. The upper Willamette was ad vancing Friday morning, Eugene reporting a depth of 4 feet to day against a zero reading yes terday. Flood stage there is it feet, and the big concern on a Willamette valley flood comes when the area around Eugene starts reporting abnormal boosts in the river. Slushy Streets in City Downtown Salem continued to be slushy and dripping Friday as the snow continued to melt but no one was complaining, even if things were messy, most folk welcoming the warmer tem peratures and the thawing fol lowing the touch of silver thaw Thursday morning and the pile- up of frozen snow. (Concluded on Page 8, Column 6) Death Toll in Northwest 39 Portland, Ore., Jan. 20 U.R The Pacific northwest fought to day to restore transportation and oommunloation facilities shatter ed by a weird ioe storm, latest of a series of wintry blows that left 39 persons dead. Thirteen towns, Including the Columbia river port of Astoria, were cut off from the outside world by telephone as ice snap ped all lines. Linemen worked through the night and finally restored par tial communications to the city's 20.000 residents and hoped to get 'phone service to the other communities by noon. But more freezing rain was forecast for today. The storm, which left 13 Inches of ice and snow in Port- i land and a foot of slush in Puget Sound cities of Washington state, struck lust as' the Red Cross de clared northwestern Oregon and southwestern Washington a "dis aster area." The Red Cross said widespread suffering was being felt by many residents due to a week-long cold wave and a series of blizzards and sleet storms giving the area one of its worst winters in his tory. The Arctic' cold wave was tapering off, however. From its former mass covering 200,000 square miles, it had dwindled to only a fraction of its former size and strength. ' Road Conditions in Oregon Improving The Columbia River high way will be blocked by snow drifts at least until Monday, but warmer weather greatly im proved all other road conditions. The highway commission said in its 9:30 a.m. road report that chains aren't required on any highway. But it suggested that motorists have chains in their ran they plan to travel on the Sunset and Wilson river highways, or in the Pendleton and The Dalles areas. Snowplow crews are unable to move the bin drifts of tapioca snow that block the Columbia river highway between Viento and Troutdale. The roal report: Government Camp Slush, sack breaking up. Willamette Pass Spots of Ice and short section of one-way U.S. Threatens Relations Cut With Bulgaria Ultimatum Sent for Withdrawal of Recall Demand Washington, Jan. 20 VP) The United States threatened today to break diplomatic relations with Bulgaria unless that com munist country withdraws its demand for the recall of Ameri can Minister Donald R. Heath from Sofia. An American note replying to the Bulgarian recall request was ordered delivered to the Bulga rian government in Sofia. It was also handed to Dr. Peter Voutov, ranking Bulgarian diplomat here. The note described the demand for Heath's recall as simply the latest of a "series of indignities and restrictions" which have made it virtually impossible for the U.S. diplomatic mission in Sofia to carry on its duties. Series of Insults The American note added: "Accordingly, unless the Bul garian government withdraws its note of January 19 and dem onstrates its willingness to ob serve established international standards of conduct, the United States government must con clude that the Bulgarian govern ment does not desire to maintain normal relations. (Concluded on Page '5, Column 6) Flood at Crest In Mississippi Charleston, Mo., Jan. 20 VP) The flooded Mississippi river swirled to an apparent crest today a short distance upstream from this town at the edge of the threatened Birds Point - New Madrid floodway. Pre-dawn reports said the river was at a standstill' within a fraction of an inch of the pre dicted 55.4-foot crest at Cairo, 111. That is 1.6 feet short of the 57- foot stage below which army engineers said the 212-square mile spillway probably will not be flooded. Thousands of scattered ref ugees were cheered by news that the river had quit rising. They are quartered in homes and tents here, at the nearby town of East Prairie, and in an aban doned army air base at more distant Maiden. About 11,400 residents fled after the engineers warned Mon day that it might be necessary to open the front-line levee near here and flood the area. The plan was devised after the dis astrous 1937 flood to ease pres sure on Cairo and other cities along the river in case of emer gency. An estimated 600 persons re main in the floodway lowlands in this southeast Missouri area. Rescue operations continued to day. A coast guard helicopter from St. Louis joined the search for stragglers left behind in the gen eral exodus. r '' " House Defeats Korean Aid Bill Washington, Jan. 20 VP) Re publicans hung a "no-confidence" tag on the administra tion's Asiatic policies today af ter the 193 to 191 house defeat of a Korean economic aid bill. Caught by surprise, the ad ministration took its severest foreign policy blow since pre war days when 131 house repub licans joined 61 democrats and one American labor party repre sentative late yesterday to smash down the aid bill. They topped by two votes the 170 democrats and 21 republi cans who stayed in line for the measure, which the senate pass ed in the last session with little show of opposition. The bill would have authoriz ed $60,000,000 more to round out a $120,000,000 program to help southern Korea keep its economy going in the face of the communist dominated Korean regime to the north. Republicans termed the result a clear sign that members of their party and some of the de mocrats have lost confidence in the state department's handling of the cold war against commun ism in the Far East. Democrats replied tartly that election year winds are blowing. They intimated that the repub licans have turned away from the bi-partisan foreign policy. Stroble Tries to Escape Death Los Angeles, Jan. 20 VP) Fred Stroble, convicted of the murder of six-year-old Linda Joyce Glucoft, today begins his second attempt to escape the gas chamber. He goes to trial on his insanity plea before the same jury of 10 women and two men which yes terday brought in a verdict of guilty of first degree murder carrying the death penalty. "I didn't expect that," the 68-year-old former baker said in his cell. Stroble broke down briefly after the verdict was in and later he and his attorney, De puty County Public Defender Al Matthews, joined in prayer. Tries Out Iron Lung Chris Kowitz, Jr., Capital Journal reporter who has chased convicts, been a circus clown and played department store Santa Claus, adds a March of Dimes chapter to his list of adventures by spending a half-hour in an iron lung.- In top photo Kowitz is seen being put into the lung. Attending the "patient" is Mrs. Fae Lefore, 505 N. 21st street, registered nurse. at Salem Memorial hospital. In picture below,- he lies "secure" in the lung. Safeway Stores Will Appeal from Decision Safeway Stores, loser in the first round of a battle for an up state milk market centering in Salem, indicated today it. would challenge the state's milk control powers. The battle is expected to go to the state supreme court, where Safeway can question the right of the state to keep Safeway's milk out of upstate markets. Kowitz Tries Iron Lang For March of Dimes By CHRIS KOWITZ, Jr. Being in an iron lung is no fun. In fact, it's downright tough. I know. I spent a half hour inside one yesterday. No, the dreaded polio hadn't hit me. I just wanted to deter mine what it was like to feel the life-saving action of an iron lunir When I first was fastened in the huge cylinder and allowed the iron lung to take over my breathing, I thought something was wrong with the machine. Safeway lost the first round yesterday when Milk Adminis trator Thomas L. Ohlsen in Port land denied the grocery chain permission to sell its own brand of milk (Lucerne) in Salem. A spokesman for the grocery chain, Division Manager C. H. Bartlett, at once accused Ohl sen of "fostering a milk monop oly.' Ohlsen said Safeway must De kept out of the Salem market in order to protect dairies now business here. They might suffer losses, and in turn produc ers might be hurt In the end the public would suffer, Ohl sen concluded. Safeway had applied for per mission to process Salem-bought milk in its own Lucerne plant in Portland, then sell 3.8 per cent butterfat milk in paper contain ers in Salem Safeway stores at minimum prices. This drew the opposition of the big dairy cooperative asso ciation in a hearing in Portland last month Curley's dairy of Salem also opposed Saiaway, Both admitted they did not want competition from Safe way's richer milk. They have been charging a half-cent pre mium for 3.5 per cent milk in paper containers. In a statement accompanying yesterday's decision, Ohlsen in dicated he would protect upstate markets from Portland competi tion. He said distributors other than Safeway also had expressed interest in expanding to other areas. Such expansion "might have serious and far-reaching ef fects" on upstate dairies, he said. Bartlett asserted "Safeway has asked for nothing the ad ministrator has not already al lowed others to do. We fail to understand how Oregon's milk czar can let Salem-processed milk be sold on other markets but refuse to allow Salem-pro- duced milk to be resold there just because it happens our proc essing plant is in Portland. When the administrator forces Salem producers to sell their milk only to- certain Salem distributors, what is he doing but fostering a milk monopoly! There must not be enough nroasnre. I thought. Surely it can't always be this way. Sure ly my lungs are supposed to get more air than this. Surely in fantile paralysis victims don't survive this ordeal for months at a time. My torso seemed to be stretching, my lungs seemed to be collapsing. Something must be wrong . . . something must be. But nothing was wrong with the machine, Mrs. Fae Lefor, a nurse who was standing by, assured me. The pressure was right, the machine was operat ing perfectly. Everything OK. So this is It, I thought. So this is the way it feels to be in an iron lung. So this is the way polio victims are forced to live month after month. (Concluded on Paso , Column 1) 21 Vessels Fail To Free Mighty Mo Norfolk, Va., Jan. 20 (U.B The navy called off today's attempt to free the stranded battleship Missouri after 21 vessels heaved and hauled for two hours with out budging her. Twenty-one tugs and other vessels tried to loosen the stran ded Missouri at high tide, but the two hours of pulling and pushing didn't move her an inch The navy gave up until Feb. 2, when the next high tide peak is expected. New Hospital Plans Offered By Architect Tentative Proposals For First Unit of Salem General By STEPHEN A. STONE Carl Erikson, Chicago hospital architect, has submitted to the board of directors of Salem Gen eral hospital tentative plans for the first unit of the new hospital to be built with funds pledged in the Salem Hospital Development program. The unit will be a central tower and maternity wing, and the plans are being revised and will be approved by board com mittees. The cost of this unit is estimated at from $750,000 to $800,000. Federal funds of $275,000 will be available if an additional $280,000 is raised lo cally. Funds for the project are still being collected, both on pledges already made and in new dona tions. Erikson, the Chicago archi tect, is to be in Salem in a few weeks and will choose a local architect to be in charge of the project, Erikson to serve as con sultant. Obstetrical Department Milton L. Meyers, chairman of the hospital board, said the plans have been carefully re vised with an eye to having an obsterical department with maximum of efficiency. A part of this arrangement is movement of the mother-patient from ad mission to preparation room, to labor room, to delivery room and to wards according to motion-saving plan, with the mother protected from public contact at all times. (Concluded on Page 5. Column B) Truman Wins House Control Washington, Jan. 20 VP) The Truman administration today beat an effort by republicans and southern democrats to change the house rules and grab control of the legislative pro gram there. The roll call vote against changing the rules was 236 to 183. There were cheers in the house when it was announced. Before the vote, a top repub lican and a top democrat agreed that the real issue was "whether or not the entire Truman pro gram will succeed or be defeated." Rep. Leo Allen (R., 111.) put it that way. Speaker Rayburn (D., Tex.) said Allen had stated the issue correctly and shouted: '.Who won the election in 1948, anyhow?" The motion for adjournment was beaten, 225 to 160. It was almost a straight democratic-republican split. Southern demo crats, who want the rule chang ed, voted with the administra tion on this motion. Dry Friday Observed at Monmouth Monmouth, Jan. 20 Residents of this city were living like New Yorkers today, with a "dry Friday." But the Monmouth drouth is. not on a voluntary basis. The city's water main broke near its inlet at Falls City early Friday morning, shutting off Mon mouth's water supply complete ly. Crews were sent to repair the water line immediately, and ex pect to have water service re sumed by sometime Friday night. Schools which have been clos ed the entire week will reopen Monday. Hiss Held-up As U. S. Traitor Counties Get Highway Funds Counties got $1,709,708 state highway funds today. The amount is 19 per cent of state motor vehicle fees and gasoline taxes collected in the last three months of 1949. New York, Jan. 20 VP) A government prosecutor today likened Alger Hiss to Benedict Arnold, Brutus, the devil and Martin T. Manton, a federal jurist convicted of "selling jus tice." Speaking measuredly and in a deep voice. Assistant U. S. At torney Thomas F. Murphy told a federal court jury in his sum mation it should convict Hiss on the basis of "the immutable documents" in the case. Hiss, former high state de nartment official, is on trial for the second time on charges of perjury. His first trial last sum mer ended in a Jury disagree ment. Tall, mustached Murphy pointed to the piles of govern ment exhibits which tne gov ernment claims Hiss passed to Whittaker Chambers, admitted former courier for a Soviet spy ring. They don't depend on any body's memory," Murphy said, Thev have been here 11 years. No one has altered them." Hiss and his wife, Priscilla aooeared calm as Murphy ad dressed the Jury. Both the de fendant and his wife were dress- in grey, the same color they wore yesterday. Murphy recalled to the jury the Biblical story of Moses re turning from the mountain with the ten commandments and finding that his people had built a golden calf to worship. Keizer Diking Area Created A Keizer diking district was formed by an order of the Mar ion county court Friday morn ing. An election in the Keizer area will be held in about 30 days to name nine directors of the district. Chief project of the district will be the construction of a Bix foot dike, from 300 to 400 feet in length, between the Keizer revetment and Cummlngs lane. Actual planning and building of the dike itself will be done by the United States corps of engineers, who will also main tain the dike after its comple tion. The Keizer diking district, be ing organized under the Oregon diking district law, will affect over 800 acres of land in the Keizer area. The dike will be used for flood control, drainage and irrigation purposes. No opposition for the district appeared at Friday's hearing be fore the county court. Regulation of Butler Grades Held Illegal Judge Latourette Holds State Law Unconstitutional By JAMES D. OLSON A regulation on butter grades, promulgated by the state depart ment of agriculture, was declar ed unconstitutional Friday in an pinion written by Circuit Judge C. Latourette, of Clackamas ounty. The opinion was the last writ ten by Judge Latourette before his elevation of the state su preme court. He had heard oral arguments in the case here last Monday. At issue in the case was a legislative enactment directing the state department of agri culture to classify butter for re tail sale on its flavor. Ralph E. Moody, of Salem, representing the majority of but ter manufacturers of the state, filed the attack on the regula tion while the attorney general's office defended it. Federal Law Adequate Moody said that federal reg ulations on butter grades were adequate and the ruling would not in any way permit the sale of ungraded butter. It is obvious from reading the statute in question that the state department of agriculture is given a wide discretion in the classification of butter accord ing to its flavor, without any rule for its guidance in the ex ercise of such discretion." The Judge pointed out that this was in contravention with well established legal rules. Judge Laturette quoted the dictionary definition of flavor as follows: 'The quality of a substance which affects the taste, especial ly that quality which gratifies the palate; relish; zest, as, the flavor of the peach, of wine, etc.) a spicy flavor." Too Much Power "The department," Judge La tourette continued," according to the whim or caprice of its of ficers, under such an act, if con stitutional, would have the au thority to classify butter as sweet, sour, pungent, or in any other respect that the taste buds of the taster dictated." Pointing out that the legisla ture could very easily have clas sified butter itself, citing what the legislature of California had done in that regard In a statue which specifically set forth the requirements for the various grades of butter. Storm Warnings Hoisted on Coast Seattle, Jan. 20 VP) Storm warnings were raised at 7 a.m. todav along the Washington and Oregon coast from Tatoosh to Cane Blanco. The weather bu reau also ordered small crait warnings continued for the Strait of Juan De Fuca. The forecast was for south to southeast winds off the coast, reaching 35-45 miles per hour, shifting to southwest this after noon and continuing southerly 25 to 35 miles per hour tonight and Saturday. Easterly winds 25-35 miles per hour were forecast for the I Strait of Juan De Fuca. i i t - ' . i . . v . A ', ' ' i. Judge Latourette Becomes Associate Justice Chief Justice Hall S. Lusk (left) administers the oath of office Thursday to Earl C. Latoufette, circuit Judge of Oregon, who became an associate Justice of the Oregon supreme court. Wood Alcohol Kills 3 Convicts Three state prison convicts died last night from drinking wood alcohol, prison warden George Alexander said today. All were employed as cooks. They are Samuel E. Malone, 43; Edward H. Reese, 24; and Dan iel W. Rivenbark, 40. Warden Alexander said Ma lone died at 6 p.m. Thursday. Reese died at 10 p. m and Ri venbark was found dead in his cell this morning. Alexander said Reese, who was cooking for the prison hos pital, admitted taking the al cohol from the "hospital labora tory Wednesday night. Some al cohol was found in Rivcnbark's cell. Malone, serving his fourth prison term, was received at the prison from Douglas county April 27, 1948, to serve three years for forgery. Reese came from Klamath county June 18, 1949, to serve 10 years for larceny. Rivenbark, received from Jo sephine county April 16, 1949, was serving 12 years for assault and robbery while armed with a deadly weapon. Barkley Declares Senate Is Windy Washinglon, Jan. 20 (JP) Vice President Barkley has made it official: He said the senate is windy. The vice president announc ed from the presiding officer's rostrum yesterday that some how a draft of air keeps sweep ing over the seat he occupies. He said everybody who has been called on to preside in his absence has caught a cold be cause of the draft. Barkley said he wants some thing done about it. He told the architect of the capitol to look into the matter and stop the draft. traffic.