Medford mail tribune., February 21, 1933, Page 1, Image 1

Slight Investigation Proves
The Weather
Forecast: Cloudy tonight and Wed
nesday; slightly colder tonight.
Temperature
Highest yesterday
Lowest this morning ,
Twenty-Seventh Year
Comment
on the
Day's News
By FRANK JENKINS
RELIEF authorities In Seattle call
for 300 men to go to work on a
garden plot and on street cleaning
jobs.
Only WVE MEN respond.
IF THE facts have been correctly
reported, It must mean that an
unusual situation exists In Seattle.
No such thing could happen In
Southern Oregon. Wo havo plenty
Of unemployed down here, and It Is
probable that a few would rather
be cared for without work than to
work for what they get.
But only a few.
ONE of the encouraging things
about the depression, with Ite
resulting unemployment, so far as
our country down here Is concerned,
baa been the fine spirit of patience
and tolerance shown by those, who
have been without Jobs and there
fore without the means of supporting
themselves.
HARRY 8 Joseph, of Salt Lake
City, wants a law to compel
every person over 18 years of age In
the country to spend half the money
he possesses. Such a law. he says,
would open trade channels and re
store prosperity.
Pooh, poor, Mr. Josepbl Instead,
It would set everybody In the coun
try who has any money to figuring
out waya of hiding It so that nobody
could discover It and compel htm
to spend It. 4
Human nature la that way.
-f-f-
MART Young, of Seattle, Is bitten
by a pet monkey In 1931 In
1S38, a Jury awards her $750 dam
ages, because, she says In a suit filed
against the owner of the animal, she
has had horrible dreams of monkeys
ever since she waa bitten.
Pair enough, probably; for 750 is
none too much In the way of re
compense for horrible dreams of
monkeys for two years.
But If you have a pet monkey, and
are cautious. In these days when
$760 Is a lot of money, you will get
lid of It, or at the very least muz
zle It."
THE 40-day period for which Ore
gon legislators draw pay ha! ex
pired, and the work of the session
la far from finished. So the mem
bera wlU stay on, at their own ex
pense, and finish the Job.
In view of the fact that they draw
only W a day for 40 days, and can't
, live on that, give them credit for
being good sports.
SHOULD the session be longer? And
should we pay legislators more
thsn $3 a day?
Well,' the hard-headed business
answer to both questions la that
nobody Is COMPELLED to run for
the legislature. Those who become
candidates for legislative Jobs do so
of their own will.'
That la to say, they consider the
Job attractive enough to warrant tak
ing whatever chances are Involved.
If good men are willing to work
for the pay offered, why pay mot?
At least, that la the way a business
man would figure.
WOULD we get better men In the
legislature If we paid more?
Answer that question to suit your
. self, but this writer doubta It. It
Isn't the $3 a day that causes men
to become candldatea for the legis
lature. It Is the desire to have a
(Continued on Page Two)
i
Herman Violent.
SALEM. Feb. 21. 7Pj Herman Do
brokskv, 30. waa Jailed here yester-
vVin hi. mother. Marv Dobrk
osky. chanted that he hurled dishes
at her from the kitchen table and
threatened to kill ner.
dJliiJliUlila
' mm
Popularity Contest Standings to
Medford Mail Tribune
MANEUVER RUINS
Judge Orders Dismissal Of
Action When Crime Re
ported Finger Prints
May Find Guilty Parties.
Check by the authorities this
morning, of the ballot pouches and
ballots stolen lust night, from a
cmirtlloti!to vault, shows that official
voles were taken from 46 hnllot con
tainers. Ballot pouches to the number of
32 were rifled of the ballots. Four
teen pouches and their contents were
taken. The contents of eight of the
nine tin containers were taken.
It Is estimated that ln.noo ballots
cast at tile last general election were
stolen.
Medford precincts mining. Includ
ed Northwest, which cast 358 TOtes,
North Main, 321 votes; SoutH Main.
217; Oakdnle. 337; Onkdulc, SOS votes;
Northr&M, 43S: southwest, 4l) votes;
Southeast, 435; West Medford, 481.
and Northwest, 358.
Ashland. Northwest, with 218 votes
cast, and East Central with 245, were
also missing.
The missing Medford preclncls
wefe airlone; the " precinct 01 inc
county casting the largest vote.
Official ballots cast In this county
at the last general election, slated for
recounting today. In the election con
test between former Sheriff Ralph a.
Jennings and Sheriff Gordon L.
Schermerhom, were stolen from a
vault on the basement floor of the
county courthouse last night.
As soon as the tneft waa known.
Circuit Judge George P. Sklpworth of
Eugene, before whom the recount waa
proceeding, ordered a dismissal ol
the action on the grounda that the
vital evidence was missing, and even
If found. It would be useless.
Entrance waa gained to the vault
by breaking a window and unlatch
ing the lock. This provided a small
soace for entry.
Crime Known Early
The theft waa discovered shortly
after eight o'clock. Attorney Elton
Watklna of Portland, special counsel
for Schormerhorn, called Attorney
Prank DeSousa of this city by phone.
Charlea Fischer, a locksmith, engaged
to fit the keys In the ballot pouch
locks, and Joseph Daniels, Jr., were
also present. The four men were
walking In the rear of the courthouse
when Fischer noticed the broken
window. Daniels and the others
went to the window and found that
the supposedly unbreakable gjaas had
been smashed near the latch.
Attorney prank Van Dyke, one of
the counsel for Jennings was also in
the courthouse. Attorneys Watklns,
DeSouza, and Locksmith Fischer and
Attorney Van Dyke were making pre
parations for the fitting of the keys
so the pouches could be opened expe
ditiously when the recount started
The vault door was Intact, and was
unlocked by County Clerk George R.
Carter.
Investigation Started
An Investigation waa started at
once. A number of excellent finger
prints were left on window sills and
filing cases In the vault. Some of
the pouches had been cut open, ana
others bad their retaining lock-bars
broken.
A number of people were outside
the courthouse last night, listening
through the windows to the epeakera
at the Good Government Congress
meeting. Many of these were being
questioned today on what they saw
and heard. In the hope they would
be able to furnish tangible clues of
some sort.
The theft of the ballots closes def
initely the recount of the votes for
sheriff. Sheriff Schermertiorn re
tains the office. The court formally
closed the contest action.
News Causes Inclination
The news of the ballot stealing
spread like wildfire throughout the
city and county, causing widespread
condemnation and aurprlse. It was
the most dramatic episode of the
political war that has racked the
county for two yesrs.
No Information has been brought
to light, officials said, as to the exact
hour the theft waa committed. There
Is plenty of evidence, however, that
the stealing waa not conducted In a
haphazard manner. The brazen au
dacity of the robbery dumfounded
(Continued on Page Five)
(FOES
MH I
Editor Banks Arraigned on Two
Robbed of Rights
RALPH O. JENNINGS, former
sheriff, whose, right to a recount In
the Inst election was destroyed by
theft Inst night of official ballots.
ERUPTION 10 WISH
BAKER GOD SPEED
On of the most elaborate erup
tions In the history of the Craters
club was held last night at the Hotel
Medford as a farewell to C. T. Bater.
who left today to accept the position
of secretary of the Boise chamber of
commerce.
The entertainment during the early
evening centered about a mock meet
ing of the chamber board of directors
and Mr. Baker's last report.
Attention was also paid to the lo-
cal furore with an hilarious burlesque
on the political war, two members
appearing before the board, guarded
by a double-barrelled shotgun.
W. S. Bolger, president of the
Chamber of Commerce, was the main
speaker of the evening, and voiced
the organization's farewell wishes to
Mr. Baker.
A gift from the Craters club'was
presented Mr. Baker by Johnny IVsd.
who tripped In the presentation
scene, bringing a resounding crash
and consternation to' the recipient
well as the financiers of the gift. It
finally reached Baker's hands in good
condition.
During the business meeting a reso
lution was passed by the club prom
ising to support county officials and
to aid them in bringing to the bir
of Justice "open violation of the la
and their lawlejw actions."
The resolution also voiced con
demnation for "any county officials
who have aided, abetted and assisted
In this lawless movement In sny man
ner and who have permitted the use
of the courthouse for such purposes."
Opening with the statement,
"Whereas, continued vicious, libelous,
unwarranted and false attacks have
been made upon the integrity of vari
ous officials and other prominent
citizens of Jackson county, by one
Llewellyn A. Banks and the Medford
Dally News, the publication which he
controls." the resolution continued to
point out the necessity for endorse
ment of officials. It also described
Us "unpatriotic and lawless" the "ut
terances" and "publications" of L. A.
Banks.
The meeting of the club was at
tended by a delegation from Grants
Pass composed of Mayor Waiter
Stockwell, Chief of Police James Man
uel, Dick Belden. CHief Big Horn of
the Cavemen, George McBride, Cap
tain Hagedorn and others.
Oregon H eal her.
Cloudy and occasional rain north
west portion and snows in the moun
tains tonight and Wednesday; allgh:
ly colder interior tonight; fresh and
strong northwest winds offshore.
Banks9
MEDFOKD, OREGON, TUESDAY, FEBRUARY 21, 1933
L
PROHMMEE
No Attempt To Pad Budget
Or Deceive Ways And
Means Committee Found
Is Gist Of Official Report.
SALEM, Feb. 31. (AP) No at
tempt to pad the budget nor deceive
the ways and means committee In
requesting lncreasea In salaries of two
Individuals, one In the budget de
partment and one In the office of the
board of control, were found by the
committee Investigating charges made
against Henry M. Hanzen and Wil
liam Einzlg by State Treasurer Rufus
C. Holman.
This will be the content of a report
being prepared by the sub-commlttee
which Investigated the Holman
charges today. The committee will
make its formal report to the ways
and means committee tonight.
. Interview with the three members.
Representatives W. " B. Snider and
Dean Walker and Senator W. P.
Woodward following the committee
meeting at noon revealed the con
tents of the report.
SALEM, Feb. 21 (AP) Noon Tues
day found the houso making but
little progress on a rather lengthy
calendar and facing debate on old
age pensions under special order of
business at 2:30 o'clock.
The house approved a bill creating
a state board of architecture by a
vote of 36 to 17 with seven members
absent.
Holding that a League of Oregon
City bill has authority to regulate
and license for the purpose of reve
nue such callings, trades and profes
sions as the public good might re
quire, gave too much power and
would lead to confusion, the house
smothered the proposal under an
avalanche of negative votes.
With five bills on the calendar for
final action today the senate passed
two, tabled two and re-referred one.
Four new bills were Introduced.
Honey bees took up most of the
time of a brief senate ' session. A
house bill providing for inspection of
bee hives was passed.
The other measure passed was a
senate- bill providing for a special tax
of one-fortieth of one per cent by
port districts for sinking! fund pur
poses. BANWELL TAKES
OFFICE, CHAMBER
A. H. Banwell, recently appointed
secretary of the Medlord Chamber of
Commerce, assumed office this morn
ing, c. T. Baker, who recently re
signed, as secretary to accept a posi
tion with the Boise, Idaho, chamber,
left today by motor for that city.
Mr. Banwell Is very well known
here and throughout southern Ore
gon, having been associated for some
time with the Northern California
Southern Oregon Development asso
ciation as secretary-treasurer of the
organization. He was receiving Cham
ber of Commerce members, farmers of
this district and other friends at the
chamber this morning.
Banks In Medford, as well as the
county and city offices here, will be
closed all day tomorrow. February 33,
Washington's birthday as that date is
a legal holiday.
NEW YORK. reb. 21. ;!, Wash
ington's birthday, as usual, will be
observed as a holiday tomorrow by
(inanclsl markets and banks through
out the country.
Charges Are Deliberate Falsehoods
STOP B
News Readers Misled by
Steady Harping of Editor
On Disproved Charges
Bates Case and Powers of Courts Among
Items Appearing Frequently in
Attacks Upon Law Officers
statements made bv L. A. Banks on the front page of his paper this
ninmlnr rnncarninc the courts of Jackson county were proved absolutely
false by an Investigation of the records, and Interviews with the officials
made today.
Banks, !n one of his statements 1
ssld:
We witness a Justice of the peace
of Aahland Issuing a warrant for the
arrest of a cltlieen when this Justice
of the peace had no Jurisdiction In
the matter."
Court lias Arraignment Power
Banks referred In the atatement to
the warrant for his arrest, issued, by
Judge L. A. Roberta of Ashland, on
complaint or criminal iidci mea
against Banks by Attorney M. O.
Wllklns, of Ashland.
Banks haa repeatedly contended in
hla newspaper that the Justice court
have no urladlctlon to try a case ui
criminal libel, and -haa thereby. In
using bis ability to deal In half
truths and "Intellectual dishonesty
given the impression to his readers
and followers that the Justice court
was In error in ordering hla arrest.
The truth of the matter, according
to the Oregon stHiutes. la that the
Justice courts DO NOT HAVE author
ity to try cases of criminal libel, but
they DO HAVE authority to Issue
complalnte on criminal libel and to
order the arrest and arraignment of
any person on a charge of criminal
libel. Justice courts not only have
authority to Issue warrants for arrest
and arraignment on criminal libel,
but on any case from petty larceny to
first degree murder, the statutea
show.
Followers Misled
Banks' followers were misled In the
Ashland criminal libel case much the
same as they have been in the otner
casea where he haa taken a particle
of truth and twisted It to ault his
own ends, all to the detriment of hla
followers. No one haa ever contended
that the Justice courts have any
authority to TRY cases of criminal
libel, it was pointed out, nut, Banns
haa declared that they do NOT HAVE
such authority, in an effort to mis
lead his followers and make them
think the authorities were attempt
ing to TRY him In that court.
The Justice court hears the ar
raignment, which It did, In the Wllk-
Ina criminal libel case, ano men
a time for preliminary hearing.
Banks, however, waived his prelimi
nary hearing and waa bound directly
over to the grand Jury.
Have Jurisdiction
Banks also clalma to his readers,
and followera, that the Ashland Jus
tice district has no Jurisdiction over
a citizen living In Medford.
'The libel, If any, waa committed
In Ashland, when the paper waa de
livered there," District Attorney Oeo.
Codding said this morning, "and Wll.
klna waa entirely within his rights
In filing hla complaint there. When
(Continued on Page Two)
lAPSlOlGIN
ON JEHOL SOIL
TOKYO, reb. 39. (Wednesday)
(AP) A Rengo (Japsnese) News
Agency dispatch from Chlnchow to
day aald Japanese troops occupied
Nsnllng early this morning and then
took over Koupelylngtiu. eight miles
further northwest In Jehol province.
The advices added that the Jap
anese troops then continued In the
direction of Peiplao, which Is the
termlnua of a railroad line from
Chlnchow.
After occupation of Peiplao, the
advance will be auspended, head
quartera In Changchun aald.
Japanese airplanes severely bombed
concentrations of guerillas In the
neighborhood of Kartu, said Rengo
ditpatehea from Tungllao.
Be Published Again Tomorrow
F
E
IN NIGHTLY MEET
Speakers at the Good Government
congress last night soundly con
demned the recount proceedings In
the sheriff's race that were being
conducted in circuit court, and flatly
denied that any remarks Indicating
violence had ever been made by the
speakers at the meetings.
Judge Earl Fehl, who spoke to the
congress, at the request of the grand
jury, on the necessity of maintain
ing order In the auditorium and of
not marring the walls, also declared
that the ballot boxes had been open
ed and tampered with, and scoffed
at the Idea of a recount being held
four months after the election.
Henrietta Martin, president of the
group, ridiculed the manner in which
Judge O. F. Sklpworth was conduct
ing the matter of the recount, and
said that when she was a school girl,
and they held mode trials in class,
that they would have been given a
falling grade If they had held their
courts so Improperly, Mrs. Martin
admitted she spent about 30 min
utes In the court room yesterday
morning.
People of Oregon were soundly
criticized by Mrs. Martin for their
short-sightedness and lack of enter
prise, when she declared that "they
cannot see beyond their noses,' and
that "It la the fault of Oregon peo
ple that they do not have as many
people as there are in California."
Flat denials were repeated that
no remarks threatening violence had
ever been made at any of the meet
ings, following the warning by Rev
erend Krlng that there was talk of
the congress being Indicted by the
federal grand Jury. Krlng warned
the members to "watch their neigh
bors, as spies were planted in the
crowd."
L. A. Banks, honorary president of
the group, declared again that there
had been a "breakdown of law and
order" and "mlscarrlBge of Justice
and told his ftudlence that "Jackson
county's troutVs will never be set
tled peaceably Banks also denied
that he had made any remarks in
his paper that could be construed
as syndicalism, and again called upon
officers of the county to resign. .
Mrs. J. F. Lawrence, not a member
of the congress, waa given the plat
form, and pointed out the fallacy
of many impressions the members of
the congress had been given. Al
though assured a courteous hearing
by the president, Mrs. Lawrence was
Interrupted several times by shouts
of "Where'd you get that," nd "Who
told you to say that, sister?" Mrs.
Lawrence was also interrupted from
Cermak Restless
Throughout Night
MIAMI, Fls., Feb. 31. (AP) Mayo-,-Anton
Cermak of Chlcako, one ot
those wounded by bullets Intended
for President-elect Roosevelt, spent
a restless night although he was
given a sedative at 10 p. m.. Jack
son Memorial hospital authorities
said at 0:30 a. m.. today, but his
general condition was described as
improved over yesterday.
BfiUJ Tl
New Indictments
OF DAILY NEWS
District Attorney Hits Back
At Traducers Not In
Self Defense But To Give
People True Facts In Case
This Is the first of a series of
articles to he published by George
Codding, District Attorney, In this
paper. Mr, Coddlng's object la to
correct certain falsehoods which
have been broadcast by the morn
ing dally pnner. 1
To the People of Jackson County:
Numerous charges have, in the pastr
several months, been hurled against
the District Attorney's office, by per
sons seeking to deliberately distort
the truth. Thus far I have refrained
from making- a statement, for the
reason that the- charges are so slllly
and untruthful that I assumed they
would not be believed.
However, It has come to my atten
tion that some people do believe
these false and libelous accusations,
or at least wonder why the District
Attorney does not moke a statement
in his own defense.
Will Present Truth.
This statement is not made In self
defense, but rather to tell the peo
ple of this county, who elected me,
the truth about the management of
the office of district attornoy.
A certain individual, thru his morn
ing newspaper and in a public ad
dress, haa told you about the Wal
ter F. Long case, where Walter F.
Long lost his life In an afaflr In the
city of Ashland on Christmas day. He
has said to the public that tne dis
trict attorney's office ahould have
called a coroner's Inquest to inquire
Into this case. And this newspaper
publisher, L. A. Banks, has labeled
this as a miscarriage of justice, ana
(Continued on Page Eight)
J
NOTES ON MEET
Members of the grand Jury yeaterdsy
announced that W. J. Looker waa en
gaged As atenographer last Saturday
by that body to take notes on all that
transpired at the meeting at the Arm
ory of the Good Government Con
gress. .The members stated that they
wanted silch an announcement rhade
In refutation of the claim that Mr.
Looker represented an attorney and
other Interests at the Good Govern
ment Congress meeting last Satur
day. Such a claim was made In the
morning newspaper. Mr. Looker, to
the contrary, the grand jurors point
ed out was employed by them to take
down an accurate report of all that
was ssld snd done at the meeting.
Mr. Looker Is acting as court reporter
In the circuit court at the present
time.
MEETING HELD
The Farm Mortgage Adjustment
committee met In Medford today
with representatives from Douglas,
Curry, Josephine, Klamath snd Jack
son counties in attendance.
The-e were also two members of
the fiiate committee present and
Raymond Reter, representing the
state committee, presided, telling of
the plans of the organization.
It was pointed out at the meeting
ah at it la up to the county commit
tees now to get organized on their
irograms.
Paid-Up Circulation
people who pay (or their newspapers
(re the Deat prospects tar the adver
tiser. A- B O- circulation la paid
up circulation. Tula newspaper Is
a. B. a
No. 2S4.
CRIMINAL LIBEL
Rampaging Editor Nervous
As Charges Read In Court
Forma! Plea Is Set For
Next Thursday Morning.
L. A. Banks, editor and publisher
of the Medford Dally Hews, indicted
late yestexday by the grand Jury oa
charges of criminal syndicalism on'
one count and on a charge of crim
inal libel on the second count, was
arraigned in circuit court this morn
ing before Circuit Judge George F.
Sklpworth of Eugene. Banks was
given until Thursday morning at 9:30
o'clock to enter pleas.
Banks, scheduled to appear at 0:50
o'clock, was 30 minutes late. When
he failed to appear at the scheduled
time the court called for Sheriff
Schermorhorn, and Instructed that
official to produce Banks In court.
Bunks Ouakes. " '"""
The two Indictments returned yes
terday were read to Banks, as he
stood before the court, visibly knerv
ous. The first Indictment for 'crim
inal libel returned a week ago was
produced, but he waived Its reading.
Following the brief proceedings, be
fore a fairly well-filled courtroom,
the state, through Deputy District
Attorney George Nellson, served no
tice that a motlo nfor hearing on the
suffclency of the bonds would be.
sought. Bonds, for $1000, with How
ard A. Hill and Ariel B. Pomeroy as
sureties was filed in the first crim
inal libel Indictment. Claude Ward,
brother-in-law of Banks, and Wal
ter J. Jones of Rogue River, appeared
as bondsmen for the two indictments
returned yesterday.
Advised to Take Time.
The court advised Banks In full,
relative to his legal rights. Banks
waived an attorney. At the conclu
sion of the reading of the criminal
syndicalism indictment Banks said ne
(Continued on Page Five)
WILL :
ROGER?
"&a1C
w$ays:
BEVERLY HILLS, Oal Feb.
20. Jim Corbott, Gentleman
Jim, truly a title earned and
maintained through life. My
acquaintance with Corbett has
been near 25 years. As he was
a great friend of Fred Stone's,
who is a great friend of mine.
Fred was a great boxer. Cor
bett always said he would have
been middleweight champion
if he had taken up that line.
Corbett brought boxing out
of the saloon into respectabil
ity. He would have been a
credit to the ministry, to indus
try, to teaching;' to anything,
the same as he was a great
credit to boxing. A great
credit to the stage. He was a
splendid actor. Perhaps the
best straight man that any co
median ever worked with.
He never spoke ill of any
man. A career lived in good
will and ended in glory.
Yours,
tlll JfeNsutat 8rnalau, 1st