v
f
Weather
Force Mti Snndty, noitly clear
with spotty local fog! In ihm
morning'
Temp.
Highest yesterday ...... 51
Lowest this morning 22
PredptaiUon ,
Thirty ninth Year
m aiiiw m hm
. ; - I : : : ' .
k FR LACKS POWER
L DECIS!
Chicago
Hands
Federal Judge
Down Ruling-
Government To Appeal
Chicago, Jan. 27 U.F9 Fed
eral District Judge Philip L.
Sullivan, in a decision vitally af
fecting the handling of wartime
labor controversies, ruled today
that President Roosevelt was
without authority to seize pos
session of Montgomery Ward and
company properties.
The decision was so far-reaching
that at Washington chairman
William H. Davis of 'the War
Labor Board said that unless it
is reversed by a higher court or
unless congress takes action to
make WLB orders enforceable
the ruling will collapse the
whole plan of peaceful settle
ment of wartime labor disputes.
Judge Sullivan, who was ap
pointed to the federal bench by
President Roosevelt 11 years
ago, said in his decision:
"I am of the opinion that the
president was without authority,
either under Section 3 of the
War Labor Disputes Act, or un
der the war powers conferred
upon him by the constitution as
commander in chief of the army
and navy to take possession of
the plants and facilities of Mont-
eomery Ward ana company."
The judge gave his opinion in
denying the government's peti
tion for an injunction to prevent
Ward officials from interfering
with the army's operation of 16
Ward plants seized in seven cit
ies. The DroDerties. were tanen
over Dec. 28 under the order of
the president for failure to com
ply with a War Labor Board or
der. Judge Sullivan also denied
the government's request for a
judgment declaring ,the seizure
was legal.
The government moved imme
diately for an appeal, u. s. uis
trict Attorney J. Albert Woll
said the appeal would be taken
before the U S. Circuit Court of
Appeals in Chicago Monday or
' Tuesday and would be presented
in the U. S. Supreme Court
within a month.
Meanwhile, the army will con-
Jlnue to operate the seized prop-
' erties until the Mgn courts gives
a final decision. Judge Sullivan
entered an order maintaining the
rieht to " continue in
charge until the case finally is
settled.
"The War Labor Disputes' Act
authorizes tne president to seize
a plant or facility only when it
is equipped to produce articles
nppessarv or useful in the war
effort," Judge Sullivan said, re
ferring to company claims that
Wards is engaged in nwuiuuuuu
nnlv.
The jurist ruled that he was
unable to find that "distribu
tion" and "production" were the
aina thinir savins that the gov-
mmi'i contention did not
instifv "aDDlication of the term
to facilities whose sole business
is that of retail sale ano aistri-
"Those plants and facilities
may not be seized by the presi
dent simply because ai same iu
fiir. time, on account of the ex-
istence of a labor dispute be-
, rn it and Its employes, Mont-
snmerv Ward may not be able to
deliver supplies deemed neces
sary or useful to the war effort,
Qnllivnn said.
Turning to the constitutional
Issues raised by the company, the
lnriffe said:
rho .nntltutional euaran
tees that protect the sacred
i.hte lihprties and property of
citizens, from the
hmhiot to the most exalted.
.ni remain inviolate. These
rights may not be transgressed
with impunity nor do uisi:is
"I believe It is not too much
4 o-rnort that for the ouraiioii
employers, employes and unions
should make a determined effort
tn adiust their labor disagree
ments without resorting to
strikes and lockouts."
Gold Hill. Jan. 28 Gold HIU
I branch of the Jackson County
" Health association will meet at
the home of Mrs. Norman Gall,
Riverside Colony. Feb. 8. The
meeting Is scheduled for 1 p. m.
and a large attendance is de-sireM.
Medfokd
United Press Full
Breakthrough on Berlin Road
COIIUG iJ Cjp&Jlki"V if- g , V
Prussia V El yi El X
JTKSd: If Poland)
Soviet spearheads knifed to within 84 miles of Berlin In oreatttnrough
beyond besieged Poznan and almost reached Germany's Brandenburg
province. The second breakthrough came near Polish border town ot
Zbaszyn, south of Poznan and only 97 miles from Berlin. The Nazi high
command was reported throwing Its last reserves into the battle in an
all-or-nothing gamble to turn back the Red Army invaders.
HALSEYS ATTACKS
NETS 100 SHIPS
479 PLANES
Japs Suffer Most Destruc
tive Loss of War Adm.
Nimitz Reveals ;
U. S. Pacific Fleet Headquar
ters, Pearl Harbor, Jan. 27 U.R)
Carrier Aircraft of Adm. Wil
liam F. Halsey's hard-hitting
third fleet destroyed or damaged
100 Japanese ships and small
craft and 479 planes at Formosa
and Okinawa Jlma last Satur
day and Sunday in one of the
F--t's most destructive assaults
In the Pacific war, it was
nounced tonight.
More than 128,000 tons of
Japanese shipping, Including 30
enemy vessels, was sunk or dam
aged at Formosa in Saturday s
strike and 311 Japanese planes
were destroyed or damaged, a
second communique by fleet
Adirt. Chester W. Nlmltz re
vealed.
Reporting for the first time
on results of last Sunday's car
rier nlane assault on Okinawa,
northeast of Formosa, Nimitz xe-
Dorted that 29 ships were sunk
and 41 vessels damaged. In that
attack, 68 enemy planes 28 de
stroyed and 40 damaged were
added to the mounting toll of
Jaoanese air and sea losses.
The supplementary report on
the Formosa attack Jan. 20 said
that the 60.000 tons of shipping
sunk included:
Six oilers, two medium cargo
vessels previously damaged, one
medium cargo ship, two small
coastal cargo ships, four luggers
nnii one medium vessel.
Damaged ships, totalling 65,
000 tons: one large transport,
two large oilers, one large cargo
ship, three luggers, one destroy
er. two medium cargo ships
four small coastal cargo ships,
BOSS PENDERGAST
RITES T
Kansas CltV. Mo.. Jan. 27
(D.R) The body of Thomas J
Ponriersast. son of Irish lmml-
grant parents who rose to rule
a now-broken political hynasty,
lav in state tonight in a funeral
home here and high and low
alike called to pay final re-
mccts.
Services for Pendergast will
be held at 9:30 o'clock Monday
morning at the funeral chapel
and at 10 o'clock at the Visita
tion Catholic churcr with Msgr.
Thomas McDonald preaching the
sermon.
Pendergast died last night In
Menorah hospital, where he was
taken Tuesday, suffering from
an old heart ailment and a lack
of appetite which had reduced
his once stout 250 pounds to
about 150.
Umd Wlra
El
(Acme Telenhoto)
L AREA
FOE AIR LOSS 75
Washington, Jan. 27 (U.R)
A mighty sky-fleet of American
Supe rfortresses, breaking
through perhaps the heaviest
fighter opposition so far encoun
tered destroyed or. damaged
record number of 75 Jap planes
today, then successfully blasted
the Industrial area of Tokyo.
Gen. H. H. Arnold, command
ing tne global zutn autorce,
said crews of the returning B-20s
claimed 31 enemy aircraft were
definitely destroyed, 10 probab
ly destroyed and 34 others dam
aged In what was described of'
ficially as the biggest catch by
the giant bombers on a single
mission.
Five of our Superfortresses
were reported missing on the
raid, the 24th. major attack on
the Jap' homeland in seven
months. -
Once the Marianas-based Sup
erfortresses broke through the
formidable fighter defenses they
achieved "generally good" re
sults In their bombing 6f the
Tokyo industrial area, Arnold's
announcement said.
The raid's details were made
public by Arnold in a supple
ment to an earlier communique
which told of fires being started
in Tokyo by explosive and fire
bombs dropped by the B-29 fleet.
At the time the raid was car
ried out, other B-29s were strik
ing a coordinated blow at Indo
Chlna, 2,700 miles southwest of
the Japanese homeland. These
Superfortresses flew from bases
in India.
BULLETINS
Eugene, Ore., Jan. 27 U.R)
The University of Oregon wept
to its second and final victory
of the current two-game series
here tonight by defeating the
University of Washington, 84 to
51.
The victory boosted the Web
fot's margin in the northern divi
sion race to two and one-half
games, with seven wins and two
losses. A record turnout of 5.500
fans jammed into MacArthur
Court to see the hotly contested
game.
Bob Hamilton was the big gun
In the Oregon attack with 15
points, while Jorgensen and
King, with 17 and 19 points re
spectively were high for the
Huskies. i
Pullman, Wash., Jan. 27 (U.R)
The University of Idaho Van
dals tacked their sixth straight
defeat on their northern division
hoop record tonight as a fast-
breaking Washington State col
fege five game from behind for
the second successive time in the
current series to win, 43 to 37.
Berkeley, Calif., Jan. 27 U.R)
The University of California
varsity basketball team tonight
trimmed College of Pacific 54
33 on the Berkeley court, hold
ing the Tigers in check all the
way. ,
MEDFORD, OREGON, SUNDAY, JANUARY 28, 1945
Yank Tanks Within 43
MOSELLE VALLEY
E TO
E
Third and Seventh Attack-
British Gain Bring War
Plants In Range
Paris, Sunday. Jan. 28 U.ffl
Berlin broadcasts reported to
day that American forces ha'd
opened an offensive in the Mo
selle valley east of the Luxem
bourg border, striking for the
Rhine in the vicinity of the
manufacturing city of Koblenz,
70 miles away.
Berlin identified the attack
ing units as part of the U. S.
7th army, but placed the scene
of operations as "southeast of
Remich," a sector held by Lt.
Gen. George S. Patton's famous
3d army, according to allied dis
patches as late as Saturday.
The Yanks were attacking
with battalions of infantry each
supported by some 20 tanks, the
enemy broadcast said, and had
achieved some penetrations in
the area' of Butzdorf. Butzdorf
lies in the Saar basin 13 miles
southeast of Luxembourg city
and was reported captured by
3d army troops Friday in allied
reports. :
The enemy report of the Mo
selle valley drive came as British
troops plunged "fo-'a? point 13
miles Inside Germany and
brought the Rhineland factory
centers of Rheydt and Munchen
Gladbach within artillery range.
Trops on the western flank, of
the 3d army at the same time
drove to the Reich border at the
northern tip of Luxembourg
after knifing through the last
three miles of the Ardennes
bulge. -
The 7th army, which Berlin
said was attacking along the Mo
selle, had eased for the moment
the German attacks on Its east
ern flank near Haguenau and
Strasbourg as the bitterest bliz
zard of the winter whipped that
area. The 7th army was known
to have taken over the third
army's front as far west as the
Saarbruckcn area, but Patton
still was in command on the
Moselle front, according to latest
allied reports. .
The bulge became "little more
than a memory" in the, words of
a supreme headquarters spokes
man, as the 3d army slashed
through the last few pockets
west of the Germans' Dec. 16
starting line and brought up Its
own iront to within one to two
miles of the relch border at all
points.
FOR POLIO FUND
CALLED 'ILLEGAL'
Portland, Ore., Jan. 27 U.R
David Wainer, cigar store pro
prietor, was advised by the OPA
to ask customers to leave their
change from cigarette purchases
is "illegal."
Weiner had collected $800.
more than $700 above his near
est competitor, by asking cig
arette buyers to drop the change
from a quarter into the March
of Dimes milk bottle In his store.
after buying a package of cig
arettes lor 14 cents. Likewise.
he aske dfor and got the change
from a $5 bill by selling cig
arettes by tne carton.
Spencer Yates, district OPA
retail violations head, announced
mat the investigation of Wein-
er's tie-in sales would continue.
on the possibility that other vio
lations may be discovered. He
did not make the customary of-
ier to accept a voluntary con
tribution to the U. S. treasury
NEW PRODUCTS HEAD
Salem, Ore., Jan. 27 U.R)
Herbert J. Cox of Eugene has
been elected president of the
new Fjrojtry Prodifts founda
tion, it was announced today,
FAG SALE CHANGE
ONRUSHING SLAVS
ENCIRCLE POZNAN;
T
Silesian Mining Towns Fall
Nazi Trap Tightened
Counter Attacks Fail
London, Sunday, Jan. 28 (U.R)
Onrushing soviet armies yester
day encircled the great Polish
fortress city of Poznan on the
direct road to Berlin, drove to
within four miles of the east
Prussian capital of Konigsberg
and smashed within eight miles
of the border of west Prussia.
Moscow announced that Rus
sian spearheads were within 100
miles of the great German Baltic
port of Stettin and that the Vis
tula river fortress of Torun, 88
miles south of Danzig, have been
encircled and its trapped nazl
garrison was being wiped out.
Piling victory on victory, red
army forces also captured five
major Silesian mining cities
vital to Adolf Hitler's tottering
war machine and squeezed 200,-
ooo trapped nazi soldiers in east
Prussia into a pocket that was
reduced to 3,300 square miles.
Bitter enemy counted-attacks
launched in an attempt to break
out of encircled east Prussia
were. smashed with heavy losses,
Moscow said. Far to the south,
southwest of Budapest, Marshal
ueodore M. TolbUkhin's 35th
Ukrainian army shattered - all
nozi efforts' to break through to
Budapest, reganied several lost
towns and "considerably im
proved its positions." Moscow
said. . '.
Poznan,' 136 miles east of Ber
lin and 97 miles from Frankfort-on-the-Oder,
the next big city on
tne direct route to the refugee-
packed German capital, was en
circled after a four-day battle
by troops of Marshal Gregory K.
Zhukov's 1st White Russian
army. They captured the town
of Buk, 17 miles to the west and
only 122 miles east of Berlin.
This was the closest approach to
me uerman canital announced
by the soviet high command. But
Berlin broadcasts said tank van
guards already had reached the
Obra river border of Germany
and Poland and a Wllhelmstrasse
spokesman, quoted by the DNB
agency, said they had .been
checked at the river at Bent-
schen, 93 miles east of Berlin.
REGIMENTAL FLAG
TO
Headquarters. 41st Dlvltnn
Southwest Pacific. Jan. 27 (U.R)
For the first time in the Pa
cific war, the colors of a Japan
ese infantry regiment, which
Japanese troops traditionally
must defend to the last, have
been surrendered voluntarily to
an American unit.
A starved Japanese sergeant
recently walked Into the mess-
hall of the 102nd (Oregon) Infan
try o fthe 41st division on Biak
Island and handed over the
remnants of the chrysanthemum-
crested battle flag of the enemy's
zzznd regiment, 36th division.
This regiment, veteran of three
years conquest In north China
landed at Biak on Christmas day,
1943, and its Commander, Col.
Naoyuki Kuzume, boasted that
his 200 fighters and 3,800 men
some day would parade the
streets of Australian cities.
But at last count, the 222nd
Japanese regiment had eight Of
ficers and less than 90 men alive,
and these were beaten, furtive
stragglers m Bisk's jungles.
Kuzume committed Hara Kir!
but only after an elaborate cere
mony In which the center was
burned from the sacred regimen
tal colors.
Remnants of the battle flag
were entrusted to a sergeant. He
thought that If the colors were
surrendered to the Americans,
they might get back to Japan af
ter the war.
NIPS SURRENDER
Tribune
Unit. '-f Full
Ding Dong Daddy Behind Bars
P,"f9f ttS9R9
m n h n
(Acme TeUphato)
He "Just always wanted a home" and so, Francis Van Wle, the 68-year-old
Ding Dong Daddy of San Francisco's D car line, finds a temporary
home in a Los Angeles Jail cell while awaiting for police to bring him
back to San Francisco to explain the estimated total of at least 10 wives
... v be accumulated.wlthout benefit ot divorce. ; ,
... . ...'.
Los Angeles, Jan. 27 iU.fi) i
Matronly, black-haired Miss Cal-
liedonna Pearl Pullen today
told of meeting Francis Van Wie,
the; bald and street-car-driving
Casanova, and in five days reach
ing point that might - have
made her Mrs. Van Wie the
ninth except for his apprehen
sion last Thursday. ' '
Miss Pullen told of meeting
SILVER STAR TO
LI-MUM
Washington, Jan. 27 U.R)
The silver star today was award
ed to 1st Lt. Robert R. Ham
mond, of Medford, killed in ac
tion.
He is survived by his widow,
Mrs. Maxine R. Hammond, his
parents, Mr. and Mrs. R. B.
Hammond, a sister, Virginia, a
brother. Major Bruce Hammond
In the marines, and an aunt,
Mrs. Minkler, all of Medford.
The citation read:
"In Italy, on May 28, 1944
preceding a coordinated attack,
he moved Into enemy territory
and reconnoltercd approach
routes and German positions.
Shortly thereafter, he led his
machinegun platoon in the at
tack. When his company was
subjected to severe artillery and
machinegun fire he maneuvered
his platoon to a supporting posi
tion on the exposed flank. The
enemy subsequently launched
a counterattack supported by
armor. He directed accurate fire
which neutralized several hostile
machineguns, depriving the at
tacking enemy of much of its
fire support. He was killed while
working his way through his
platoon under Intense fire, dl
rectlgn and encouraging his men.
His gallantry and leadership re
flect highest credit on the arm
ed forces."
Doctors Named To
Board Of Health
Salem, Ore., Jan. 27 (U.R)
Dr. C. E, Hardwlch, of Hood
River, Dr. Thomas E. Robertson,
Portland, and Dr. Charles E.
Hunt, of Eugene, have been
named to the state board of
health, it was announced today.
Dr. Hardwlch will succeed Dr.
Thompson Coberth, of The
Dalles, whose term expired Jan
uary 15. The two others were
reappointments.
Uwd Wlf
Miles of
Van Wie last .Saturday In Fersh-
ing Square, center of Los An
geles' . downtown section and
focal point for pigeons, soap-box
orators on religion and politics
and resting place for tired peo
ple. "He was a very nice, sociable
sort of gentleman," she said. "He
took me out to dinner and to a
show that evening."
TAKE FIRM STAND
TO
Plain Talk By United States
Aide Who Threatens To
Resign
Washington, Jan. 27 (U.R)
Herbert C. Pell, former U. S
representative on the United Na
tions war crimes commission,
fears that the United States and
Great Britain will lose their
leadership among European na
tions unless they adopt a strong
policy toward nazi criminals.
'This hypothetical case Il
lustrates my point," he told the
United Press several weeks ago.
"Assume that a Czehoslovak had
two daughters who were raped
and murdered by two different
Germans. One of the Germans is
caught by the Russians, tried and
summarily hung. The other is
caught by the British or Amer
icans, given a light punishment
and then freed. To which of the
allies do you think the Czech
father will look for help, guid
ance and sympathy In the fu
ture?"
In an hour's discussion of the
war crimes problem and his
work on the commission. Pell
made it plain that unless a more
vigorous attitude was taken by
this government he would talk
frankly for ' publication and
probably resign.
He had no Intimation then
that the state department plan
ned to "fire him, even though a
month had passed since congress
turned down the appropriation
for the commission, His remarks
were released for publication to
day.
GLARING LIOHTS BLAMED
Salem, Ore., Jan. 27 (U.R)
Faulty and glaring headlights
caused many of the 19 traffic
fatajlties In Oregon during the
first 19 days of the month, Sec
retary of State Robert S. Far-
rell, Jr., reported today.
II . If I s
9
Use The
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At Small Coit
NO. 26L
Manila
FEEBLY OPPOSED
NEAR TOCAPITAL
Main Force Takes Culayo
Fall of Manila Seen As
Advance Speeds
.' Allied Headquarters, Luzon,
Sunday, Jan. 28 (U.R) Armor
ed spearheads of Maj. Gen. Rob
ert S. Beightler's 37th division
outran the main body of U. S.
troops in a race for Manila to
day and drove on past Angeles,
43 airline miles northwest of
the Philippines capital, whose
fall has not yet been reported
officially.
It appeared that the armored
patrols were meeting little if
any resistance in their drive
down highway No. 3, a situation
that was supported by the views
of many officers who expressed
doubt that the Japanese would
be able to make another serious
stand this side of the capital
city.
The dally allied war bulletin
announced that the main body
of the 37th, marching down the
road to Manila, overran Culayo
and poured on south behind the
searching armored patrols. Cul
ayo is 3Va miles northwest of
Angeles and just southwest of
Clark -Field.- ' - : -
Reports from the front said
the armored spearheads had
reached a point only 43 road
miles from Manila, v
Meanwhile, , troops of Maj.
Gen. Rapp Brush's 40th division
poured Into the hills southwest
of Clark Field and Fort Stotsen- '
burg to take on the difficult
task of cleaning out Japanese)
positions - there, while other .
forces drove against the Japa
nese In the Clark Field area it
self.
One regiment of the 40th was
sweeping westward, threatening
an estimated 5,000 Japanese m
the hills with envelopment.
Japanese artillery and mortar
fire, which fell heavily in the
area southwest of Bamban Fri
day, was slackening fast yester
day as American guns and
planes sought' out one position
after another and blasted them
into oblivion.
Grants Pass Cavemen took
command of third place In
Southern Oregon conference
play Saturday night when they
walloped Klamath Falls 28 to
18 In a rough basketball game
played at Grants Pass. Klamath
Falls moved Into cellar position
as a result of their two losses
to the Cavemen.
Many fouls were called on
both teams, according to a tele
phone message from Grants
Pass, with each team losing a
player on five personal fouls
and Grants Pass losing one for
unnecessary roughness. '
Klamath Falls plays Ashland
at Klamath Falls next Friday
and Saturday nights while
Grants Pass comes to Medford
for an Infantile paralysis bene
fit game Tuesday night.
Increase Favored
Old Age Pensions
Portland, Ore., Jan. 27 (U.R)
An increase In the old aga
pension ceiling above the pres
ent $40 limit today was endors
ed by the Oregon state public
welfare commission. G r a n t a
would be made on the basis of
physical needs under the pro
posal. There are no limits on
aid to blind and needy children.
Court Meet Bat
. Chicago, Jan. 27 U.R) Tha
seventh annual professional
world's championship basketball
tournament will be held here,
March 19-21 and 23 and 24.