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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Nov. 3, 1925)
Ml CO' Tribune The Weather Prediction ..: Generally fair; continued coltl Maximum turtlay ft!. ft Minimum today U7 I'l-erlpltuiJon 01 Weather Year Ago Maximum 05 Minimum 63 Otllj Twentlrth Tut. WttlT riftr-fourtb T . MEDFORP, PRECOX, TITr'KDAY, XOVKMBKU r. 1925 NO. 193 vlcfor Hopper Honeymoons With 6th EX- Prince Takes First Harvard President Says Blood Reddest i Before Hits Brain Tumble Since He Returned From Trip MEDFoiD' Mail MITHITn 60 RANK FREED P. H. Bell, Sentenced to 10 ' Years in Prison . By Judge Thomas 18 Months Ago Has' Sentence Commuted By Governor Pierce -Will Make His Home in Portland. SALEM, Ore., Nov. 3. It became known here today that P. H. Hell, former cashier of the Bank of Ciold Hill, who was In the state peniten tiary doiner tlmn for embezzlement. was discharged tinder a commutation ! or"!aUn Hell was originally sentenced to serve ten years in prison. Recently Governor Pierce commuted the sent ence to two years, which he had served minus good time credits, or a total of 16 months. , It is understood here that the ex ecutive clemency extended Hell has the approval of many prominent southern Oregon people. - While at the prison Bell was a trusty employed in a clerical capacity in the prison office. The Gold Hill bank of which Bell was president and -cashier, closed its llnnH l M1.fih 1Q9J m.l on nnlnr was signed by the court ten dayB later to close up for liquidation. Depositors received 90 cents on the dollar. Hell, a quiet and retiring, man. entered a plea of guilty and was sent- enced to ten years in state prison by to a vote nciore nujoui-nmeni oi Circuit Judge C. M. Thomas. After chamber. the passing of sentence he was 1 broken-hearted and in a-high nervous PARIS. Nov. 3. (A. P.) Reatora state that lasted for two days. tlon of the French treasury and im- Hell made restitution as far as pos- provenient of the French financial slt sible and turned over his home in nation, where the American debt set Gold Hill. Citizens of Gold Hill were tlement Is one of the most important among, those who urged the governor- rentm,' dominates' the' ministerial to extend clemency. According to re- port hero, Hell s badly in need of financial assistance and local (fiends are endeavoring to secure the same. - I : ' PORTLAND, Ore., Nov. 3. (A. P.) O. A.- Ritun, Z0, tlmbermnn of this city, disappeared yesterday aflernonn nnd all efforts to trace him have been in vm. . .... 1 m km an nruve ner niiHitanii to the barber shop and while she parked the car around the corner he disap peared, not entering the barber'n. Mr. Ritun had' been for Home time suffering loss of memory. Daily Report on the Crime Wave KRLSO Wash., Nov. 3. Mrs. Cora Zack. demented mother of nine chll- dien, who has lived for 20 years on a lonely homestead in the upper DflDTI A Mn TIMDtD lumLttiiu Milium j MAN IS MISSING Knlama river valley, killed her it admits mat "grave events nave oc youngest son, Gilbert, five, by hack- curred." liw)B head off with an' axe. She The government says Itn this con wiST lip-ought here by the sheriff nection that it will maintain calm, nh after n neighbor had notified nu- nl"' Impartiality and restore peace thorltles of the tragedy. The Noted Dead PORTLAND, Ore., Nov. 3. (A. P.) C. K, Woodson, 63, prominent attor ney of Heppner and member of the University of Oregon board of regents died at St. incent's hospital at 7:30 last night from internal complications which followed , a failure of health during the past year. Woodson was on of the plonder attorneys of Hepp ner and Morrow county. He was for' two terms a representative from llmatllla nnd Morrow counties in the rtnte legislature. He Is survived by Mr widow and two dnughtei-H, Mar ftnrt and Hernlce, both students ut the University of Oregon. PETTING PARTIES ON TWIN PEAKS HIGHWAY HELD UP BY 3 BANDITS ' SAN FRANCISCO, . Nov. 1. Four teen automobile loads of sightseers nnd "petters" were grouped together ft- chance nn tho Twin Peaks houln vnt Inst night to see thllght of the city twinkle below them In the clear NoviViber dusk. Three young nuto 4ohllft bandits look full Ailintnge of the opportunity and went tnrough the NE WHAVEN. Conn., Nov. 3. When a self-styled red- blooded Harvard graduate asks A. Ijiwrence Lowell why the football tftim does not win, Harvard's president recalls that red blood Ls nioat red when it has not been through the brnln. He told thin nt a meeting of educators at Yale In deploring the college, student!1 hick of de- slre input. for intellectual develop- FRANCE PLANS F( Pleve Ministry De- dares Exceptional and lm- mediate Sacrifices Needed to Restore Franc U. Debt Must Be Settled. PAHI8, Nov. 3. (A. P.) The chamber of deputies tonight gave a vote of confidence to the new Painleve cabinet. PARIS. Nov. 3. (A. P.) The second 1 ninleve ministry may know lts f,1,e 1,,,e 11,18 evening. The pre- m'er' having accepted Immediate dis- cusaslon of interpolations on his gen- ei - ui poiu-y, mi io ium unuw declaration with which tne second I 'ninleve cnbfnet fnred parliament ''ay. Although emphatic In expressing determination to arrive nt a definite settlement of the debts to America and Knglnnd. the declaration does not NEW CAB NET N 3R SACRIFICES ,.,.-,, ,,- nlr, .,, ,..,, ui-,. Bree and not ln principle. suit mny be reached. It says: ' Applied to the present situation, "However Blent might be the inter- ,t ,B v(M.y eleal. that a crcumory. with nai effort of the country, it ennnot bolC1.s , milk cans, delivery trucks, definitely shelter the franc from al roceBa ot manufacturing, and fire risk so long ns we have not concluded rlak8 of (ne busnesfl requires treat an nccord on the wnr debts with the mt , ,ne way of regulation dlffer grent friendly nations. )ent fl.'om thnt appropi;lute to a mere "Therefore we Intend resolutely to pl.Vute dwelling." pursue, with the determination neces- i Property Taken sary to complete it. nn equitable so- , ..The property of the plaintiffs ls Union of the negotiations begun in not tnkcn 8ays lhe opinion further. London and Washington by the pre-. ..,. ,.,, tho .. .state ceding government.' "The effort that the nation Itself . will make to save itself-will at the' same time be the best guarantee for the success of the negotiations.' ! Solution of the financial crisis, the government holds, depends upon " i sacrifice, "national, exceptional and I ! immediate, to the end that the debts he reduced, the franc stabilized and the budget balnnced." j The reduction of the debts, the gov , eminent proposes tnxntlon on all ,10m s or n, .n. proceeos e applied outside of any budget require- inents solely to debt reduction and to be Independent of nil state control. The Moroccan menace has dlsap- peared. the declaration says, hut It Is less optimistic concerning Syria, where in wirin. Concerning the events themselves, I the government is seeking precise in I formation with which it will Inform parliament, nnd will take the neces sary measures to prevent recurrence of the trouble. ' PA FITS, Nov. 3. (A. P.) The par llamentary group of tho socialist par tv this mornlnir decided to nbstain from voting when the motion of con fidence-ln the new Painleve govern ment comes up in the chamber cf deputies. Goes Craiy In Air. PRAGUE. A government flier ha hod an unwonted thrill. Attacked suddenly up In the air by an insane passenger, he fought with one hand and with the other guided the plane safely to earth. , , fourteen enrs collecting more than i $200 at the points of two particularly j black looking r'oivers. Courteously enough, they refused to molest the 1 women and girls of the caravan, althn they Inst rich loot thereby. 0 TC''Inrk pursuit, they threw nwny the switch kWy of each car. A ot gun sqund was soon nn the scene, but lhe baigtu hajfd. UPHELD BY T By Four to Two, State Su preme Court Holds Cities , Have Right to Regulate Types of Buildings in Va rious Districts Creamery Denied Right to Build. SALEM. Ore., Nov. S. The consti tutionality of the Portlund zoning ordinance was upheld today by the supreme court when an opinion' re versing Judge Robert O. Morrow of the lower court was handed down in the case of Ernest Kroner and Frank Michels against the city of Portland, appellant. The opinion was written Justice Burnett. It was not unani mous. Justices Bean. Brown, Coahow nnH Rolf finnmit-i-Pil In the Rumett opinion, wmie oner justice AicBride ana justice nana wrote uiHueiiiins a opinions. i ' 1 UK lmilllllia III llio v.ijtc .1 vnu- ers of two lots at the southeast corner of east Thirteenth and Pine streets, Portland, where they undertook to construct a creamery. . They sued the city when the latter undertook to prevent them from ereoting the build ing. The plaintiffs contended that the zoning ordinance violated both the federal and the state constitutions In that R denled plaitlffs due process of ,aw an(, con8tituted a taking of tneh. ,lroperty without compensation. and denied tnem tne equai protection of tne laws. Upholds Police Powor "It is plain," says the opinion, "that governmental agencies entrusted with the police power, as the city of Port lund Is, can enact laws regulating the use of property for business purposes. Otherwise it would be permissablo to erect a -powder iMll -off site- of the Hotel Portland or to Install a glue factory next to the city hall or to COUR to-je,.ect a boiler shop adjacent to the pirKt congregational church. Such thngs wouiu be legitimate but for the ,.,,stl.alnt o( the police power. The ,iif,.,.PO hi.twnnn such Instances and tne p,.caent contention is in de- people of Portland have Bald Ih that within certain districts certain busl nessea Khull not be carried on and the property situated therein shall not be used for such undertakings. The case should have been settled on demurrer," concludes the opinion. In his dissent Chief Justice Mo Bride says that he Is "Frank to admit that the theory of" the majority is supported - by many reputable author ities, and perhaps by a majority in o( ,he later authorities, who , h thfl vailing idea In regard to the 'city beautiful,' as contradistinguished from the somewhat old fashioned Idea ' ' u " 1 , . UBe(ul . ., , " .j.1Kl,. McBrldo Justice McBrldo Dissents "I havo always felt," says Judge McBrlde, "4hat when a man Invested his means in a lot and proceeded to Improve It by the erection of any sort of building which, in Itself, or In the manner Intended to be used, was not a nuisance It was his right to do so: and that any abridgement of that right for the benefit of the public or for the sake of beauty or other reasons, constituted a taking of his property without compensation. It 1 la said In the prevailing opinion the I plaintiff still has his property, but berore the sonlng ordinance was passed, he had an unrestricted right to use it for any business not consti tuting a public or private nuisance. Now, he must confine its use to a particular object, or leave it vacant Htid unremuneratlve. " You take my house when you take that which doth support my house,' says Hhakeapeare, and I do not .sue any way around the proposi tion that, when the public deprives the owner of an element, which goes to make up the value of his property, to wit, the right to use it for any lawful purpose, not a nuisance or dangerous to the community. It takes from him an Interest In his property nnd is for that reason unconstitu tional." PORTLAND? Ore., Nov. . (A. P.) Marshall N. Dsnn, local newspaper man has been appointed as succesaor to W. II. MucLaren, us a member of the state parole board. Circuit Judge Aahhy C. Dickson, who was commissioned by Oovernor Pierce to Interview Dnna announced todny that Dana had accepted. Judge Dickson also stated that Judge Richard Delch had accepted nppolntment a a member ' of the battleship Oregon commission, suc ceeding ColoriM V. O. Worrltpw. How 'long will De Wolf Hopper be married this time? is qucs-i tion being asked in stage greenrooms as well-known actor honey-, moons with his sixth wife, nee Lillian Glaser, 29, of Oklahoma, a' singer. His former matrimonial ventures have averaged six ycarsJ Members of De Wolf Hopper alumnae are: Ella Gardner, Ida' iMosllcr, Edna Wallace, Nella Bergen, Ella purry. This phot' shows how Hopper manages to look young nn stage despite his 0. -years. MRS. STILLIV1AN Wife of Banker and Young Fowler McCormick Admit Warm Friendship, But Deny They Plan to Marry Di vorce Agreement Reached. NEW YORK, Nov. 3. (A. P.) Mrs. Anne U. Stillnian denies that she and young Fowler McCormick of Chicago plan to marry after she ob tains a divorce from James A. Htlll mnn. "I am too old nnd he Is too young," she has informed a repre sentative of the New York World, answering il direct question. Interviewed nt her camp at Grande Anse, Canuda, where Mr. McCormlek -is visiting her, - Mrs. Stillman admitted the World says in a copyright article today, that she and her husband have reached' an agreement ns to a divorce. A mu tual friend ncted mediator last sum-, mer. - All that remains Is to reach an agreement as to a money settle ment before proceeding with her suit. Mr. Stillmnn agreed onoe be fore five years ago to, permit her to divorce him, she said, then started "his unpleasant suit." Drossed In a brilliant short red velvet Jacket,- short plain skirt nnd wearing beaded moccasins - and a necklace of large pearls, Mrs. Htlll man was putting to bed Haby Ouy, whose paternity wus disputed in the unsuccessful divorce suit brought by her husband. Mrs. Htltlmnn ' snys that she and her husband aro "good friends,' now and that their children visit him whenever opportunity offers. Ho Is giving her an allowanco of $500 n month, the amount decided by the oourt, pending settlement of his suit. As to reports of a marriage with Mr. McCormick, tho World says: "They deny It singly and together, but do not deny the grent bond of sympathy between them." Hhe did not seem displeased thnt the question was asked, nor did Mc Cormlrk. In New York, when Informed of Mrs. Htlllmnn's statement about the dlvnrc suit, her attorney, Isaac N. Mills, said: "I nm sure u nils tnke has beet made." Indicted for Running A Cay Paree Cabaret OMAHA. Neb., Nov. 3. (A. V.) Eight OmnhnriH today ntnori Indicted by a fedgnil icrand Jury Hlh-ged conspiracy tn vlolntr tho prohibition act during ih rcrrnt natlnnnl con vention of thfl American Jcglnn lhroih thi opprntirai nf thn "Uny Pame" , fiibntpt n nW-Wfck novcj to iiUBe the legluiinulri's . SigeL i. Af. Y. Apostle of Doom , Predicts End of Peace, Armistice Day , NEWARK, N. J., Nov. 3 Kobort Reldt, Long Island ."apostle of doom," who predict- ed thnt the world would end on February 0 last, today announc- j ed ln Newark that the present T reiKN ui peuce, would enu oil r Armistice day. j Jio siiiii ne wan preparing io r move ui least auu nines iniana to n esi'iiiie unpenning uesiruciion oi the metropolitan area. Wire Report on the Pear Market NEW YOP.K. Nov. 3. (U. S. Bu- lng his 1926 model Hudson away from reau ot Markets) Monday's pear the pursuing officers, who had hailed market: Sixteen cars California; six him as he turned off the Pacific high New York; fourteen Oregon; two way onto the AshlanuK!amath Falls Washington; four New York by boat. road. Failing to heed the officers' Market steady. I horn, the fleeing man speeded ap- Oregon Hose, ten enrs, extras $3.70 proximately two miles before he came to to.30; few, $3.10 to 13.46;' aver- to a halt, being persuaded by the ago (4.10; fancy, (3 to (4.75; age, (4.07; specials, J.I. 05 to average, $3.57. Jumble, $3.9S. Anjous, three cars, extras, aver- 13.75; . i as to $4.55; fow low as $3.40;' averagej 4.; inncy, fa.zu io $4.05; aver nge, $4.01; specials, $2.7fi to $3 nVPmiFO. t'J KB nhnliA 11 1 r. cornice, one car, extras. $3.80 to $4.00; average, $4.-4; fancy, $3.25 to $4.45; average, $3.1. Nells three cars, extras, $3.65 to $4.30; nverngo, $4.09; fancy, $3.50 to $4.05; average, $3.80. Jumbles, $2.86 to $3.36; average, $3.30. Cornice, one enr, half boxes, $1.65 to $2.20; average, $1,111. Oregon Supreme Court Decisions HAUdM, Ore., Nov. 8. Tho ail promc court thin morning honded down dec Ih Ion a upholding 1 the con stitutionality ot the Portland city zoning ordinance und the Eugene m..kI,.I....I t... A un..n The following opinions were han.f- ed down today by the supreme court Paul Pra .k vs. John Mntthlesen, appellant, appeal from Multnomah jcounty; motion to dismiss appeal al lowed In opinion by Chief Justice McHride. William T. Cnmpbell vs. City of Eugene and hoard of regents of Uni versity of Oregon, nppellnnts, suit to enjoin officers of city of Eugene from Issuing municipal bonds au thorised at special ejection. Opinion by Justice llean. Judge Percy 11. Kelly reversed. Nlcolat-Neppnch rompnny vs. N. Ahrnms. defendant, and Hen Abrams, '" ""' "n" appellant appeal from , guiuy to the chnrgo of setting Multnomah county; action to collect . . , , . . . ... money; opinion by Justice Mean. " '"ml "' " Judge fleorge Taxwell affirmed. I'd over mo1'" lnnn 100 arrn ot t,m' Ernest rroner, et al, s. City of her land on ('amp creek, near Seotts Portlsnd, appellant, 'appeal from burg, Clarence tlould, n resident of .Mullnomnh county, suit lo test con-' Allegheny, wns fined $250 In the stltutloniility of soiling' ordinance.' JmCca court here today, tlould was Opinion by Justice Burnett, Judge arrested by ' M. Tnlbott, special Jtobcrl (I., .Morrow affirmed, ' Investigator with the Douglas county - ' I.RIOHTON HI.'ZZARIJ. RED- FOKDHMIKK, Knglnnd, Nov. 3. IA. 1'.) The Prince of Wales took his first tumble today from horseback since return- ing to Knglnnd from his re- f n cent Journey. The prince's hunt had been n chasing a fox. Coming to ft fence with a big ditch In front of It, his horso fulled to tnke the Jump nnd both tho prince 4 nnd his mount disappeared Into the watery chasm. Tho prince scrambled out unhurt, but hut horse was mired. Tho royal huntsman then 4 gnvo up the chase, 3 BOOTLEGGERS HI LOADS SEIZED CAUG RECORD wmn ii - hi iihi. major uvnerei numri L. nowin, 170 GallOnS Of LiqUOr, Valued president of the tribunal, directed the I prosecution to "take immediate steps at $35 00 FOUnd By Talent' to proceed to facilitate the defense I by securing the witnesses and docu- and McCredie in Cars;-;. then w taken Driven By California Boot.LndecrofuZoeporatlt0hne leggerS CarS COnilSCatea. The largest amount of moonshine to be seized In the history ot Jackson county was taken last night when State Special Officer T. A. Talent and Federal Prohibition Officer Cletus McCredie arrested J. J. Travers of j Stockton. Cal., with 120 gallons of ; onttt wttlnlfv In lila nnaaaimlnn fltlfl i Walter Dyreborg and John Bughner nt Hun ot Sacramento, with GO gallons of i moonshine, seven miles south, oi ami land on the Ashland-Klamath Falls and Pacific highways. The men are to be given preliminary hearings this afternoon before Justice Glenn O. Taylor. The cars, one a new Hudson sedan and the other a Stuilebaker six, have been confiscated, together with fne 170 gallons of liquor valued at 93500. Travers, according to the officers. was enrouto from Sacramento to Klamath Falls while Dyreborg and Bughner were onroute to this city from the same place to fill orders, which they are said to have taken several weeks ugo. The moonshine in both cars was of the same brand, ! tested luG per cent proof and was being hauled In 10-gallon kegs. I Travers was arrested at V o'clock last night, four hours after Dyreborg and Bughner had been pnt under arrest. Travers, a man of 40 years, 'attempted to evade arrest by speed- threatening aspect ot a .4t automatic held by McCredie as Talent drove alongside the Hudson. I A ft or he had unlocked the doors of 'the sedan the officers asked Travers. wnais tne nig inea: anu receiveu the answer, "What's the use?' The big car could not make any speed ns the 12 kegs of moonshine w.el!le'' ni'l'roxlmiitely 1000 pounds. The load was so heavy that one spring was nearly bent double and as the car rounded various curves on the road. according to officers, It tipped danger ously to one side. The sedan Is registered to Claude M. Mayberry, Commercial street, Klamath Falls, and at present It Is not known whether It belonged to Travers or whether he was driving It for 8 "higher up" lit so much a load, the latter being the officers' Inference. The car was driven to this city by Officer McCredie and at present Is stored ot Flchtner's gnrage. No weapons or firearms were In the car, the rear of which was filled with the kegs, covered with quilts and- over coats. Dyreborg and Bughner offered no resistance whon hailed by the officers at Ad Helm's service station at the llZZL Klamath Falls road. The men stopped and when asked what was In the rear fronrtnnert on pair si SETTING FOREST FIRE LAST MONTH nOHEBUnO, Ore., Nov, 3, Plead IIHIUULLL IU BE GIVEN A r nr r us tin ! rntt nAriU Air Critic Allowed By Court Martial to Call Higher-Ups in Air . Service Plea for Dismissal of Charges De niedCourt Adjourned Till Monday. WASHINGTON, Nov. 3. (A. P.) The court martial trying Colonel William Mitchell held today that ha was within his rights In asking for the testimony of a long list of wit nesses, including three cabinet of ficials, In defending himself against the disciplinary charge growing out of his attack on the government's air policy. After the court had examined the : department, Wilbur of the navy de partments ana jaraine ot tne agn-. culture department; fiverett -Sanders, secretary to President Coolldge and many high ranking army and navy officers as well as others in civil life who have had contact with aeronautics. Some of those named ure In Hono lulu and other distant places and It was indicated that no decision had been reached as to whether all of them would be brought ' here. .- The action of the court apparently means that Colonel Mitchell will, be given a -frerhand in threshing out the Whole aircraft controversy ln court. In an attempt to prove that he was Justi fied In charging that the army and navy air services were being admin istered with criminal and almost treasonable neglect of the best In terests "of the country. Voluminous documents now ln the government's files, including war and navy department records and copies of such letters as may have been written and received by President Coolldge in regard to the air con troversy, are called for as a part of the case of the defense. Whether the right of Jh court martial to demand access to' all of these documents will be recognised by the White House and the depart ments concerned, remains undis closed. A trial running Into aoveral weeks now seems certain and as a result a debate over the government's air craft program doubtless will be car ried over into the next session of congress which begins early next month. The president's air board, which already has been over ,much of the ground to be covered ln the Mitchell defense, has under consideration a, report which It had hoped to submit before congress .convenes. Mitchell Over-Itulcd WASHINGTON, Nov. i. (A. P.) Colonel William Mitchell again was overruled by the general court mar tial trying htm todny when he sought to have the charges against him dis missed on the plea that the prosecu tion had no proof of his guilt. The decision was handed down without delay after an argument of counsel during which defense counsel doclnred the prosecution had rested yesterday without producing "one scintilla" of proof that the air officer violated army discipline by his utter ance ln the uir controversy. This' contention the prosecution denied. ' Representative Held of Illinois,' Mitchell's counsel, argued that no de-1 rense testimony will he necessary, be cuuse the prosecution had rested yes terday without proving the charge that the colonel's utterances In' the uir controversy amounted to an In fraction of army dlsotpllne. Mean lime the question of issuing Sub-' poenas for fourscore of defense wit nesses, headed by three cabinet mem bers, remained undecided, "In a criminal case, which this Is, 'Continued nn page six.) " i fire patrol, and according to Super vising Warden II. Q. Brown, ad mitted setting She fire to burn over logged-off land In order to provide better hunting. The fire which wna brought Under control by' forces of the Hluslaw ns tlonsl forest, under contract with the Douglas county patrol, burned over land belonging In the Qardlner Mill company. . .. , 0 o
