EWS CLASSIFIED N EWS COVERAGE The Kmmath I Urn Klamalh Ntm to mid la very mi tion ol KlnntHtli county and nutihvrn i nlirarnla. If titer to oiucihlitK to wll, rvM or trade or If you nvni ioiitntltlng, the ) method to Uio rlnMirird aU. The Klamath .Newe u errvhed by Aaaoclat ad Prrae, 1'nllrd Preaa, News Katrrprie Associativa and McKaught Feature Hyarll eate. County coverage by ataff writers aad correspondents. Vol. 8, No 253 Price Five Cents. KLAMATH FALLS, ORE., WEDNESDAY, AUGUST 16, 1933 (Every Morning Except Mondavi N News Erf0n4MAfll ADO GANG on inc Days News Ity HUNK JKNKINS) PHKHlIiKNT MACHADO al out ol Cuba In an alrplana, tek lag nothing much with him but a pair of pajamas and, of couraa. tail LIVE. Ha lot out because tt became apparent that If b,e stayed much longer tha United Blalaa would taka a hand In Cuba', troublad affair, aa tt baa tb right to do und.r tha Piatt smeudmeot to tba Cuban constitution. a a a TT IB good riddance, go far lcuba la eoncarnad. Macbado baa baan a tyrant, and Cuba ba. had tyranta enough. If you doubt thatr taka a trip aoma time through Morro ca.Ua. which eommende tha antranca to Havana harbor, and through Ca banaa torfreee Just back of Morro. and nota tha dungoont In which tha victims of theaa tyranU were Imprisoned and Iba blank walla against which lhay warjj alood up and shot. Than aland on tha wall of Mor ro caaila from which oihar lo- ii.. vara thrown to tne euars.. Tou will coma away thankful that you live In a country whara such thlnga don't happen. a a THB United Blalaa didn't want a to Intervene In CUDan aueit. Tha Cubane didn't want the Unlt ad Siaiaa to Intervene. o ...h .nt toietber and fixed thlncs UD. It U a pity that can't ba done ftener U International allaire, TOTAL wheat production In tha United States la eetimateo or the daparlmont of agriculture on August 1 at 499.871.000 bushel, which comparaa with 738.000.000 Uat year, and an annual average production from im to 1980 of 1(1.000,000 buabela. EIGHTEEN principal producing countrlaa reporting on wheat Indicate a tolal production tola year of l.S. UMOO bushels, aa compared wim i.iu,s.iu " duced In theaa aame countrlaa laat year, and 3,098.468.000 produced in 1881. Present Indlratlona are that tba wheat crop of tha Northern Hem isphere' thta aeaion will be about S80. 000.000 buabela smaller man laat yiar'a crop, and that tha Southern Hemisphere will pro .w. about 15.000.000 busheli leaa. Ktirnna'a croo la forecast at 1.481.000.000 bushels, aa com' pared with 1.485.000,000 bushels a year ago. a a TBI story of wheat, you see, A a Hory ot amalier production the world over, with tha hlggeat dron occurring In tha United States. Thla atory of amalier produc tion baa bean reflected in higher prlcea. Reduced production meana more buyera than eallora In the marketa. and when there are more buyera than aellora prlcea go up. We can pan lawa untlliwe are black In the face, but aa long aa there are more aellora than buy era In the marketa prlcea will re main low. Embezzlement, Swindling, Fraud, Assassination Among Counts Filed Government Gets "Sugar" From Export Company; Problem of Debt Up u P IN the Pendleton country, Senator Slelwer telle tola wrllor, whoat waa aelllng at the hipping point a yoar ago at 2 'to 28 centa por bushel. Prospccta are that It will bring aomewhere (Continued on Page Four) t 'AIN'T MM" Joe Machado ot 764 Wocas treat. Shlpplngton, wanta hla friends to know that he waa not the Joe Machado arrested Satur day for being drunk and disorderly. GRAFT IN CUBA Tlv l.AWItP.NTB HAAS United Press Staff Correspondent HAVANA. Au. li. I Ur ) eensatioo was caused tonight bv the filing of civil suits against Uerardo Machado, banished pres ident of the republic, and mem bara of his calilnot, charging hem Willi graft and grave dle- lurbancea to tha nation a linen elal condition. (liners Involred In the action Included former Secretary of State Oreatee Ferrare. now In tha Unltad Slates; Finance Sec retary Octavlo Averoff; Interior Secretary Octavlo Zubliaretta; Chief of Police Anclart. and Joaa liqulerdo, former mayor of Havana. Many Charge Drawa All ware charged with embei- llement of public funda. fraud, awlndllng. firing arms and as sasslnatlon. Sulla were filed by Jose Garcllaeo Da La Vega, lawyer, la the second section ol the court ot Instructions In Ha vana. The court accepted tha action whan Oe La Vega de posited a bond of 1500. The sulta followed revelations In official quartera that Senator Vlrlato Outlerrei, a Machado supDortar. abroad alnca June, had been paid a check for 150, 000 by the Suiar Export Cor poration ahortly before he left Cuba. It waa reliably reported hat Gullerrea transferred this 150,000 to a member of the Macbado cabinet. These revelations followed word that Provisional President Carlos Manuel Oe Sespedes waa considering an early adjustment ot Cuba'a national Indebtedness, held chiefly by large banka In .Saw . York and-bondholders In tha United Slates. Americans May Help In all probability an American commission of financial ..... Crash Kills College President . , iY i fcawef J-Vi aai 1 1 titL-. . ' -i X TEMPERATURE HITS 101 HERE; PENDLETON 107 Mercury R e a c h es New Record for Summer as Heat Wave Stays On Kidnapers Get Away After Thrilling Chase Directed From Plane Here la the tangled wreckage of the automobile In which Dr. William A. Maddox, president ot Rock ford College, and Prof. Alfred O. Wllgeroth, director of tha college music deportment, met death when the automobile waa struck by a train near Rocktord, III. Dr. Maddox waa hurrying to the bedside of hla wife In a sanitarium Lupe's Niece Hidden After Kidnap Threat Will Rogers Says: BEVERLY HILLS, Aug. U. Editor The Klamath Newa: Balbo finished a great trip and Mussolini and all Italy kissed him fervently on both cheeks. ' Now we know why he waa growing that beard. If yon lea a strange' man hiding In the bushes arond your place, It's more than apt to ba an ex President of Cuba. I aee by tha paper that dur ing this kidnaping epidemic, a well known machine gun com pany haa patriotically agreed to not aell 'em to ganxstera, till they have uaed up tha ous they hare, Yours, will be Invited to Havaua to study the problem. Cuba a ui collections nave been difficult and It may soon be Impossible for the government to provide some 815,000,000 a year for tba servicing of the 1180,000,000 indebtedness, and largely owed to banka and bond holders In the United Stales. Designation of Finance Secre tary Martlnea Saena to handle the governments economic prob lems with the aid of Ambassador Welles waa taken aa an Indica tion the government regards tha economic crisis aa among tha (Continued on Page Eight) Board of Trade to " Remove Price Peg On Wheat Today By HAROLD r'rainvii.lk United Presa Staff Correspondent CHICAGO. ' Aug. 15. (UP) Despite pegging of grain prlcea on Canadian exchangee, tha Chi cago hoard of trade announced tonight it would go through with Its scheduled plan to remove the peg on minimum prlcea here to morrow. The announcement, made after a lengthy meeting, meant that starting tomorrow, the mini mum price restrictions will be removed and prices can go aa low as they wish, except that separate restriction provides they cannot fall more than an average ot tour centa a day. The minimum reatricllona, pegging prlcea temporarily at minimum Iowa, were aet. two and .one-half weeka ago after prlcos dropped spectacularly In several successive wild days ot trading. , Titles Supplied Initiative Pleas SALEM, Aug. 15. (AP) Two Initiative petitions previously filed were supplied with ballot tlllea by Attorney General I. H. Van Winkle today. Tha titles were for the limiting of Inter est on small loana to one per cent a month and the repeal ot the county civil service law which affecta Multnomah county only. The Initiative petitions now will require the names of 86,688 legal voters to ba placed On tha ballot at the general election In November, 1984, Tha petitions must be completed by next July t. Kitzmiller to Stay With Oregon Job - PORTLAND. Aug. 15. (UP) Johnny Kltsmlllor, the "Flying Dutchman" of Oregon fame, d nlcd today earlier reporta that ha would Play professional root' hall with the New York Oianta thta fall "They made me an offer early thla year tint I did not accept, Kltsmiller told tha United Press, He said he would remain aa assistant to Prince Calllson, Cnl varsity of Oregon coach. , HOLLYWOOD. Aug. 15. (UP) Lupa Veles. fiery Mexican film actraaa. disclosed tonight she had returned her adopted 4-year-old nleca to Mexico through fear of threats by kldnapera. The little girl. Joan Del Valle Vales, waa taken to a convent In Mexico by her mother, Miss Velex' sister, after the player had received "three or four threatening letters." "I waa absolutely frantic, Miss Velea aald at ber home to night, i "I finally decided the safest thing to do was to aend Joan away where no ana codld find her." . . . .. Tha actress refused to disclose the name of tha convent but It presumably waa In Mexico City. Tbe little girl'a mother visited experts j her aoma weeka ago, and then HAY CROP OF Forest Fires Break Out Over State; BIy Blaze Gives Fhemen Trouble Second Alfalfa Cutting Finest In History of Co unty, Agent Declares quietly, taking Joan with Fehl Dressed in At Oregon Prison; Joins Fuel Crew SALEM. Aug. 15. (UP) Earl H. Fehl, former Jackson county Judge, waa received at tha state penitentiary today to begin aerv ing a four-year term for conspir acy in connection with the much publicised ballot thefta at Med ford last February. Fehl waa brought to tbe pri son by Deputy Sheriff Dale Ma toon of Klamath county. He will be assigned to tha hog fuel crew, working with a group ot former assoclatea almllarly con victed. The last principal to arrive will be former Sheriff Gordon Schermerhorn ot Jackson county. He waa aentenced to aerve three years. Lindberghs Reach Capital of Iceland REYKJAVIK. Iceland, Aug. 15. (UP) Colonel and Mrs. Charlea A. Lindbergh arrived here at 7:82 p. m., after an uneventful flight from Greenland. Colonel and Mrs. Lindbergh were unable to make a landing In tha inner harbor due to chop py water. Instead they circled the city aeveral timea and final ly alighted oft Vatnagardar. A large crowd waa present to greet the filers. Officials of state, and town welcomed them officially. Agriculture Is Klamath coun ty's most promising Industry at the present time and with the favorable outlook tor farm prlcea. the future seems most optimis tic, according to C. A. Hender son, county agent. Particularly favorable at -this time Is the condition ot the Kla math Basin bay crop, with the econd tntting'Sjf altklfar rated aa fine aa any ever harvested In the basin. Crop Heavy In addition to the exceptional quality ot tha crop. It la unusual ly heavy. Henderson stated. Virtually all of the Klamath county cattle ranchea in the northern and eastern parte of the county are putting up an ex ceptionally heavy crops, greater tbsn any of recent years. The bumper potato crop, made valuable by shortagea Is the mlddlewest and the prospects ot a strong market, will add nearly two and a halt million dollars to the agricultural income ot the region thla aeaaon. . The crop la also augmented, according to authoritative re ports, by some of tha cropa In- (Cot.tinued on Page Eight) - Kidnapers Elude f Chicago Police in Thrilling Manhunt took to their feet.' One was be lieved wounded and police long searched -the wooded section In to -which ho disappeared. The other vaulted a fence, crossed the area of tlmberland and hired a farmer to carry him to tbe business district of Chicago. Factor waa released by kld napera aeveral weeks ago after paying 850,000 ransom and nromlslnr more. Another pay mem was due today and police lolned with federal operatives in setting an elaborate trap tor the suspects. Information reaching them led to the belief that one of tha men likely waa Miller, South Dakota deputy anerui who turned criminal and Is now widely known to police In a score of midwestern cities. Tha scorching beat wave which began last week and haa been driving In with added intensity each day alnce. aent the mercury up to a maximum of 101 degrees Tuesday for a new high point for the summer. The weatherman held out no hope of a break in the terrific heat and a wilted population re signed Itself to another day ot panting and perspiring. The state weather bureau of fered alight encouragement for cooler temperatures In and about Portland and portlona ot the in terior, but the local prophet de clared that Klamath Falls was not Included tn -these good tid ings. High Hark Hit Tba mounting mercury at the weather bureau also reached the 100 mark Monday afternoon, af ter registering 85 degreea laat Friday, 97 Saturday, and 99 de grees on Sunday. Underwoods recording ther mometer, placed In a different locality, registered several de greea under the weather bureau thermometer, reaching a Tuesday maximum of 99. Torrid heat waa being endured all over tne pacific nortnwest Tuesday with Red Bluff, Calif.. taking the highest place at 114 degreea: Medford registered 108 Eugene, 98: Pendleton, 107: Reno, 101: Walla Walla, Waah. 108 and Portland. 97. Tha heat la accompanied by a very low humidity which height ens tbe fir baxard over the whole area. Bly Flra Spreading Excessive heat and low humi dity are blamed tor the outbreak ot numerous forest fires over the county, the largest of which haa been burning for several days near Bly In tbe holdings of the Weyerhaeuser and Walker-Hovey Timber companiea. The Bly forest tire haa been spreading steadily since its out break last Thursday, and crews of men have been sent from the C. C. C. camp at Bly, from the town of Bly, and from the local otflcea of tha Klamath Foreat Protective Association which haa also aent out modern equipment for fighting the blase. Several other forest blaxea re ported to tha Protective Associa tion headquarters by mountain- top lookouts, have been prompt ly handled, according to Jack son F. Kimball, president ot the association No new fires were reported Tuesday, Kimball stat ed. Equipment and reserve crews are kept on hand constantly by the aasociatton to aid in tha suppression of any forest fires, Requeata for deputise - from the tire department ot tha slats police oEU.es at Portland to aid (Continued on Page Eight) CHICAGO. Aug. 1. (UP) A manhunt almoat unprecedented In modern police history waa climaxed by a running gun bat tle today. Police, spurred on by tbe fact that their quarry waa two kidnaping suspects, be lieved they wounded one of tha men but both managed to es cape immediate capture. More than 200 officers parti cipated In the search which waa directed from an airplane by Edward Among, a policeman. nd Fred J. Bouchard, pilot of tba ahlp. Tba men they sought were auspects In the kidnaping of John (Jake the Barber) Fac tor. Added im por Unco was at tached to tha case when it waa learned that on of tha auspects mar be Verne C. Miller, notori ous outlaw wbo la charged with Innumerable bank robberies, at least two slayings, and who Is wanted for questioning In con nection with tbe Kansas City Union station massacre and the Canneries Forced to Close As Calif oria's Crop Stays on Trees to Spoil 081.0, Norway, Aug. 15. (UP) The Attenposten said today tbat Colonel Charlea A. Lindbergh ia expected to proceed ahortly to Norway using the Pan-American Airwaya gasoline depot at Stav anger, on the Norway coast. Bailey Will Face Penalty of Death KANSAS CITY. Mo., Aug. 15. (UP) Harvey Bailey, machine gunner, bank bandit and kid naper, waa formally charged to day with participation In tho Union atation massacre here June 17, when five men were mowed down by bullets. A charge ot first degree mur der was filed at the request ot Ri E. Vetterll, chief ot tha bu reau of Investigation, Tha com plaint charged that Bailey and others killed Raymond J. Cat trey, Investigator tor tha depart ment of Justice. Prosecutor T. A. J. Maslln aald tha elate would demand the death penalty for Ualley. CAR 8TOLKN Theft ot a green Jordan aedan from hla garage near 8econd street and Klamath avenue haa been reported to police bureau by Ray Pickering. The auto mobile was taken some tlma dur ing Monday Bight. Charlea Urachal - kidnaping la Oklahoma City. Dick Good Actor Supported by reinforcements armed with every modern weapon to fight criminals. Detective Frank . McKenna.. dressed as a telegraph messenger boy, kept a rendexvoua with the kidnaping auspects. He carried In his hand a bundle of bogus money. The elaborate police trap worked to perfection up to this point, but when McKenna tried to ar reat the arfspects they defied bis orders snd fled. There leaned a gun battle along tbe quiet sub urban hlgbwaya near Lagrange. An airplane droned overhead to keep track of tha bandit car. Police-laden vehicles followed In close pursuit. Bullets streamed in both directions. Finally the fugitive ear, its tires punctured by bullets, awerved Into a roadside ditch, overturned, and lu occupants (Continued on Pag Eight) EACH STRIKE AFFECTS 5000 City Ready To Aid Family of Rev. Hornshuh WAKHDCGTON. Aug. 15. (UP) Secretary of Agriculture Wallace tonight signed tha California itrh cannera agreement. Under terma ot the code, growers will receive 820 a ton for all neaches obtained for ean- nina. Committees will allocate the Deck, limited to 218.000 tons. Tha rnarantea 01 (20 a ion averages more man cwice ioe amount paid growers last year, officials clamled. FRESNO. Cel.. Aug. 15. (UP) on than 5000 orchard workers and cannery employee loat their Jobs today aa widespread strikes brought tne tan joaquin peach Industry to a standstill. Jrruil ptcaers waiaea oai, - mending 80 and 85 centa an hour. Instead ot the 17 cents they were receiving, and an eight-hour day. Biggest Acreage Hit Seven hundred struck at the Tagua ranch near Tulare, larg est peach orchard In tha world, and threw 1100 cannery em- olores out of work. Tne r-ings County Packing company at Ar- mona and the caniornia racamg (Continued on Page Eignt) COURT ATTACK ON IA LOST BY OIL GROUP Judge Rules Recovery Act Is Constitutional; Congress Is Upheld Texas Refiners Carry Battle Into Court to Set Aside Opera tion Steel Magnates' at ' Conference Snub Labor President By ARTHUR F. DKGREVB United Frees Stuff Correspondent WASHINGTON, Aug. 15. (UP) The bitter feud between organ ised labor and a faction ot tha natlon'a greatest industrialists flared anew today when leaders of the steel industry refused to confer with Secretary ot Labor Perkina in tbe presence of Will iam Green, president of the American Federation of Labor. Steel representatives, Including Eugene Grace, president ot tha Bethlehem Steel Corporation, and W. K. Irvin ot tha U. 8. Steel Corporation arrived at the labor department to discuss wage and hours statistics with Secre tary Perkins. They ami at her invitation. Entering tba room In tha labor department building, they found Green there. The ateel leaders I whispered a tew words to Mrs. Perkins and departed. Green told newspapermen ha had gone to the conference aa Wheat Conference Called by League GENEVA. Aug. 15. (UP) A world wheat conference here, convening August 21, haa been called by the League ot Nations at the Instance ot the "Big Four" wheat producing countries the United States, Canada, Ar gentina and Australia It was announced today. A world agreement on produc tion OI wneai win uo .uuhiivi ... ' , presumably some formula to cur-1 "eel advisor of tha labor advla- K .... . . . . I nrv hnanl tall wheat planting for the next two years and reduce the aur plua now on hand. The basis for such an accord was laid at London recently, during tbe world eoonomio conference. Cotton Growers to Get Federal Checks WASHINGTON, Aug. 15. (UP) America's cotton farmers will receive 8110,000,000 from the government Immediately, tt waa decided late today at a long White House conference of the "aupor cabinet." . The checks, which probably will be In the malls tomorrow, the President Rooaevelt'a re ward to those cotton planters who promised to destroy rroip 25 to 50 per cent ot tholr crops In the Interests ot hla agricul tural recovery program. ... ,i i ... .. . nry board. General Hugh S. Johnson faced I co. imued on Page Eight) Rolph Wants NRA To Mediate Strike HOLLYWOOD. Aug. 15. (UP) The national recovery adminis tratlon alone can act tor aa Im mediate and final aolutton to the strike of 8300 motion picture technicians, Governor Jamas Rolph, Jr., said today In a tele gram to authorltlca In Washington. Rolph Informed Leo Wolman, acting NRA chairman In Wash ington, he had conferred with labor leaders and that ha be lieved If the NRA board accapta a code establishing a 85-hour week and minimum wage acale for craftsmen, tha strike would and. Immediately. , Oriental Conflict Feared as Result Of U. S. Program BV HARRISON SALISBURY United Press staff Correspondent BANFF. Alta Aug. 15. (UP) Danger ot new conflict In the far east as a result of President Roosevelt's vigorous drive for re habilitation of American eco nomic life waa presented at the Institute ot Pacific Relatfone to day. . , The effect of vigorous control ot American Industrial and agri cultural oroductlon upon world marketa waa atudied in round tables. First example cited ot the effect of American domestic policy upon far eastern econom ics waa in connection with sugar Should American beet sugar pro duction be auccessfully regulat ed under the Roosevelt code, a similar international agreement was auaaested. Possible new marketa fos American and Canadian wheat In the far east were suggested. However, Chinese and Japanese reoreeentatives pointed out that age old prejudices in favor of a rice diet would operate to Hin der auch a program. Restricteo production was believed to at ford more nones ot auccess. Blame for major economic con filets of the tar east waa placed upon the World war by Count Soveshima. Japanese delegate He declared Increased production In war time had resulted In tos terlng ot infant industries after economic reason lor meir i Istenca had passed; Fort Klamath Road Work on Schedule SALEM. Aug. 15. (UP) The state highway commission today announced the addition oi tne Fort Klamath-Crooked Creek sec tion of The Dalles-California and Crater Lake hlghwaya to previ ously advertised projecta, The commission will receive bids at Ita meeting August 2 for applying mat oil aurface treatment to the 5.53 mil sec tion. Other work to be adver tised on the same data Includes six bridges and 87 miles ot road work, , Can yon imagine awaking to the fact that every one ot your possessions, even the little cher ished keepsakes which mean so much, have been awept away from you? Not a atlck of furni ture, not a book, not a change ot linen, not even a pair of shoe left to yonr name? This Is the tragic situation in which tha Reverend Fred Horn shuh, his wife and their three children found themselves after the destructive tire of Sunday morning which awept away the Klamath Temple and the Horn shuh home. . Friday Gift Day 'The Klamath community, touched to Ita generous heart by the deaolation of tha minister's family, haa planned to rally to their aid, and Friday haa been set aside aa gift day for the Hornsnuns. Any gift, no matter bow amall. for renremoer taca haven't oven glass of Jelly or a grain ot aalt. will be cherished by tbe family who have worked ao hard tor the welfare of this community. The First Presbyterian church ill be headquarters for the mammoth miscellaneous shower and will be open from 9 o'clock Friday morning until 9 in the evening to receive the gifts. A committee will be there during tneae hours and will assemble all the presents. f.ifts of money from friends over the city and county should be sent to tne ofiice of The Her ald and News In care of Rever end Hornshuh, alnca he no long er haa a home address. Tha be reaved family la scattered over the city, taken In by kindly (continued on Page Eight) Man Arrested on Liquor' Charges 3. R. 81ms waa arrested laat night at 1941 Wantland avenue and charged with possession of liquor, . Pnltco said they confiscated 25 cases of beer and a quantity of whiskey and gin. Freight Rate Cut For Potatoes to Be Effected Soon Reductions ia freight rates on potatoea to aoutharn points, an nounced aoma tlma ago by rail roads serving the Klamath basin, will go in effect August 25. This announcement was mads late yesterday by W. C. Wilkes, general agent of the Western Pacific. The reductiona range from 5 to 14 Va cents a hundred to pointa between Redding and Sacramento. Shipping ot tba spuds usually starts earlyin September. U. S. Willing to Back Wheat Plan WASHINGTON. Aug. 15. Secretary Wallace said today this country waa prepared to accept "any reasonable plan for Euro pean cooperation" Involving the reduction ot wheat production 'which is satisfactory to Canada. Australia, and Argentina." Wallace made hla statement at a press conference after receiving a report from Henry Morgenthau, sr., American delegate to tbe London wheat conference, which la acheduled to reconvene at London, August 21. WASHINGTON, Ang. 15. (UP) Tha first court attack against the constitutionality ot tha na tional recovery act failed today la District ot Columbia supreme court when an application for aa Injunction to aet aside operation ot the law as it affected Taxaa oil refiners was denied by Jaa tice Joseph Cox. Forty-nine Texas refiners bad sought to have aet aside ths in terior department's recant re strictions on interstate ehipment of OIL Congress Upheld "C o n g r e a a haa declared,' Cox's opinion aald, "that there la a national emergency and has granted the president broad pow ers to meat thla emergency." He held that congress had tha constitutional authority to dele gate theaa powers. . The section of the oil regals tiona around which the fight raged ' was the "hot oil" ' rule. Tbat forbida ths Interstate ship ment, production or withdrawal from storage of any oil taken from the ground in violation of state lawa. It was laaued by Secretary of Interior Ickes un der presidential authority. Recovery gct Rapped "I do not think the national recovery act can be auatalned on any ground," aald T. W. F. Fischer, counsel for tha refiners. asking Judge Cox to grant an injunction against the' federal government. "Tha act la un constitutional and void for tha reason that it la an attempt to . delegate power to the President of the United States which can not be delegated-but. must ba exercised by congress alone." Fischer contended the- federal government's power over inter state commerce waa contlned to regulation aad did not permit prohibition. The court action cams 48 bonis before the national recov ery administration waa sched uled to submit a code to tha oil industry. Reporta persist tbe code will call for aoma form ot modified price fixing. Thia la demanded by many leading oil men wno contend rising produo tlon costs maks price supervision vital to tha Industry's prosperity. American Consul, Ambassador Listed ' By Jap Assassins TOKIO. Aug. 18. (Wednes day) (UP) The American am bassador and consul general hare were included In the list ot pro posed victims in the unsuccess ful plot to cverthrow the gov ernment in May, 1932, according to testimony today at the trial ot 10 navy officers accused of inciting a rebellion which caused the assassination of Premier In ukal. Sub-Lieutenant Kameahlro Ito, one ot the defendants, testified that the conspirators planned to kill Arthur Garrels, consul gen eral, and urged Sub-Lieutenant Haruo Oba to kill Joseph Clark Grew, American ambaasador, the aame night the premier waa murdered. The contemplated assassina tion of the two American offi cials waa not attempted, however. Coast Baseball ' R. H. E. Loa Angelea 3 10 1 Sacramento .... 0 3 0 Newsom and Cronln; Hartwlg, Sanders and Wirts. R. H. E. Seattle 12 17 I Mission 18 20 4 Radonits, Sewell, Coster and Bradbury; Cole, Osborne, John son and Fitipatrick. ' R. H. , B. Portland 8 7 1 Hollywood 5 15 I Koupal, Freltas and Palmla ano; Campbell and Summers. Press Time News Flashes SALEM, Aug. 16. (UP) The bus and truck law enact ed by the 1BSS legislature vcaa held unconstitutional today by tin-nit Judge I.. O. Levelling of Marion county. ASTORIA, Aug. 15. (IP) John Round, 115-year-old Ne braska medical atuilrnt, was in a critical condition at a hospital here tonight, follow ing his rescue at the base gf Tillamook Head, where he had lain for almost 84 hours after falling from the cliff. WASHINGTON, Ang. IS. (VP) Two cent general post age and a five cent airmail baae rate may return soon, Postmaster General James A. Farley indicated today. WASHINGTON, Aug. 19. (UP) A revised code (or daily newspapers under the NRA was filed hy the Ameri can Newspaper Publishers' aa aociatlon tonight and aerrnted by the national recovery ad nilniatratioa pending hearings. GENERAL GRANT PARK, Calif., Aug. in. (UP) An gnat Wyas, M, San Francisco tool dresser employed In a con vict camp, waa killed late to day when an emery wheel bunt into pieces. Hla body waa riddled by , the flying aluga. SKLMA, Cel., Aug. 15. (U.R) Aa he threw a awitch to start machinery and celebrate tha gala opening of a hakrr) he Just purchased. Qurntln Sharp. , of Fresno, was elect rocoted tonight.