Medford mail tribune., March 17, 1933, Page 1, Image 1

Medford Mail Trisu
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Twenty-Seventh Year
MEDFOKD, OREGON, ITOIDAY, MARCH 17, 1933.
No. 304.
ne
(gpMirinnirfinfo)
MM
1
Comment
on the
Day's News
By FRANK JENKINS
BANKS throughout the country
open for normal business, after
the unprecedented "holiday" period.
DEPOSITORS throng their windows.
Withdrawals are negligible.
That spells confidence.
THE New York stock exchange
opens for business after having
been closed for 12 days. There are
more buyers than sellers, and PRICES
RISE.
That, also, spells confidence.
COMMODITY prices generally are
strong, with more ups than
downs. Copper stocks, as probably
you noted, were among those shar
ing the rise on the stock exchange.
Copper prices are up a little, as are
rlno prices. Sugar Is up. "Wheat Is
stronger.
Here, again, we see the reflection
of confidence.
CONFIDENCE In 'the banks means
more deposits, and more depos
its, In turn, mean more bank credit.
What does more bank credit mean
to the common, ordinary Individual,
who has only his labor to sell? Well,
It means, for one thing, that If some
smart sawmill operator has found a
market where he can dispose of his
lumber at a small profit he can get
the capital with which to operate.
That, in Us turn, will mean JOBS
for workers who now have no Jobs.
AND don't forget this:
When workers who now have
no Jobs begin to get Jobs, they will
have a little money with which to
buy the products of factory and farm.
That will mean MORE business.
All this. In time, may be expected
to flow from increased confidence.
Confidence Is a big Item In business.
JUST a word,however, of caution:
Don't expect this Increase In con
fidence to bring business back with
rush OVER NIGHT. If you have no
Job today, don't expect half a dozen
Jobs to be offered you tomorrow.
When you have been very, very
sick indeed and the crisis passes
and you begin to get better, you
dqn't expect to go to work as usual
the next morning. Your recovery
takes time often quite a lot of It.
BUSINESS .has' been exceedingly
sick, and while It looks at this
moment as If the crisis were past re
covery will not be Instantaneous and
complete. Time will be required to
make business well again.
But you know how you feel when
someone near and dear to you has
been dangerously 111 and finally
passes the crisis and begins to get
better. You feel tremendously re
lieved and happy, and you don't stop
to worry about the doctor's bills that
will have to be paid later.
That is the way people are feeling
abous business right now. They are
relieved and happy and In the proper
frame of mind for facing the. tasks
of ultimate recovery.
That, In itself, means a lot.
-4
GIVE President Roosevelt credit for
meeting the banking crisis. He
stepped Into the breach with a plan,
and it looks very much now as if
his plan would work.
He la preparing to meet the farm
crisis. And again he has a plan. His
plan Is based upon restriction of
production partially by negotiation,
and partially, it appears, by psylng
farmers to keep their land out of
crops.
At any rate, what he has in mind Is
bringing about a situation where
there will be more buyera than sell
ers, so that prices will rise Instead
of going steadily down.
YOU may thlnkt of course, that
such a plan won't work. But at
least It sounder than trying to hold
prices up without doing anything to
keep production DOWN. We know
by sad experience that THAT won t
work. The farm board spent nearly
a half billion dollars proving that It
won't.
AND remember this:
You would probably have said a
month ago that shaken confidence
in Vie banks couldn't be restored In
a week. 3ut It HAS BEEN. The ln-
(Coctlnuecj on Page, fivei
ODffiTT DOTES
Sheriffs Unfitness
For Office Charged
Before Gov. Meier
District Attorney George A. Codding said this noon, that the hearing
ordered by Governor Meier to test the fitness of Sheriff Gordon L.
Srhermerhorn and Beeklng his removal, would be started before Circuit
Judge W. M. Duncan as soon as possibletomorrow or Monday.
PORTLAND, Ore., March X7. ( AP) 1
Governor Meier today announced he
was asking the Jackson circuit court
to hear charges that Sheriff Gordon
Schermerhorn of that county Is unfit
to continue In office.
The governor said he was acting In
response to a petition filed In the
Jackson county court yesterday by
Ralph Billings and R. E. Nealon,
Jackson county commissioners. In
their petition they said Schermer
norn had failed to fulfill his duties
and that his conduct of the Jackson
county Jail was indefensible,
They charged he refused to open
the doors of the county jail so that
his friends, facing arrest on a series
of Indictments, could be locked up.
The procedure will be before the
Jackson circuit court, over which
Circuit Judge Duncan Is presiding,
to report the findings In the hearings
to the governor. If the findings war
rant such action the sheriff will be
removed by the governor, and a tem
porary sheriff appointed. -
The governor was In communica
tion with several persons. He did not
comment on what steps would be
taken In the case of County Judge
E. H. Fehl, another official under ftre
in Medford. There has been no for
mal petition filed against Fehl.
Sheriff Gordon L. Schermerhorn,
when interviewed last night regard
ing the notice of cancellation by the
Massachusetts bonding and insur
ance company of $10,000 bonds, cov
ering his duties as sheriff, apart from
duties as tax collector, stated that
he would obtain new bonds. If neces
sary, and that he had been assured
such could be accomplished without
difficulty.
The announcement received yes
terday, he stated, was notice of can
cellation and did not mean that the
bonds had been cancelled
Sheriff Schermerhorn stated that
he planned to continue In his office
and denied all rumors of plans to
resign as Jackson county sheriff. "I
will carry on here," he stated, "the
duties of my office and have no In
tentions of restgnlng at this time. I
will produce new bonds whenever
they are needed."
f
G.O.P.
ROOSEVELT PATH
By ROBERT D. HETM,
(Copyrighted by MoClure Newspaper
Syndicate.)
WASHINGTON. Mar. 17. Even the
Republicans are keeping out of the
path of the avalanche of public sen
timent behind the President. They
are playing a shrewd game. Their
keyncte was sounded by Republican
Leader Bertrand Snell. who refused
to "throw monkey wrenches" Into the
mschlnery.
It will be recalled that the dis
pensing of the thousands upon thou-
( Continued on Page Eleven)
DOUG JUNIOR IN DENIAL
OF LOVE PIRACY CLAIM
LOS ANGELES. Mar. 17 P) A
vigorous dental of the charg of
alienation of affections and false Im
prisonment was
made today by
Douglas Fair
bank, Jr., screen
actor, who yes
terday was sued
for 4V50.000 dam
age a by Jorgen
Dletz, chemical
eneineer. .. .
Two actions
were f ! 1 4 hy
Dietz. In the first
he accuses the
screen star of
stealing the lore
i n d affections,
comfort and as-
si stance of his
wife, Mrs. flolveig
Diets.
In his second suit, the engineer
chared the screen actor. Michael
L-va. his nianarcr. and ollisrs. co-rr-ed
and tnreatnfd him with ini-
UJaM
oriso&aent to compel aim to desist
FEHL AT LIBERTY
E
Palure of Attorneys T. J. Enrlght
and H. V. Schmalz. counsel for E. H.
Pehl, to return from a conference
with L. A. Banks In his cell In the
Josephine county Jail this afternoon,
delayed the hearing before Judge
Duncan for a reduction of ball for
the county Judge. The hearing will
be held as soon as the attorneys re
turn. Fehl was still eluding tfie author
tics. ' Earl H. Fehl, county Judge of Jack
son county, under Indictment as one
of the 23 men who burned and de
stroyed 10,000 official ballots on the
eve of a recount for sheriff, con
tinued this morning In the back
ground, while hs attorneys H. V.
Schmalz of Burns, and T. J. Enrght
sought a reducton of bonds from
$15,000 cash to 17600.
Fehl. was not at the court house
today and he could not be located
this morning. Search was made for
him yesterday and last night.
Through his counsel he lias offered
to furnish S7500 bonds, with Ted
Helmroth and Ed Vogel as bondsmen.
Justce of t,he Peace Coleman yes
terday refused to approve the bond
except upon the personal appearance
of Fehl. Authortles said that Fehl
was trying to evade a personal ap
pearance In court.
The stat will Insist that the bond
of aiS.000 cash be retained and that
the situation Justifies this amount.
Counsel for Fehl hold that the
bond s excessive; that "It Is an In
hibition of the constitution," and
that Fehl's "official, social, political
position" Insures his remaining here.
Fehl was reported as In seclusion
at the home of friends.
PHOENIX SLATED
FOR CAGE FINAL
Phoenix basketball team went in
to the finals today in play sponsored
by the Southern Oregon Normal
school st Ashland, by defeating Yon
calla 13 to 12, in one of the hardest
fought games of the tournament.
Swingle and sears starred for Phoe
nix. Chlloquln also went Into the finals
by defeating Butts Falls, 3a to it
Lakevlew entered the consolation
seml-flnals, defeating Prospect, 27
to 8.
Tomorrow Phoenix will play the
winner of the Powers-Gold Beach
game scheduled for 1:30 o'clock.
from making any claim against the
film actor.
Dletr charges that Levee, Fairbanks
and others compelled him to go to
the district attorney's, where he was
restrained from his liberty for two
hours. Later, he alleges, he was
forced to go to a room at a down
town hotel, where he arain wae lm
prisoned for four hours.
riling of the suit brought to light
an investigation involving Fairbanks
Diet and a screen actress, Lucy Do
ra. lie, conducted by District Attor
ney Buron Pitts last December. The
investigation, Pitts said, was request
ed by Fairbanks, Jr. o
Put said the investigation dis
closed the pair had threatened the
alienation suit against Fairbanks If
he failed to buy a necklace. They
said, Flti declared, they wanted the
money in order they might marry.
Dietz "s suit alleges the alienation
of affections of his wife took place
ovt a period of a year, beginning
Fa'jrwarr. 1931. Mrs. Dltn Is no-v
rrportrd to be In Copenhagen, Den
vmajk, her home.
FRED KELLY NEW
CHIEF JAILER AS
Sheriff Gordon L. Schermerhorn
appeared In court his morning, with
his attorney, Frank J. Newman, and
Circuit Judge W. M. Duncan of Klam
ath county fixed his bonds, on the
Indictment returned Tuesday after
noon for the ballot theft and de
struction at 97500. Jens. Jenson and
Thomas L. Taylor, old friends, ap
peared as sureties. .
Fred Kelly late yesterday.' was
named chief Jailer, by the sheriff, fol
lowing a conference with the district
attorney's office.
Soon thereafter, the transfer of
prisoners arrested on the ballot burn
ing and criminal syndicalism charges
started. Up to this time, no men ar
rested In the ballot Investigation have
been held In the county Jail
Kelly Is In complete charge of the
county Jail. -; Two state policemen
are also present, all armed. No one
Is Rllowed to enter the Jail, except
upon a court order. 1
"Boarders" Lose- Out.
"' The county court Issued drastlo In
structions, that -no one, nbT an In
mate, be fed under any circumstances.
For some time "courthouse loiterers
have been eating their meals at the
county Jail table. Included in this
number were two youths, held In the
ballot stealing, and C. H. 'Brown,
father of Henrietta B. Martin, and
secretary of the "Oood Government
Congress." Brown was a luncheon
diner during January and February,
and often had company. He la now
eating county Jail meals, held on a
criminal syndicalism charge.
John Glenn of Ashland, named as
county jailer by Sheriff Schermer
horn when he took office, and ar
rested last Tuesday night on a war
rant chargng .complicity in the ballot
thefts, also occupied a cell In the
Jail over which he once ruled.
Ranks Followers Held
Others held were Oliver Martin,
"Congressman," "Banks guard" and
dally court house frequenter the past
ten weeks: Joseph Bunch, arrested
late yesterday on a "criminal syndi
calism" warrant, and characterized
as a "monor agitator." His wife call
ed this morning In an effort to pro
cure his release; Jean Conner, also
a guard and vice-president of the
"Congress, and his official "parlia
mentarian," R. C. Cummin gs, a lead
er of the "Congress" In the Wlmer
district; Virgil Edlngton of Gold
Hill, a "guard." wjho told officers he
was employed "to defend the consti
tution and the News.' and the "Rev.1
Edwin Malkemus, recent arrival here,
whose "Congress speeches" mentioned
"ropes snd noosee," and who propos
ed the "seizure of Jackson county.
Malkemus claims to be an ordained
minister.
4
10 BASTILE ALONG
F
Henrietta B. Martin, president of
Ube "Good Government Congress,"
ardent orator in support of Banks Ism
here, was arrested shortly before noon
today by state police, at her home,
and lodged in the women's ward of
the county Jail. The warrant charg
ed "crlmi n al syndics! ism ." It was
stated that Mrs. Martin since lae
yester d ay h as bee n end eavorl ng to
furnish bonds, but had been unsuc
cessful. In a statement published this
morning, Mrs. Martin said she would
"carry on the work started by Mr.
Banks." criticized Governor Meier foT
not interposing when requested to do
so last Saturday by her committee
on a visit to Salem, and announced
she had sent a "telegram to Wash
ington, D. C." regaling the local
situation.
Mrs. Martin accepted arrest coolly.
Joins three co-workers In JallL. O
Van'Vegen, a "congressman" who aot-
(Conunued on Flye ,
The Challenge Is Accepted!
r0 THE people of Jackson county want more innocent offi
cers shot down in cold blood, behind the skirts of some
woman!
Do they want continued lawlessness, continued pillaging of
court houses and burning of ballots f
Do they want this reign of terror followed by ANOTHER,
until this community is reduced to a shambles, and advertised
far and wjde, as a place where crime is encouraged, sedition
lauded, and murder condoned! i
If they do, then that is precisely what they are going to
have. All they need to do now, is TO LIE' DOWN AND
TAKE IT!
THERE is no regret for this crime on the part of those re
sponsible for it. No remorse. No sympathy for the dead ;
no human feeling for the bereaved and aged living; not a
THOUGHT for the mourning children.
The man who fired the fatal shot, who snuffed out the life
of a man who had done HIM no wrong, whom HE knew was
merely performing his. sworn duty, glories' in the terrible
deed.' He proudly tells the world, that under the same circum
stances he would KILL again I With a set smile on his face, he
walks over the body of his stricken foe, steps off the stage
he had prepared with his own hands, to himself escape the fatal
sentence, he had so pitilessly and wantonly inflicted; and is
apparently SURPRISED I he did not receive the plaudits of
his "Good Government" followers.
THE woman that had shiolded and aided him, that at a given
signal stepped aside, that the bullet might find a fatal
spot, poses proudly for her picture, with a smile on her face,
she supposed she shouldn't smile for such a picture but her
amusement couldn't be controlled she smiled and smiled
and smiled, adding "This fight
..
"A NOTHER woman the president of the Good Government
congress the woman who
her own hands, who declared the
SHOULD have been burned
effrontery to claim in one breath
in the next: "I would not be a real AMERICAN if I did not
continue to fight."
"An American 1" Continue, to. fight, for WHAT ! For
BALLOT BURNING, FOR HORSEWHIPPING, FOR DELIB
ERATE AND PREMEDITATED MURDER I
' THERE IS THE CHALLENGE, CITIZENS OF JACKSON
COUNTY! ARE YOU GOING TO MEET IT! OR ARE YOU
GOING TO LAUGH IT OFF AS JUST ANOTHER ONE OF
THOSE "FUNNY THINGS!" .
YESTERDAY when the fatal shot was fired, and one of the
finest and most fearless officers we have ever had, lay
crumpled and cold in death, we believed that that shot had at
last solved our problem. We felt it would certainly remove
the scales from the eyes of Banks' deluded and misguided fol
lowers; show them clearly their ghastly and tragic mistake,
and putting the leader, of this criminal conspiracy to destroy
this community, behind the bars, would result in the return
of peace and security too late it is true, at too great a
price, but we found consolation in that old adage "better
late than NEVER!" '
WE WERE mistaken. We frankly admit our mistake. We
underestimated the extent to which this poison had
spread ; we failed to appreciate the depths of human depravily
to which certain sections of Jackson county had fallen.
' Only a few hours after that editorial'was written, this office
received an anonymous phone call from some woman who
warned this paper to "lay off", who obviously was not only
in sympathy with the crime, but rejoiced in it. She agreed
with the wife of one of the Good Government leaders, that
"George Prescott merely got what was coming to him, that
there would be others!"
And today, this community is informed, that the fight that
has ended in this tragedy, that is solely responsible for it
"MUST GO ON."
WE DON'T know how the people of this community feel
about it. But we know how this PAPER feels. With
that brazenly lawless statement, we heartily agree. That chal
lenge to everything that is right and decent and law-abiding
in Medford and Jackson county Is promptly accepted.
"THE FIGHT MUST 00 ONI"
Yes, the fight MUST go on,
until every individual directly or indirectly involved in this
murder is BROUGHT TO JUSTICE !
Until EVERY person involved directly or indirectly in the
pillaging of the court house and the burning of the ballots,
is PUT IN" THE PENITENTIARY where he or she belongs.
Until EVERY person involved, directly or indirectly, in this
outrageous and diabolical conspiracy to destroy this community,
and overturn the government, under which we live, who has
contributed in any way, to the campaign of falsehood, char
acter assassination, and calumny which forms now and has
always formed, the fertile field in which seeds of hatred and
spite have flowered Into OUTRIGHT MURDER is either
placed behind the bars or forced to leave this section of Oregon
and never return!
(.Continued on Pag Pin),
will go on!"
boasted of taking the law into
ballot boxes that'were burned,
before, hag the unspeakable
she "regrets the tragedy," and
Indictment of
Banks, Wife,
Fleming Near
The Jackson 'county grand Jury. Theodore J. Bell, Jr., of Grants Pass
foreman, convened at 1:30 o'clock this afternoon to consider the return
ing of first degree murder Indictments against Llenellvn A. Rank. h
slayer of Constable lieorce J. Prescott,
uniiim-o ui umi.tiiimtMi mil iioniy ;
ricmiug, .iiiciiMHiYiiie orcnuruisi,
worker.
BANKS' DEFENSE
PROPAGANDA IS
SENT FROM JAIL
The propaganda that has emanated
from Ii. A. Banks, In Jail at Grants
Pass for the slaying of Constable
George Prescott, on the ground that
he shot tn defense of his home and
killed an officer performing his sworn
duty as he would "any burglar," has
aroused Intense feeling throughout
Jackson county and Is pointed out
as merely another effort to continue
sowing the poison of falsehoods
among hs followers in Southern Ore
gon. As the law clearly points out, and
all authorities agree, when citizen
at home or anywhere else Is served
with a warrant, he must submit
peacoably to service and nny effort
to resist la In Itself a serious crime,
When added to resisting arrest, any
person, as Banks did, shoots and
kills an officer when engaged In the
regular performance of his dutes, t,hi
act is classified ae even a more hel
nous orlme than the killing of a man
In the heat of passion and calls for
the most extreme penalty that the
criminal law allows.
Lawyers all assert that this de
fense Banks Is trying to build up
only increases the enormity of his
crime and accentuates the fact that
there Is no defense for such a crime
whatever. The talk about a man's
home being bis castle at such a time
beng simply nonsense with no stand
ing In law or or Jurisprudence whay
fiver.
PRESCOTT RITES
SET FOR SUNDAY
AT THE
George J. Prescott was born t
Ttookford. III., October 4, 1870, and
at the sge of three years moved with
his psrents to Bsgley. Iowa, where he
grew to manhood, and was married
to Lottie Ford, who survives snd who
Is now 111 at the Prescott home, 846
East Ninth street.
Three children survive, Francis
Prescott. Klamath Palls: Paul of Med
ford, and Mrs. Nota Henderson, Sa
lem. Also several brothers snd sis
ters residing elsewhere.
In 1908, Mr. and Mrs. Prescott and
faml.y moved from Iowa to Belgrsde,
Mont., Gallatin county, where Mr.
Prescott lster served as chief of po
lice end slso as deputy sheriff. In
1020 they came to Medford, and since
that time his service to the city of
Medford ss peace officer Is well known
to all.
' Oeorge Prescott was a member of
the Independent Order of Odd Pel
lows since a young man, snd was a
trustee in the local lodge at the time
of Ms death. In this order, he had
held all the offices and was an ard
ent worker all of the time for the
best Interests of the order. He was
also a member of the Modern wood
men and active In the Lions club,
and an executive In the management
of the local troop of Boy Scouts.
At the outbreak of the World war
his sg prevented him from enlist
ment: however, he served every duty
whre opportunity offered.
Funeral services, with Conger Fu
neral Parlors in charge, will be held
at the Armory at 2:30 Sunday, with
the Hev. William J. Howell of the
Presbyterian church officiating.
Interment will be In the family
plot In the Medford I. O. O. F. ceme
tery. Willamette Win.
SALEM. March 17. (API A de
bate between dual teams represent
ing Weber collene of Ogden, Utah,
and Wlllsmette university of this
Ity. resulted In s critic Judce's de
cision for Willamette here last night.
In fulfillment of his long boasted
nia wue, Kflltli B. Banks, and E. A
ana "UOOU Irovenunent
Congress"
Indictment are expected to b re
turned late today and the district at
torney'a office announced t,hst the
trio would be arraigned for plea and
brought to trial with the least n.
alble delay.
Mrs. Banks, transferred with Mri.
Arthur La Dleu from the city to th
county jail last night, rested com
fortably in a cell with her chief con
cern about her 12-year-old daughter,
and why "Oood Government Con
gresawomen" had not called to prof-'
for consolation. Mrs. Banks maintain
ed the cool and calm meln that fol
lowed her detention yesterday, though
the muttering of angry citizens with
out her cell were said to have per
turbed her somewhat. In her ona
Interview after the crime. hn,..
she kept a defiant attitude and. ac-
wimnii 10 oincere. treated the entlr
tragedy, In which she played an Im
portant part, flippantly. .
A report to local authorities this
morning from Grants Pass said Banks
had started to "worry," Uiough attll
defiant. He continued to poao as a
martyr, and repeated his familiar
charges "that Justloe had collapsed"
and that he was the "victim of a
frame-up."
Fleming la Serious
Fleming, well known here for the
past . IS yeara, regarded the situation
with more concern and aerlousness.
He wss a caller at tha Banks horn
when the murder occurred. The au
thorities an Investigating the part he
played before and after the tragedy.
None of the three, up to noon, had
retained counsel. Neither Banks nor
his wife had received word from
friend or kin In California, It was re
ported. . Banks is expected to plead Insanity
and the state will contest suoh a
defense vigorously. The state . will
maintain that It was a premeditated
murder and that Banks hsd made
threats and boasts that he "would
resist arrest" and that he shot from
the partial cover of his wife, who
stood at the door.
The lettera signed by Banks, ad
dressed to the chief of police and
Captain Lee M. Bown, and found by
the body of the slain officer, Indi
cate premeditation, it Is claimed. Th
state is also prepsrad to show that
Banka transacted business and sign
ed deeds and other legal papers a
short time before the murder: that
his ,hom contained srms, and that
the doors were locked with chains.
Letters Written Later, Hint
Authorltes are also Inveatlgatlnf
the theory that Banks dictated the'
letters after the slaying. Mrs. Banks
admits either writing or copying
them. Sergeant James O'Brien, mho
(Continued on Page Five)
WILL
DOGERS
'says:
BEVERLY HILLS, Cal., Mar.
16. My bank opened today.
Instead of being there to draw
my little dab out I didn't even
go to town. Shows you I heard
Roosevelt on the radio.
Bankers should have over
their desks this motto t "God
bless' Koosevelt, God' bless
radio and then, r. S., God bless
interest." But I am telling you
that Roosevelt should- corns
ahead of interest, and all in
the world it took to do these
things was to forget about war
debts, disarmament, China's
plight, Germany's plight and
just concentrate one week on
"America's plight."
America can carry herself
and get along in pretty fair
shape but when she stops and
picks up the whole world and
puts it on her shoulders she
just can 't " get it done. "