Medford mail tribune., June 15, 1925, Page 1, Image 1

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Weaflier Year Ago
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Maximum yesterday 74
Minimum today 41.5
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Dally Twentieth Ytir.
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. MEDFORD. OREGON", MONDAY, JUNE 1",, 102")
NO. 7:$
ORE
UIT
&m Mail' Tribune
Gil
LOSES
WARRENCO.
WINS LONG
FOUBHTCASE
Federal Judge Bean Decides
Against State Highway
Commission in Action for
Damages and Infringement
j of Patent Clarke-Henry
Co- Involved As Defendant.
PORTLAND, Ore., June 15. Fed
eral Judge Robert S. Bean decided to
day against the state highway com
mission In the suit of the Warren
Brothers company against Glen 12.
Kibbe, and othors, for dnmages in
cluding royalties, for alleged infringe
ment of patent. About $soo, ooo ih in-
volved in the case, including a claim
against the highway commission for
$260,000 for royalty of 25 cents a
yard on about 1,000,000 yards' of
pavement, and for triple damages and
interest.
The litigation was the outgrowth of
the acts of the highway commission
under a law passed by the legislature
In 1910. In awarding road work to ten
different contractors, using materials
which the attorney general had ruled
did not Infringe the Warren patent.
The law authorized the commission
in riffle Inln onntfiiota f.n- lnvtiiir
pavement with provision that the I
state would Indemnify the contractors
for any damages sustained In case of
successful suit for patent infringe
ment by Warrent Brothers or others.
This law also provided! that those con
tractors should not pay royalties on
:the ..various.Hypos of pavenietit the'
attorney general had pronounced not
protected by a valid patent, but that
tho state would Indemnify' them
r gainst suits for Infringement of
patents.
After this law had gone Into effect
the highway commission let work to
ten different contractors for some
1,000.000 square yards of pavement.
All of these contracts called for a
type of pavement which the "Warren
Brothers company declared' came
within the specifications of its pat
ents. In 1922 this company sued Oscar
Huber, one of the ten successful bid
ders for road pnvlng for infringement
of patent. Attorney General Van
Winkle defended the contractor on
the ground that tho patent was not
valid.
Judge Bean then decided that the
patent of Warren Brothers company
was valid and upheld the verdict of
the United States court of appeals at
San Francisco. This last decision was
given early In 1925. In the meantime
Huber died nt his homo In this city.
When It was held that the patent
was" valid, the comptiny at once
brought damage suits against the oth
er nine contractors -and their bonds as
, well as against the state highway
commission.
Again the stato took up the battle.
It moved to have the Butt dismissed
because the highway commission Is a
9 part of the state and under the
amendment to the federal constitu
tion no state can be sued against its
will. But Judge Bean held that the
state highway commission is not the
state and that It may be sued. He also
declared that the 1919 law gave per
mission to sue the state In the matter
of road paving patents and therefore
the constitutional grounds for dis
mission would not stand.
Another angle to the suit is that
the defendants other than Kibbe ob
jected to being joined in the same
suit, demanding that each be sued
under a separate action at law.
Judge Bean ruled that the facts
and questions of law are the same In
each case, and that they could be
tried together without Injury to any
defendant. He said the law gave the
right to federal courts of equity to
prevent multiplicity of cases and that
he would overrule the motion for sep
arate trials. -
fPnntinuwl on Par Rltrhtl
E
DECLARATION AGIST GREAT BRITIAN
PEKING. Anne 15. Chinese stu -
dents merchants, shop keepers and
workmen in the largest demonstra
tion made hera during the present
troubles today went to the foreign
office and demanded that the Chi
nese government wver relations with
Great Britain and instruct
the -tu-
tnn r,L Hunknw forciblv to take pos
session of the British concession
there.
Fenring violence the foreign legn-
National Guard Boy
at West Point Is
Awarded High Honor
.
SALEM, Ore.. June 15. Carl
W. Holcomb of Salem was one of
the graduates from the United
States military academy at West
Point on June 12, ranking 47 In
a class of 244 graduntes. He re-
celved 2489 points, the highest In
the class being 2706. '
He was graduated from Salem
high school In February, 1918,
entered the Oregon national
guard and was appointed to West
Point in 1921.
.
MEXICO'S REPLY
10 KELLOGG IS
BELLICOSE ONE
prpciHpnt PallmQ nprlarpQ II
rie&IUeni UdlieS UeCldfeS U.
Pronouncement a Threat
and Impertinence No Na
tion Has Right to Interfere
With Mexican Affairs.
i
WASHINGTON, June 15. Secre
tary Kellogg's statement of last Frl-
y concerning conditions In Mexico,
has drawn an equally plain worded
renlv from President Calles who
gards as an Insult the implication Pex" motive suggested by the den
that Mexicq Is on trial before the tlf his oonfossiont Assistant rls
world in the guise of a defendant. t, lct Attorney Harold Davis, said. He
President Calles' answer, issued declared, evidence, to combut on in
through the Mexican embassy here sanity defense, plea Is being aceu
yesterday declared Mr. Kellogg's pro-muIlited and It was expected to show
nouncement embodied a "threat" to "wealth complex," probably involv
the sovereignty of Mexico and he nS conspiracy to obtain the million
deemed it "a duty for my country to dollar Grogan estate. ; :
rectify such statements as required ... . .
by truth and justice." LOS ANGELES, June , 15. Con-
Secretary Kellogg had declared the vinced they have perfected a chain
administration would support the of evidence to prove that Dr. Thomas
present Mexican regime "only so Young, Los Angeles dentist, killed
long as It protects American lives nla lfe. Qc Grogan Young. wid
and American rights and American ow of the lflt0 ratrlck Grogan,
companies" .known during his life time as "tho
It is believed here that tho dis-'Itve Independent of Young's
cusslon which has been conducted confession, representatives of the
through the press will rest for a time district attorney's office concerned
at least, until President Calles de- themselves today with establishing a
cides to continue it through dlplo- motive.
matic channels. The first object of their search was
Secretary Kellogg is not expected ' wTII which they had been Informed
to add to his own statement. Charles Patrick Grogan, 18 year old
Officials here who knew of the son of tho slain woman, had made in
reports which formed the basis of tavot of Young within the past fort
Mr. Kellogg's statement, were sur-"ight. at the request of Young. Young
prised at President Calles' interpre- Grogan. who was the principal heir
tatinn of it as a threat and an in- to his father's estate, had continued
suit. The wording of the 8ecre- to live with his stepfather up to the
tary's pronouncement, in their opln- moment he learned the father had
ion, was both cautious and mode- confessed to killing the mother and
rate contriving to have the son unwlt-
Mcxlco. President Calles said, in'11" ai m sealing the body up
Klo Mono nnt nnnm-rl tn flnV in a CIBtem.
, i ...... u -i.,u ... I I
vene in her domestic affairs, nor is wife by administering an nnaesthe
she disposed to subordinate her in- tic because of disagreement over the
ternal relations to the texlgencies of fa that she insisted on being the
another country." boss" in their home and that she
The president expressed regret that'had laPPl "1m In the face during
Mr. Kellogg made mention of reports. a rre In cafe'
of Impending revolution in Mexico. What Investigators regarded as the
but It "tends to cast some alarm' Iast step in their chain of evidence
WA(.m r(.M,HinV onnditions connecting Young with the killing
ther ' i
Mr. Kellogg's statement was based
on much Information placed before
him by his aides, some of it alleging
thai nmrtv nwnH iw Amprirono in
Mexico had been seized by so-called accomplice to aid him in concealing
agrarians without due legal process. I the slaying and supporting his story
The labor situation in Mexico and, that Mrs. Young had voluntarily dls
that 'government's suspension of ser-, appeared after a quarrel on the night
vine on her debt contracted with of February 21 last was also under
bankers of this and other coun
tries also have caused Washing
ton officials some anxiety.
Xn Rrtilv at Present.
"WASHINGTON, Juno 15. (A. P.).da8
Washington officials grave no Indl
cation today that a public reply
would be made to President Calles'
fOontlntiflrt on Pin P!leht
Hions
mounted machine guns and
prepared wire entanglements for use
in an emergency. Legation guards
were held at their quarters for In
stant availability.
The monster demonstration in the
streets occurred in spite of official
orders cancelling the proposed strike
for today.
Inflammatory speeches were made
at a,mHS meeting preceding the
rml which was held without dis-(
i url.ri m ex,
I.A.OENIISI
HE
KIlLfWIFE
Woman Who Disappeared
Last February, Was Killed
By Husband Who Carried
On Correspondence to Keep
Crime' Secret Deceased
Was Widow of Olive King.
LOS ANGELES, June 1G. (A. P.)
An inquest into the death of Grace
Grogan Young, widow of the late
millionaire olive producer, Patrick
Grogan, was set for this afternoon
at Hollywood, with Dr. Thomas
Young, dentist, whose confession of
slaying her by liquid gas was an
nounced Saturday night by the dis
trict attorney, as the principal' wit
ness. Dr. Young was confined Incommu
nicado during the night in the Bev
erly Hills jail, not far from the Bev
erly Glen canyon cabin of the
Youngs, in which, Jn a basement cis
tern, cemented over, the body of the
woman was recovered after midnight
Saturday. Jailers said today that the
dentist was calm and composed and
continued to dlBcuss freely the death
of his wife.
New evidence was being gathered
re-itodfty to combat the "murder com
ADMITS
-
Young has Insisted he killed his
was the finding yestorday near tho
8cene of the killing of k rubber
cone which Young said ho used In
administering the anaesthetic,
The possibility that Young had an
consideration by the Investigators.
According to relatives of Mrs. Young
the son continued to receive letters
which he believed to be from his
mother up to within the past few
The officers are trying, to learn
who mailed them In the east.
NEW YORK, Jun'e 15. (A. P.)
Dr. Thomas W. Young of Los Ange
les, who has confessed that he slew
his wife, tried to keep up the hias
querade that she had vanished unac
countably by writing letters of in
quiry to her friends, Mrs. Sigurd Na
than of Brooklyn disclosed today.
Mrs. Nathan, friend of Mrs. Young,
exihlbited two letters purporting to
come from Dr. Young since his wife
disappeared. The letters made in
quiry Into his wife's whereabouts.
Dr. Young even addressed two
typewritten letters to his wife In care"
of Mrs. Nathan. Patrick Grogan,
the slain woman's son, also wrote
his mother tn care of Mrs. Nathan. I
Young's first letter, received In
March, Mrs. Nathan stated, referred
to "Grace, as a wonderful wife and
-devoted mother to Patrick."
This letter said that Mis. Young
had disappeared on the night they
pa-'had motored out to the Blltmore.
, .
(Continued on Pnge Right)
Prettiest Washington "Deb"
if A
, Miss Lcnorc Scullin is considered the prettiest of the girls
umiouiiccd its a debutante of next season in the notional capital.
She is the daughter of Mrs. I.ee Warren.
WSISSPOEE 1ELLS WORK OPPOSED
OF OPPOSITION TO CHILD LABOR
TOlENGAGEMENT RESTRICTIONS
Girl, Engaged to Billy McClin
tock, Who Spent Winter in
Grants Pass Tells Simple
Story of Her Romance
Shepherd Wins Point. .
CHICAGO, June 16.-(A. P.) Miss
Isabelle Pope( "Billy" McCllntock's
childhood sweetheart, who waited
with a marriage license while he died
of typhoid fever, took the witness
stand in the Shepherd murder trial
late today. As outlined In advance by
the state, which chnrges William Dar
ling Shepherd induced the fatal di
sease, by administering germs. Miss
Pope was to deal with the Shepherds'
opposition to her marriage with the
youth who recently had come Into
possession of his $1,000,000, and how
they successfully restrained it until
Billy lapsed Into the coma preceding
death, which prevented the ceremony.
The young woman, who recently
arrived here from Grants Pass, Ore
gon, spoke In a clear distinct tono and
seemed remarkably . self possessed.
She was questioned by Assistant
State's Attorney Joseph Savage.
Her testimony sped smoothly thru
her childhood acquaintance with Billy
McClintoofe, the love into which it
ripened and their engagement. When
she sought to explain what caused
friction with the Shepherds her tesll-
'mony was broken by successful ob
jections by the defense and Miss Pope
was forced to eliminate anything
which concerned Mrs. Shepherd. ,
CHICAGO, June 15. (A. P.) One
of the witnesses depended upon by
the state to identify William Darling
Shepherd as having displayed interest
In bacteriology and introduction of
typhoid germs Into a human body
prior to the death of William Nelson
McCllntock. for which Shepherd Is on
trial for murder, wavered In his Iden
tification today.
Dr. Amante Rognetti gazed upon
fnontlniiwn nn Pure KUrhM
Wanted 100 Cars nt Onrc
If the National Guard boys are
to, be taken to Crater Lake, the
. committee must have 100 more
automobiles at once. This was
the announcement made today by
Seely Hall, leader of the car
drive. To date no cars have been
pledged by Ashland so it looks
4 as though Med ford must do the
5 Job If It is done.
9
v fr
Secy, of Interior Gives Colo
rado Students Address On
Life Problems Hard Work
Good for Morals Jazz
Spirit Flayed.
; BOULDER, Colo.., June 15 (A. P.)
Urging tho-members of tho graduat
lng class of the University of Colorado
to utilize -their education for leader
snip, striving Tor servlco and success
Ih thou life's; work. Secretary of tho
Interior . Huliert Work, in tho com
mencement address nere lortny
ralghed the "jazz spirit" of the pres
ent day. ' ' ' " .
; "College graduates . ore becoming
criminals in alarming numbers," he
said. "Hither because of meager men
tullty. superficial schooling or lack of
mo ml stamina, and thoughtful mon
seek the reasons,"
Secretary Work, declared that "not
long ago education was looked upon
as an Insurance ngnlnsf the vicissi
tudes of life," but "now university
presidents consult ench other to dis
cover reasons for the failure of the
educated."
, Admittance to colleges and univer
sities should be more exacting. Secre
tary Work said, adding "colleges
should no longer be a poHslble refuge
for the Indolent or the temporary re
treat for a defective, but they should
be known as advanced schools for the
new aristocracy of mind and morals
to, which Intellect and Industry are
prerequisites for admission.
"College neither makes nor mars
boys, it only speeds them on tho way
they have already started," he said,
but warning the graduates that "pre
paration for life's responsibilities h
not made at four o'clock teas, Jhzz
parties at night or unrestricted social
congregation of the Immature."
Speaking of the proposed child
labor amendment to the constitution,
Secretary Work said, "the alarming
organizations of youthful criminal?
are not being recruited from working
boys nor do working girls become a
prey to sex reactions. Federal activ
ity should not be concerned with do
mestic relations but confine Itself to
the administration of the country s
business."
Touching on the evolution theory.
Secretary Work said:'
" Evolution of man may well be
thought us a theory, not necessarily
In antagonism to the theory which ac
cepts the evolution of the spirit leiul-
Ing to a higher life, nor in reftitittlnn
-a
i
of the teaching of the Bible, pre
scribed In many srnnnlH,"
Attempt to Break
Jail at Yreka, Cal.,
With a Tea Spoon
YRKKA, Cnl., Juno 15. Pour
prisoners at tho county jail horo
attnmiiti'd to escape yesterday by
cutting their way throimh the
brick wall of the jail. I'sinK a
spoon nntl a flat Iron, tliey bad
removed several bricks from tlio
Inside facinK of tlie wall when
Deputy Sheriff Sam McGot'foy
came upon them.
IN N. YORK CI1Y
Former Directing Head of S P.
and One of America's Best
Known Railroad Men Victim
of Heart Attack Following
Minor Operation.
NEW YORK, Juno 15. Julius
Kruttschnttt, former chairman of the
bon rd and d i root in g h end of tho
Southern Pacific company, died to
day. Mr. Kruttschnltt died at the Pres
byterian hospital at three o'clock
this morning. He was taken to the
hospital three weeks ago for n minor
operation and apparently- was re
covering 'when an 'unexpected heart
attack set In, causing his death.
1 Funeral arrangements hod not boon
made, but bis former railroad asso
ciates suid that ho probably would bo
hurled at New Orleans, his old home.
Mr. Kruttschnitt's retirement May
31, last, closed a career, covering
more thnri 48 years In a servivo of
America's carriers, which culminated
in his assuming . the supervision of
tho Southern Pacific ns tho heir of
the Harrlman tradition in railroad
ing. His ceding of active management
was In deference to the road's .rule
that Its executives should give up
the reins when they reached tho age
of throe score and ten and was not
due to any apparent lessening of his
personal qualifications. The first
intimation of Impaired health came
threo weeks ago when it was learn
ed ho had sustained the heart at
tack, which proved .fatal today.
Under the Kruttschnltt director
ship, tho Southern Pacific grow in
12 years from a road of 10,000 miles
with annual earnings of $143,000,000
to 10 000 miles and earnings of more
than '$:100.000,000. placing It third In
tho list of national carriers. Ho was
reported to be one of a group of
half a dozen executives whoso annual
salaries exceeded $100,000.
Born in New Orleans, July 30, 18fi4,
'he futuro commander In chief of the
Harrlman lines graduated from
Washington and Lee university nlne
oen years later with the degree of
civil engineer. After five years as a
school teacher, ho entered the ser
vices of the Louisiana and Texas rail
road, now a part of tho Southern Pa
cific, ns a resident engineer. He at
tracted tho attention of 10. H. Harrl
man in lflOO when that railroad Na
poleon had obtained control of the
Houlhern Pacific. In 1004 his Juris
diction was widened to control opera
tion of the Union Pacific and further
extensions of Kruttschnltt control
wero recorded In railroad annals from
time to time until tho death of the
elder Harrlman. In addition to his
commanding position In tho transpor
tation field, Mr. Kruttschnltt was a
director and member of the executive
committee of tho Western Union
Telegraph company and of tho Harrl
man National bank and U. 8. Mort
gage and Trust company
OWA AGAIN SWEPT
LEAVING PATH
DISS MOINES, Iowa. Juno 15. (A.
P.) Vlrtuully every section of Iowa
was visited last night by severe elec
trical and wind storms and torrential
rain. A survey of tho nffected terri
tory today revealed that largo areas
of crops has been washed out or
Inundated, scores of bridges were
carried away by high st renins and
railroad tracks were washed out in
numerous instances, causing serious
interruption to traffic.
UNr.VM-M:. (own, Juno 15. (A.
.KRunscuien
DIES SUDDENLY
F
RISCO
1
IN 20 YEARS
Fireman Killed and Over $3
000,000 Damage Sustained
in Fire Which Destroy s
Stock Yard Area Thous
ands of Cattle Turned Loose
Roam About City.
SAN FRANCISCO, Juno 15. Two
flreB, nmong tho worst that have
tioen expel'lonced since tho city was
partially destroyed by flames In 1906,
last night claimed tho life of .Lieu
tenant J. C. Herllhy of tho fire de
partment and causod damapo approx
imated at a total of $3,000,000.
Tho larger of tho two fires swept
away the wholesale butcher plants
of tho Miller and Lux company and
J. O. Johnson and partially destroy
ed tho wholesale butcher plant of
Henry Levy company In. the Double
block bounded by Third, Fifth. Ar
thur and Evans streots in the Bay
view district, in what is known as
tho Old SlauKhter. Houso district
south of the Industrial areas of tho
city. ,
Thousands of cattle brought hero
for slaughter front many poinlB in
tho west wore tsrned loose as tho
fire reached tholr pens and the po
lice and gangs from tho destroyed
abhatotrs wero preparing for an old
fashioned rorndup today as soon as
temporary pens can bo thrown to
gethor. , Tho fire Is supposed to have start
,ea from a leaky oil food under ft
boiler In tho Millet' and Lux plant. ;
Lieutenant Herllhy lost his life In.
the confectionery plant of Be.r.g
Ilrothers on Clay street, neur : tho
commission market district -when he;
was trapped in a basement h after
two other firemen had been removed;
unconscious from the structure. 1 Jlor.
lihy and ills companions, in tha baso-i
Inont had been overcome by Binoko. -
Tho damage to the Miller and Lux
plant alone waB estimated at 12,000,
000 while tho Johnson plant loss was
estimated at $600,000. Tho loss to
tho Levy company was estimated ut
$100,000.
. Nntlonal.
At Pittsburg K. H. . B. ..
New York 6 7 'il l
Pittsburg .'.7 1 ' '."1
Scott. Greenfield nnd Snyder; .Mor
rison, Adams and Smith, Gooch; ''
At Chlrngo
Boston
R.
..4
H.
13 :
Chicago .8 ' IS
Oenewlch, Marquard and p'Nolll;;1
Jones nnd Hartnett. ' .'' "1
At Cincinnati
Brooklyn i 3 ' 2
Cincinnati .6 ; 8 0
Bhrhardt, Osborno and Taylor;
Donohuo nnd Wlngo. J
American.
At Boston R.'. H.'
B.
Chicago 6 12 2
Boston 13 ' 15 ' 1
Cvengroa, TJiurston. M a o k and
Schnlk, Crouso; Ruffing and Hcvlng.
At Philadelphia R, ' H. .13.
Cleveland IS 24 0
Philadelphia 17 19 2
Miller, Hpeoco, Yowell. Uhle and
Myntt; Uommel, Baumgartner, Hel
mach, Stokes, Glass, Walberg . and
Perkins, Berry, Cochrane.- t '.i' ' .
Chas. W. Phelps and Frits Schwnn
of Weed. Calif., autoed to Medford
yesterday nnd spent Sunday visiting
with A. F. Ktennott.
BY TORNADO '
OF RUIN AND DEATH
P.) . Reports reaching here say n tor
nado struck Princeton, Mo., early to
day, unroofing a number of houses
and demolishing one brick business
building. All communication lines
with the town are out of order
MANCHESTER, Iowa. Juno 15.
(A. P.) Proporty damage estimated
at 1100.000, complete Isolation of this
town und cessation of business and
loss of at least one Itfe, was the toll
of the cloudburst and subsequent flood
from the Maquoketa river in this vi
cinity Into Sunday.
BASEBALL SCORES