Schmeling-Baer Fight to Be on Tribune Loudspeaker Thursday r i i i The Weather Forecast: Cloudy tonight and Th art da Normal temperature. TEMPER TLRK Highest jesterday .... 77 1. n vest (his morning ...M Medford Mail Trie A growing circulation The circulation of the Mail Tribune la crowing rapidly. Hundred! of new readers have heen added in the past few monilik Paid-up circulation la the mud that para Ad. dividends. f 7 Twenty-eighth Year MEDFOUD, OREGON, WEDNESDAY, JUNE 7, 1933. No. 66. iiuu vm MR BE El B Comment on the D iy's Ne ws By FRANK JENKINS OPPONENTS of inflation In the senate put up a hard fight agaimt the gold standard repeal bill, but LOST. They expected to. The reason they . put up a fight is that they want to be In a position to say "I told you so" If Inflation doesn't work. MEANWHILE, under the stimulus of inflation, the stock market climbs to new high points, the Stand ard Statistics average, which Is printed dally In this newspaper, hav ing passed last week the highest point reached In 1932. . ' -e BUT don't pay TOO MUCH atten tion to the stock market as an Index of returning prosperity. It Is Interesting as Indicating what people are thinking about the future, but Its recent rises have been influ enced by speculation and NOT by actually Increased earnings on the part of the Industries whose stocks are dealt In on the exchange. Increased earning power on the part of business and Industry will be the BEAL sign of returning prosperity.. EiARLY last spring, a young man of i whom this writer knows bought an automobile, paying down on It the sum of MOO In cash. Now he Is grieving. If he had put that 200 Into a certain favorite stock he has been watching, buying the stock outright, he could have In creased it to $500 by thla time. It he had bought on margin, he could have done a, lpt better, His pleasure In the modest car he bought is marred by the thought of the BIG CAR he could buy now if he had had the nervf to plunge last spring. HE IS LUCKY not unlucky. If he had gambled and got away with It, at his age, he would prob ably have been ruined for life, for the easy money habit, once It Is form ed, Is harder '.o get rid of than the liquor habit and equally destructive of morale. It souitds old-fashioned to say ao, but It la nevertheless true that pros perity Isn't going to be brought back by gambling on the stock market. It will take hard work and good brains to turn that trick. ASOLINE Prices to Rise," a J headline Informs us. Not so good. We all have to BUY gasoline. It la the big shots who sell It. Gaso line isn't a little man's business. 6tlU, the big gasoline business pro vides good Jobs for a lot of little fellows, thus giving them the cssh with which to buy what WE have to sell. TIERE in Oregon, we pay already a XI tax of five cents on each gallon of gasoline we buy four cents state and one cent federal. In a few days more we will be paying six cents, for the leglslsture added another cent to the gas tax when It reduced automo bile licenses. The federal government Is talking of adding three-quarters of a cent more. If that Is done, the total tax on gasoline here In Oregon will be six and three-quarters cent per gal lon. IF THE TAX gets much higher thsn that, bootlegging will become highly profitable, and If bootlegging becomes highly profitable, receipts from the gasoline tax will begin to suffer. The point Is this: When a good thtng is overdone, it ceases to be a pood thing. The gasoline tax has been a mighty good thing so far, raising a lot of badly needed money with out really hurting anybody. Pushing it TOO HIGH will spoil It. ON THE other side of the picture, we rcid that postage stampa are COMING DOWN. Fotmeter-Oneral Farley. In a speech in Pennsylvania, ssys the cost of sending a letter will be back to two cents "within the next few weeks." This in sp,ie of the fact that even' ith three-cent postage the postot Iice department runs up a deficit. (Continued oo Page Four) DENY DEFENDANTS PEEK AT EVIDENCE IN BALLOT CASES Judge Rules County Judge and Schermerhorn Have No Right to Pry Into Mat ters Before Court Trial County Judge Earl H. Fehl, one of the defendants charged with bal lot theft was denied the right to Interview state witnesses, and Inspect reputed statements and confessions obtained by the state in a decision handed down this afternoon In cir cuit court by Judge George T, Skip worth. Fehl's motion for the Inspection and Interviews wm overruled. A similar motion, Introduced In behalf of Suspended Sheriff Scher merhorn was also denied. The defense filed the usual excep tion to the ruling of the court, and the same was allowed. The court .held, among other points ; "that the law gives the defendants no right of Inspection simply to pry into the evidence of an opponent." The ruling of the court, in part, is as follows: "It would be manifest error for the court to make the order demanded by the defendant and would be an absurd abuse of discretion for such an order would be absolutely con trary to law. . "It la the duty of the court to we that the defendant is given a fair and Impartial trial and this the court wlil attempt to do to the ut most of its ability.' But to ask the court to make such an order as this Is beyond the bounds of reason." I will say that I have given this motion most careful considera tion, and In addition thereto I have studied the authorities applicable- to the question and I can find no authority which would warrant ' the court In making the order requiring the state to deliver to the defendant or his attorneys the written state ments of confessions or memoranda of- the testimony of his witnesses to the defendant. It Is not the law. The case In 99th Oregon does not ao hold, and It Is the duty of the court to administer the law. If this were the rule, it would subvert the ad ministration of the criminal law. Witnesses would be tossed to and fro, they would be harrassed first by one side and then by the other side and there would be no regularity whatsoever In the administration of the criminal law, and for this reason the motion Is overruled." Tn its written memorandum, which the court read, the court said: "Under the authorttlea. it Is an absolute abuse of discretion. If the court has such discretion, to order the 'state to deliver Its evidence to the defendant . , . "It would be as reasonable to com pel the defendant to disclose written statements of his witnesses to the state, as for the defendant to ask the court to compel the state to dtaclope the written statement of its witnesses to the defense. "The defendant Is advised by the Indictment of the charge he la com pelled to meet, Under the constltu-. tlon, he has a right to meet the wit nesses face to face and cross-examine them; this right he will have at the trial of the case. "... It would be an abuse of dis cretion to permit the defendant. to have poKse.viion of the written state menu of the state witnesses. "It wotild be a manifest error for the court to make an order as de manded by the defendant, and would be an absurd abuse of discretion for such an order would be absolutely contrary to law." The court held that "in effect the motion was a bill of discovery." It was further held that the affidavits of Fehl and his attorney. A. C. Houtrh are "immaterial to a decision In this rase ... or for a decision In this mo tion." The court cited a number of au thorities in support of hts findings. In a clear, concise and carefully con sidered summation. J. Arthur LaDleu former news paper business manager for L. A. Banks, convicted murderer and for mer local agitator, editor and orchard Ist will go on trail tomorrow morn ing in circuit court before Judue Georce P Sklpworth. on an indict ment charging ballot theft, the first of a score of men faring the same charge. I The state will call a scor.- of wlt I nesses. Some of this number hare j admitted participation in the brazen and bundled crime, and some will be well-known local residents who were on the south side of the courthouse on the nieht of the ballot stealing and watched the "goings-on, ' un aware of thr significance. cirk ro Teitfv. County Clerk Oeorg R. Crtr and deputy clerks will probably be the firt witn'es called by the state to establish by official documents that th ballot existed, that they were City Will Seek R. F. C. Funds for ON HOMO CHITA Mattern Unreported Since Passing Over Novosibirsk . in Eastward Progress Communication Is Faulty MOSCOW. June 7. (iP) Fifteen hours after he had passed Novoelbrlslc, Jimmy Mattern, American round-the-world filer, was unreported today so far as Moscow knew, but unless he hsd encountered difficulties with his plane he should have reached Chita, Siberia, the next stop on his schedule. Delays In communication, which In creased the further eastward the flier progressed, left Moscow without word l of his whereabouts. The Moscow weather bureau said the aviator should encounter good weather and wind conditions as far as Krisnoyarak. after which he probably would meet strong headwinds and cloudy weather on his way to Chita. NEW YORK, June 7. (IP) Just be fore'1 Jlmmle Mattern passed over Novoslbrtsk, Siberia, he waa 11 hours and 14 minutes behind the Post. Oatty 'round the world time table, established In 1931. Just after he passed over the Si berian city. he. cut the Poat-Gatty lead to L hour and 44 minutes. 4 This strange result arises from the fact that Post and Oatty stopped at Novoslbrlsk and stayed there S hours and 30 minutes. Mattern kept . right on going. . :. .... WAI.LA WALTjA, Wash.. June 7. (Pi Lack of word of her husband's progress across the heart of Siberia was discounted by Mrs. Jlmmle Mat tern today with the reminder that "communications probably are none to good from there." She hardly ex pected to hear much today of her flying mate's progress, aha said. TOF Nature, late, but the more luxuri ant for her tardiness, has put forth thla year blossoms, surpassing In beauty all her previous records in southern Oregon, It was evidenced this afternoon by throngs visiting the annual Medford Garden club show, which opened to the public at 3 o' clock at the high school gymnasium on South Oukdale. Roses, peonies and other flowers, which customarily complete their blooming before the month of June, are in this year's show flaunting pet als of a- brighter color and a more ap pealing freshness an dthc wild flow ers of the field are on exhibition in variety and ' number excelling all showings of past years. E PORTLAND, Ore.. June 7. (AP) The state board of higher education today authorized an invitation to the Oregon State High School association to held its annual basketball to urn a ment at University of Oregon and Oregon State College on alternate years. The tournament haa hereto fore been held at Willamette Univer sity In Salem. National R. H. E. Philadelphia .... 1 " 1 Boston 3 9 I Elliott. A. Moore and Davis; Osnt well and Hargrave. R. H. ..3 9 . a la Pittsburgh Chicaeo Swift. Kremer, Hoyt. V Orave; Bush and Hartnett. American R. H. T.. Detroit . . - 3 S 0 Cleveland .... 1 6 0 Bridges and Hay worth; Hildebrand. Hudlln. Bean and Myatt. stolen and destroyed, and that a re BASEBALL 'count of the ballots had been ordered j by the circuit court In the race for 'sheriff, between 8upendd Sheriff 1 Gordon L Srhermerhom an1 Ralph I (Continued on Page Tour.) Cyrus Curtis, Newsboy Who Achieved Fame as Publisher, Dies Aged 83 PHILADELPHIA, June 7. (API Cyrus H. K. Curtis, noted publisher and philanthropist, who began his otreer as a newsboy, died today at hla home In suburban Wyncoto after an Illness of more than a year. Ha would have been 83 on June 18. " Death came to him at 1:10 a. m. i - (eastern standard time), climaxing a! Cyrus H. K. Curtis. tight he had waged since last Friday, the day hie condition became orW- r With him at the last were hla only daughter, Mrs. Mary Louise Curtis Bok, and other membera of hla fam ily. One at the world's foremost pub lishers, Mr. Curtis waa stricken with a heart attack In May last year while on hla yacht near New York; rushed to this city, he entered a hospital. His wife took a room in the aame Institution to be near him. She died five dsys later from a heart ailment. Funeral services are to be held Friday at the home. With a capital of three cents, Curtis started hla business career as a newsboy at the age of 12. His subsequent success, an epic of Amer ican business, brought him to the chairmanship of the board of the Curtis Publishing company which publishes the Saturday Evening Poet, (Continued on Pag Pour) L PORTLAND. Ore., June 7. (UP) Crater Lake national park will re ceive (1.485,391 under provisions of the public works bill, according to Information received here. This money will be used for completing the rim road, , a good portion of which haa already been constructed. E. C. Solinsky, superintendent of the Crater Lake national park; an nounced today that he had received no Information regarding provisions of the public work bill affecting Crater Lake national park, other than that an Important sum was to be re ceived by the National Park service. The amount tq come to this district and the work to be accomplished with the amount has not been re ported to him. He was awaiting word from headquarters today. Completion of the rim road would necessitate the expenditure of more than a million dollars, he ststed. BY RISING ITER PORTLAND, Ore., June 7. (AP) With thousands of lowland aciea al ready inundated by the rising watera of the Columbia river, farmers and dairymen living along the Oregon and Washington banks of the stream were today either retreating to high er ground or msking ready to defend their holdings against the flood con ditions. The river had already today reach ed s stage virtually equal to last ear'a crest, and only the fall of the Snake river and unusually cool weather In the interior led the resi dents tOfrfiope that the flood would bat before it should become more ertou. SHIPPERS BAND TO IE SPOKANE. June 7. (TP) Nearly 150 shippers from Oregon. Washington, Idaho and Montana met here Tues day to organize the Pacific Northwest Fruit industry and to Insure the proper benefits from the farm re lief and Inflation acta. Paul Soberer and Dr. G. B. Dean of Medford will represent southern Ore gon in the organization work, while the mid-Columbia district will be rep resented by John Duck wall and Glenn B. Marsh. The committee recommended that the organization shall be composed of shippers, buyers and handlers of tree fruits. The purpose of the organization, as explained by the committee, wouiu be to- eliminate unfair prat tees, to provide an orderly movement to com modities . to . markete, to prevent "ruinous glutting" of markets,' to maintain price levels that are fair to both producer and consumer, and to take into account the cost of produc tion and. "the necessity for provid ing producers with an equitable pur chasing powsr In the general econo mic system." f IN PERJURY CASE Assistant Attorney General Ralph E. Moody, now engaged In the prose cution of the ballot theft cases, has been assigned by the governor to conduct the Lane county grand Jury probe of perjury claims, growing out of the testimony of half a dozen de fense witnesses in the L. A. Banks murder trial In Eugene. Presentation of facte and evidence to the Lane county grand Jury will start as soon as the present pressure of court business la lessened. Defense witnesses whose testimony is expected to come under scrutiny are: Walter Jones, Indicted mayor of Rogue River; John Wheeler, Spring street gardener; Abner Cox, laborer; Mae Murray and her daughter, Effle Lewis, and May Powell of Talent. All testified they heard the slain constable, George J. Preacott, make threats against the life of L. A. Banks and four Cox. Wheeler. Mrs. Murray and Effle Lewis that they were In front of the Banks home when the shooting occurred and heard Prescott utter threats, and saw a pistol drop from hla hand as he crumpled mor tally wounded on the porch. The state refuted the "eye-wit nesses." by testimony tending ' to show they were from four to six blocks away at the time. Wheeler testified he heard Prescott make a threat against Banks, at the Medford National bank corner, at a time when Prescott was dead. Witnesses were called U show that Wheeler was In the courthouse at the time of the slaying. Evidence was also Introduced to show that the bench warrants had not been Issued, when Mas Powell testified ahe saw them In Prescott'a hand and further, he was In the court house awaiting the grand Jury call when she testified she heard him make threats. I Jonea testified that while confined in the. city Jail, he heard Preacott and Joe Cave utter threats a Rains t Banks. Testimony introduced showed that neither Cava nor the slain offi cer were on duty, or present, as Jones claimed. MARSHFIELD FEDERAL . BUILDING BIDS ASKED MAPSHFIELD. Ore. Jm 7. (API A t1rm m rclvd from Sens tor Stlwsr today announcing th bids for Mirahflslds long sicslted; rmtrsl building will be sdverttotd Jum 9 sod will bs cUa July 14. Championship Bout On Mail Tribune9 s Speaker Thursday The Mail Tribune's loud-speaker will be In action tomorrow eve ning, starting about 6:30 o'clock with a blow by blow description from the Associated Press leased wire, of the Max Schmellng-Max Baer battle at the Yankee stadium In New York City. Although the German Schmellng rules as favor ite In the betting odds, many fans expect the brawny Callfornlan to put up an Interesting fight and the event, which la being promot ed by the former champion. Jack Dempsey, haa claimed chief inter est of fistic followers thrpughout the country. Pans are Invited to listen to the loud-speaker tomorrow evening In front of the Mail Tribune office on North Plr street, starting at S:30. L EVASION OE TAX WASHINGTON. June 7. () Set ting up of corporations for stock transfers to remove Income tax lia bility was brought out today in tes tlmciy by O. P. Van Swearlngen at he senate nvestlgation of the J. P. Morgan and company role in erection of the widespread Van Swearlngen raid road command. - Assenting readily to questions where before he had repeatedly pleaded faulty memory, the Cleveland opera tor first revealed that 1.000.000 cash waa the total he and his brother, M. J., and associates put up in their 1918 advent into transportation. "You say that la starting on a shoe string." he drawled, to the Interest of another crowd on hand. "I agree that is go, but we made what we have today out of that shoestring." His brother listening closely nearby, as was J. P. Morgan, he made quick reply to questions by Perdinand Pe eora, committee counsel. These de veloped that a "general securities cor poration" and later a "Geneva securi ties corporation" were specially set up to effect transfers of stock to hold ing companies In a way to avail of Income tax exemption provided by congress in connection with corpor ate reorganization. "We have ahown," Pecora told re porters, "for the first time the ad vantage In e.'fectlng a transfer of stock through the medium of a third corporation. "By this means the payment of tax es on profits is avoided it shows a weakness In the tax laws that con gress may want to atrengthen." FOUR-POWER PACT ROME, June 7. (AP) Premier Mussolini's four-power peace pact, designed to guarantee ten years of neara to Eurone. waa initialed to night by Italy, Trance, Germany a. d Great Britain. Slgnor Mussolini Initialed the tn strument for Italy, for Prance the function was performed by Ambassa dor Henry De Juvenel, for Germany by Ambassador Ulrleh von Hassel, and for Britain by Ambassador Sir Ronald Graham. The ceremony took place in II Duce's office In the Vene zuela palace. C.1T.C. CALLED OFF FOR YEAR VANCOUVER, Wash., June 7 fAPl An order canceling the scheduled meetings of the citizens' military training camp, the reserve officers' training camp, and the reserve offi cers' summer training for the army riscal year of 1933. waa received by the commanding officer of Vancou ver barracks today from the Ninth Corps area headquarters at San Francisco. The CMTC training period of four weeks waa to have started here June 23. The quota of 50 youths from Oregon and southwestern Washing ton he," 1revr br-r. ?!!led from more than 1000 applications. Those who had been accepted were being advised today by the adjutant that the training orders have been revok ed. They were told, however, to stand by for further instruction. Sewage E NVESIATE PLAN EOR FEDERAL AID Tentative Plan Authorized by City Council Highway Project Given Endorse mentVeto Beer Transfer Tentative application for H00.000 from Reconstruction Finance corpora tion funds for installation of a sew age system in Medford will be made in the immediate future by City siv perintendent Fred Scheffel as result of last night's meeting of the city council. Superintendent Scheffel was authorized by the council to make the tentative application, which will be in the form of an investigation, which if found advisable will lead to submission of the proposed losn to the people of the city for their ob jection or approval. It Is necessary that an application be made to determine what action can be taken by the city council If thla means of obtaining a new sew age system for Medford is found ad vlsable. Highway Plan Endorsed Program of the Aahland chamber of commerce to obtain funds for work on the proposed Pacific highway lm provement through the Siskiyoua were also endorsed by the Medford council last night. A letter from the Ashland chamber, asking for Medford'a aup nort In hrinnlnir this needed . road construction and the provision ' of public work to a largo number of men, was read and the proposal en dorsed by the council. There Is no warranted Indebtedness In the general fund of he city of Medford at this time, waa the an nouncement brought to the council by Mayor E. M. Wilson. AU protested warrants have been called and dis bursements for the four months are 8,217,03 under the budget. Request for transfer of a beer li cense, purchased by one firm, to Its successor, waa refused by the'councll on the stand that the local licenses, like the federal, are not transferable. The succeeding firm will be required to purchase a new Urenae. , Garden supervision Asked Request for super vial on of the 16 acres' of garden, being planted by re lief labor, was presented the council and referred to the finance commit tee. The letter, asking that a man oe paid to supervise care of the gard ens, pointed out that much money can be saved Medford In the use of the vegetables for summer consump tion and through preservation of many for the following winter. Petition for opening of Jay street was referred to the atreet and road committee and request for the rezon Ing of South Ivy from a residence to an apartment district was granted by the city dads. E TWO TO ONE VOTE INDIANAPOLIS, Jims 7. (AP) Indians, hope of prohibitionists to stop n stesly march of states toward repeal of the eighteenth amendment, today had Joined the wet parade. In a apeclal election Tuesday It be rsme the tenth consecutive state to decide that prohibition has no part In the federal constitution and should be removed throuRh ratifica tion of the twenty-first amendment. The popular state-wide vote on the question wsa two to one In favor of repeal. The unofficial tabulation was 501.239 to 277.694 In 3374 of the state's 3801 precincts. Of the 329 delegates named In yes terday's election to the convention that will meet here June 28 formally to register the will of the people, 250 will be pledged to vote for the new amendment. The antl-repeallsU will have 70 delegates. Surprising strength came from a number of rural counties heretofore looked upon as strongholds of the dry forces to boost the vote the re pealiata hart been given In the large cities. Every thickly populated county In the state pledged Its Isrge delegation ; to vote for repeal. i Fifty-seven of the 93 counties In I Indiana voted for repeal. More thsn 1000 different brands ; of clgareta ar produced by 80 Chl I nes factories In Shanghai. POLITICIANS GROW E Office Seekers Carry Plaint to President in Effort to Hurry Action Secretary Ickes Resisting Pressure (Copyright by McCIure Newspaper Syndicate) By VAVh MAU.ON WASHINGTON, June 7. The hung ry politicians have quit grumbling to themaelvea and have started de manding action from the President in person. They have been trooping into the White House quietly the last ten day buzzing in Mr. Roosevelt'a ear that they need a New Deal too. They do not like the way some cabinet officer are keeping Republlcana in preference to Jobless Democrats. They have pointed out emphatically you cannot build a political organization that way. The President has indicated he wilt seek to appease their hunger. They expect manna ahortly. The cabinet officer they are shoot ing at particularly Is Interior Secre tary Ickes. He is running his depart ment as a one-man show. He listened to reason from Postmaster General Parley and others on selecting his as sistants. But he has been resisting pressure on the smaller Jobs In a way which Is very annoying. What Is mors he told a politician: "I? you want to remove a man you must say something more than that he Is a Republican." You can imagine what a big hit a statement like that made with, the .Democratic ofllco-aeckirs. -i . ... ....: Most of the trouble Is due to a rather slipshod method of testing the political qualifications of appointees. The public works head gave a Job to a Michigan Republican who was defeated In an election out there very recently. A mild old Democrat was dropped from service as publicity man for a government department. He was re placed by an able man who happens to have served once as publicity man for the Republican national commit tee. - As a result of these breaks an or der has been Issued to exercise more care and political scrutiny In the se lection of men hereafter. They tell an inside story of what happened to an up-and-coming young Democrat from the west. He was slat ed to be assistant Indian commis sioner and came here to take over the Job. The boys Introduced him to Ickes and others, rckes took him lunch. Afterward he was told the ap pointment could not be made that day. t The same thing waa told him each day for several weeks. Being a bright young man he figured he was getting a run-around and demanded an ex planation. He got it. It waa: "You have no sense of social Jus tice toward the American Indian." The plight of the political hunger marchers got so bad two weeks ago they started building bonfires' around the country. The stir they set up was (Continued riom Page One.) .WILL 3 ROGERS BEVERLY HILLS, Cal., Juna b. Things have been just go ing along fine and it looked like we was going to have some real recovery with Mr. Roose velt piloting, but I guess it's about over. I see where con gress is starting taking them- selves serious agnin. That menus he will have to go on the radio some night and put those gentlemen right back in their place. He made a mistake of keeping 'em there two weeks too long. I sec where the government ruled that beer couldn't be sold on an Indian reservation. They don't want to take 'em off whiskey too quick. Yours,