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Show J?C WAV Vft i WAR if, BO WD - DAY irc jforcM sun oum FIFTY-SIXTH YEAR, NO. 207 COMPLETE! ' VMTKD PRESS TEL.EORAPH NEWS SERVICE) PROVO, UTAH COUNTYr UTAH. THURSDAY,, APRIL ' 30 1942 UTAH'S ONLT DATL.T PRICE FIVE CENTS SOOTH OP . SALT LA KB -?'-; .i . v i. fi--.-.j: .. .-. . . - .. -i --.' - ' ' -' " t ' L' -- r ' - - .-..---.-,, , " - " - - . t ... Supreme Court Opinion Ousts Grover, Wiesley From State Commission Three-to-Two Opinion, Written by Justice Martin M. Larson, Finds Frank A. Jugler Still Legal Officer SALT LAKE CITY, April 30 U.R In a three to two opinion, the Utah supreme court today; had disqualified two members of the state industrial commission. Unseated were Wendell Grover, appointed by Governor Herbert B. Maw last June for a six-year term, and 0. A. Wiesley, who held a four-year four-year gubernatorial appointment. The ouster will not become effective until after a regular regu-lar 20-day period for filing a rehearing petition. The decision held that Frank A. D ES K CHAT BT TIDE EDITOR The War Production Board ' has ordered the rubber content con-tent of girdles reduced. In that manner girdles may ;be kept available until the ' effects of sugar and gasoline ; rationing have appeared ; after which, suggests the op-ftimist, op-ftimist, the absence of foun-' foun-' dation garments may not be so tragic as some, would con-. con-. iSider it right now. A little .more walking, a lot less can- ; dy, is the idea. ' 'The executive officers of 'the C.I.O. reject firmly the silly notion that the United Mine Workers merely lent that-Sl.665.000 for organfca- . was a guA. ' - -' ' We were not present at the original conversations at which that lease-lend operation opera-tion wa3 arranged. But we . ; can't see why John L. Lewis 1 is so anxious about a little sum like that. He isn't going to redistribute it among the miner dues-payers, is he? Or to finance a strike in the coal fields? Or to pay the costs of organizing the dairymen dairy-men to charge more for the milk they ship to the cities where the miners buy it? On the Lighter Side One nice thing about spring it always says it with flowers. Your ship will ,never come in if you insist on staying away from the bank or the postof f ice. . . When the worm turns it meets a cnicken, a fisherman or a chestnut. . Girls who keep their eyelash es thin find it takes a lot of pluck. ... A Minnesota wife asked divorce because her husband insisted on cutting her hair. Barbarous treatment? treat-ment? One result of the national tire, rationing, according to some observers, is an apparent appar-ent increase in church attendance. attend-ance. Folks can't get out of town, so they go to church, it seems. fWell, it would take . more than a tire shortage to ; get some folks to church. Fruit Crop Hit By Frost Damage Considerable damage to fruit orchards in Utah county has been caused by recent frosts and torms. but if no additional frosts occur, : there should be a good yield of fruit, according to Clar- ence D. Ashton, assistant county i agent. .. - , The frosts and storms have by no means taken all the crop, as some rumors have insisted. While the frost was severe .it was spotty,- striking in some places and missing other It was pointed out. i . Mr. Ashton said it would be Impossible - to give ' an . estimate as to the damage either in amount of fruit or dollars. - While some damage has' resulted to practically all ' fruit crops, v apricots,' strawberries, straw-berries, peaches and cherries seem to have been hurt worst. Jugler, appointed by former Gov. Henry H. Blood, still legally hi Id office. The opinion did not affect the status of Eldred M. Royle, who was recently appointed by Maw to fill the unexpired term of the late William M. Knerr. Ouster of Grover and Wiesley came when the high court ruled in the quo warranto proceedings brought against the two men by Jugler, who had been appointed by Blood for a term ending April 1, 1945. Blood had also appointed Knerr for a .term ending April 1, 1943, and O. F. McShane for a term ending . April 1, 1941. The 1941 legislature ended all these terms and Maw proceeded to appoint Knerr, Wiesley and Grover. The ruling by the supreme court did not declare the 1941 leglsia tive act unconstitutional, nor did it pass on the power of the legis. lature to shorten terms of mem bers of a state commission. Justice Martin M. Larson, in writing the majority opinion, held that Grover was ineligible because he ,was appointed to a vacancy created by . . the legislature of which he wu a member, and it was a violation of the constitution for him to profit by appointment to a vacancy, -Just as much as if It had been a new position. . The court also held that Wiesley Wies-ley term could not begin . until three" qualified- men'had been appointed ap-pointed and had done all the things needful for taking, assuming assum-ing and' lawfully holding office. This held, in other words, that aU commissioners must be qualified, if one is qualified. It indicates that Wiesley can still be legally re-appointed. Bunker Repeats Charges Against Jesse H. Jones WASHINGTON, April SO OLE) Sen. Berkeley L. Bunker, D.t Nev today accused Secretary of Commerce Com-merce Jesse H. Jones of "evasion, subterfuge and distortion of facts" in his defense of a contract con-tract for a $73,000,000 magnesium plant at Las Vegas, Nev. Continuing his feud with Jones over a contract between the de- fense plants corporation and Basic magnesium, inc., cunxer maae a senate speech reiterating previous charges that the agreement was "so sinister as to indicate that some officials 'in our government are guilty of malfeasance in the performance of their duties." "My statement was based on record and fact," Bunker said. "However Mr. Jones may try to confuse the issue, the fact remains re-mains that Basic Magnesium will receive 1300,000 to .supervise the construction of the plant, $560,000 per -year as an operating fee, 5380,000 per. year on royalties and $1,000,000 in the event of the sale of the plant All this was testified before' the Truman committee as possible return on an admitted investment in-vestment of less than $50,000. "Nothing Mr. Jones can say can dispute the fact that extortionate salaries are being paid from taxpayers tax-payers 'money to the officials of .the company salaries as high as $36,000 a year. "Nothing Mr. Jones can say, can dispute the testimony of the pro- ( continued on Page Three) Morgenthau Abandons Plan To Repeal Silver Purchase WASHINGTON, April 30 (HE) The treasury has abandoned its plan to propose -legislation that would enable industry to buy newly new-ly mined domestic silver at the world . market price, , Secretary of the Treasury Henry Morgenthau, Jr., disclosed today. " He reiterated at a press conference con-ference that he favors repeal of . all silver legislation, but said the Vtreausry would not 'propose any changes in the silver laws because be-cause of congressional opposition. BntA Bm!b Gtfrmaiin D W c PI I inils In Pmh LABOR-PROFIT CONTROL BILL LAID ASIDE Controversial Legislation Leg-islation Tabled By Senate Group Bv (RICHARD A. BLACKBURN United Press Staff Correspondent WASHINGTON, April -30 (U.R The house naval affairs committee today laid aside, by a vote of 13 to 12, all pending legislation for labor -profit control, including proposed extension of the basic work week from 40 to 48 hours. Shortly before adoption, of the motion to table the bills, Chairman Chair-man Carl Vinson, D., Ga., na-nounced na-nounced that such action would mean, "the bills are through, for the rest of this session." The motion to table was made by Rep. Michael J. Bradley, D, Pa. It applied to both the original Smith-Vinson labor-profit meas. ure and a revised substitute. Prior to the tabling of the legislation, legis-lation, Vinson told his colleagues, "the American people are going to vote in November and they are going to vote in every district of the United States." "The American people," he said, "are going to have something to' say about racketeering in plants profiteering by war contractors and racketeering by labor leaders." lead-ers." Bradley, in offering his motion to table, said he did so in the hope that Vinson would immedi ately introduce legislation dealing with profit control formula only. (Continued on page rnreej 14 KILLED IN KANSAS STORM OBERLTN, Kan., April 30 JJ!) Fourteen persons were killed, including two entire families, and 12 were injured in a tornado which struck near here late last night. The storm struck a farm house two miles south of here and blew itself out about mile east of Oberlin. Oberlin, in the extreme northwestern north-western section of Kansas, was not damaged. The injured were brought to the Methodist church where they were cared for until morning when they were taken to hospitals here and at McCook, Neb. Following is the list of the dead: , Norman Nicholson, 14, Mrs. James Beneda, Jr., 40; Aileen Ben-eda, Ben-eda, 14; Dale Paddock,' 33; Mrs. Dale Paddock, 29; Elvin Paddock, 4; Leon Rails back, 17; Gus Lein-wetter, Lein-wetter, 40; Mrs... Gus Leinwetter, 33; Stanley Leinwetter, 12; Tbei-ma Tbei-ma Leinwetter, 7; Marcell Leit-ner, Leit-ner, 7; Mrs. Frank Urban, 65, and Duane Harold, 18. Because of the isolated locations loca-tions of ' several of the stricken homes, news of the tornado - was delayed for a time. -Telephone lines were destroyed and the only means ' survivors had of Informing Inform-ing the outside world was by horseback or on foot. The tornado was the third in four days to take a toll of human life in the midwest. The town ol Pryor, Okla., was atruck late Monaay, wit'n an estimated death toU of 125. A similar storm struck Crowell. Texas, a day later to claim nine lives. Morgenthau met yesterday with western state senators who comprise com-prise the so-called silver bloc. Morgenthau said last week that the treasury planned to ask . repeal re-peal of at least that provision, of the . law ' which prohibits ale of newly mined domestic silver to industry in-dustry at the world market price. That price currently Is about 35 cents an ounce, compared to the 71.11 cents an ounce the , treasury is required by statute to pay. Flying Hero "Kind wwyT"j. . vy" rr......1p....y -. .y J 'r ' , - , 4 jgr ,.(. .. -.. .V - , LM;MiiHiiiiiMrr AMBssBBMsBViBBJtatJBHMiwsMtf lw ' jwssMMfcMBsMwsYv-'tiiifc'tiniTMtwii iwn'i -n-nfir iifii siswssriwMSBWiBrisssssMsi ' -TTmrff One of the war's outstanding tales of valor under n re was that President Roosevelt told of Capt. Hewitt T. Wheless, a flying fortress pilot, who, although beset by almost Insurmountable obstacles, carried an air mission to completion and managed a -safe-emergency landing of his battered, crippled plarft after beating off 18 attacking Jap planes. Here Capt. Wheless is shown at Fresno, Calif visiting his, wife, Raymonda, and baby, Raymonda Jean, after . arriv ing back in tho United States from the. scene of his exploits. " ' r.. . - : r- r Prove Ahccttioh mm Federal Aid In School Construction Deferred Provo board df education' application for federal funds to extend city school facilities has been deferred by the Federal Fed-eral Works Agency, Dr. J. C. Moffitt, superintendent of schools, was informed today in a letter from Wright L. Felt of Los Angeles, kwa regional engineer. Efforts will be made to have the Federal Works Agency reconsider recon-sider the application, according, to Dr. Moffltt, who termed the agencys action as a "gross error in the light of accumulating evidence evi-dence that Provo's population will boom greatly, causing increased demands on th schools. Face Serious Problem "We are destined to meet a serious problem," said Dr. Moffltt. Mof-fltt. "The school are now operating operat-ing up to absolute 100 per cent capacity. We will be able to finish fin-ish the current school year without with-out trouble, but an lncrefse of even a few hundred students win create a serious problem for next year." The school board had made application ap-plication for a project approximating approxi-mating $2,000,000 that would pro. (Continued on Page Three) Baseball Today AMERICAN LEAGUE Detroit ... 020 000 Boston 021 310 Fuchs, Henshaw (4) and Teb-betts; Teb-betts; H. Newsome and Peacock. St. Louis 000 000 0 New York ..... 000 020 0 Harris and Swift; Bonham and Dickey. Cleveland . . . Philadelphia . Kennedy and and Wagner. . . 200 0 .. 000 0 Desautels; .. 000 0 Besse Chicago . . Washington 100 0 Lyons and Turner; Wynn and Early. NATIONAL LEAGUE Brooklyn y 000 0. Cincinnati .... 100 2 " Kehn and Owen; Derringer and Lamanno. Philadelphia ... 111 . t-i-Pittsburgh .... 020 r; Hoerst and Warren; Diettz, Lan-ning Lan-ning (2) and Lopez. Boston ........ 00 Chicago 00 Tobin and Lombard!; Passeau & McCuUough. New York 0 St. Louis ...... 1 Schumacher and Dannlng; Pol-lett Pol-lett and Odea. Of Liked" President's Fireside Chat ). r y . .. ! i j i n .. ri i if. - WIFE OF UTAH SENATOR DIES WASHINGTON, April 30 UJR Mrs. Elbert D. Thomas, wife of the senior senator from Utah, died of a heart attack here last night. he was found unconctous in her apartment by her daughter, Chiyo. Sen. Thomas, attending a function at the Chinese embassy, arrived home shortly afterward. The office of Sen. Thomas said that funeral arrangements haV not yet been made. . SALT LAKE CITY, April 30 UK) Mrs. Edna Harker Thomas, 01, wife of Senator Elbert D. Thomas, who died last night in Washington, was a native Utahn. She was born at Taylorsvttle, April 11, 1881, a daughter of Ban-jamin Ban-jamin and Harriet Bennion Harker, Hark-er, early Utah pioneers. ' She was ' graduated . from the University of Utah in 19Q7, and shortly axterward was married to Thomas. They Jater left for Tokyo, Japan, oh a five-year mission for the L..D. S. church. She was the first L.' D. S woman missionary to travel around the world. Returning to Salt Lake City In 1913, both Senator and Mw, Thomas served on the University of Utah faculty, Mrs. Thomas as a physical education . instructor. Surviving are her husband; three daughters. Miss Chiyo Thomas and Mrs. Lawrence Lee Hansen, both of Washington, and Mrs. Wayne C. Grover, Silver Springs, Md., and a sister, Mrs. ' Preston ' Cannon, Glendale, CaL Funeral services will be conducted conduct-ed in the Washington L. D. S. ward chapel, probably Sunday at 3:30 p. m. Burial will be in Salt Lake City. PARITY PAYMENTS SET v FOR WHEAT, CORN WASHINGTON, April 30 DJV-Tae DJV-Tae agriculture department announced an-nounced . today that it will make parity payments of 13.5 cents a bushel ; on wheat and 11.1 cents a bushel on corn to 1942 growers who comply with the AAA program. I ' ' " i ' a '-r T'"'" i r 1 1 (NBA Uleptoto) OiSiliriOffic! cnt in Crash BY FRANK HEWLETT United Press Staff Correspondent GEN. MAC ARTHUR'S HEADQUARTERS, HEAD-QUARTERS, Australia, April 30 U.E Brig.' Gen. Harold H. Gerge, who flew the United States air force In the Philippines to the last battered plane, told me one day at his headquarters on Bataan Peninsula that if-it wa his lot to die in this war he wanted, to meet 'death at the stick of .a pursuit ship after shooting down "a goodly, number of Jap Zero planes." . Today the general's death in an air accident, which also took the life of Melville Jacoby, correspondent correspon-dent for Time and Life magazines, was announced by Gen. rouglas MacArthur, who awarded George the distinguished service medal posthumously. - I George was the heart " and brains of the little American air force that struggled against unbeatable un-beatable odds in the Philippics. He was a stern disciplinarian and he liked to pretend that he was hardbolled and cold-blooded, 'but he understood his men and never let them down. I remember him. best I'll always al-ways remember him this way as a . dynamic -figure with a black, beard and an impressed uniform who could . and did dig a ditch to help prepare-, an; emergency landing field, who flew a patched-up patched-up airplane and . who ' kept the tattered Bmboo Fleet" of tf. S. planes flying on Bataan Peninsula after twice refusing orders to leave th Philippines. . So it was a good poke at George's headquarters one vday when Tokyo radio's propaganda broadcast, said that 15 United States heavy bombers had attacked attack-ed -Japanese ships at Subic Bay and tnat three of them had been (Continued on Page Three) . - New Camp to Troops In WASHINGTON, April 30 (HE) The war department announced plans today to establish a net? army divisional . camp to train mountain troops high in -the Colorado Colo-rado Rockies. 1 ' ' The camp, ' which is expected to be completed by the ilast of October Oc-tober will , serve y as a base for selected officers and men who will train in ; snow averaging ' 12 feet deep in altitudes ranging from 9,500 to 15,000 feet ' -... ' - Establishment of ' the Colorado camp follows two years of experiments experi-ments by the army at Fort Dev-ens, Dev-ens, Mass., Camp - McCoy, Wis., War Correspond moon ... i R.A.F. Uses 4000:-Planes 4000:-Planes In 8 - Day Aerial Offensive Red Army Holds the Initiative With New Stabs At the Germans On East Front; Many German Planes Brought Down . By JOE ALEX MORRIS ' United Press Foreign Editor Britain, continuing its non-stop aerial offensive against the Nazis, bombed German-dominated war plants in the Paris sector today and the Red armyheld the initiative with new; stabs at the Germans on the eastern front. One of the" biggest aerial battles of the year was re ported from 'Dover Straits as the RAF, using an estimated 4,000 planes in a sustained eight-day offensive, renewed day-; light attacks after spreading fire and bomb damage through the Gnome-Rhone motor works ; and the Goodrich rubber plant just outside Paris. French reports said 52 were killed and probably 150 injured in the Paris suburbs. Intense aerial fighting also was reported from the Russian front, where the Soviet press said 247 German planes had been destroyed in the last eight days for a total of 900 planes and 2,000 fliers in three weeks. But the Russians also reported that their troops were holding the initiative in scattered but severe land battles,- and that they had killed . some '45,000 Germans dur ing. the alx-mpntha,4egejof. Sevas topol, in the Crimea. ..Dispatches from. Kuibyshev said the Russian defenders of Sevastopol Sevasto-pol were renewing attacks on the siege troops in some of the bloodiest blood-iest battles of the war In the south. ... U. S. Ambassador William Standley disclosed at Kuibyshev that Josef V. Stalin was not un- der.estimatlng the strength, of the enemy, but that he appeared confident of the final outcome, indicative in-dicative of the intensity of the Russian war effort was an announcement an-nouncement cancelling the" traditional tradi-tional May day ceremonies the great day of the year in Russia Rus-sia to keep war production at a maximum. Developments on other fronts included: Burma -r-Japanese conquest of Burma seemed almost complete, but British and Chinese resistance was by no means ended, and Chungking said that counter-attacks were attempting to cut off Japanese spearheads that pushed out to burning Lashio. Australia Allied planes again attacked Lae, Japanese base on nor. New Guinea island, and two other enemy targets in the Dutch East Indies. Philippines Japanese claim capture of Palange after over, coming resistance on west coast of Mindanao island. Libya RAF attacked Herkal-iort Herkal-iort On Crete; and Benghazi in Libya. Light mobile forces repulse re-pulse Axis tanks in patrol action on desert. State Compliments Patriotic Family TRENTON, N. J., April S0(ttE A resolution passed by the state house of assembly today congratulated Antonio D'Antonia of Red Bank, N. J., who has 11 sons in the armed forces and three who soon will be. Five of ;D' Antonio's An-tonio's six daughters are 1 work- ing in war industries. : i Mountain lorado Rockies Fort Meade, S. D and in Alaska, with special cold weather' troops. The department said 'that . the troops to a great xtent will consist con-sist of expert skiers, mountain climbers, . trappers, prospectors guides and oub-of-doors sportsmen "toughened to hard work under rigorous- conditions.! , -.;- . ' "The men will .be equipped with specially designed clothing, .'sklis, snowshoes, - and motorized ';- v hiclea," the department said. "They will be taught how to handle, load, and care" for pad animals.' - . n SUBMARINE HIT BY GUN GREW OF FREIGHTER WASHINGTON, April 30 (HE -The gun crew, of a small American, Amer-ican, freighter; which, encountered twotvsubmarines in.the. Atlantl . within a period of 54, hours, at tacked both of them and registered register-ed a direct hit on one of the subs, with a single sheU at a range of nearly a mile, the navy announced today. The hit on the submarine was scored in an afternoon attack. It was followed by a' heavy explosion explos-ion and a -great upheaval of water. wa-ter. Ship personnel said a slick tf heavy black . oil appeared on the surface where the submarine had been. The navy said the action occurred oc-curred "several days ago." Name of the ship was withheld. In mid-afternoon the freighter was making its way - cautiously down the Atlantic coast when, her ' master cited a periscope two miles . away. The gun crew leaped to the alert and the skipper maneuvered man-euvered his ship to put the submarine sub-marine on his starboard quarter.. The gun crew,' straining their-eyes their-eyes toward the horizon, shifted' their sights fore and after until ' they sighted a coning ; tower and fired the shells. ' The ship's company said the other" encounter occurred 54 hours before, - when the : freight" ers gun crew sighted a. burning tanker a mile and a half distant, apparently the victim of a sut-marine. sut-marine. ; s The stricken vessel was submerged sub-merged to her stack and "superstructure. "super-structure. -'. - ; Two hours later, lookouts aboard the U. 8 freighter spotted - a blinking light about . eight . feet above the surface,' apparently the light of a submarine. .. The gus crew's commanding officer of-ficer , ordered his men to shoot first and ask questions . afterward two shells were fired at the suspicious sus-picious craft one high and one to port. .'- . ,; The blinking light snuffed out and "the unidientified vessel disappeared dis-appeared in- the darkness. ' Senate Scats to Dc Filled at State Election, Ruling ; SALT LAKE CITY, April 30 OT.E State statutes provide that unfilled terms of members of the Utah-senate be' filled by election this fall, rather .'than by appointment appoint-ment by the government, unless a session is called before the general gen-eral election,' according to Attorney Attor-ney General Grover A. Giles. . Giles said that Utah state senators sena-tors who have accepted positions in the state government will have their terms filled by elections, because be-cause there is no session scheduled before that time, c ? v " ; If a session ' should be called before the . general election, - he added, the vacancies will then be filled by governor's appointment. |