f Tawsday, February 4. 1954 THE CAPITAL JOURNAL, Salem, Oregon SECTION n Pa XI TANK RUNS WILD ..... r. ...j,- ... 1 7 Alter crushing four other unoccupied automobiles, damaging house trailer and clipping o a telephone pole, this 26-ton Army tank came to rest on top of the fifth car. The driver of the tank, Robert B. Duke, 25, of Headquarter. Company, 111th Armored Cavalry, California National Guard, swerved to miss car pulling out of a driveway on Lakewood Blvd., in Downey, Calif. No one was injured. (AP Wirephoto) Anti-Picketing Decision Causes No Surprise Gov. Paul Patterson and the Legistlature's leading con ttitutional lawyers aren't a bit surprised that Circuit Judge Orval J. Millard of Grants Pass ruled a week ago that Section 17 of the 1953 anti-picketing law is unconsti tutional. Gov. Patterson, Sen. Paul Gddes, Roseburg, chairman of the Senate Law Committee and the Legisla ture's leading constitutional law yer, and some other legislative lawyers warned that Section 17 violates the constitutional guaran tee of free speech. But the Legislature didn't listen. Of course. Judge Millard pror ably won't have the last word, as the State Supreme Court likely will hear the case on appeal. But Judge Millard's decision was based on opinions of both the U. S. and State Supreme Courts. Judge Millard kicked out Section 17 because "broad and sweeping prohibitions against peaceful pick eting cannot be sustained," which is what the higher courts have been saying all along. The 1953 anti-picketing bill was ponsored by groups o( small em ployers. It was written by the Sen ate Labor and Industries Commit tee. The heart of the bill was Section 16, which aays labor unions can't picket in order to force workers to join a union. Judge ' Millard didn't throw out Section 16. After the Senate committee ap proved the bill, it was mimeo graphed, as it was too late in the session to have it printed. This mimeographed version, however, contained Section 17, which never was approved by the committee at any meeting. Section 17 says it's illegal for a union to picket unless the union has been certified or is recognized ar the bargaining agent of a sub stantial number of the workers. Both houses passed the bill in the closing hours of the session, when all the legislators were in a hurry to get home. Section 17 apparently was insert ed in the bill after the commit tee's final meeting. The majority of the committee put it there, and the minority opponents were angry, because they didn't know Section 17 was in it until the bill reached the Senate floor. Gov. Patterson didn't like any part of the bill. He proposed merely that there be a 15-day waiting period before strikes could start When he announced his opposition, the employer lob byists and some of the legislators were angry. The governor, Geddes and some of the other lawyers reminded that In 1940, the Oregon Supreme Court threw out another anti-picketing law. That law, voted by the people In 1938, said no union could picket unless there is a bona fide labor dispute between an employer and a majority of his employes. By PAWL W. HARVEY JR. Aiiocltted Press Correspondent In that 1940 case, the high court said such a broad ban on picketing violated free speech, which is about what Judge Millard said last week. When aov. Patterson signed the 1953 biU, he said he didn't like it. But he explained that he signed it because he wanted a court test, so that the 1955 Legislature would know for sure just what picketing can be restricted. Atty. Gen. Robert Y. Thornton must have been surprised by Judge Millard's opinion. Before the governor signed the bill, Thornton ruled that the bill was constitu tional. The Legislature Is being criti cized for putting Section 17 into the law. Most of the criticism is that the Legislature shouldn't con sider such an important bill in the final log jam that always develops in the last hours of a session. The bill was lammed throuih both houses in the final hours. even though the subject had been before the Legislature for almost all of its 100-day session. Charles A. Sprague, Salem pub lisher and former governor, . also has a caustic comment. He says that the attorneys for the employ era might not be as capable as the labor lawyers. The employer lawyers, Sprague says, should have known Section 17 is unconstitutional. Middle Grove Ike Dispays Concern Over Indochina Situation WASHINGTON Oft-The Eisen hower administration showed grow ing concern today over the situa tion in Indochina, where Communist-led rebels are pressing a new assault in a war that has dragged on for eight years. President Eisenhower told his news conference yesterday he views the battle as critical in the sense uiai uicre ia aunic imhiw ui . . i , , , , . , . omhnsia.m fn- it i ir h. ,. . I shiploads and hundreds of plane- ..,:,,,i" ,,",, ,1.. r;i i loads of military aid to Indochina in Indochina. These 125, it was said, are members of the Military Aid Assistance Group (MAAG) stationed there. Eisenhower said he could, not say whether members of the Indochina group are servicing planes. But one of its jobs, he added, is in structing in air. The United States has sent S50 MIDDLE GROVE A new business for the corner of Lan caster drive and Silverton road will be the "Trailer Rental" yard of Earl Malm just east of the cor ner. The front lawn of the Leonard Malm home is being black-topped for f the business. Malm has operated the' business for the past few weeks in Sa lem since selling his station on the corner. Three Middle Grove members of the Naval Reserve station in Salem, Marvin Cage, Lewis Pat erson and Wililam Werner, are leaving Friday morning for San Diego base where they will be stationed for two weeks' train ing. This will be their first training away from the home station. The Spoon and Kettle 4-H Cooking club of boys met for their meeting Monday night at the home ot Mrs. John Cage, tneir leader. One member is tak ing cooking II, Charles Wyatt, and the demonstration in the baking of sponge cake was for his help. The other members brought custards for judging with high score in points goinig to John Anglin and Dennis Scharf. The Sugar and Spice 4-H cook ing club met Monday night with Donna Roberts. The sponge cake demonstration for this group was given by Jean Senafer and Donna Roberts. Plans were completed for the girls dinner Feb. 12. The recreation number was a piano solo by the hostess. Six girls were present, only Joyce Cham berlain being absent , Mrs. LeRoy Austin who has been a patient in the Salem Memorial hospital returned to her home Tuesday night a clarifying statement the . first such explanation of a news confer ence remark since he took office a year ago. The statement said he meant no reflection on the lndochinese who are combatting communism. It said he referred to "a number of people in Indochina who have not committed themselves to the strug gle." The President's comments came against a backdrop of reports that France, bearing the brunt of the battle for the free world, is seek ing 400 or more B26 attack bomb ers and mechanics to keep them flying. There also were repo.'ts from authoritative sources that least a dozen C119 Flying Boxcars had been'lent by the United States to the French in Indochina. In Hong Kong yesterday Civil Air Transport, an American-owned airline which grew out of the vol unteer Flying Tigers of China fame announced some of its American pilots, under contract with the French, would fly tthe U.S. -loaned C119s. There was neither denial nor confirmation from the President, the Pentagon and the State depart ment on reports that some 125 U.S. Air Force technicians are at work during the eight years of fighting. been earmarked as U.S. aid to the beleaguered French and native forces during the year which ends next June 30. Gl's Who Went to Reds Given Party PANMUNJOM Wk-Twenty one Americans who spurned their homeland for communism attend ed a Chinese New Year's party last night at Kaesong. Communist correspondent Wil fred Burchett said a number of Korean and Chinese girls attended the party, and there was plenty of Chinese wine. 'I think they will be leaving soon' for Red China, Burchett said. Fifteen anti-Communist Koreans were turned back to the Allies to day by the Indian command. They presumably wiil be handed to South Korea. They had wanted to go to America but the Indian com mand ruled out their request be cause the United States was a bel ligerent in the Korean War. There still are 12 Chinese and 74 North Koreans in Indian cus tody who do not want to go to the Communists or the Allies. There also are two pro-Communist South Koreans .who want to go to neutral states, Poison Candy Mystery Solved TAMPA, Fla. Wl The mystery of the poison candy sent to mem bers of the First Baptist Church of Lake Wales was -solved yester day with an admission from a 49-year-old housewife, wife of the church's Sunday sschool superin tendent. . i t Brought before U.S. Commission er Paul Plnkerton here, the chief concern of Mrs. Letha Delia Over ton seemed to be her husband. I don't want to hurt my hus band," she told reporters. "He is such a goodman." The only words she spoke to Commissioner Pinkerton came be tween sobs "I'm guilty." About 20 persons became vio lently ill after eating the arsenic- tainted homemade fudge, but all escaped death. Commissioner Pinkerton set bond at $2,500. Date of the trial is indefinite. 3-Time Governor I Of Colorado Dies ALAMOSA, Colo. to-WUliam H. (Billy) Adams, 92, grand old man of the Democratic party in Colo rado and the state's only three time governor, died today. He had been bedridden in his hotel room here the past several months. In early manhood, Adams was a store clerk, cowboy, teamster and hay hand. He gradually ac quired land and cattle until he became one of Colorado's most widely known cattlemen. He voluntarily retired in 1933 after serving six years as gov ernor, 38 years as state senator two years in the State House of Representatives, two years as Ala mosa mayor and two years as county commissioner. j Charcoal obtained from sugar Is almost pure carbon. DURKEE'S MAYONNAISE Four Students Are Listed for Soloists Four Willamette University music students have been named soloists for the seventh annual band tour, February. 8-12 under the direction of Maurice Bren nen. They are Herbert Brower, graduate student from Salem, tenor: Keith Mirick, junior from Mfdford, trumpet; Robert My rick, Ashland freshman, trumpet; and David DnerkJcn, Salem jun ior, trumprt. The band will give concerts In 13 mestcrn Oregon communi ties during its five-day tour. The program will feature "Con certo for Trumpet" by James, with Keith Mvrick as the soloist; "You'll Never Walk Alone." by Rodgers, with Brower as the so loist; and "Annie Laurie a la Moderne," by Leonard, with the Myncks and Doerkscn taking the lead roles. 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