Argued May 20, 1959 Affirmed July 15, 1959 Petition for rehearing denied September 9, 1959 Appeal from the Circuit Court, Marion County, JOSEPH B. FELTON, Judge. Ben F. Forbes, Portland, argued the cause and filed briefs for appellant. Robert G. Danielson, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Robert Y. Thornton, Attorney General, and Peter S. Herman, Assistant Attorney General, Salem. Before McALLISTER, Chief Justice, and WARNER, PERRY, SLOAN, O'CONNELL