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Paid-Up Circulation
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a. a. a
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Twenty-Seventh Year
MEDFOKD, OREGON, THURSDAY, MARCH 2, 1933.
No. 291.
M
FECI
KID
MM ACTION
IN BAUOTTHEFT
I
Order Signed by Judge
, Duncan Ties Hands of
County Judge, Who Would
Aid Suspects to Freedom
County Judge Earl H. Fehl at
about IS minutes of 13" today Iflsufd
a warrant for the arrest of Chief of
Police Clalous McCredle on a charge
of contempt of court when lie refused
to appear before Judge Fehl this
morning on the seirlce of four ha
beas corpus writs In connection with
arrests In the ballot theft case,, ac
cording to the Judge.
"That warrant wll be served If It
shakes the very foundation of Jack
son county," Judge Fehl told the
Mall Tribune this afternoon, and said
that the warrant had been placed In
the hands of the deputy sheriff, lie
said the sheriff had been directed to
serve the warrant.
Chief Mct'redie had not been lo
cated at 3 o'clock this afternoon, and
as far as could he learned, the war
rant had not been served.
"There Is no proper warrant out
for the arrest of Chief McCredle as
far as this office Is concerned,' was
the statement iyade by the district
attorney's office this afternoon, "be
cause of the fact that Judge YV. M.
Duncan shortly before noon ordered
the county court to desist and re
frain' from any further action In
connection with the writs."
A certified copy of the Judge's or
der, which was Issued shortly before
noon, was filed In the clerk's office
at 1 o'chn-k and served on the sheriff
shortly thereafter, according to the
district attorneys office. This makes
any action by the sheriff In connec
tion wlfh the service of the warrant
Illegal as the bench warrant is said
by the. district attorneys office not
to carry the proper seal.
The certified copy of Judge Dun
can's order was delivered to Judge
Fehl at 1:48 p. m., according to Dep
uty District Attorney George W. Nell-
son, and It was reported at the court
houe that Judge Fehl threw the copy
hack Into the county clerk's office,
from the court chambers.
Fehl said this afternoon that he
probably Issued the warrant "about
15 ml notes of 13," and added:.. "A
warrant Isn't time."
When he appeared before Judge
Duncan In circuit court this morn
ing concerning the affidavit of preju
dice and the motion of appeal filed.
Fehl was reported to have denied both
the prejudice and appeal.
An appeal to higher court Is pos
sible, under the law.
The district attorney's office ex
pressed the opinion that Sheriff Gor
don h. Schermerhorn was liable for
his bond as an officer, as well as
personally. If he proceeded to serve
the warrant Issued by Fehl after hav
ing seen the circuit Judge's order.
A restraining order prohibiting
County Judge E. H. Fehl from exercis
ing any Judicial powers In the Jack
son county ballot theft and destruc
tion cases. In which he is a defend
ant, was signed early this afternoon
by Circuit Judge W. M. Duncan of
Klamath county, presiding in this dis
trict. Restraining order signed by Judge
Dunsan says the county Judge is
"ordered and directed to certify the
records in the ca.e. and transmit
same forthwith to the circuit court."
The order also directs that the
county Judge "desist and refrain from
any further action in said criminal
matter" the ballot robbery case.
A certified copy of the restraining
order was placed In the hands of
Sheriff Schprmerhorn for service.
Fehl Would Free Suspects
Application for the restraining
order was filed this morning, follow
ing the denial by Fehl of motions
filed with him, seeking an appeal
from the county court to the circuit
court, and filing of affidavits of
prejudice against Fehl. The action
followed the move of Fehl late yes
terday. Issuing writs of habeas cor
pus for J. Croft and Virgil Eddington,
held In the city Jail, and T. L. Bre
cheen of Ashland and O. W. (Chuck)
Davis, held by the state police In
the Josephine county Jail at Grants
Pass. A habeas corpus writ was also
Issued In circuit court by Judge W.
M. Duncan, for C. W. McKlttrick. re
puted leader of the "Greensprlng
Mountain Boys." It Is returnable to- I
morrow.
Want Impartial Hearing.
The affidavits of prejudice were
signed by Chief of Police CI a to us
McCredle. and set forth that a "fair
and Impartial hearing could not be
obtained.' and that Fehl was a co-
defendant with the other defendants
In the ballot theft case
It was contended that Brecheen
and Davis, held in Josephine county,
were outside the Jurisdiction of the
county court and county Judge.
The hab-as corpus proceedings were
made returnable this morning at 10'
e clock. At that hour the dietrijj
Roosevelt, Hoover
To Talk Finances
At Friendly Meet
WASHINGTON. March 2. (AP)
President Hoover and President
elect Roosevelt will sit down to
gether at the White House tomor
row for what Is scheduled as a for
mal call of respect, but apparently
reliable sources reported today that
other than social subjects prob
ably would be discussed.
It was Indicated that both have
matters they wish to discuss with
each other outside of the purely
formal routine, and Intimation was
given that economic subjects
might be talked about.
OBSERVE HOLIDAY;
Medford banks closed their doors
this morning following receipt of a
proclamation from Governor Julius
L. Meier, announcing a' three day
moratorium throughout the state.
They will remain closed, heads of
banks stated, until. Monday morning,
when regular business will be re
sumed at the usual time. The same
program has been adopted by all
three banks of the city, and It was
believed that Ashland banks I would
Join the local Institutions In the
manner In which they will observe
the moratorium.
While doors are closed for the
three day period to regular business,
persons wishing access to their safe
ty deposit boxes will be granted ad
mission and the banks will distrib
ute change In return for currency In
order to cause no cessation In buying
and selling. No checks, 'however, will
be accepted before Monday, and no
withdrawals will be granted.
The Federal Reserve bank in Port
land, a telegram received from there
Informed bankers, will continue
transaction of business, except as
limited by the state holiday.
No other banks are remaining open
for business, B. E. Harder, president
of the First National bank, declared
In contradiction of press report to
that effect. Several Portland banks,
he stated, are open to the same type
of business as the Medford banks are
carrying on. He described as false
any reports of withdrawals, adding
that the banks might be allowing
small change to persons In danger
of going hungry, but that no regular
business was being transacted, ac
cording to instructions wired from the
Rose City.
The same program is being carried
out by banks of California and Ari
zona, he further stated, and declared
as absolutely false any rumors about
town, predicting a longer morator
ium. .
(By the Associated Press)
A statewide three-day bank holiday
ordered today by Governor Julius L.
(Continued on Page Five)
TOKYO, Mar. 3. W) A Ren.ro
(Japanese) news agency dispatch from
Chlnchow, Manchuria, said today that
two Japanese airplanes had bombed
an airdrome recently established at
Jehol City, the capital of the north
ern province of Jehol. by Marshal
Chang Hsiao-Liang, north China mil
itary leader.
LTNGYUAN, Jehol, China, Mar. 3.
(&) Major-General Tadashl Kawa
hara, commanding the sixteenth Jap
anese lnfsntry, swept through this
city this morning on the heels of the
retreating Chinese, and marched on
toward Jehol City.
4
ADDED TO
AUSTIN. Texas, March 2. (AP)
Governor Miriam A. Fergus-.m today
proclaimed a financial moratorium In
Texas for five days and ordered all
banks to remain closed.
PORTLAND, Ore.. March 2. (AP)
Senator Thomas J. Walsh, " who
died today, has a brother, -Felix J.
Walsh, living In Portland. He was
eating breakfast todr when he was
told of the senators death. He said
he would make plans for attending
the funeral.
attorney's office had not prepared
Its motions, which were not tlltd
until 11 oclock.
Further steps to end the turmoil
(Continued on Pige Two;
MOVEMENT ASSASSINS' VIGTIIV1
i i
SALES TAX HAS
Revenue Raising Must Be
Settled Before Adjourn
ment Chain Store Tax to
Bring On Bitter Fight
SALEM, March 3. (AP) The Ore
gon legislature continued work on Its
heavy calendars today while the in
terest of the state at largo and of
most legislators, the executive office
and state banking department was
centered on the three-day bank mora
torium declared, its effects and Im
mediate results.
Both houses plunged into import
ant legislative matters, while at the
same time legislation was being
drafted relative to regulator bank
ing laws to become effective before
Monday when all banks are scheduled
to reopen. These bills were expected
to fall Into the hopper the first thing
tomorrow. If not late tonight, and
the decks would be cleared for their
immediate consideration.
SALEM, March 2 (AP) The house
of representatives this morning, un
der special order of business, will
plunge into consideration of the gene
ral sales tax, the major revenue rais
ing measure before the Oregon legis
lature. And this Is but one of the
big Issues to be settled before it would
seem adjournment could be taken.
' The utility control bill was not on
today's calendar and would not be
considered before tomorrow unless a
special move Is made to advance the
bill. Permanent license plates was
among the. matters on .the house eal-.
eudar, while' a negative report on the
chain store tax bill was expected to
bring out a fight on the floor. The
house has fil bills on Its calendar and
the senate 17.
Refuse Cleared Away.
Both houses of the Oregon legisla
ture cleared their calendars yesterday
of much "refuse" material to make
way for the final spurt on major
legislation prior to adjournment. The
material was cleared, both by defeats
and approval of minor proposals.
The utility control bill came to the
house from the senate in an amended
form. A vote of 31 to 27 rejected the
minority house committee report to
pass the original bill, while the ma
jority of the committee amended it
even further than the senate had
done. Including replacing some of the
features of the budget supervision
section. Much of the control was
tsken out of the seven-point pro-
(Continued on Page Four)
NEIGHBORSTUSS
HEARD IN COURT
A circuit court Jury today -was hear
ing the damage suit of Manilla Bur-
dell agAlnst Dell p. Wllkerson, both
of this city, for $10,000 damages, al
legedly sustained May 12, last during
a neighborhood quarrel between the
litigants. Mrs. Burdell alleges physi
cal pain and Injury, as the result of
a beating. Letters, one consisting of
eight pages, were Introduced this
morning as evidence.
The complaint alleges that during
the course of the combat the defend
ant repeated: "Bite the dust, Manil
la, bite the dust!"
The trouble, the evidence reveals,
started in a dispute over clothes on a
clothesline, and blown against a
fence. The fence was shopped down.
Allison Moulton. attorney for the
defense, this morning while cross
examining Mrs. Burdell. attempted to
show that a scar on her leg was sus
tained when ahe fell off her house,
and not, as charged, when dragged
across the lawn by Mrs. Wilkinson.
The case is expected to go to the
Jury late today.
STILL NEAR DEATH
MIAMI, Ha., March V ( AP) The
condition of Mrs. Joe H. Gill, Miami
society woman wounded by one of
Giuseppe Zagara'a bullets when he
attempted to assassinate President
elect Roosevelt, still la critical. Dr.
T. W. Hutson ssld today: S
"Mrs. GUI's condition la critical.
She Is righting a severe Infection
enured by the bulle .wound In the
sodomen. During last week she
has .held up the ssme condition
throughout."
Marked Improvement In the con
dition of May- Anton Cermslc of
Chirsfio rontir ied to build up nope I
xor nia recovery today.
Sen. Walsh Dies Aboard Train
Enroute to Take Cabinet Post
GETS 3 YEARS ON
PORTLAND. March 3 (AP) John
M. Glover, 43, former teller and as
sistant cashier of the Klamath Falls
National bank, was today sentenced
to three years at McNeil Island fed
eral prison when he pleaded guilty
to embezzlement of about 98000 over
a period of seven years.
Glover worked at the bank for two
years before he took a small sum,
tending' to return it, according to
Llvy Stlpp, assistant United States
attorney, who prosecuted the case,
Defalcations Increased, however,
and the teller became hopelessly In
volved. He managed to keep the
shortages from examiners for a con
siderable time but finally, when he
realized the extent of the shortage,
he told his employers.
A pica of leniency by Francis
Marsh, his attorney, was disregarded
by Federal Judge James Alger Fee.
ECONOMY PLANS
. WASHINGGTON, ; March. J2rrr(AP(j
Speaker Garner today told newspaper
men advisors of President-elect Roose
velt had completed an economy pro
gram to shave from $160,000,000 to
200.000,000 off government costs.
The program was drafted by. Rep
resentative Douglas of Arizona, President-elect
Roosevelt's choice for di
rector of the budget, and S wager
Sherley, a close associate.
Garner said that under the treas
ury -postof flee department supply
bills provisions giving Mr. Roosevelt
power to reorganize the government,
most of the economies could be ef
fected by executive orders.
The beauty- of manwinita, a well
known local wood, Is well demon
strated in a out on exhibition today
at the Chamber of Commerce. Brought
In by M. M. Gault of 105 Tripp street.
It displays a rich red grain with a
natural polish, scarcely understand
able. The out, upon first glace, appears
to have been very thoroughly polish
ed. More complete Inspection reveals
that nature has been the polisher of
the raw wood
SPECIAL SESSION LATE
WASHINGTON. March 2 (AP)
The capitol heard today that President-elect
Roosevelt probably would
call the special session of the new
congress late in March, but Speaker
Garner said he had no Information.
The last time I talked with Mr.
Roosevelt, he suggested thst the spec
ial session be held in mid-April," Gar
ner told Inquirers.
IN EMERGENCY RELIEF
WA 8 HTNGTGON, March 3. f AP)
Five states today received emergency
relief loans from the reconstruction
finance corporation, totaling over $2,
347.000, of which Oregon was granted
$32,500. The Oregon loan Is to care
for Marlon county during March and
April.
.
R. F. C. Loans Made.
WASHINGTON. March 2 fAP)
The reconstruction corporation au
thorized loans of 134.201, 000 in Janu
ary to help the country meet financial
troubles. Financial Institutions re
ceived $74 554,064, of which $46,215.
265 went to banks and trust com
panies. In. Alabama 6000 families have
moved from cltte to farms wlt.hln
the past year, says F. W. Oit, agrt-
cultural statistician.
Death During Honeymoon
f,,.n,m, l ii.iiiiliii amiiji i.i ... ii .Jin ii.ii. ii ... ,. i
;
Senator Thomas J. Walsh of Montana, whose death occurred on board
train early today, shown with his bride of a few days, the former
Senora N I eves Perez Chnumont de Truffln, In Miami, Fin. They were en
route to WflMilngtim, where Senator Walsh was to become attorney general
In Roosevelt's cabinet.
BOETCHER RELEASED BY
KIDNAPERS, UNHARMED
DENVER, March 2. (AP) Nearly
seventeen "days and nights of black
ness, discomfort and threats" he en
dured In the hands of kidnapers has
ended today for Charles Boettcher
2nd, 31-year-old heir to riches. Ho
wss returned unharmed last night.
"Thank God, It's all over." young
Boettcher said in hla first utterance
since the kidnapers released him in
the stockyards district.
There were conflicting statements
last night as to whether his multi
millionaire father, Claude K. Boett
cher, had paid the (60,000 ransom
demanded by the abductors when
they seized the young Investment
broker, the night of Feb. 12. Devel
opments today, however, showed the
money had been paid.
"Where I was held and by whom
do not know." young Boettcher
Id. "It appeared to be In a base
ment of some house 18 hours by fast
automobile from Denver. Neither do
I know who my abductors were but
there were two of them possibly
three."
The climax to the west's most
amazing kidnaping came with start
ling suddenness. Shortly after six
p. m. last night, Dr. John M. Foster,
young physician and close friend of
Boettcher, drove to a designated spot
AS RELIEF HEAD
Hamilton Patton, appointed chair
man of relief work In Jackson county
the first of the year, announced to
day that he handed his resignation
to the county court yesterday after
noon, following announcement of ap
pointment of the relief committee by
Governor Julius h. Meier. The resig
nation had not been accepted last
night.
Mr. Patton stated today that he
offered hla services go the county for
a period of two montha as manager
of relief. The time expired March I.
The same service, he stated, was of
fered each candidate for county
Judge.
NO OFFERS IN SALE
PORTLAND. Ore., March 2. -CAP)
The depth to which the market
for certain bonds has been depressed
was reflected here Monday when the
state highway commission found It
self without a single bidder for the
advertised issue of $1,500,000 state
highway refunding bonda.
The Issue will be readvertisrd and
bids will be called for later this
month.
-f-
NEW YORK, March 2.-( AP) The
New York Federal Rnerv Bank to-
day Increased its rediscount rate to
SSi
per cent from 2 per cent.
near the mxuilclpal airport... In hla
automobile he had $60,000.
There the kidnapers wero waiting
Although they remained out of sight
themselves, they allowed the physic
ian a glimpse of their blindfolded
victim. Foster dropped the bag con
taining the money and raced for
Denver to Inform young Boettcher's
family.
Soon after young Boettcher tele
phoned his mother, Mrs. MUlson Mc
cormick, from a drugstore In the
vicinity where he had been released,
Foster and Norman Barwlae sped to
the spot and picked him up.
"Some place along the way
stopped and I got the impression
another man Joined us," young
Boettcher said. "That's what makes
me think there were three in the
gang.
"Finally the men said they were
going to let me out. They said that
after I had been let out I should
count to 160. 'Then go around the
corner whore you will find a tele
phone' " he continued. 'Be sure and
call your parents as they are worried
about you. I called them and here I
am. Seventeen days It seems more
like seventeen years of blackness,
discomfort and threats thank God,
it's all over."
SUE KINGFISH FOR
WASHINGTON, Mar 2. 'P) Gam
uel T. Ansel, recently counsel for the
senate committee inquiry into the
election of John T. Overton of Louis
iana, today sued Senator Huey Long
for $500,000 damages on slander
charges. j
In the District of Columbia su
preme court, the former Judge advo
cate general of the army contended
he has been actually damaged to the
extent of $250,000 by the speech made
by Long in the senate February 21,
which brought htm; Ansell said, Into
"public slander. Infamy and disgrace."
He asked an additional $250,000 as
punitive damages.
WASHINGTON, March 2. (AP)
Representative Ralney of Illinois will
be speaker of the house In the next
congress.
Tokyo Shaken By
Heavy Temblor
TOKYO. March 3. (Friday) (AP)
An earthquake of unusual strength
and duration shook the Tokyo re
gion at 2:30 a m. today. F'.rst re
port ssld only rainor damage had
been caused.
T
ATTACK TAKES
.mi uu
WASHINGTON, March 2. (AP)
Shock and surprlM was the re
action of the capital today at'
word of the death of Senator
Walsh of Montana in the midst
of preparations for a brilliant In
augural that was to have brought
him Into the attorney general
ship. The Kciiatc Immediately adopt
ed resolutions of regret and ad
journed out of respect to Mr.
Walsh. A 10 o'clock meeting had
been called to expedite Important
legislation.
ROCKY MOUNT, N C, Mar. 2.
(Pi Senator Thomas J. Walsh of
Montana died suddenly of a heart at
tack aboard an Atlantic Coast Line
train near Wilson today, while en
route to Washington with hla bride,
whom he married Saturday In Ha
vana. The senator, who had been appoint-)
ed attorney-general In the cabinet of I
President-elect Roosevelt only a few
daya ago, was stricken and died with
in a few minutes as he lay face down
ward In a berth In hia drawing-room.
Ho was 73 yeare old.
Death occurred at 7:10 a. m.. as
Conductor Herbert Weatherspee, op
erating on the train nebweim lAurens,
S.' O., and Rocky Mount, felt hla
pulse.. . .. . . i.
Four Present. - f
Only the conductor, Mrs. WalBh
(Continued on Page Ten)
DEBTS ORDERED
BY
In a decree and order handed down
In circuit court late yesterday by Cir
cuit Judge William M. Duncan, Judg
ment la awarded O. B. Waddell In two
suits for collection of money against
the Buncreat Orchards, Inc., L. A.
Banks, president, and against L. A.
Banks and Edith R. Banks. The total
amount of the Judgment, on two
mortgages, against orchard and resi
dential property is $11,028.44.
The order also provides that "if
through inability or refusal the sher
iff falls to act," he coroner shall act.
and If the coroner falls or refuses,
an elisor shall be named by the court,
upon a supplemental order. The de
cree also provides that the court re
tain Jurisdiction pending final set
tlement. In the findings and conclusions of
the court, It is held that the affi
davit of prejudice filed by Banks,
was not within the time prescribed
by law, and further that the preju
dice affidavit was not based upon
facte.
In the Judgment against the Sun-
crest Orchards, Inc., $4300 Is allowed
on the first cause of action, and
$2028.44 on the second count; $4500
la allowed In the second action. In
volved In the proceedings la unpaid
county taxes for the past four years.
The case was based upon loans
made and secured by mortgages in
the orchard property, and on resi
dential property In this city.
4
STATE TREASURY
SALmf, Mar. 2. fn Immediately
upon word of the three-day bank
moratorium among legislators and
state employes, a miniature run was
started on the state treasury office,
which was open at the time. Follow
ing the cashing of numerous checks.
some In three figures, Rufus C. Hoi-
man, state treasurer, called a con
ference and Issued the following or
der:
Owing to the bank moratorium
which has Just been declared It will
be necessary for me to decline to
cash further bank checks until such
time as business Is resumed by the
several banking institutions,"
SPOKANE, Wash., March 2. (AP)
Directors of the old National Bank
at Trust Co. and the First National
Trust &t Ravings Banx here late last
night placed a restriction on with
drawals aa permitted by the Wash
ington legislature yesterday.
TO
FOR U BANKS
Investigation Hits Chicago
Financial Institutions Blow
to Pride Senate Wit
nesses Look Foolish
By JAMBS MrMVLLIX
(Copyrighted by MoCluro Newspap.r
Syndicate.)
NEW YORK, Mar. 2. .Max steutr
canny Tammany lawyer may be
be seen In the role of chief Inquis
itor for the senate stock market In
vestigation. He Is said to be recep
tive to the Idea of working for a
cdmmltteo with a Democratic chair-
man though he wouldn't work with'
Norbeck.
Utility people hear that the federal
trade commission's investigation of
their activities will not be curtailed
after all. The necessary part of the
appropriation will be restored with
the warm approval of the new Preal-.
dent. Just another try gone wrong..
The Insull Inquiry aa so far con
ductedmight have been tailored to
order for New York benefit. New
York banks are gloating a bit. They
figure that Chicago's claim to finan
cial preeminence will certainly ba
handicapped by the evidence that
Chicago's banks were far worse suck
ers for the Insull transactions than,
their New York brothers. Of course
New York's turn could still come.
The financial community was pret
ty well dtsguated with the perform
ance of Jackson Reynolds and Myron'
Taylor before the senate committee.
The senate, won the round easily'
when the wltnosses couldn't suggest
how the demanded budget-balancing
act should be accomplished. One of
the witnesses la privately but vehe
mently insisting that he " was mis
quoted. New York is skeptical.
The incident gave, rise to the crack:
"What WOtlld TflVlnr aViH Rvnr,1rli
know about budget balancing? They
oan't even balance their own." Nei-
(Continued on Page Eight)
: 4-
ROOSEVELT OFF
NEW YORK. March 3. (AP)
Guarded by an army of 700 uniformed
police and plaln-olothes men in addi
tion to a detachment of secret ser
vice operatives, Franklin D. Roose
velt left today for Washington to be
sworn In as president of the United
States.
The presfdent-esct and hla party
left the Roosevelt home by automo
bile at 4:03 p. m., and drove directly
to the Liberty street ferry to cross
the Hudson to Jersey City, N. J.,
where a special train was waiting.
There were 100 police stationed
around the Roosevelt home, half a -hundred
rode motorcycles as an es
cort, more than 200 were stationed
along the route to the ferry, and 300
were assigned to the ferry house. -
WILL
ROGER?
BEVERLY HILLS, Cal
Mar. 1. Englnud says: "'We
won't sell war materials to
Japan, as she has been proven
the aggressor nation." We
say; "Well, that would be tak
ing sides." We want to be in
the position where we can sell
to both sides.
Then they wonder why Eu
rope thinks we are always out
for the douph. Let's don't kid
ourselves. We are out for it a
lot of the time. England tries
to stop war; we try to stop dis-.
armament. One fellow tries to 1
stop the actual fight; we try to
regulate the number of bullets
he shall have after ths fight
starts. Take your pick as to
who is t ho humanitarian. -
Tours,