Medford mail tribune., November 30, 1923, Page 1, Image 1

M
edford Mail Tribune
The Weather
I'rvdtctlou '. Fair
Maximum yesterday . 48
Minimum today 39
Precipitation -04
Weather Year Ago
Minimum -..
...8
8 ally Eighteenth Tear,
'eekly Fifty-Third Yea.
MEDFORD, OREGON", FRIDAY, NOVEMBER 30, 1923
NO. 215
SUSTAINED BY
PIERCE
BORDEN
GOVR
O.G.
I
BY PIERCE
Oregon Governor Terminates
Appointment Special Pros
ecutor and Puts Full Power
of All Law Enforcement in
Hands of District Attorney
Newton W. Borden.
SALEM, Ore., Nov. 30. (Special to
Mall Tribune) Governor Pierce de
clared today that he has sent letters
to O. C. Boegs. special prosecutor for
Jackson county and District Attorney
Newton W. Borden, terminating the
appointment of the former and In
forming the latter thut the enforce
ment of all laws will bo in his hands
exclusively as long as the laws ore
vigorously enforced.
The letters In full follow:
' "Mr. O. C. Boggs,
"Medford, Oregon.
My dear sir:
"Section 2224-4B Oregon Laws
reads In part as follows:
"And whenever any prosecut
ing officer shall be unable, or
refuse to enforce the provisions
of this act, in his county, or where
from any reason whatever, the
. provisions of this act shall not be
. enforced in. any county, the gov
ernor as the executive officer of
the state shall appoint as many '
'' prosecutors ns he may deem nec
essary, who ahull be removable
at his pleasure;
'. "I appointed you as special prose
cutor for liquor cases in Jackson
county during the terni of office of
another district attorney. Since that
time. It has become my duty to ap
point a new prosecuting officer in
1 1 !. ) X?o.,.nn 7 line.
den whom I have every reason to be
lieve, will effectively enforce all laws.
Including the prohibition statutes.
Since there Is no evidence in this of
fice that Mr. Borden will do other
wise than effectively cm force the luw
and since I have no evidence thut he
"shull be unable, or shull neglect or
refuse.'to enforce ttte provisions of
this act,, (the prohibition n" in his
county.' it is obvious thnt the condi
tions which neccHsituteti the appoint
ment of a specful prosecutor have
ceased to exist,
"With a district attorney prepared
to fully enforce the luw and wall no
evidence of conditions thut would cull
for the services of a special prose
cutor, I have no right nor reason to
ask the people of Jackson county to
pay the additional expense of a special
prosecutor. I . have, therefore, tills
day terminated your appointment us
special prosecutor for Jackson county.
"X have been asked to request tile
appointment of an assistant to the ut-torney-genernl
for Jackson as well as
other counties.
; "The attorney general of the state
advises me that I am at liberty to ask
for an assistant to ti,e attorney gene
ral at any time, but add that 'I believe,
however, thut It is inudvisable for the
governor to, exercise such power ex
cept in extreme cases.' Certainly,
there is no 'extreme cuse' in Juckson
county. In fact, there is no evidence
whatsoever that the present prose
cutor is not or will not fully enforce
thelaw. Under the circumstances,
just as In the case of the special pros
ecutor, I have no moral right at least
and certainly no reason to saddle an
extra expense on Jackson county tax
payers when there Is every- evidence
that the law is now being and will be
effectively enforced. .
"Thanking you for your aid as spec
ial prosecutor and for your stand In
behalf of luw enforcement, I am,
"Very truly yours,
"WALTER M. PIERCE,
, "Governor."
(Continued on Page Seven)
TO SING IN THE
ATLANTA. Ga.. Nov. 30 Geraldlne
Farrar will sing In Atlanta tonight in
the city auditorium. With the doora
of two church auditoriums closed
against her. It appeared until late last
night that the diva would be forced
to make good her promise to "sing In
the streets" In order not to disappoint
an Atlanta audience. The city audi
torium had been engaged by Tech
high school for a minstrel program
but those In charge of the entertain
ment withdrew in favor of Miss Far
rar and postponed the show to a later
data.
Teddy Roosevelt, Jr.,
Flays Kit Klux As An
Un-American Order
NEW YORK, Nov. 30. The
support of the Ku Klux Klan in
hia) candidacy for governor of
New York was spurned In a let-
ter from Theodore Roosevelt to
the National Association for the
Advancement of Colored People
made public today. The associa-
tion had asked Mr. Roosevelt if
the recent report that the klan
4 had endorsed him was true.
"I have not heard one thing
about the klan endorsing me,"
Mr. Roosevelt said. "I cannot con-
celve that lt- Is so, because I
came out flat tooted against them
in a public speech on Lincoln's
birthday last year. The" funda-
mental principle of American-
ism in that men should be Judg-
ed as men, and no distinction
made on racial or religious
lines."
.
FALL
E
Testimony By New Mexico
Editor Impels Senate Com
mittee to Call Former Secy.
On Carpet Broke Before
Taking Position, Claim.
WASHINGTON, Nov. 30. After
Carl' C. Mugpe, a New Mexican editor,
had testified under questioning by
Senator Wulsh, democrat, Montanu,
regarding the personal financial sta
tus of Secretary Albei t B. Kail of the
Interior denullment, the senate lands
committee decided today to Invito Air.
Full to appear before It in its inquiry
in the lousing of the Teapot Dome
nuvtil resorve to the Sinclair interests.
The invitation sent to Senator
Smoot characterized the testimony
given today and informed Mr. Full of
the committee's opinion thut he
should have an opportunity to be
heard.
! Besides Magee who Is editor of the
New .Mexico State Tribune nt Albu
(tuertiuc. N. M.t the committee heard
testimony by G. V. Cluytoll, former
treasurer of Otero county, in which
Mr. Full's ranch is locuted and Wil
liam Harris, owner of un ndjolning
property purchased about two years
ugo by the former secretary. ,
j In reply to Senator Walsh's ques
tions Mugce snid Full had told him In
120 that he was "completely broke."
By 1B23. however, he continued,
"great changes hnd been made in Im
provement of the Fall ranch nt Three
Rivers. N. M." Harris testified that
some of the improvements referred
tohud been made, to his personal
knowledge several years before.
All Taxes Paid Up.
Clayton ulao questioned at length
Senator Walsh, told the committee
that Full was on the "delinquent tax
list in 1919 but had assured county
officials thnt the $8000 due would be
paid promptly when errors in assess
ments were corrected."
Senator Walsh then submitted an
affidavit from the present county
treasurer saying that Fall had paid
in June, 1922, ail his delinquent taxes,
running back as fur as 1912.
Examination of the witness was
conducted almost wholly by Senator
Walsh. The story thus brought out
from Magee was that he negotiated
In 1920 with Fall for purchase of the
Albuquerque State Tribune; that Fall
declared he was "completely broke,"
was unable to keep up his ranch and
(Continued on Page Three)
ATLANTA AUDITORIUM
Farrar appared in Atlanta three
years ago In "Zaza." her acting in
that performance "made it impossible
for a church to permit the use of its
facilities for her appearance In con
cert." according to a format state
ment issued by Dr. John W. Ham.
pastor of the Baptist tabernacle, in
which he announced she could not
appear In his church's auditorium.
Dr. W. H. Laprade, Jr., presiding
elder of the North Atlanta Methodist
district was the first to start pro
ceedings to bar Miss Farrar from a
church appearance.
SECRETARY
INTERIOR
01 NEST?
LOST GIRL
IS
Nellie Curtin, 23, Missing Se
attle School Teacher, Is
Found in Men's Clothing
Unconscious in British Co
lumbia City Thrilling Story
of Strange Case.
VANCOUVER, B. C, Nov. 30.
Seattle police and sisters of Miss
Nellie Austin, 23, Seattle school
teacher, who was found here uncon
scious Wednesiluy night, disagreed to
day us to the manner in which she
left her home last Sunday night.
Meantime those Interested were wait
ing for Miss Austin to recover con
sciousness in the hospital to which she
was taken, so she might settle the
dispute.
The sisters, Misses A. and Georgle
Austin of Seuttlo, who arrived here
last night, asserted that the teacher
did not leave her home of her own
free will.
Sergeant W. E. Carr and Patrolman
S. E. Jennings of the Seattle police
force, who identified Miss Austin here
last night, declared that she left her
home because of trouble with her
sisters. In support of their theory,
the policemen issued a detailed state
ment of what they said were the
movements of the girl after she left
home. They said she wore a hiking
.costume under her dress when she
left home." ' - . '
"Nothing will malte me believe that
Nell left home of her own free will,"
Miss A. Austin, the older sister, told
police. I deny that there was any
trouble between us. Some person has
ciirriuu ner un ur compviiuu nwr iu
! i'n with thorn "
Miss Georgle made a similar declar
ation. The two sisters probably will
be allowed to visit the sister today if
she recovers consciousness
. No EvidciM-e of Violence
Hospital authorities say the missing
girl has not been subjected to any
violence nor had sho been given drugs
of any kind, but was suffering from
exhaustion and a nervous breakdown,
lier condition was such lost night thnt
doctors decided it was inadvisable for
her sisters to see her until today.
"Sho left to go to church and was
dressed in a velvet dress, hat and
coat." the older sister said of Miss
Austin's disappearance. "When found,
I am told, she was wearing a hiking
suit. This suit wus in the basement
of the home where we lived and it
was quite easy for any person, wish
ing to give the impression that she
left voluntarily, to get it and dress
her In it.
"I have always acted as a sort of
mother to Nell and Georgie and we
were very happy in Seattle. Nellie
came there last August and secured a
position on the staff of the Highland
Park school. She was doing splen
didly there and her work was favor
ably commented on by the principal.
So nie person has carried her off or
compelled her to go with them. She
never left home on her own accord.!"
A similar declaration was made by
Miss Georgle Austin. Both sisters
identified the clothing worn by the
school teacher when found here.
DlssenHlon In Homo
Sergeant Carr stated that he had
good reasons to believe that the
teacher left home on account of dis
sension and decided to come to Van
couver where she Is known to have
friends.
In recounting how he and Patrol
man Jennings traced the girl, Ser
geant Carr said:
"I had information, following tho
disappearance of the girl, that there
had been dissension among the sisters
and on Monday went to the home of
Mrs. Margaret McLean, where they
lived In Seattle, to investigate.
"While at the McLean house a Mr.
R. F. Barnett, 649 North Eighteenth
street, came to the house and said
that he had read of the disappearance
of the girl and believed that he had
some Information.
"Barnett said that he had been
near Bothell, just outside of Seattle,
Sunday night, when he picked up a
'boy In hiking costume. The 'boy'
gave thfi-name of 'Clarence' and said
he was going to Canada. The stran
ger was given a 'lift and requested to
be carried as far as Everett. Before
reaching Everett Mr. Barnett discov
ered his passenger was a girl.
How Trail Was Followed
"I asked the sisters if Nellie had a
hiking costume and, when they re
piled in the affirmative and It could
not be found in the house, I knew we
were on the right trail.
"We followed the road from Bo
thell. Near Everett we found two
men driving a milk truck who re
membered seeing a girl answering the
description we gave, near that town
Monday n'ornlng.
VANCOUVER
(Continued on Page Seven)
60-Day Jail : Sentence Willv
Make' "Martyred'' Official of
' ; New York City's Next Mayorl
JMllf . .... t , ...
'Cb'ii PTRO LLE R CHARLES L.' CRAIG ' ' '
MEW. YORK Sixty days behind the bars in Essex County jail
will punish Comptroller Charles Craig of New York City for the
offense of criticising Federal Judge Mayer, but it will also make him
mayor of the citv; of New York, hi, friends here believe.
Odds of IS to 1 are being offered in Wall Street to this effect.
Craig has refused to appeal the case, and declares himself ready to
Ko to prison. Friends are active to prevent the carrying out ol
the. sentence.
Craig's aide, Henry Smith, died of heart failure due to the
hock of his chief's Aomroitmcnt.
A
E
IS
LAST
Dr. Marx and Ex-Chancellor
Streseman Finally Succeed
in Forming 3-Party Coali
tion Little Hope for Per
manence Seen.
BERLIN, Nov. 30. (Ty the Asso
ciated Press.) Official announcement
of the formation of the new three
party coalition cabinet for Oermnny
with Dr. Wilhelm Marx as chancel
lor and ex-Streseuiann as foreign min
ister, was made this afternoon.
No great enthusiasm Is displayed
over the saving by a narrow margin
of the country's parliamentary system
through this solution of the cabinet
crisis.
It is generally agreed that .the crisis
of the past eight days has shown thnt
the Marx cabinet ' presents virtually
the only possible combination before
the resort to a. dissolution of parlia
ment. The press comment indicates that
no pronounced new note In German
policy Is expected to lie Btruck by tho
new chancellor. "Wo cannot expect
a policy of great Ideas from him," says
the Togcbiutt, and the general feel
ing seems to be that he will seed all
hlB reputed faculties for conciliation
and compromise to steer a successful
middle course between the national
ists and the socialists.
In the reichstng, tho new govern
ment has only 173 active supporters,
but the socialists are reported to be
wllllngto refrain from creating diffi
culties If the foreign policy of Dr.
Stresemnnn ''the, inevitable S)treBe
mann." the Deutsche Neltung calls
him Is continued.
Tho new cabinet will be Immedi
ately faced with grave problems In
connection with the food supply, cur
rency and taxation and whether Dr.
Marx will be able to carry on until the
elections enrly in 1924 the near future
Is expected to show.
NEW
IAN
GOV
RNMENT
FORMED AT
DEPT. OF JUSTICE
TAKES NOTICE OF
CRAIG JAIL CASE
NEW YORK, Nov. 30. United
States Attorney William Hayword has
boon asked to forward to the depart'
ment of justice at thq oarliest possi
ble moment his recommendation in tho
case of Comptroller Charles L. Craig,
who has been sentenced to sixty days
In Jail by Federal Judge Mayer for
contempt.
Mr. Hayward said he would confer
with Judge Mayer, before making his
report.
Application for a presidential par
don for Craig has been made by Son-
ator Copeland, although Craig has re
fused to take such a stop himself.
The sentence was Imposed after
Craig wrote to a public service com
mlssioner that Judge Mayer had de
nled the city access to Information
about tho Brooklyn Rapid Trunslt com
pany, which was then fn receivership.
Crulg had nuked that he be appointed
co-receiver because the company uses
subways financed by the city. The
court appointed as receiver Llndley
M. Garrison, formerly secretnry of
war. Tho receivership ended soma
time prior to the recent decision of the
supreme court upholding Craig's sen
tence in a divided opinion.
Much criticism as to the powers of
Judges and discussion about tlio rights
of free speech have developed from
the case and the possibility of It being
an issue in the coming national cam
paign has been considered.
Death Toll of :
the Automobile
SAN FRANCISCO, Nov. 30. Four
persons were killed and thirteen oth
ers Injured In Thanksgiving day auto
mobile accidents due chiefly to' slip
pery condition of bay district roads.
The dead:
Joe Bubbal, Santa Rost; Frank Van
Someren of Oakland; Mrs. 0. F. Iw
lr of Vallojo and Corado Mantilo, of
Arizona,
Song "Sweetest Story
Ever Told," Causes
Doctor to Suicide
SEATTLE, Nov. 30. Emotion
generated by an old melody, "tho
Sweetest Story Ever Told." cans-
ed Dr. Albert F. Mattice, an oc-
culist of tills city, to shoot him-
self dead yesterday at a Thanks-
giving muslcnle in the home of a
friend, Dr. F. B. Whiting, Coroner
Corson declared today. Dr. Mat-
tlce, who was uu eye specialist
4 with the A. E. F. In France, had
been 111 recently.
Dr. Whiting on a trombone and
MrB. Harriet Franco at a piano
had juHt finished tho melody. A
shot rang out from an alcove of
the music room. Dr. Mattice had
found a pistol on a bench there.
Ho died Instantly from a bullet
wound In his head.
DUMB
S. P. Bandit Suspects in
Bangor, Maine, . Released,
But Active Search Being
Conducted in Wisconsin Me
tropolis Reported in Qwen,
Wisconsin.
BANGOR, Maine, Nov. 30. Two
men taken Into custody at Enfield
Wednesdny on suspicion thnt they
woro two of the D'Autremont broth
ers wanted for a truln robbery In
Oregon October 11, were arraigned in
the municipal court hero today on a
technical charge of vagrancy and dis
charged. "While one of the men bore
a marked resemblance . to Hugh
D'Autremont, tho younger of the ban
dit trio, the officers were satisfied
that ho was not one of tho men
wanted.
MILWAUKEE. Nov. 30. Search
for the three U'Autremont brothers,
nought as the men who held up a
Southern Pacific train in Orogon Oc
tober 11 and killed four men, switched
to this city yeHterday when the sheriff
of Fond du Dae county telephoned
thnt three men closely answering the
descriptions of the brothers, left
Owen, Wis., for Milwaukee.
Southern Pacific private detectives
and government operatives arrived
hare last night to Join tho search.
Captain Harry McCrory of tho dotec
tlve force hero was confident that the
brothers. If thoy came here, were still
in Milwuukeo, for ho Baid ruilways
and highways had been closely
watched since the report of their
suspected presenco was received...
BANQOTl, Maine, Nov. 80. The
younger of two men arrested at En
field Wedncsdny boars a marked re
semblance to Hugh D'Autromont, 10,
who is sought in connection with the
robbory of a Bouthorn Pacific train at
Hlsktyou, Ore., on October 11 in which
four mon were shot and killed, Sheriff
Fernandoz said last night.
The men were nrrentcd because of
their resemblance to Hoy and Hugh
D'Autremont, brothers. They will be
further examined and given a hearing
on a charge of vagrancy in the munic
ipal court. They were described as
woodsmen. ' '
Hhorlff Fernandez said he was con
vinced the elder of the two men being
hold is not one of the men wanted.
(Continued on Page Seven)
NOW REPORTED
MILWAUKEE
RENE CASTLE IS MARRIED TO FREDERICK
CHICAGO, Nov. 80. Ireno Castle,
the. dancer and Frederick McLaugh
lin, wealthy Chicago coffee merchant,
were married here Wednesday even
ing, It was learned today.
The niarrlnge took place at the Mc
Laughlin residence, 136 north Mich
igan avenue and was a very quiet cer.
emony. Tho newlyweds left Chicago
last night for the west.
Tho. news that the widow of Ver
non Castle, war hero, who lost his
life while en aviator instructor In
Texas nnd Inter the wife of Captain
Hobert Tromnln, from whom she was
divorced In Paris, was confirmed at
the offices of W. F. McLaughlin and
w
IN BEVERLY
SPEED RACE
Harry Hartz Mows Down Two
Men Before Race Starts,
Shafer Crashes Into Pits In
juring Many Bennett Hill
Winner, Jimmy Murphy in
Second Place.
liOS ANGELES, Nov. 30. Harry
Hartz, automobile race driver whose
car yestorday struck and killed two
men and injured a third at the speed
way hero appeared today at the sher
iff's office and made a statement la
which he reiterated that the practice
lap he was making when the fatalities
occurred was not an extraordinary
proceeding and waa made with the
permlsslson of Starter Fred Wagner.
Hartz said he could not have been
traveling mora than 80 or 90 miles an
hour. . . . .
; The race driver added that his car
"almost was at a stop when I passed
the starting line," alter completing the
lap. ,
Starter Wagner last night Issued a
statement In which he attributed the
fatalities to a misunderstanding, add
ing "I told Hartz to go around and
then pull in behind the other cars. He
did not do'so' s )iJ;-T-iV
An Inquest will be' held on the
bodieB of tho victims, George S. Wade,
KaiiHus City sportsman and Russell
Hughes, a news photographer.
LOS A NQELES, Nov, ' 30. Track,
and grandstands at Beverly Hills
speedway were deserted today. The
big howl's racing career was ended,
after a final Thanksgiving contest
marred by accidents bringing death to
two persons and injury to several oth
ers. Harry Hartz, one of the sixteen
drivers who yesterday awaited the
starter's flag, was to appear at the
sheriff's office today to make a de
tailed statement concerning the acci
dent in which his car struck and kill
ed George S. Wnde, Kansas City
Bportsman, nnd Russell Hughes, news
photographer, and seriously Injured
Jimmle Leo, mechanic of Indianapo
lis. According to Hartz and Starter Fred
Wagner, the fatalities, which occurred
while the cars were being lined up for
the race, were the result of a misun
derstanding. Hartz said he made a
tour of the track under Instructions
from Wagner and did not realize that
he would not have a clear course
ahead until almost upon the cars clus
tered at the starting line..,',." "'
To avoid hitting thorn he swerved
through the narrow lane still free. ot
cars and apparently open to him but
In his headlong course the car mowed
down three men. V
Photographer Is Killed ' '
One was the photographer who had
snapped his picture just a moment be
fore; and another, Wade, owner ot the
car to be driven by Harlan Fengler,'
had just called out to the youthful
driver: "Give it to 'em Harlan.. Show
'em what It can do."
Hartz dropped out, heartbroken, but
the others lined up again and the
race started. The other mishaps oc
curred before Bennett Hill, driving
113.44 miles an hour, flashed over the
(Continued on Pago Seven)
company of which the bridegroena
secretary and treasurer. :.'' .
Major McLaughlin is a son of the.
Into W. F. McLaughlin, pioneer Chi-;
cngo coffee merchant, an4 was a Har-
vard graduate of 1901. His elder'
brother, George D. McLaughlin, suc
ceeded their father as head of the
company. v i
Tho bridegroom In 1917 after the:
United States entered the World Wr
became a major of cavalry, officers
reserve corps. He also has been mar
ried previously, his first wife hav
ing been Helen Klnnear Wylie, the.
duughtor of William A. Wylie of Bal-
tlmore, from whom he whs divorced
In 1910. Ho la a polo enthusiast, ..