Salem, Oregon, Wednesday, .January, 23, 1957 New Trial in Case Ordered By High Court In two decisions made today the state supreme court reversed and remanded a case. for a new trial and denied a rehearing request by w uiaiudiii-i' company. An anneal bv the slain inHnc. trial accident commission from a judgment and 'verdict for John Dimitroff of Lincoln county was the case that was reversed and remanded lor a new trial. Award Sought Dimitroff claimed that his Dhv 6ical condition resulting from an injury had not become stationary and he demanded payment for temporary partial disability to be iouowco, Dy an award ot perma nent disability. The supreme court, in an opin ion written by Justice William Mc Allister, said a condition is con sidered stationary when it is as complete as it can be made by treatment. It said, however, the compensation specified in the state compensation act is not dependent upon the necessity for medical treatment but is conditioned upon the condition of the workman and his ability to work. Error Noted The court found that the trial court committed prejudicial error in instructing the jury that the plaintiff had no burden- of proof. But, since other questions of fact were involved, the case would have to be retried, the court said, The supreme court denied the rehearing requested by the United Insurance company in a case brought by Phillip A. LaBarge of Tilamook. It had previously ruled in favor of LaBarge in his action to recover on an indemnity policy for accidental injuries aggravated by a prior dormant arthritic condi tion. Impact Throws Passenger Out One person suffered apparently non-serious injuries when he was thrown from a car in an accident at Evergreen and Ellis streets Tuesday altcrnoon, city police re ported. Officers said cars driven by Ef fie M. Tyler, 2665 Ellis lid., and Delphia S. Bartel, 3575 Shelley St., were considerably damaged in the S: 15 p.m. collision. A. Bi Story, IU. 5, Box 105, was thrown out of one of the cars by the impact, police said. He was treated by city first aidmen for lacerations of the backs of both hands and other minor injuries and was taken to a doctor for fur ther treatment, it was reported. TODAY'S CLOSE I.Y. STOCK QUOTATIONS (By The Associated Preu) Admiral Corporation Allied Chemical Allis Chalmers Aluminum Co. America American Airlines American Can American Cyanamide American Motors American Tel. & Tel. American Tobacco Anaconda Copper Armco Steel Atchison Railroad Bethlehem Steel Boeing Airplane Co. Borg Warner Burroughs Adding Mach, California Packing Canadian Pacific Caterpillar Tractor Celanesc Corporation Chrysler Corporation Cities Service Consolidated Edison Crown Zellcrbach Curtiss Wright Douglas Aircraft duPont de Nemours Eastman Kodak Emerson Radio Ford Motor General Electric General Foods General Motors Georgia Pac Plywood Goodyear Tire International Harvester International Paper Johns Manville Kaiser Aluminum Kennecott Copper Libby, McNeill Lockheed Aircraft Locw's Incorporated Montgomery Ward , New York Central " Northern Pacific Pacific American Fish Pacific 'Gas & Electric Pacific Tel. 4 Tel. Penney (JC.) Co. Pennsylvania R.R. Tcpsi Cola Co. Philco Radio Puget Sound P 4 I Radio Corporation Rayonier Incorp. Republic Steel Revnolds Metals Richfield Oil Safeway Stores Inc. St. Regis Scott Paper Co. Sears Roebuck ic Co. Shell Oil Co. Sinclair Oil Socony-Mobile Oil Southern Pacific Standard Oil Calif. Standard Oil N.J. Studebaker Packard Swift & Company Transamerica Corp. Twentieth Century Fox L'nion Oil Company I'nion Pacific I'nited Airlines I'nitcd Aircraft Vnited Corporation Vmtod States Plywood I'nited States Steel Warner Pictures Western Union Tel. Westinghouse Air Brake VTestinghouse Electric! WofllTWtU Company 14 92 hi 34 hi R9 21 hi 41 hi 74 5 174 hi 76 hi 68 58 hi 24 7s 182 58 42 37 ', 41 hi 32 91 hi 16 66 63 h't 45 54 45 '1 8!) 3i 1B2 88 6 5 55 hi 42 hi 41 26 i 76 37 101 hi 47 42 la 118 hi 13 54 20 38 ' 31 hi 42 7. 14 49 127 hi 10 21 li 20 hi 16 i 25 hi 33 hi 30 53 54 67 66 43 59 '-2 26 81 62 hi 54 44 hi 47 57 7 38 hi 37 24 56 H 28 39 . 86 4 6 i 34 64 s. 26 "i 19 4 29 V, - 54 -e 44! Named CJ r i "" V- 'I , Edward A. (Terf) Brown, veteran Salem newspaper executive, who was named publisher of the Capital Journal Wednesday. Brown has been an advertising director of Salem newspapers for 37 years. (See story page 1) Planning Started on Fight to Control Mosquitoes in Summer By FRED ZIMMERMAN Capital Journal Writer An earlier start in the fight to control the mosquito nuisance dur ing the year is in the planning stage, reports William Hcllic, Mar ion county sanitarian. Hcllie said he is currently engaged in com piling ligures which will be in cluded in the Marion county de partment of health's budget. County Judge Rex Hartley in- Ike Re-names Summerfield WASHINGTON Wl - President Eisenhower formally nominated Arthur E. Summerfield of Michi gan Wednesday to continue as postmaster general. Eisenhower had indicated earl ier he would do so, ending spec ulation that Summerfield, a for mer chairman of the Republican National Committee, would leave the Cabinet. The postmaster generalship is the only Cabinet position requir ing confirmation by the Senate for a new term. News in Brief . Drivers Fined Two drivers earlier convicted on charges of driving while intoxicated were fined in district court Tuesday. Raymond Edmond Hart, 5620 Mc Lcod lane, was fined $200. He was convicted by a jury last week. Ralph Harold Crites, Valsetz, was fined $150. He was found guilty by the court in December. Firpmnn CnllpH Cifv firemen were called to the Roger Bailey residence, His isreyman sr., wnen a blaze started in the chimney. There was no damage, they said. Car Missing His 1951 Ford was stolen from the 2000 block of Fair grounds road Tuesday, it was re ported to city police by Kenneth L. Frank, 4805 Bailey St. Hubcaps Stolen The theft of four hubcaps from his car was report ed tb city police Tuesday night by Glen Sansburn, 730 North Lib erty St. They were taken while the car was parked near Church and Ferry streets between 7 and 10 p.m., be said. Pleads Innocent Forrest Brown Jr., 2396 North Front St., pleaded innocent in district court Wednes day to a charge of assault and bat tery. Trial is to be set. He was arrested Tuesday by sheriffs dep uties on a warrant charging him with assaulting and beating Ran som Drake. The complaint was signed by Vclma Drake. Deputies said they knew no details on the complaint. I y?3XL?nB AUTMOBILE I LSSH DR'V'NG SCHOOLS I ' iJfZSG TOWING I I jl . "Cil SERVICE lp) YELLOW PAGES Publisher dicates that the county is willing to continue its cooperation with the city of Salem in the mosquito campaign. This arrangement was in effect last year but funds for the project were not available until July. This meant that the mosquitoes had emerged from their breeding places and were feeding upon the citizenry before control measures could be initiated. HcDie says that DDT spray con tinues to be effective in connec tion with mosquito control. How ever, reports from Lane county indicate the effectiveness of this type of chemical was materially reduced during the summer and other means are being investi gated. To keep on top of the situation, says Hellie, breeding places ot the mosquito should be sprayed be fore the insects have an opportun ity to get into the air. The slough extending southward from the pa per mill was one of the princi pal breeding places in the area, said Hellie. Once the program of control got under way last year, county sani tarians remained on the job vir tually around the clock. They used various types of equipment, including fogging machines, most of it on a rental basis. Some of the equipment proved inadequate and some time was lost as a con sequence. Russell Selected Student Kotarian At South Salem Ron Russell, son of Mr. and Mrs. Ray Russell, 870 Meadow Lawn Dr., was chosen Tuesday by the South Salem student council to be student Rotarian for February. A center oh fhc Saxon basketball team, he is a 200 point scorer. He is a member of the A. A. Stagg Hi-Y and a masher for the Margaret Mead Y-Tcens. Ron plans to attend Oregon State college next year to major in en gineering. He also plans to play basketball and other sports. Arrest Made for ConcealedWeapon A 15-year-old Delias youth was certified to Polk county juvenile court Wednesday after appearing in Municipal court on a charge of carrying a concealed weapon. The youth was arrested about 11 p.m. Tuesday in the 200 block o South High street for curlew vio lation, Salem police said. At the station a knife handle was noted sticking above his belt and officers found a hunting-type knife with a six-inch blade. The boy told them he made the knife in a shop class and was taking it home. Florida Rains Cause Damage 0f$15Million By UNITED PRESS A midwinter thaw sent rivers rising to flood stage in the East today, and a 164-inch deluge of rain caused 'an estimated $15 mil lion damage in Florida. Earlier, tornadoes associated with the southern and eastern storm systems killed at least 11 persons in Oklahoma and Louis iana. Eight persons 'were killed in a twister at Cans, Okla., and three persons died in the farming com munities of Bellevue and Prince ton, La. ' Agricultural officials at Pom pano Beach, Fla., said some 25,- 000 acres ot crops in the area were under water following 24 hours ot steady rain. They said 65 to 85 per cent of the vegetables in the fields were destroyed and damage may reach $15 million. In the northeast, the swift-running French Creek reached the 57 foot flood stage at Mcadville, Pr., today and observers expected it to climb about three more feet soon. However, authorities said no ser ious flooding was expected. They said a 60-foot stage would flood streets and basements in about a five-block square area. City Employe Gets Acid Burn A city employe suffered acid burns about his eyes and face Wednesday morning when a bat tery "blew up" on him. city first aidmen reported. Keith Harris, Rt. 2, Silvcrton, a power shovel operator on a city engineer's project in West Salem, had just disconnected a battery charger from the battery on the shovel when something caused the battery to spew acid on his face. He was rushed to the nearby fire station where firemen washed his face wtih soda water. City first aidmen were called and gave further first aid treatment and Harris was taken to Salem Me morial hospital. The burns were apparently not extensive, hospital attendants said, for Harris was released to his home after treatment by his doc tor. Mary Foster Dies Tuesday Mary M. Foster, a resident of Oregon for 40 years, died in River side, Calif., Tuesday after a pro longed illness. She was born in Jasonvillo. In diana, in 1863, the daughter of a Methodist minister. She was mar ried to James P. Heath but was widowed at the age of 36. She moved her family to Salem to be near an elder son, the late Rev. C. O. Heath. She was married to J. L. Foster who died in 1916. Mrs. Foster lived in Ashland for sev eral years and then moved to Son Diego. Survivors include a daughter, Mrs. Guy Pickens, Beaumont, Calif.; 9 grandchildren, among them - Hillis and Paul Heath of Salem and Virginia Heath Russell of West Linn; II great grandchil dren. Services will be conducted 'by the Rev. George 'Norton at Wea ver Mortuary, interment in Moun tain View Cemetery, Beaumont, cant. Camellia Unit Seats Officers The installation of new officers highlighted a meeting Tuesday night of the Salem Camellia and Rhododendron society. Walter Barkus installed the officers who will serve during the next year. Guest speaker for the evening was John Henny who discussed the culture and care of rhododendrons and azaleas. He also showed color slides of flowers, some of which were taken in England. The group set April 12 and 13 as the dates for its camellia show which will be held at Meier U Frank. MITTENS FOR VICTIMS SCOTTS MILLS (Special I - The Junior Modern Woodmen sponsored a muien drive lor war victims in Hungary and Germany. They con tributed 33 pairs of mittens core Anyns TRACTION TRIADS SAWDUST OR NUTSHELL FOR MUD & SNOW FULL 95 710x15 760x15 Plus Recappable Casing ymfcA M- 1 mmMdr l'tFUST IM RUBBERl THE CAPITAL JOURNAL I II HI 1 WOODBURN I,. II. nildebrandt, left, with wife, Marjorle, was honored as (he first junior citizen of Woodburn at a banquet in St. Luke's parish ball Tuesday night. Kay Glatt, right, with his wife, Elizabeth, was chosen as senior first citizen. In center is Winton Hunt, piaster of ceremonies, lllldebrnndt wns introduced by Gilbert Ram age of the Junior Chamber of Commerce, and Glatt was introduced by Kilian Smith of the Senior Chamber of Commerce. (Capital Journal Photo by Mike Forbes) Council of Talks Liquor, Prison and Migrant Topics Discussed By JANET TUGMAN STONE Capital Journal Writer (Picture on Page 5) "We'll put what weight we have behind any progressive legislation that might arise from these meetings, but our primary purpose now is simply to give the people an opportunity to study and discuss legislation of vital concern to Christians," said Dr. Julian Keiser of Salem's First Congregational Church, chairman of legislative session seminars scheduled by the Oregon Council of'Churches. The Council, in its second day of a three day meet, will have panels on liquor legislation, mi grant legislation, prison legisla tion and educational issues. Migrant Discussion On the panel for migrant legis lation, the Rev. Myron Hall will be chairman and panelists will he Senator Walter Leth, Monmouth; Dr. Daniel Weslcr, Westminster Foundation, Corvallis and Miss Betty Whitaker, migrant director of the Oregon Council of Churches. According to Dr. Keiser, a pro posal will be made that the state look into appointing a commis sion to look into migrant needs. Dr. Wcssler, he said, has headed committee for the churches, which has made a study of mi grant areas. Of primary interest to the panel will be the living conditions o the migrant, the health and welfare and the edu cation. Liquor Discussion On the panel for discussion of liquor legislation will be Rep. Robert L. Elfstrom, formerly chairman of the Oregon Liquor Commission; Bruce Williams, past-chairman of the Commission; Dr. Titus Frazce, executive, Ore gon Temperance League and Dr. Wayne Greene, minister of the First Christian Church in Salem, moderator. According to Dr. Keiser, "We feel we need to hold the line against any freer application of liquor licenses, particularly in or around the areas where younger people are." lie said the panel will discuss present restraints and the need to keep them, among other issues. . Moderator of the prison panel will be Professor Arthur Gravatt, Willamette university. Panel members will be Senator Jean Lewis, Portland; Clair Argow, ex ecutive of the Women's Prison Council; the Rev. Rene Bozart, Gresham, past president of the Oregon Prison Association. This panel, says Dr. Keiser, is primar ily concerned about the women's building. I hey leel the lacililies are inadequate. TREADS 670x15 Tax Included Plus Kecappable Casing . . . $11.95 . . . $12.95 Full 12-Month Guarantee NO DOWN PAYMENT O.N APPROVED CREDIT 1820 s. 12th Phone EM-3-3548 Woodburn Honors First Citizens of 1 . , ; , Isparv iu- Churches Legislation Capital Punishment Opposed Also, the church groups are op posed to capital punishment. They feel, said Dr. Keiser, that it is better to work on rehabilita tion than confinement. These points will be among those brought up in discussion, he said. On educational issues the mat ter of aid to depressed school ar eas will be of importance, also special education for gifted or re tarded children. The older young sters, those not interested in com pleting their schooling will also come in for a bit of Tliscussion, according to the Rev. Keiser. On thrs panel the moderator will be Dr. George Martin, As sistant Superintendent of Secon dary Schools in Salem. Panelists will be Senator Monroe Sweet land, Milwaukie; Dr. Wesley Nic- mala, Superintendent of Special Education, Salem; Cecil Posey, executive, Oregon Education As sociation. A summary of other issues not covered in the panels will be giv en by Dr. John Rademaker, chair man of the Department ot Soci ology and Anthropology of Wil lamette university. He will cover the importance of Civil Rights legislation and legislation on fair employment practices, the pro blem of employment for the 45 to 65 year olds, the Klamath In dian situation and dissolution of the Klamath tribe, among other DENNIS THE MENACE r rfK ? w. - St "t- nr. "STOP worrvih'.dao. i haven't even decided . WHAT I'M 60NH PO WITH 'EM VET'" Ught Touch IN STARTING NEW'McCULlOCH DIRECT-DRIVE E)h4 (VotfB b plnJ m can be wlthu -- - the imootb performance of the: WcCulloch dirtct-drtvt D-44 - the only chain law that ftsrti with light touch I A touch of the choke control, an easy pull of the large rewind itarter and presto.. .the D-44 it ready to cut. For all types of woodcutting tthere a speedy, lightweight law it Called for. the D-44 is tops . . it easily otrtperf ormi tlf"t Other direct-drive nwi I ONLY $238.00 ON EASY TERMS C & S EQUIPMENT CO. Chain Saws Power Lawnmowprft, Repair and Sharpening ir Logging Supplies and Rentals 908 Edgewoter, (West) Solem, Oregon Phone EM-41541 1.H iiii win i Vii - p.. nil. Holmes Raps Fund Formula WASHINGTON W Oregon is losing 2'i million dollars a year because of "gross discrimination" by the Department of Agriculture, Gov. Robert D. Holmes said here Tuesday. Holmes said that on the accept ed formula for distribution of for est highway money, equal consid eration is to be given to acreage and value of the forests. But, he said, Oregon with 36 per cent of the value of timber cut from na tional forests, gels less than 13 per cent of the federal allotment. He said this is because "the ad ministration and its assistant sec retary of agriculture, E. L. Peter son, have done nothing to assure that current values arc considered in distribution of the funds." Holmes added that the state's Democratic members of Congress have assured him they will act lo "rectify this gross discrimina tion." Dam Licensed On Clackamas WASHINGTON W) Portland General Electric Co. Tuesday re ceived a 50-ycar license from the Power Commission for n proposed $13,300,000 North Fork hydroelec tric project in Clackamas County, Ore. Tho project on the Clackamas River will have a concrete arch dam about llto feet high and a reservoir about four miles long wilh 7,700-acre feet of usable stor age capacity. At the base of the dam will he a powerhouse wilh an expected capacily of 38,400 kil- owaus. liy Kptchnm 1956 1 wmiK mamM Holmes Back; Trip Delayed Gov, Robert D. Holmes delayed by fog in Washington, returned to Oregon early Wednesday. The governor and Mrs. Holmes attended the inauguration of Pres ident Eisenhower and intended to leave Washington early Tuesday by plane. The weather, however, kept their plane grounded. The governor said tho delay forced cancellation of two speak ing engagements in Portland and several office appointments Wed nesday. Speaker ot the House Pat Dool- ey, Portland, was acting governor in Holmes absence. Damages Asked In 2 Accidents Two damage suits involving two separate traffic accidents and in volving damages of more than $23,000 were filed in Marion coun ty circuit court Wednesday. one ot tho cases, filed by Chrys- lai Aisup against liaith McUU Christ, results from a pedestrian motor vehicle accident Dec. 22, 1955, nt tho intersection of Marion and Church streets. Tho plaintiff says sne wns sirucK Dy the de fendant's automobile while she was in the pedestrian lane. She asks total damage of $10,334.45. In the second complaint to be filed John L. Towle seeks to col lect personal injury damages irom Hernnrd A. Shanks in the sum of $12,650. The litigants were involved in a traffic accident Sept. 25, 1056, at High and Ferry streets. Kcslaurant Owner Dies in Portland Edward Kelly, 50, died this morning in a Portland hospital. He owned Kelly s Cafe, 223 Che- mekcta St. Services have not yet been set but will be announced by Howell- Edwards Funeral home. KILMERS HAVE GIRL AMITY (Spccial)-Mr. and Mrs. Alan Kilmer. of Amity announce the arrival of their first child, a seven pound six ounce daughter, .Shorn Jo born Jan. 18, at the General Hospital in McMinnville. Maternal grandparents aro Mr. and Mrs. Bert Keck of Sheridan and paternal grandparents arc Mr. and Mrs. A, II. Kilmer of Areata. Calif. ' Bacillus Cloitrldlum Corynebacterlum Staphylococcus Salmonillal Sobtilli Ptrfrlngent Diphtheria Aureus Typhoig ftycobacttrlum Candida Saccharomycal Endamoaba Tubarculoila Albicans Carlibalgtnill Hlifolytfca ONLY QUE TYPE OF ANTISEPTIC KILLS ALL TEN KINDS OF GERMS f ForcuUscratchesabrasions-falrevohtioiu ary.new painless iodine stopslinfection'fasttThis; medical discovery called JsodinelJ acts' as only iodine can kills nearly twice as many types of germs as other leading antiseptics pfiYetlsodine is safe harmless even if swallowed accidenn. tallyxDown'tlstingiorlburnonftstaimtowels,. VnemMTestedlinxlerdingthospitaUciProvetli best on' 3,971' patients. Why you should (el Isodlne today I Scientific fact Ordinary iodine loses Hcrm-killing potency deteriorates on the shelf. Other antiseptic, may Tail to protect, io infection develops. ISODINE 4S 01937 lyjiodtotl Phumacsl Corp,lDovtl DclawK 4, Section' 2 Bags 3 Water Talks ... Planned Toda, An informal meeting of the tit. izens advisory water supply com mittce and the city council has been called for 4 o'clock WedneJ- uay auernoon ac Cliy nail. H The meeting was requested bi Carroll Meeks, chairman of the advisory committee which was ap- . pointed by Mayor Robert L. Whita to make a study of the water rata structure and the application of water revenues to the projected new supply line from Staytoa Island. The committee will ask the citv council for a short-term declara tion of policy relative to supplying city water to outside areas prior io annexation to the city, which will have an important bearing on the committee's study and its later report to the council. Also the committee will make s progress report on what has been . done since it began the study about three weeks ago. To data ' the general committee, counting the meeting today, has had three ' meetings, and eight meetings have ' been held by its subcommittees that aro studying different phases ot the question. Firemen's Ball I Tickets Ready Tickets for the annual Firemen'. ball will go on sale Thursday, the mo ucparimeni announced Wednesday. Tho annual fund-raising daiic of the firemen will be held Febru ary 9 at the Crystal Gardens danc hall. Tickets will sell at $1 eachj funds raised by the dance go to such causes as donations tn charity and other departmental luni'iiuns. LEGALS NOTICE TO CREDITORS Notice Is herebv aivn thn tti. undersigned has been appoointed ai Administratrix nf th .atB GRACE H. DILLARD, deceased, In the Circuit Court for Marion Coun ty, Oregon, sitting In Probate, and has duly qualified as auch Admlnla- "VIA' "ii persona naving calima against said estate are nntifiori 4a present the same, duly verified, to m- . v uitguH nuiiaing, aaiem, Ore gon, within alx months irom th'' date of this notice. Dated and first published thli 15th day of December, 11)56. mnuuLi'iifc&wftu,, Administratrix, Estate of Grace H. Dillnrd, Deceased, jujiirtiu v.. v4L.uvr.it, Attorney. Dec.l7,24,3i,Jan.7,U ' ' ADMINISTRATOR'S NOTICE NOT1CR IS MKHKHV r.ittM a. D. J. Barbce has. bv order of th Circuit Court of tho State- of Oregon 1oJ Marlon County, been appointed ... iiiauaiwr ui me csiaw ot Myrtlfj E. Barbec, Deceased, Clerk's Regis- try No. 17.090. All persona having -claims against said estate are re quired to present them, duly veri fied, with proper vouchers to said administrator at 310 Pioneer Trust ' Building, Salem. Oregon, within atx t months from the date of this notice. ' patcd and flrst published: Jan- 7, ' D. J. BAHBEE Adminislrator of the Estate of ,rMyr"e E' Darbee. Deceased RHOTKN, ItHOTEN & SPEEIISTRA 310 Pioneer Trust Building Salem, Oregon Allnrncvs fur AHmlndii-itM Jan.7,H.21,2fl,Fch.4 ADVERTISEMENT FOR BIDS Soiled nrtiDosals for "PniimnHw Tires and Tubes" will be received by the Marion Countv Court. Hnnm itn ' Courtliouse, Snlem. Oregon, until 10:00 A.M.. on the 22nrl riav nf Jan uary, 1057, and then will be publicly opened and read. Information and specifications can be obtained from the County Engi neer, Courthouse. Salem, Oregon. Marlon County reserves tho right to reject any or all bids. MARION COUNTY COURT Adv. J. 7. K. 11 8t 14 Open: Jan. 22nd ADVERTI8MKNT FOR HID 8 Sealed nrnnosala for "Pitrninm Products" will be received by th Marion County Court, Room 110. Courthouse, Salem, Oregon, until 10:00 A.M., on the 21st dav of Jan uary, 1057, and then will be publicly opened and read. Information and aneclflratlnn. nn be obtained from the County Engi- nrcr, tnurinouse, aaiem. uregon. Marion County reserves the right to reject any or all bids. MAKIUN COUNTY COURT Adv. Jan. 7, D, 11 & 14 Open: Jan. 21st AFC Virus 1SODING fs full-potency when yon buy it gives full protection every time throw out old-style antiseptics that fail to stop infection Get 1SODINE Antiseptic. 3 Isodint