Image provided by: University of Oregon Libraries; Eugene, OR
About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Dec. 28, 1933)
alia j The Weather Forecast: Occasional rain tonight i and "Friday. Little change In tern- j perature. j . Hlgheat yesterday 38 j oueat thta morning 34 ! Medford Mailt j Hatch the TRIBUNE'S A ; CLASSIFIED AUS . . WS'jS' I I Lott of good bargains p j that mean genuine tf!&t? SMTlngl. waiwM RIBUTfE Twenty-eiclith Year MEDFORl), OREGON, THURSDAY, DECEMBER 2S. 1933. No. 238. N Klamath Falls Loses Opening Effort to Halt State Liquor Control ED mm. HIGH COURT HIIS. CLAIM OF ERROR IN MURDER TRIAL Decision Ends Recourse to State Courts Judges Deliberate But 15 Minutes After Oral Arguments SALEM, Dec. 28. (P) The appeal of L. A. Banks from his second degree murder conviction waa denied today by the supreme court In refusing to grant an application for certificate of probable cauee. The decision ended recourse to state courts. Court Clerk Arthur Ben son stated. Banks waa convicted In the Lane county circuit court of murdering Police Officer George Prescott at Med ford. He was sentenced to life im prisonment In the state penitentiary. where he has remained pending ap peal. Circuit Judge George P. Skipworth was upheld by the oral order of the court. The case was tried in the Lane county circuit court on a change of Tenue from Jacfcson county. Attorneys Prank Lonergan of Port land and Charles Hardy of Eugene represented Banks in the appeal. The state was represented by Attorney General I. H. VanWlnkle. The defense claimed errors were committed In the trial. A certificate of probable cause for retrial was de nied by Judge Skipworth and today denied by the supreme court where It was appealed, aiier tne juages nsa de liberated 15 minutes. Above action by the state supreme court means that Banks has no eround for probable cause upon which to base an appeal, but the ruling has no bearing upon Banks right to proceed with an appeal to the higher eourt if he desires, according to .oca. attorneys. If the writ of probable cause had Been granted by the high court, Banks would have been amenable to liberty upon bonds, pending a de eision on the appeal, lawyers say. As the matter now stands, he will remain In state prison. It is understood that Banks' coun sel will now proceed with prepara tion of their appeal. Finances for Banks' legal efforts to gain release from his cell are pro vided by Charles P. Moran of Cleve land, Ohio, a brother-in-law and long time friend, it is said. Mrs. Banks and daughter are now jesldlng at Eugene, making visits to the penitentiary on visitors day, every two weeks. Banks based the writ of probable cause upon claims that he did not "1 receive a "fair and impartial trial," that the court erred in ite instruc tions to the Jury, that the state at orney's characterization of Banks as a moral coward, Riding behind his wife's skirts." were prejudicial, and that a woman bailiff was guilty of misconduct In the handling of women h Jurors. TWO KILLED IN EL PASO. Texas. Doc. 28. (AP) A deadly exchange of ahota between United States border patrolmen and Mexican smuggler In the alums of Bovith El Paso near the Rio Grande brought' death to Patrolman Bert O. Walthall and a smugsler Identified by local police as Jose Estrada, of El Paso. Another patrolman. Louis A. Smith, was wounded slightly. l In the ensuing search for smug glers. who fled after the fight late last night, officers captured three other Mexicans two of them wound ed. Officers also arrested an elderly man w,ho lives In the house where the three were hiding. ECONOMISTS ASK END DOLLAR MANIPULATION PHILADELPHIA. Dec. 28. j?) Tne executive committee of the economic national committee on monetary pol icies today adopted a resolution call in? on the federal administration to 'end manipulation of the dollar" and adopt "a definite nollry of return to th gold standard ' The resolution. Mined by 17 econ omists, disapproved "thce aspects of the monetary policy of the govern nient which are destroying public confidence in the value of the dollar." LONDON. Dec. 28. & Henry WaMon Fowler, noted leTlcoeraphe-r. d:ed todav at h:. home In Hmton. S Co.-.rr, Sinfrt. He was 7S year Brutal Father Forces Son To Dance In Snow CINCINNATI, Dec. 28. (AP) A father was fined 9100 and costs today for making his five-year-old son dance barefooted in a snow covered street for what the court called "a few lousy dollars." The father, Raymond Miller, 31. of Newport, Ky., was fined (50 and costs for street begging, and 950 and costs for abusing a child. Po lice testified the man was begging from passersby as the half-frozen boy danced. They said they found the boy's shoes and stockings and $6.31, tn the father's pockets. E IS COURT RULING SAN FRANCISCO, Dec. 28. (UP) The state supreme court today re affirmed a prison sentence for Olive Clark Day of Hollywood, convicted of contributing to the delinquency of, minors in providing young girls for wealthy men at parties. Ramifications of the sensational case included trials in which Alex ander Pantages, millionaire theater man, and other wealthy southern California residents, were Involved. Mrs. Day appealed from a convic tion at her second trial on October 18, 1932, in Los Angeles, alleging that a young girl Involved In the morals case. Clarice Tauber Plaudebo. was not produced at the trial by the pros ecution. The supreme court held that a deposition given by the girl at her rirst trial made her appearance un necessary. " Pantages, who once was tried and convicted on a charge of attacking Eunice Prlngle, and later was ac quitted In a retrial, was arrested in March, 1934, by San Diego authorities. He was charged with moral offenses against Alice Blake, a minor. Mrs. Day, Jesse Shreve and William Jobelmann were co-defendants with Pantages. The state alleged that Mrs. Day and Jobelmann took Miss Blake and Helen Livingston to a San Diego hotel where Pantages and Shreve al legedly were guilty of misconduct. The charges were dismissed when a Jury failed to return a verdict after deliberating for !0', hours. Pan tages' acquittal In the second Prlngle trial followed. Subsequently, the state rearrested Mrs. Day on a morals charge Involv ing Clarice Tauber, who later mar ried. Co-defendant was John P. Mills. San Diego seal tor. Charges against Mills were dismissed. Mrs. Day was convicted. PORTLAND, Dec. 28. (AP) The first public meeting of the Oregon state milk control board will be held here tomorrow, following nearly two weeks of preliminary conferences and fact-finding sessions, E. O. Harlan, chairman and ad ministrator of the control board, who resigned as secretary of the Eugene Chamber of Commerce to take over these duties, said representatives of producers, distributors, stores and any other groups interested In the dairy Industry will be heard al to morrow's meeting. "Naturally." he said, "the reports will have to be brief and we would like them In writing so we can keep them for reference. Figures on the cost of production and distribution of milk are what we want most." Tentative minimum prices to pro ducers and to consumers will be set as soon as possible after the hearing. "Any price we set now," Harlan said, "will necessarily have to be temporary due to the state of the industry." Stern Fu-Chu Whacks off Curls of Shantung Women TSINAN. China. Dec. 28. OP) A firm military man la General Han Fu-Chu, a man notably unsusceptible to the blandishments of Shantung women who wear their hair in for eign rash ion curls. A lar,re number of Chinese girls and women of modern tendencies. whOe freshly shaved head todiy were bald and shining as so many egffs. offered evidence of the gen eral's old-fsshSonefl ideas on the sub ject. Han Fu-Chu Is governor of Shan tung province, and he rules with an iron hand. The modern fashion of wearing the haU la cur. vis espec E RULE IN LIQI1 POLICY Chairman of State Board Outlines Plans City Of ficials, Sheriffs Will Be Consulted On Licenses EUGENE, Ore., Dec. 28. (AP) A measure of home rule will be granted cities and counties in the Issuance of licenses for permission to sell al coholic liquors of 14 per cent and under. It was revealed here today by George H. McMorran, chairman of the state liquor control commission Mr. McMorran also declared that no liquor stores would be Installed in any community till the commis sion had conferred wlth local author ities. In Issuing licenses for the sale of wines and beers, the commissioner said that local governing units, city councils in cases of Incorporated cities, and county sheriffs for locali ties outside cities, would be asked to pass on the applications before they reached the commission. Councils and sheriffs know more about the character of persona seek ing licenses and their recommenda tions should be obtained before any licenses were issued, Mr. McMorran said. It was felt this policy of the com mission will prevent undesirable per sons from receiving licenses. In many cities of the state, McMorran said, complaints have been made re garding certain beer parlora which have degenerated Into "dives." The question arose as to whether licenses would be issued. over the protest of local authorities, he said. He em phasized the point that he believed the commission would never counte nance the sale of liquor where It con flicted with the will of local au thorities. T IS BY U. S. TREASURY WASHINGTON. Dec. 28. (AP) A sweeping new order requiring the de livery to the treasury of all gold held in the United States was Issued tonight by Acting Secretary Morgcn thau. The new order supplementa Presi dent Roosevelt's order of August 28. It permits only five exemptions to the order. They are: Gold bullion held under federal license. Gold coin having a recognized value to collectors as rare and unusual. This did not Include gold 92.60 pieces. Unmelted scrap gold and gold not exceeding 9100 In the hands of any one person and gold In fabrication for Industrial professional or orna mental use. Gold coin, gold bullion and gold certificates owned by reserve banks or the RFC. Gold bullion and foreign gold coin now In the Philippine Islands, Hawaii and other possessions of the United States not in the continental United States. President Roosevelt's previous order permitted the holding of gold and gold certificates up to 9100 by a single person. BANK HOSTAGES FREE SELVES FROM BONDS MARLIN, Texas. Dec. 28. (API- Five persons, taken prisoners by rob bers who looted the Marltn First Statc""bank of 141.000. freed themselves about 7 p. m. last night from a pas ture prison. The two robbers escaped. ially displeasing to him. Chinese hair is traditionally straight, not curly. 'Now almowt any dermatologist will tell you that the hair of a Chinese is not elliptical In shape, like an American's or a European's. It u round, and perfect, and does not curl naturally. Shantung hair is enpecial ly faultless In this respect and la in wide demand for hairnets, which are exported at considerable profit ) Imbued with an intense national ism. Oovernor Han Fu-Chu decided that women of Shantung should no lo-wer their ha;r In curls, and l?e forthwith ordered the arrest of Xem mat curlv-iCKka, I Fair Fliers Near RecordJ BUDGET SURPLUS These two young women won't return to earth until 1934 If every thing goea well. Mrs. Frances Marsalls (left) and Helen Rlchey are oul to break the unofficial women's endurance mark of eight days and four hours. Their plane Is the "Flying Boudoir" and the attempt Is belno made it Miami. Fla. (Associated Press Photo) MIAMI, Fla., Dec. 28. (AP) Frances Marsalls and Helen Rlchey battled now foes today raw nerves and trouble fraught imaginations as the minutes that separated them from a new women's refueling endurance record were clipped off by their whirling propeller. Their "flying boudoir," If all went well, waa to cross the old mark of 8 days, four hours and five minutes at 5:08 p. m., today and a new record was to be officially established one hour later. FOR SALES TAX (L PORTLAND, Ore., Dec. 28. (AP) A resolution urging that "every voter in the state of Oregon who has the Interest, of boys and girls at heart, work and vote for the sales tax" in event the referendum is in voked, was adopted by the Oregon State Teachers' association at the opening session of its annual con vention here. Scientific temperance Instruction for the Oregon public schools was recommended in another resolution, and the delegates approved a reso lution urging steps to provide work for unemployed teachers of the state "at a wage commensurate with the training and skill required." . Charlea H. Boyd of Portland suc ceeded to the office of president of the state teachers' association from his post of vice-president. He suc ceeds Miss Jane Barnett of Jennings Lodge. Officers elected Included: - H. W. Adams, Corvallls, superintendent, vlcc-precldent; Superintendent Chaa. A. Rice of Portland, member of the board of trustees for district 2: Su perintendent E, H. Hedrick of Med-1 ford, board of trustees for state at large: Superintendent R. R. Turne of Dallss, board of trustees for district No. 3. HUGE SLICE OF PWA MONEY IS ALLOTTED WASHINGTON, Dec. 28 (AP) The public works administration today allotted 983,031,892 for both federal and non-federal projects, reducing to $143,966,005 the amount of money left In the 93.300.000,000 fund. The non-federal projects totaled 126 In 30 atates and received 919. 271,867. Body of Klamath Hunter Is Found KLAMATH FALLS, Ore., Dec. 28 'A, The body of Walter Wood. 38. formerly of Bend and Salem, was taken from Agency lake late Wednes day afternoon. Wood and Ernest Nltschelm were drowned while on a duck hunting trip on December 13. Nlachelm's body has not been re covered. SENDS EX-HUSBAND CHECK, TAKES POISON ALBANY. Ore., Dec. 28 (API Mrs. Mildred Webber, 52. of Lebanon. last night wrote a chek for 9600 made payable to Sam Webber, from whom she was divorced last October. I endow! it in a no1 which dlrefd j that Webber be (jivn the money oonta'ned In her purte, and then took IpoUoo. COUNTY TO ELECT Fl Jackson county at the primary election. May 18. will vote on five county offices, vacanclea In which occurred during the past year and were filled by appointment by the governor, according to the county clerk's office. They are county Judge, one com missioner,, sheriff and two members of the legislature. The county Judje vacancy occurred when E. H. Fehl was convicted of ballot theft in 12 minutes last August by a Klamath county Jury. The commlsslpnershlp vacancy waa filled by the county court last December, when the late John A. Barneburg resigned on he laat day of the year. The legislative vacancies occurred when Judge E. B. Day, a legislative member, was ap pointed county Judge and when At torney E. C. Kelly accepted a federal post in Washington. D. C. The sher iff vacancy occurred when Gordon L. Schermerhorn was ousted by the gov ernor for inefficiency jn office, fol. lowing a hearing. R. E. Nealon of Sams Valley was named to the commissJonershlp; Earl B. Dny to the judgeship; Walter J. Olmscheld to the sheriff's office, and A. E. Brockway and Glenn O. Taylor to the legislature. All are now In cumbent. While no definite decision has been made by any of this Hat. It Is expected all will be candidates for election. At the last election the sheriff's office was the main magnet, with 11 candidates for the position Court house political prophets predict some or the defeated ones will try again and thata ome who never thought of it before will also be in the race. For the other offices It is antlcl pated there wilt be no surplus of candidates. Profiting by experiences of the Banks-Fehl turmoil, there It no public sentiment "to sweep out the courthouse. The political pot Is expected to start boiling shortly after the Ne Year. Three new Boeing P-26-A pursuit plftnes for the United States army landed at the local airport thin af ternoon In charge of First Lieuten ant Farl W. Barnes, flight comman der. The ship will remain at the port hre overnight and continue south tomorrow, weather permitting. The three ships sre being taken from the Boeing factory in Seattle to Barksdale field , at Hhreveport, La., Second Lieutenant Arthur R. Karwln and Second Lieutenant David N. Motherwell being pilots of the othrr two ships. The planes made the fHirlit from r ! rwiii iicin, nnv'un( w Mil ., w , Med f oid. IN COJI YEAR Hopes to Prevail Upon Con gress for Provision of $800,000,000 Above Ordi nary Operating Costs WASHINGTON, Dec. 28. (AP) High Democratic spokesmen described President Roosevelt as determined today to concentrate the primary at tention of the 73rd congress upon a budget designed to provide an 9800, 000,000 surplus above ordinary fed eral operating costs In 1934-1935. Although reconciled to a present year deficit well above the billion mark because of emergency expendi tures, the administration was aald to have art down tentative budget es timates reading: Income, 93,400,000, 000; ordinary outgo, 92.600,000,000. May Need Six Itlllton The total to be requested of con gress has been described in some quarters as possibly reaching the 96, 000,000,000 mark, Including emer gency spending. Sources close to the administration, .however, spoke of at tcast a partial "pay-as-you-go" basis without major - tax boosts through RFC loan repayments esti mated to total another 9700,000.000. As the president continued today to shape his program for the coming session, there were authoritative In dications that he Intended to press ahead with gold buying-commodlty dollar plans. Trade Balance Grows Administration officials Interpre ted late figures, showing American foreign trade In November to have the largest, favorable balance In months, as at least a partial result of the gold buying program, with Its accompanying dollar depredation abroad. During November the dollar fell from $4.70 to the pound to $5.50. before returning to $5.13 on Decem ber 1 . The dollar-franc trend waa similar. Meanwhile, although the contend of the president's annual message remained known only to him. It be came apparent that Mr. Roosevelt, In addition to resubmitting several unfinished Items from his extra ses sion program might make sugges tions for permanent railroad legis lation, regulation of stock exchanges and a communications control plan. Much Unfinished Business Among the unfinished business Is the St. Lawrence seaway pact ratifi cation, and legislation to grant the president power to appoint a non resident governor of Hawaii and de clare arms embargoes against ship ments of munitions to belligerents. In addition, the chief executive will send to the senate scores of recess appointments. LEYE Judging for lighted Christmas trees and lighted homes will take place to morrow evening, commencing at 8 p. m., it was announced by the Cham ber of Commerce this morning. A committee composed of Mrs. Louis Ulrlch. Mrs. Ralph Woodford and Col. W. H. Paine will do the Judging and two prizes will be awarded for the best two trees and a similar number for the best lighted homes. The C. E. Gates Auto company la providing a car for the use of the committee. Everyone Is asked to see that lights are on by 8 o'clock In order to participate In the event. , WASHINGTON, Dec. 28. (AP) President Roosevelt today was pre sented a Jeweled key of the Inter national legal fraternity, Phi Delta Phi, of which he is a member. Anniversary of Wilsons Birth Is Commemorated WASHINGTON, Dc. 28. (AP) With President Roosevelt taking a leading part, n,tlonwlde commemo ration, of the 77th birthday nnl veraary of Woodrow Wilson today were centered in the national capital. Al a prelude to an addreaa tonltiht by the prealdent. aMorlatea and frlenda of the war time chief execu tive arranged to place a wreath upon hla tomb in the Bethlehem chapel 01 the Washington cathedral during the afternoon. Meanwhile, throughout the coun try, other observance, were planned by member! of the 1J4 Woodrow Wll aon cluba. Mr. Ilooeevelt, In an addreaa to be broadcaat by the two principal radio rhalna beginning at 10:30 eaatern atandaid time tonight, will apeak be. Champagne Pops As Grand Opera Gets Under Way NEW YORK, Dec. 28. (AP) The Ice cream-and-lemonade era 3f the Metropolitan Grand Opera lied gracefully but unmourned last night. The opening night of the cur rent season echoed to the pop of champagne corki and the cheer ful rattle of the cocktail shaker, as Emit Kata at the bar served as he used to for the 20 yeara before prohibition. Intermissions at the Chicago Grand Opera performances were similarly enlivened as wine booths an innovation made their appearance. STARTS SOON ON LOCAL STREAMS The local office of the State High way commission announces that D. A. Smith, the resident bridge engineer for Oregon, has arrived in Medford to arrange for starting work on the concrete bridges over the Applegate and Will isms creek. Mr. Smith states the contractors, Mountain States Con struction Co. of Eugene, will estab lish camp at Applegate next week and commence work on the bridges. The local highway office also stntea work will begin on the widening of South Riverside by Contractor Ernest Hall of Eugene early In January. Work Is progressing on the survey for resurfacing and widening the Crater Lake highway between Med ford and Little Butte creek and con tracts will be let early next year. Contract for the same work from Little Butte to Elk creek has been let and work will start as soon as the spring season opens. TO BE CLEANSED Starting a campaign, which, It Is hoped, will extend to all Infected and abandoned orchards of the valley, Howard Warner, horticultural inspec tor, started a crew of 25 men to work this morning, cleaning up some In fected orchards, taken over by the county, the county court announced this afternoon. The county la able to furnish men .for a few days of such work, which ia deemed very necessary by all orchard lats of the valley. The crew Is cut ting down Infected tree and burning the brush to protect adjoining lands from the Infection. The property on which the work is in progress has been taken over by the county for payment of taxes. Owners of other infected and abandoned orchards are asked to co operate In the drive, which will mean much to horticulture In the Rogue River valley If carried to the desired conclusion. SHOW IMPROVEMENT W. M. Clemenson, prominent mem ber of the Medford city council and proprietor of the Hotel Jaekaon, who suffered a cerebral hemorrhage yea- terday at the hotel, was reported In a slightly Improved condition this afternoon. Hope of his recovery waa main talned by his physicians thlf after noon, his many friends throughout the state will be glad to learn. fore the Woodrow Wilion birthday dinner aa the tint Democratic preal dent to participate In this observance Ince Mr. Wllaon'i administration. He served aa aaslatant secretary of the navy tinder the war prealdent. With Mr. and Mrs. Roosevelt to night will be Mrs. Woodrow Wilson as guest of honor. Vlre-Preaident Garner and members of the supreme court and of the cabinet, with their wives, were Invited aa other honor guests, Itoland 8. Morrla of Philadelphia, former ambassador to Japan, will pre alde at both tha wreath ceremony and the dinner aa prealdent of the wood- row Wilson foundation. Present also will ha the war presidents aon-fh-law, Francis B. Sayre, assistant secre tary of Stan. TEMPORARY STAY UNTIL ARGUMENT DEN1EDBY COURT Judge Lewelling Holds Large Part State Without Regu lation and Court's Duty Is to Assume Act Valid SALEM, Dee, 28. (AP) Circuit Judge h. O. Lewelling today denied temporary restraining order agalnat operation and enforcement of the new state liquor law, which waa asked by the city of Klamath Falls. Arguments on merits of the case will be heard Tuesday when the state'a demurrer to the Klamath Falls complaint comes up In circuit court. Attorney Elton Watklns, represent ing the city of Klamath Falls, argued for a temporary restraining order on the grounds the liquor act passed by the apecial aesslon of the legislature was unconstitutional, as well as being a revenue raising measure automati cally prohibiting attachment of the emergency clause. He contended tha act could not become a law for 80 daya because of the revenue raisins; purposes, even If held constitutions!. Argument Is Hit. Jay Bowerman, repnsaenting the atate liquor commission, held the act did not violate the constitution be-: cause cities were limited to own regu lation of liquor subject to the crimi nal laws of the atate. He held the Knox bill, as passed by the legisla ture, waa constitutional, but If there waa a doubt tn the mind of the court the commission did not protest a re- . straining order until a definite de cision is taken. Judge Lewelling,. In denying tha temporary restraining order, declared the large part of the state's popula tion outside of the cities would be without regulation and It waa the dttty of the court to assume the act valid until It waa proved otherwise. He urged the plaintiff and defendant. In the event the circuit court held agalnat either, to take the matter to the aupreme court. Demurrer Filed. Attorney Bowarman today filed hla demurrer on the original complaint tiled by the city of Klamath Falls. In opening arguments for the re straining order, Watklna read tha complaint of the city, filed late Sat urday, which alleged the act violated both the federal and atato constitu tions. He declared further the ct vio lated the 14th amendment to tha federal conatltutlon by deprfvlng peo ple of life, liberty and property with out due legal process. It violated the federat conatltutlon, which glvea exclusive power to con gress to regulste commerce between states. It repealed. Illegally, all conflict- lng municipal enactments. It Increased the taxation burden to all people In the state and to the city of Klnmath Falls. Opinion Cited. Watklna also read the attorney general'a opinion, handed down during the legislative session, In ' which he declared the Knox liquor bill was unconstitutional because It , (Continued on Page EtRbt) WILL ROGERS f$ays: BEVEKIiY HILLS, Cut., Dec. 27. I got my berries mixed up yesterday. I mentioned Stotes bury when I menul Atterbury. Now I don't know which one to apologize to. They say Jnpan imitates us in everything, but they certain ly didn't get this idea from usi "In appointing an ambassador to the U. S. nt this important time, with the 1936 crisis ahead such consideration a dignity, past career and sentiment must be discarded and a man of abil ity appointed." Then they wonder why that country is going ahead. They appointed a follow named Soito who hadn't contributed a cent, to the Inst enmpnign. That's political treason. , 9HU IJtXfVtet lyaa-lMt. b