- Day's to
lly FRANK JICNKINB
In Hit mew that confront us lo
(Inv with our Kraut steal industry
hhut down at r moment when we
wore straining every nerve to wet
rekdy to tiolond oursohrrs If wr
Khuiild coidp Int'a ice II we can
find ANYTHING In Uie sltuallou
that makes senao.
Let's ittnrt with Judge Fine' do
olslon, In which he says;
"There Is no express grant of
power In tho conntltutlon author
i.lnir the President to direct thin
selrure. There In NO GRANT OP
POWER (rum which It (the set
rtire) can reasonably he Implied.
There In NO KNAOTMENT OF
CONGRESS authorising It."
So, lie suys, the volsuri wee Il
legal. Blnoe It In Illegal, II muni
not be allowed to aland. He lliero
Inre direct Unit the steel Industry
be hunded back to IU ownora.
The strike, which closes down the
mills, follows.
Congress, Judue Pine' went on to
aay In his decision, could pans a
Isw Immediately to protect the na
tion from this thretitoned disaster
(meaning the strike).
"But," he added. "In the absence
of audi a law I believe that the
contemplated strike If It came,
with all Its awful Msiille. would bo
!f u Injurious to the. mitaUO Uian the
I VflMurv which would flew; ,,ro1"
'"tiinoroui ludlclal recognition that
there Is some basis for thU claim
to UNLIMITED AND UNIJB.
HTRAINKQ- EXECUTIVE POW
Kit." llore, In lt larger sense, la what
Judge Pine Is aaylng to us:
"This Is a government of LAWS
nut a government ol MEN."
In the absence of law. he Is tell
till us. MEN must not be allowed
to ORDER BY DECHEE that this
or that shall be done. In that way
Ilea deapollsmaooncr or later.
That la the burden of Judgo
Pine's decision.
I hone It stands.
1 hope that when H reochc the
supreme court which Is the court
ol last resort, beyond which Uiere
In no appeal aave the appeal to
rOllCE It In upheld In clear and
plain and definite language.
There has been much talk In re
rent years that we are lending to
ard a government bv men and
away Irom government bv laws.
. It has seemed to lot of us that
ttr.la Is true. If so. It Is a DAN
GEROUS trend.
Judge Pine's decision forces the
tuue. I admire his courage In nut
ting It to the test.
hni imril mnre. I
There haa been harsh criticism
of Pre-ildent Truman for his ban
tiling or this critical and dangerous
steel situation much of II. I think,
justified.
But let S HO forget uiai unnrr
the conntltutlon congress holds both
power and renponnlblUtv that are
w.hmI in the uowors and the re-
uxmslbllltles of tho President. This
, sled situation was awn i no in mo
making. At any time during these
4 month, congress could have
Stepped In. It could have handled
the problem Itself If It thought the
I'rcsid-ttt was making a mesa of
It.
It didn't.
It chose to stand off to one side
and carp and cilllclse and DO
NOTHINO. If blame la to be Disced
upon President Trumsn tor what
hss happened, It can not be denied
that equal blame mull be placed
upon congress.
There In much tnlk lodav that
congress In going to DO BOMt
THINO about It. Whatever congress
noes now. It seems to me, will be
In the nature of locking the door
of the stable after the horse has
been stolen.
Congress has done nothing to be
proud of In this steel situation that
has suddenly become so critical
and so dangerous.
More Cities
Eye 'Daylight'
By The Aasoclaled Press
Portland went on daylight time
by council proclamation Wednes
day ana uiree otner normwesi cit
ies lined up swiftly In Uie parade.
Still others took a fresh look at
the situation which stemmed from
Oregon Gov. McKay's decision that
his state Simula not nave tarn time.
That decision was a week age
and promptly most radio stations
tied to networks went on daylight
lime anyway.
Then Industries and shops In the
state started changing their hours
to gel the added evening aayngnt
hour. :
Portland's city council Tuesday
.Tiwlalmed daylight time. It al
ready had Its 3,100 employes com
Ins lo work an hour earlier.
Roneburg, Kolso and Longvlew
city councils JJtimpcd right In and
Iho two Washington cities mndo It
effective at 3 a.m. Thursday nnu
Itoneburg nt 3 a.m. Sunday.
Tho : Oregon 8tate Orange
promptly put attorneys at work con
sidering whether the grange could
no to court to put Portlnnd back In
the standard time zone.
, In the opinion of Attorney Gen
eral George Neuner, Portland's ac
tion Is legal because It Is voluntary.
He said that Wednesday, adding
sn Individual could do anything ho
wanted to do to the hands of his
clock and presumably a corpora
tion could also,
Mnny Porthindern found the state
of daylight time an unpleasant ex
perience. . The Portland tmctlon
company didn't catch up with the
chango and there was a windy
rainstorm In progress while hun
dreds lined the curbs at bus stops,
waiting for busses that weren't op
the wny.
Gordon Btcclo, traction company
president, nald things would bo bet
tor Thursday, , v
By Thursday, some other cIlloK
woro expected to have taken their
stand on whether to go with Port
lnnd In Joining Senttlo, Olympla,
Everett and assorted others in day
light time.
Vancouver, Wash., exMcted an
afternoon decision Wednesday.
Medford, though, decided against
atiiy change In the clock. Mayor
d(L. Flynn and a committee of
businessmen recommended that
eivteryone gd to work an hour earli
er Instead.
Seizure Reversal Brings iukk Steel Shutdown
lly I I) (IlKAGII
WABIIINOTON mi Federal
Judge David A, Pine formally or
(lured the government Wednesday
to give the Million's steel mills back
Ui their owner an a wlldllre strike
cloned the billion dollar Industry
down tight.
Government lawyers Immediate
ly moved to appeal fine's action
and seek a higher court reversal of
the Judgo's ruling Uml President
Truman's April 8 selxure of the
alrel Industry lo houd off a walk
outwas Illegal.
Aotnsn the rintloii, virtually all
the OliU.000 iiiemhoiH ol tho CIO
United Bteclwnrkors ol America
were leaving their John In history t
aulckenl shutdown of the vital In
untry. Pine's formal order restraining
the government from "continuing
Iho sclr.uro and possession" ol the
steel plants came less than 3 hour ,
alter he (1) ruled Uie President's
Giant Plane
Vanishes,
50 Aboard
RIO DE JANEIRO. Braall I
One of Uie biggest air hunts ever
made in Brasll got underway
Wednesday for Uie lost Pan-Ameri
can Strstocrulnor which vanished
wllh DO persona abound Tuesday
while en route to New York.
The nearch area embraced a vast
330,000 square mile area of unex
plored Jungle, dry plateau and riv
er basins, manv of them wllh sand
barn lhat might afford suitable
landings.
Tho nine crewmen and 10 pas
sengers were Americans.
PATKOLK
Pan American oflUlsls eald 27
plane of Uie U.S. Air Force and
Navy, the Brazilian Air Force and
commercial alrllnea wore patrolling
a wild rectangular area running
4n0 miles went from Bnrrelrnn to
Xavniitinn. Uienco north to Snnlar
em on Uie Amnion and east to
Delem on the coarl.
The luxury two-deck plnne was
last heard from at 1.30 a.m. Tues
day when It made radio contact
with Barreiras. nearly MM miles
northwest of Rio de Janeiro. II
then reported its position as 340
miles went of Hnriolrnn.
The U.S. Air Force in Welling
ton announced that 17 planea, rang
ing from B-Vs to a helicopter, had
been ordered Inlo Uie search from
k.- . .... ,H D.,. DlnA tit, till Air
.Rescue Service and the Strateglo
Air Command. -..,., .
BASK
A search pane wss net up at
Brlem under Uie coordination of a
Hrnilllnn Air Force olflcer. The
I' S. force was commanded bv Mai.
Richard B. Olnev nl Ranicy Air
Bane in Puerto Rleo.
The Brazilian Air Force dtspsicn-
ed three U-I7n. a C-7 IrniiMioit
and nevern mini! n -aplnnen wmcn
would be uneful In searching along
Uie rivers.
The double-decked Boeing Blrnto-
erulner was Uie first plane of Its
kind to be reported missing. It la
powered by lour 3.ioo-nor:iepower
engines.
Cancer Unit
Leader Named
Mrs Keith OTInlr has been
named new commander of Uie
Klamath Counly Cancer Society,
replacing- Ann Laurent who re
signed when she moved sway sev
eral months ago.
Mrs. O'Hnlr has been serving an
education chairman of the cancer
fund drive that gets underway here
next week. She will serve as head
of the local group for the rest of
Uio year.
' .V. .'. uaASJW " V.,.-'. . .' V
Mi V If V- ;f '
LEAVE FOR JUAREZ Actress Shelley Winters and Ital
ian actor Viltorio Gassman pictured as they boarded a
piano in Los Angeles for El Paso, Tex., and Juarez, Mex.
Gassman hoped for a quick Mexican divorce so he and
Shelley can wed "in a few days." ,
seliure action unconstitutional and
(ill deuled what he called Truman's
claim of "unlimited and unre
strained power."
Assistant Attorney Oenoral
Holmes Muldrldge representing the
government an Wednesday's order
wan Issued, told the Judge hln ac
tion would cause "Inculculablo"
damage.
Baldrldge anked Pine, a Demo
cratic appointee of the late Frank
lin D. Ituonevelt to postpone Die
clfoctlvo date of hln glvc-back-lhe-mllltt
order. Pine reluned to do so.
With Pine's ruling the Until step
at the level of hln court wan serv
ice of the order on Hccretiiry of
Commerce Hnwyer custodian of
tho mills for the government.
Immediately linldrldgo filed no
tice Uie order would be appealed.
Presumably this will be done In
the U.S. Court of Appeals and then
taken to Uie Bupreme Court as
quickly aa possible If Uie appeals
0
Ml
Serais imb
.ai.irir'f' iisiaaaiMiaei
Pries Five Cents tt Pages
Timbermen
Deadlocked
On Issues
There was no ehsnee on the five.
Late lumber strike from this morn
ing, according to the Associated
Press hi Portland and both labor
and management representatives
here In KlnmaUi Falls.
About 40.000 lumber workern
throughout the Norihwcnt walked
olf their Jobs vcntcrduy, among
them i'ii employes .of Car-Ad-Co
I "! Kltuiuilh Baaln Pino Mills to
I Klamath Falls.
One local spokesman for the lum
her Industry nnld there were re
ports Uinl the Fir Milling and Plan-
Hug Company In Ashland had set
tled at n 7'i cenUi per hour In-
crenne with the com met extended
another vesr A similar negotlstlon
usn reported comoleled , between
the union and the Red Blanket
Lumber Company of Eagle Point
and Prospect.
In Klamath Fn!! picket linen
wero established In front of the two
mills.
(A nlory by lisle Resrbrough
backgrounding the strike Issues
In published on psge 7 today.)
Sports Bulletin
POSTPONED
Thursday's Oregon Tch
Shasta JC gam at Recrea
tion Park hat been post
poned because of threat
ening weather, Oretech
Coach Art Kirkland an
nounced early this after
noon. The game will be
played next Monday. (Early
story In Sports Section.)
Motorist Killed Mear ikmimlt
court allows the ruling to stand.
The steel companies undoubtedly
will appeal themselves If the high
er court ruling goes against them
Pine's Injunction wag a tempo
rary one, to remain In efleet
"pending a final hearing grid de
termination of the case."
At the White House Presidential
Secretary Joseph Short ssld Tru
man was keeping In "very clone
touch with the situation" but de
clined to ssy whst possible moves
were under consideration.
"Is there a speech or message
to Congress In preparation by Uie
Prenldenl?" a reporter asked.
"I can't tulk about this matter
at all," Short said.
Asked whether there mlfht be
aomethlng during the day frtin the
White House, Short ssld bo could
not answer that question.
He was asked specifically whe
ther the President might Invoke Uie
Taft-Hartley act but declined lo
-joino
KLAMATH
'yi-'isisJ'rtJ
FLOOD WATERS FROM MOUNTAINS Melting snow east of Salt Lake City, Utah,
pour along an emergency sandbag canal built along 13th South Street (above). Part
of the dike gave way, pouring a new flood into an area already under water. The make
shift canal was intended to carry water through the flood area into the Jordan River.
City workmen and volunteers are pictured as they pile sandbags along the street.
Oil Workers
Go on Strike
DENVER to About half the
nation's oil workers went on strike
Wednesdsy while localised negotia
tions conUnued in an effort to break
Uie threat to defense, industry and
transportation.
The walkout over wages and
working conditions ended months of
fruitless bargaining and govern
ment attempts at settlement.
Taking part Immediately were
dependent union members In re
fineries, pipelines and distribution
plants.
Union officials estimated 44 per
cent of the nation's refinery capac
city was cut off. They hinted u
spread of the walkout If,, a speedy
settlement Isn't reached.
Only spot shortages of gasoline
for trucks and autos threatened
immediately. Slocks are at a sea
sonal high. But Joseph A. Lentz,
Denver regional mamtger for Con
tinental Oil said If the strike con
tinues long enough, "we'll all be
walking and Uien they'll setUe it."
Railroads, anticipating tho long
threatened walkout, have stockpiled
Diesel iuci. rue smua re reported
a two - months supply; the New
York Central enough for 30 days
Industry and utilities also have
built up stocks and some are ready
to mviicn irom on lo coal.
Supervisory personnel helped
keep natural gas flowing to the
Midwest and East Const but both
were threatened with up to a 50
percent cut in gas.
The most optimistic notes came
from the West Coast. Workers were
told lo stay on their Jobs as a key
part of the Korean war offorfr. And
negotiators moved toward a com
promise on workers' original de
mands for a 25 per cent hourly
wage Increase and Improved shift
aittcrentiais.
Wind Brings
Dust Clouds
High winds closed visibility
around Klnmnth Falls to six miles
yesterday as it raised a cloud of
dust over the Bnsln, and gusts were
still rcnchlng above Uie 40-mile per
hour mark Uils morning.
The CAA reported yesterday's
wind velocities registered along the
30-mllo mark moat of the after
noon. During the night Uie wind
apparently drooned down a little.
picking up again today.
discuss this.
Top Stabilization officials told
newsmen they did not know what
the government would do nest In
sn effort to maintain steel produc
tion. Roger L. Putnam, economic stab
ilisation director, hinted there
might be a White House conference
on the situation later In the day.
But he and Price Stabilizer Ellis
Arnall both said they had not been
In touch with President Truman
on Uie matter.
Nathan Felnslnger, chairman of
the wage fitabillzatlon Board, told
reporters, "all I know Is what I
read In the papers."
With the vast steel Industry shut
ting down, the government slapped
an embargo on shipments of steel
from warehouses to producers ol
civilian goods and to foreign coun
tries. The National Production Author
ity Issued the order within two
,o ) M 1 v i i w I I y v I I w i
FALLS, OREGON, WEDNESDAY,
Candidate's
Corner
Prom now unUl Just before the
May 16 primary election, the -Herald
and News will open an
editorial page column to personal
Words of various local candidates
for public office.
The column will be called "The
Candidates Speak" and each per
son contributing Is asked to tell
a little about himself and state
his qualifications, alms and as
pirations toward the office he is
seeking. v
Contributions should be mailed
or brought to Uie Herald and
News editorial department and
should not be over 150 or 200
words In length.
Prison Riot
Chiefs Moved
' JACKSON. Mich. Wl Riot lead
ers Earl. Ward and "Crazy Jack"
yatt were removed Irom troubled
Southern Michigan prison Wednes
day for trying to Incite a new
revolt.
Warden Julian Frlsble said the
two were taken in manacles from
the prison in deepest secrecy short
ly alter miaiugnt.
"We're going to keep them out
of the way until things get quieted
down," Frlsble said.
Eight Yankee
Airmen Killed
TOKYO to Eight American
airmen were killed In two trans
port plane crashes In Southern
Japan within 12 hours, the Far
East Air Forces said Wednesday.
A C-48 transport on a routine
Investigational flight crashed Into
the rim of Mt. Aso, 550 miles
southwest of Tokyo Wednesday
morning. -Lt.
Myron F." Hancock, a heli
copter pilot from Brownstown, Ills.,
reached the scene shortly after the
crash. He said all crewmen were
dead.
A C-110 cargo transport hit a
ridge Tuesday night on an instru
ment approaoh to Ashlya Air Base
on Kyushu Island. FEAF said Its
four airmen wero killed.
Names of all ciewmon wore
withheld. '
hours of Pine's decision In a move
to conserve the supplies on hand
until It Is determined whether they
will have to be diverted from civil
ian to military use.
Outside of the courts, one further
course was open to Truman: To
Invoke the Taft-Hartley law.
Philip Murray sought to nip such
a move In advance, saying the un
ion already has complied with
Taft-Hartley provisions.
Murray declared the strike would
continue until the workers get a
contract along the lines recom
mended by the Wage Stabilization
Board.
Judge Pine strongly Indicated In
Tuesday's decision that the Presi
dent should invoke Taft-Hartley,
which requires an 80-day coollng
off period before a strike can start.
Truman has refused so far to use
the Taft-Hartley act, on the ground
that the union already at his re
questhas postponed Its strike well
nn
il
APRIL 30. 1952
Cool Weather
Slows Flood
SALT LAKE CITY to Cooler
weather halted rapid melting of
snow In Utah's mountains Wednes
day and gave hard-pressed workers
a cnance lo prepare lor new iiooa
crests later.
Many areas remained flooded,
however, and damage will be high,
in Provo, Central Utah community,
the city commission considered de
claring-a state of emergency. More
man lw residents livuig along
rrovo Kiver nave asued lor pro
tection against a flood threat.
Deer Creek reservoir at the head
of Provo Canyon is expected to
be filled to capacity within a few
days. After that Uie fuU flow of
the river will course down the can
yon. In Salt Lake City flow of aU
creeks entering the city dropped
materially.
Parleys creek, major threat to
further flooding, was flowing at a
rate far below the peak of Monday
night. Water level In Mountain Dell
reservoir dropped a foot overnight.
reducing now over the spillway
from more than 300 second feet
to only 60.
Box Company
Men Walk Out
GRANTS PASS Ifl The 100
workers at the Rogue River Box
Company plant here walked out
Tuesday morning as Uielr union.
the CIO International Woodwork
ers, struck over contract demands.
then at noon they walked back.
Morris Milbank. mayor and head
o! Uie coniDanv. Uie only malor
ciu opernuon here, said the com
pany agreed to give the workers
any benefits won by the union
when agreement finally is reached
throughout the Norlhwcst, and the
workers then returned to the Job.
Weather
Klamath Falls nnd Vlcnlty and
Northern California. Cloudy and
windy with a few showers Wed
nesday. Partly cloudy Wednesday
night and- Thursday. Nigra both
days 50, low tonight 33.
High temp yesterday .1
Low last night ....... . 41
Preclp yesterday .... 0
Since Oct. 1 ... 14.31
Normal for period 10.21
Same period last year 13.87
over 80 days.
But In the light of his declaration
that all-out production of steel must
be continued or the defense pro
gram will break down, he may have
to use the law he opposes In the
event Justice Department lawyers
fall to suspend or upset Judge
Pine's ruling.
The 60 year - old Judge, after
weighing opposing arguments since
last Friday, declared in his 14-pago
decision:
There is no express grant of
power in the constiiuUon author
izing the President to direct this
seizure. There Is no grant of power
from which it reasonably can be
implied. There Is no enactment of
Congress authorizing It."
Pine said Congress could pass a
law Immediately to "protect the
nation from this threatened disas
ter" Uie steel strike.
But In the absence of such a law
the Judge said:
Telephone 8111
No. Z807
Driver Dies
Under Car
After Upset
Death of a Prospect man about
7 pjn. Tuesday In an accident on
U.8. 97 near Chemult ended 165
days In Klamath County without
an automobile fatality. Last county
traffic fatality was on Nor. 16,
1851. - -
: Alvtn R, Kaxjala, 33, wag crushed
to .death under the rolling 1851
Hudson he was driving. A passen
ger.' Lauchlin H. McCollum. Pros
pect, was also thrown clear of the
car, but not injured, according to
state Pouce.
Witnesses told officers of the
Gilchrist patrol that the car was
traveling at a high rate of speed.
m It failed to make a left-
I hand curve, one-quarter
mile south of Chemult,
1952 skidded along the shoul
Khunatb der about 228 feet. ' - At
Fatality that point, officers stated.
the car rolled,, throwing
both men clear.
The car rolled upright, Its wheels
passing over Karjala's body.
The body wss brought to Klam
ath Falls by Kaler's ambulance to
Ward's Funeral Home.
At this time last year eight per
sons had died from auto accidents
in Klamath County, the first oc
curring Jan. 2. In 1950 four had
died in car wrecks during Uie same
period, and five in 1949.
FISH COUNT
' PORTLAND to The upstream
fish migration at Bonneville Dam:
Chinook 1,085, Jack 10, Steelhead
41.
k ry? """ i
ON THEIR WAY to get a little learning this morning,
Jknmie Watson, 529 Torrey St., and Paul Fields, 541 Mt.
Pitt St. were snapped by the Special photographer. Both
lads attend the Pelican Grade School.'
I believe that the contemplated
strike It If came, with all Its awful
results, would be less Injurious lo
the public than the Injury which,
would flow from a timorous Judi
cial recognition Uiat there la loint)
basis for this claim to unlimited
and unrestralnted executive power
Truman, In directing Secretary of
Commerne Sawyer to take over and
operate the steel mills, had said ha
was acting "by virtue of the au
thority vested in me by the con
stitution and laws of the United
States, and as commander In chief
of the armed forces."
Industry comment was alow, but
one spokesman, President Clarence
Randall of Inland Steel Co., said,
"everybody knows my position,
which was that the seizure was
entirely unlawful."
It was Randall who made the
Industry's first bitter response to
the seizure announcement early this
month.
Near Sweep
Slashes
Taft Lead
Br BELMAN MOBI.V ,
BOSTON WV-Oen. Elsenhower's
popular vote total passed the 229,- .
000 nark hi the Massachusetts
primary Wednesday, and a near
sweep of the delegate elections
virtually closed the gap between
him and Sen. Taft in their nation
wide race for the Republican
presidential nomination.
It was almost a shut-out by
Eisenhower, his most convincing
primary victory1 of any to date.
Along with his overwhelming
count in the Republican election,.'
Eisenhower also got a big Demo
cratic vote, big enough to put him
in secono. piace oemna ceo. &e
fauver. of Tennessee, the expected ,
winner.
When reporters gave him, the
figures, at an airport in Frankfurt.
Germany, the general grinned, and
saio, la inai gooa?"
OVERPOWERING'
Later in Paris, he said the results
were "an overpowering sort of
thing. It has begun to look kind of
serious."
Massachusetts bag 38 GOP con
vention votes, and Eisenhower
Wednesday has 29 of them as a,
result of 27 victories and two pre
viously allotted by agreement.
Taft won one delegate and also 1
got two by agreement. The other
six presumably will be uncommited
at the nomination convention In
July.
Elsenhower's nation - wide dele
gate total .moved up to 265 as a
result of the added delegates. Three
more for Taft put his tally at 268,
although his managers are claim
ing 305.
The figures, compiled by the
Associated Press, are based on
delegates pledged, favorable, or
publicly committed to the two
leading Republican contenders for
trie nomination. . .
DIMENSIONS
A popular vote that smashed all
records In Massachusetts put these
dimensions to Eisenhower's victo
ry:
1. His GOP write-ins alone were
more than all Uie votes cast lor
all other candidates, both Repub
lican and Democratic.
2. He was running nearly 130.000
ahead of Taft, and he bad nearly
69 per cent of the entire Republi
can vote.
3. In a number of cities and
towns, he led both the Democratic
and Republican tickets. In Boston,
Kefauver topped him by 5.835 to
5,081. He beat Taft In the capital
oy avi to 6,ii.