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Twenty-Seventh ear
MEDFOltU, OREGON, TUESDAY, MARCH 21, 1933.
No. 307.
nn
M
E
M
is
SEMI
MlMf
CLAIM OF BENSON IE
IS DECLARED JUST
Norton Decision for $500 Is
Affirmed Tollefson Plea
for Rehearing Is Denied
Pardon Now Only Hope
8ALEM, March 31. (AP) In the
flret opinion handed down by the
Oregon supreme court since the legal
holiday period which started March 3
h court today rendered 14 written
and a score of oral decrees. None of
the cases were declared of major im
portance, many Involving suits for
money and performance of contracts.
An opinion by Justice Harry Belt
affirmed tha Jackson county circuit
court in the case of Axel Benson and
Adlna Benson, respondents, against
the city of Medford. The opinion
stated this suit was a suit to recover
' tamsges on account of sewage which
the city permitted to escape from Its
septic tank Into a stream running
thru real property alleged to be own
ed by the Bensons.
The circuit -court, presided over by
Judge H. D. Norton, returned a ver
dict of 500 against the city. Med
ford appealed, but the court affirm
ed the lower court. The opinion
stated "there will be no danger of
the city's being subjected to another
auch action on the same state .of
facts."
Other opinions handed down today
Included:
Petitions for rehearing denied in
Conn va. Duntley and state vs. Tol
lefson. By virtue of the state supreme
court today denying his petition, for
a re-hearlng, only executive clemency
stands between Alvln Tollefson and
state prison.
Tollefson la under sentence to serve
two years and six months for perpe
tration of a bank robbery hoax May
10 last, to' which 'he confessed ana-
entered a plea of guilty. As cashier
of the Central Point State bank, re
cently closed, he reported a bank
robbery. The hoax was discovered
later. Tollefson then admitted he
had used this means to cover up his
own defalcations. All the money
taken was recovered. Some had been
hidden In a coffee pot at Tollefson's
home.
Tollefson entered a plea of guilty
before Circuit Judge Norton and was
sentenced to state prison. Immeai
ately steps were taken tP appeal the
case, and petitions to the high court
filed, on the grounds that Tollefson's
constitutions! rights had suffered.
At the time of sentence a large
number of Medford and Central
Point people asked that he be grant
ed a parole, which the court denied.
It Is understood that petitions, wide
ly signed, are ready to be presented
to the governor asking for clemency.
The Tollefson case gained wide at
tention at the time, and has been a
source of public Interest here for
several months.
F'
An opn forum on the subject of
"education" was held at today's meet
ing of the Medford Rotary club. The
discussion was conducted oy uienn
Smith. orinclDsl of Medford high
wi:. who answered numerous
quwtlons asked by his fellow Bo-
tarlans. Among the topics discussed
were vocational tendencies of the
nwKt Hiv student, the use of leisure
time, good citizenship ss developed
In the schools and the value of a
college education. The merits of the
mnullriitvd countv school system
and ether Interesting phases of the
school economic problem were siso
discussed during the session. me
totsl enrollment of the Medford
ffe'u.l ! nearlv 3.000 this Tear,
hloh la approximately the same as
last year, according to the speaker.
The teaching staff, however, has been
decreased In line wi'.h the economy
progrssn instituted In the local
schools sometime ago.
faA- w-rvinAlri of the Oregon
State college basketball team was a
guest of honor at the meeting, ana
m .f the recent series with the
Unlwrsity of Southern California, for
the Pacific coast chsmplonanip.
to " r a former Medford high
t,w.i Athletic, star. a!d tribute to
his coach, "Slats" Gill, and spoke
highly of the sportsmanship .01 tne
defeated Trojsn team.
A motion was unanimously psssed
at the meeting that the Medford no
tary club subscribe to the oeorge
Pre.cctt memorial trust fund wnicn
1. nn- helni raised. The Rotary sub
scrif tion will be In sddltlon to those
made by Individual members or me
cluV
p-,i.!nt Lantts announced that
nominations for officers would be In
order at next weeks meeting, and
, mm! a full attendance.
Ernest Otlstrap of Eugene was a
siting Rotartan at the session, and
gues's included Fred McDonald of
Corrtllls and A. A. Hedges of San
Francisco,
Will Prosecute
1 WI5
WILLIAM S.I.BVENS, assistant at
torney general, named vcslerdny by
the governor as specinl prosecutor of
cases In Jackson county.
FUGITIVE MAYOR
State pollc today were chocking
upatnte hospitals In an effort to lo-
cat Waltr J. Jonea, mayor of Rogu
River, indicted in the ballot theft
cases, and reported yesterday by hi I
At.orL.cya aa sick In a Portland hos-,
p.. . In an amaavit iue oy nia
course.. The district attorney's of
fice ordered his arrest yesterday,
when and if found. State police said
they had been unable to find any
trace of Jonea In Portland hospitals.
Jones was not a home last Wednes
day afternoon and evening, when an
effort was made to serve a warrant
upon Mm. Saturday his attorneys
announced he was '.n Portland, ancj
would" surrender' Monday at "10 A. "m.
He 'failed to do so and later the affi
davit was filed claiming sickness.
Jones was a leader in the "Good
Government Congress," and was a
frequent courthouse visitor, taking
part in the "demonstrations." Au
thorities say he was both inside and
outside the courthouse auditorium on
the night the ballots were stolen.
Claude Ward, a brother-in-law or
Banks, also Indicted on the ballot
theft charge, is 111. His sickness Is
certified by a doctor's affidavit. He
will be served with a warrant as soon
as his health will permit.
All warrants In the ballot stealing
case have been served except the
John Doe warrants, and those for the
above two men. Officials claim that
all tne leaders are apprehended. They
refused to deny or confirm the report
that "a dozen have confessed.
John Glenn of Ashland, former
county Jailer, held In custody. Is ex
pected to furnish ball In the sum of
(Continued on Page Three)
!
BY DOG FANCIER
PORTLAND. Ore., Mar. 21. (AP)
David P. Ewen, dog fancier, who re
cently surrendered to the constables
office on a charge of cruelty to ani
mals preferred by Mrs. F. W. Swan-
ton, manager of the Oregon Humane
society, today filed suit for $6000
against the humane society for re
moving forty dogs from an enclosure
on his farm.
Ewen, who was In Montana when
the dogs were removed to the soci
ety's pound, posted bail bond when
he returned to the city. Agents of
the society were quoted as having
said the dogs were in "a half ti"M
condition." Ewen said he left be
animals In care of other per ions
when he left the city and that plenty
of food was provided for them.
FARMERS IN RUSH TO
GROW BARLEY CROPS
CORVALI.TS. Ore., March 21. (AP)
Any wholesale rush to barley growing
by Oregon farmers would be purely a
gamble, in the opinion of farm crops
specialists at Oregon State college
e?en though legal beer Is just around
the corner. Oregon once raised con
siderable acreage of malting barley In
the eastern part of the atate. and
Oregon specialists have been study
ing the situation ever since there
was a possibility beer might again be
legalised.
4
Radio for Palrm Cop.
PORTLAND. Mar. 21. p A dis
patch to the Journal from Washing
ton, D. C. satd a license for a short
wave broadca sting station for Salem
police was granted by the Federal
Radio commission today.
4
More than 7M 000 persons visited
at the Akron. Ohio, municipal air
port 1U 1932-
Beer Bill Ready
81
E
Slaying of Prescott Under
Probe Today Fleming
Only Prisoner Showing
Regret Early Trial Aim
The Jackson county 1 grand Jury,
Theodore J. Bell, Jr., of Talent, fore
man, this morning resumed investi
gation of the wanton slaying of Con
stable George J. Prescott last Thurs
day morning by I. A. Banks, agitator,
editor and orchard let, while resisting
arrest for service of ft warrant for
complicity in the ballot robbery..
The grand Jury is under supervis
ion' of Assistant Attorney General
William S. Levens, named yesterday
by Governor Meier as special prose
cuting attorney for all cases of crim
inal syndicalism, criminal libel and
the ballot thefts, besides the murder.
SlPTlng Admitted.
First degree murder indictments
will he sought against Banks, who
admitted the killing of Prescott, ac
cording to police, and declared '"he
would do It again under the same
clroumstance," his wife, Edith R.
Banks, who held open the door for
her mate, while he fired the fatal
shot, and E. A. Fleming, Jacksonville
orchardlst, at the Banks home before
and during the murder.
Fleming, alone of the three mm
der scene principals, has shown re
morse. Banks continues to main
tain a defiant attitude, and pictures
himself to his Jailmates as a "mar
tyr." He claims to be the victim of
a "conspiracy,"- Mrs. Banks, in her
cell In. the, county -jail, continues cool
and calm, and without regret. .
Report Thursday, Belief.
The grand Jury is not expected io
complete Its investigation until late
tomorrow, of the murder, and not
report until Circuit Judge W. M.
Duncan of Klamath county returns
Thursday morning to the local bench.
As far as the authorities know,
Banks has received no word from his
two brothers residing In California,
and neither has been to visit him.
Yesterday Mrs. Banks dispatched a
telegram to a Salem acquaintance.
asking that he recommend a Port-
(Contlnued on Page Five)
REMAIN AT HOME
PALO ALTO, March 31. (AP)
Back from the long years of govern
ment service In war and In peace that
culminated In the presidency, Her
bert Hoover entered his home on San
Juan Hill here today and told Inter
viewers he hoped to remain there "for
the next 20 years."
The former president received the
greetings of state officials, Republi
can leaders and neighbors at the Palo
Alto community house after motoring
here from Oakland, where he arrived
by train from Chicago this morning.
It was a quiet ceremony. About
300 persons cheered and applauded
as the police-escorted automobile
bearing the former president, drove
up.
PORTLAND BEER
PORTLAND, Ore- March 31. (AP)
A 93000 annual license for manufac
turers. Jobbers and wholesalers of
beer In Portland waa tentatively de
cided upon today as city officials be
gan the task, of drawing an ordinance
taxing and regulating beer. There is
no state license, tax or regulation,
the legislature having left the matter
to municipalities.
City statutes now prohibit sale of
drinks containing more than one
tenth of one per cent alcohol. This
la to be repealed and the taxing ordi
nance substituted.
RUFUS HOLMAN OFF
II
SALEM. March 21. (AP) Rufus
C. Holman. state treasurer, plans to
leave Portland tonight for a trip to
Mexico City, It was learned through
his offices here today.
Holman. It was said, expected to be
absent about five weeks on his visit
nouth. He planned to go by boat to
Ran Digo and from there by train
to th Mexican capital
PEAR GROWERS OF
3GUE VALLEY TO
GET RELIEF FUNDS
R. F. C. Aid Promised in
Telegram From President
Exact Basis of Loans
to Producers Unknown
PORTLAND, March 21. (AP) .
'Some relief" In the basis of loans
has been approved by the reconstruc
tion finance corporation for producers
of applea and pears in Oregon, ac
cording to a telegram received last
night by Governor Julius L. Meier
from President Roosevelt.
In response to the governor's re
quest that some new measures of re
lief be extended Oregon growers, tne
president said:
"Tour telegram, March 18, In re
gard to the basis of loans by recon
struction finance corporation and re
gional agricultural credit corpora
tion for producers of apples and pears
In districts of your state, was re
ferred by me to the directors of the
reconstruction finance corporation
with a request that the subject be
most carefully reconsidered. .
I am advised that some Increase
In the basis of loans has been ap
proved and reconstruction finance
corporation Is sending out word of
that today."
(Continued on Page Three)
DR. LAMBERT OF
-FOOTBALL. FAME
IS SHOT BY
COLUMBUS, O., March 21. (AP)
Dr. P. A. Lambert, nationally known
football official and member of the
advlaory council of the national rules
committee, was ahot and probably
fatally wounded by his aon. Samuel,
IT. early today during a family quar
rel.
At a hospital, where Dr. Lambert
underwent an emergency operation,
he absolved his son from all blame.
Young Lambert described the shoot
ing aa accidental. He said he had
been, called by Mrs. Lambert, who
told him his father had choked her
and twisted her arm. Then, the
youth said, his weapon wss discharged
accidentally.
Dr. Lambert's condition was de
scribed by physicians as "extremely
serious." The bullet grazed his lung
and pierced hla liver.
Mrs. Lambert told police her hus
band had been drinking and that ahe
called her son to her aid. . When the
son entered the bedroom, she said
her husband picked up a revolver
and that the youth grappled with his
father for the weapon. As Lambert
backed away the gun waa discharged
Dr. Lambert Is secretary-treasurer
of the Columbus Serum Co., and has
written several books concerning foot
ball rulca.
KLAMATH NAMES
-MEAT INSPECTOR
KLAMATH FALLS. Ore., March 31
(AP) The city council last night
named Dr. C H. Hartman of Cottage
Orove. Ore., aa meat and milk In
spector for Klamath Falls.
Jack Ward, of Orand Rapids,
Mich., hss a dog who found his way
home 30 miles distant in 13 hours.
Love Cannot Return to
Old Environment-Joan
HOLLYWOOD. Cei- Mar. 21. -(P) 1
Any reconciliation between Joan
Crawford, screen actrta, and her act
or husband,
Douglaa Fair
banks, Jr., will
have to take
place in an "en
Mrely new atmos
p b ere." M Ms
Crawford said to-dy-ln
Tevealln
she had started
negotiations for
ihe sale of her
home In Brent
rood. The actress said
it Is her inten
tion to dispose of
her beautiful
loan Crawford
home and bul'd
a new and small
er home for herself. Her decision
to el! her home was made after
spending several night alccve whiciu
0
for Signing Tomorrow
Employment Relief Plan
Placed Before Congress
In Roosevelt's Message
Work in Forests Through Organization of
Civilian Conservation Corps Is
Urged for Early Summer
camps where President Roosevelt plans
. . i m i . k.in. l-t ml
in iniproi"K imc(M - c
In ready to carry out Its port of the
notice.
WASHINGTON, March 81. .
(AP) Chairman Connery of the
house labor committee todny re
fused to Introduce President
Roosevelt's unemployment relief
bill on the ground that organ
ized labor Is opposed to It.
warwtnotoN. March 31. (AP)
vnMiri.nt Roosevelt recommended to
congress today the creation of a "elvll-
lan conservation corps'" to give jd
In the forests.
Atnin wrltlne concisely, he ad
dressed hla fifth major proposal to
the legislators wnn a prumi Ha
ting 350,000 to work "by early Bum
mer." If given authority to proceed
within two weeks.
Grants to States Urged.
Th. nr.M.nfc also outlined augRes-
tlona for "grants to atates for relief
work." and a broad program of pub
lic construction.
it. ..l(.rf Mtnhllahment of the of-
.1,-. nf federal relief administrator tO
direct the machinery for co-ordination
of his relief plans.
He said he would submit soon n
congress' recommendations to carry
out the direct relief work and the
public construction plan.
Funds are nvauaDie lor -renci
May, he said, necessitating further
appropriations before that time, .
The presidential text ioiiowb;
To the congress:
t i. .unt.tfti to our recover? pro
gram that measures immediately, be
enacted aimed at unemployment
lief. A direct attack In this prob
lem suggests three types of legisla
tion. ...
, Plans Outlined.
u. ft.. i. th Anrnllment of work
ers now by the federal government
for such public empioymenv aa
be quickly started and win not Inter
fere with the demand for or the
proper standards of normal employ
ment. The second Is grant to states ror
relief work.
The third extends to a broad public
works labor-creating program.
(Continued ' on Page Three)
PEACE PLAN. GIVEN.
TENTATIVE BACKING
PARIS. March 31. (AP) Tentative
acceptance of the peace plan of Pre
mier Mussolini of Italy wea under
stood to have been given today by
Premier Edouard Daladler and For-
uii.t.. .TnMnh Paul Boncour
to Prime Minister Ramsay MacDonald
of Oreat Britain and Sir jonn Dimou,
his foreign secretary.
Loans Are Made.
PORTLAND. Ore., March 31. (AP)
Charles H. Stewart, vice-president
and manager of the 11th district
home loan bank, announced today the
office has to date loaned alTS.OOO to
Its members. Two loans were made
to building and loan wtelatlons In
Montana, one In Washinsion and one
In Oregon.
followed her separation from Fair
banks.
"My decision to sel! the place does
not mean there Is not a possibility
of reconciliation," Miss Crawford
stated. "However, any reconciliation
would have to be made in an entirely
new atmosphere.'
Miss Crawford and Fairbanks said
they had separated "as the only
means to our future happiness." Both
denied there was a.ny "other woman"
in tho separation, and Fairbanks an
nounced he would set out to re-woo
Miss Crawford.
FIVE IN YACHT
DIE BY FUMES
VANCOUVER. B. C, March 31.
(AP) The five members of the fam
ily of W. Cross, of Dapp. Alta, were
dead today, victims of carbon mo
noxide poisoning on the yacht Jn
which they had planned to cruise
during the summer along the British
Columbia coast.
tm have unemployed put to work
hv th II ft f nrott. urrlrv. which
- - -
gigantic employment plnn on short
PORTLAND, Ore., March 31. (AP)
Several thousand men could be put
to work In the national forests of
Oregon and Washington under the
relief plan suggested by President
Roosevelt, O. J. Buck, regional for
ester, said here today.
The forestry office today had not
been advised as to how tha proposed
legislation may be administered, but
In anticipation of the plan Buck has
been making a preliminary survey
of tha situation In the Pacific north
west. For executive positions, he
said, the object la to find men who
are familiar with logging and timber
clearing. '.
Fire protection wtlrbe "one of the
most Important developments, Buck
said. This will be accomplished by
removal of snags along highways and
on connecting ridges, the clearing of
fire lands around summer camps and
recreation grounds, and development
of road and tralla. New recreation
areas will be opened and roada con
structed to them. Water systems will
be Installed and sanitary provision
made.
Buok said the first work will be
on the lower levels In the upper Wil
lamette valley, oh the coaat and In
the Puget Sound area. East of the
Cascade mountains, It U proposed to
develop range conditions.
GOLD PANNERSTO
VIE ON SATURDAY
So much Interest was shown In the
panning contest recently put on by
the Southern On. aon Mining associa
tion, that another contest Is being
arranged for Saturday afternoon,
March 20.
Prizes of merchandise will be of
fered for" both the women's division
and the men's division. New and
more stringent rules will be adhered
to and th apace arranged so that
everybody can see the contestants.
There la also a packing contest con
templated If the association can find
the time and opportunity to con
duct It.
- All persons, and this includes all
girls and women as wen as an men
should register with the secretary at
the chamber of commerce. Before tne
events are called.
A meeting of the Mining associa
tion will be held at the chamber of
commerce rooms Wednesday at 7:30
p. m. A full attendance of the mem
bership la desired that all necessary
preliminary arrangements for this
contest may be closed.
OREGON 10 VOTE
SALEM, Mar. 31 . (fl Unless error
or discrepancy In the senate bill call
ing for the special election on July
31 will prevent submlaslon of Initia
tive measure, the people of Oregon
will vote to repeal or retain th pro
hibition amendments to th state
atltut'on on that date. At th asm
time th people will eleot MS dele
gats to pas upon repeal of the lflth
amendment to th federal condtltu-
tlon.
With 873M certified names of legal
voters attached, aa aeainat 36.666 re
quired, initiative petition calling for
submission of the repeal question
were filed lata yesterday with the
ecretary of atat.
Eighty-six carloads of Christmaa
tree were used In th city of Cleve
land. Ohio. In 1931.
An order for WOO ton of te1
tubes has been placed at Newport,
Wale, by th Soviet government.
Starts New Duties
;
:
tlanmtt H. Dern. former Utah
governor, as he looked In Washing,
ton. D. C, upon assuming office al
secretary or war in ine noosoveu
cabinet. (Associated Press Photo)
SOLONS' REVOLT
THREATENED AS
F.D.
Boys In Congress Becoming
Restless Under Strong
. Arm, Tactics Farm Re
lief Plans Are Ambitious
Copyrighted by McClure Newspaper
Syndicate.
By PAUL MAIXON.
WASHINGTON, March 31. Th
boys In congress have bocome restless
underrieatH. '
Under their breaths they are dog.
gonntng the Roosevelt strong arm and
muttering the honeymoon la' over.
Prom here on In they Insist they aro
going to have, something to say about
the bills they pass.
That depends.
If the grapevines from out In the
country do not He, Mr. Roosevelt's
strong arm tactics were v;rr popu
lar. . There ia.no question that con
gressional revolte against blm are
brewing. But If the first one is met
with a wave of abus against con
gress It will not take the boys long
to find out which way the wind Is
blowing.
Mr. Roosevelt has some farm in
tentlons he is not divulging Just yet.
He has his eye on the profit of
middlemen. While his bill does not
say so It would authorize the governr
ment to go after wholesalers and re
tailers of farm products. At least
that Is the Interpretation given pri
vately by the man who wrote It
Prof. Rex Tugwell of Columbia.
Therein lies the explsnatlon of why
th bill promises Increased agrlcul
tural prices without commensurate
Increase In cost to the consumer.
That laudable objective will , be
hard to reach.
Mussolini haa leas power thsn th
secretary of Agriculture would have
under the farm bill. It. gives him
(Continued on Page Three)
CAT AND RAT CHUMMY
NEW CASTLE. Pa., March 31 (AP)
If the Pled Piper ever get around to
New Castle and goes to work, he
probably will find a cat among hla
followers.
The cat lives In a feed atore. A
elty employe who threw her a piece
of bread was startled A few minutes
later by seeing the feline chewing
on? end of the crust and a rat eating
th. other end.
But It didn't surprise Jack Whit
caretaker at the city tool house next
door.
"They play together," he said.
COLLECTOR OF TAXES
CRUZ ALTA, Argentina. Maroh 31
-(AP) A boy of five. Rlcardo Plg-
non. today ahot and killed a tax col
lector, Pedro Bernola. when the col
lector vialted his grandfathers home
Th boy said that he beard th
visitor demand money and believed
him to be a kidnaper because he had
heard much discussion recently of
abduction a t killings. -
Morning
OF.
SENATE DELAYS
SIGNATURE DAY
Fifteen. Days Must Elapse
After Roosevelt Signs Be
fore Sale of Beer Begins
in Unrestricted States
WASHINGTON, March 31. (AP)
The house Of renrenentntlVA. vn.
final passage of the 3.3 beer and wines
"in many, Dut senate adjournment
before the vote took place made It
Impossible to send the legislation to '
nno nouse ror president Roose-
to sign It before niirht.fi! ..,
been planned.
There waa no record vnt in .i..
house, only a short speech against
"in uy Kepresentatlve Blanton
Tex.) nrecedimr the ...
"ay." .
Sine the vice-president has to sign
le bill while the senate la In session,
Can not BO to the nrMlrint.
tomorrow. Then fifteen daya must
elsps after a alffna it brnM --i-
can ba begun In states not having
icnbncbions against It.
It was questioned imon. nrMuia
whether. If the president signs th
nD imo iaw ny noon tomorrow, April
R fr t lli U .1 . . .
... u. .no tint saie oay.
The conference rennrfc nmvlrilH.
wine of th same alcoholic content
ny weight aa beer, waa approved yea
lerdoy by the senate, 43 to 38.
The measure .llm... - i.uu..m
fight between congressional wet and
drya. with the former force victo
rious for the second time this yer.
Late In the last session, congress voted
to suomit repeal or. taa 8th amend
ment. Action On the rennrt ram Im .1.4
house shortly after It waa received
from th senate. Debate waa limited
to an hour. Representative Oullen of
new xora, assistant Democratlo
leader, sousht annrnvni withnn.. .
roll call vote.
BEND, Ore., March 31. (API-
Charles Kunzey, bound over to th
grand Jury here yesterday on a
charge of slaying three trappers at
Lava lake nln year ago. haa hit
upon a method of commerclalliln
his notoriety.
Assisted by a cell-mate, police said.
Klmaey appears In front of hla bar
so that spectators, who have paid ten
cents, may peer at him. Th cell-
mat arrange th "booking."
4
Flood Threatens
' CINCINNATI, O., March 31. (AP)
Flood water threatened new de
struction here today wearing down a
levee protecting home and th
municipal airport In the extreme east
end,
Will
SANTA MONICA, Cel., Mar.
20. If the bper is three and a
fraction per cent, alcoholic,
and 'yon want to get 100 per
cent drunk, why all yon're go
ing to Lave to do is drink
33 1-3 glasses. Fifty per cent,
drunk is glasses.
We will 'be the only country
in the world where yon cun
just regulate your intoxication,
by arithmetic. Yon say to some
friends: "Let's go out and
have a 10 per cent, good time."
So yon get. out your pencils
and find that's, only 'three
glasses, so you all decide to
raise it to a 20 per cent, party.
A wife will bawl out, "John,
you have had 1214 per cent, too
much now.
From the looks of it the
treasury is going to get a big
ger kick out of it than th
Ul 1MIM.-I I.
Tours, .
itil Miiwtlri. U
W ROGERS
X7 p$gys: