Medford mail tribune. (Medford, Or.) 1909-1989, February 13, 1934, Image 1

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Medford mail tribune., February 13, 1934, Page 1, Image 1

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Newspaper Page TextThe Weather Forecast: Increasing cloud) new to. night and Wednesday, becoming un settled. Normal temperature. Mail Tribun MEDFORD natch iba TKlHUSira M JJi CLASSIFIED A 1)9 . . "Sj" 'af Lot. of good bargain t'J that mean genuine QiSft savings, m j II ij; h est yesterday 4 I lowest this morning 27 Twenty-eighth Year MEDFORD, OREGOX, TUESDAY. FEBRUARY 13, 1934 No. 277. Knox Law Legality Upheld by Unanimous Supreme Court Opinion IK I Mjdps I By l'AI'L MALLOX (Copyright. 1934. by Paul Mallon) Wrong Man? WASHINGTON, Feb. 13. Smart, unprejudiced lawyera believe the aen ate Is picking on the wrong man In the MacCracken case. They aay there la hardly a chance In a hundred that lawyer MacCracken . will be convicted, the way things are going now. He has certain wide open legal loopholes and has employed the f world's greatest loophole attorney. Frank Hogan, to defend him. Hogan once got Colonel Robert 8tewart of aranHnrri Oil nut Of a much WOrSC senatorial Jam through a legal hole no bigger than the eye or a neeaie. in.iri.ri tn the case believe Mac- Cracken and Hogan have figured out an Impregnable defense, based on wie Idea that MacCracken's papers were not his. but his clients' that Mac Cracken was bound as a lawyer to give the papers back to hla clients. Th.t Avnlnlna whv MacCracken and Hogan have been so willing to take the llmelifzht In the case, demanding that MacCracken be Birested ana an that. Chances. The seriate may have a much bet ter technical case If It proceeds arsalnst one of MacCracken's cllenta who destroyed evidence. Courts are strict about such mat ters. Such a client could not claim the Immunity of an attorney. Also. It might be difficult for him to prove legal Justification. He has no such loopholes as MacCracken. The senate seems to ml&s the late f Senator Tom Walsh. He handled all contempt cases for the senate during the past twenty years. He favored turnlnff such cases over to the dis trict attorney without so much fuss. Game. Politicians all agree privately that the senate Is not primarily after Mac. Cracken or his clients. The real 'pos sum they want to tree le ex-Postmaster General Walter Brown. Postmaster General Farley has been growling about Brown since March 4. When Farley moved Into Brown's office, he found Brown had left the political cupboard bare. Brown had even arranged so that his own and Mr. Hoover's names were chiseled on the corner stones of postoftlces not then built. Farley had the names chiseled off. The papem burned In the furnace were civil service records which the Demo, crata could have used to throw Re publicans out of office for cause. Their deatructlon prevented Farley from firing possibly 100 Republican postmasters before their terms ev plred. Brown also let all the airmail con tracts he could, intending to leave none for Farley. Congress put a stop tn that bv passing a law preventing Brown from doing anything except extending old air mall lines. There upon Brown extended every line he possibly could. Farley set out Imme diately to cancel those extensions. That sltuntlon Is what appears to be at the bottom of the current tur moil. Politicians. Brown is a clever politician. He has spent a life time learning to be one. He made no secret of the fact that he favored the large established air lines. He openly asserted It was better to pay them a little more to carry the malls than to trust the little 'independents. He handed out the gravy with a big ladle. The air mall Industry sprang up under Republican administrations. It hired Republican attorneys, like Ma- bel Walker Wlllebrandt. Wild Bill rnA.ar, r.rt MncPracken. Ton will probably nst even find an office boy In that whole Industry wno i -Democrat. Therefore, the current expos will be entirely at Republican expense. Farley Is also a clever politician. Slin. There was a slip 'twlxt the cup and the lip on this stock mamev. Mr. Roosevelt's Dickinson commit tee had recommended moderation m rflrnlartno- thn evrhnnae. The hlffheat Wall streetera thought they had been promised privately a lno-worn om merely licensing them. The exchange accepted the Dickinson Ideas. A ma jority of the senate committee was apnsrently willing to go along. Then suddenly a new bill was pro posed which had fanes Instead of teeth In It. No one Is supposed to know where the bill came from. Mr. Roosevelt said he never saw It. Pfoalhlllllea. One of two thine, may have hap pened Mr. Roosevelt msy not have l:xed the reaction to the Dl-klnson report He msy hare decided a s'rorcer bill was necessary, and srreer.ed his maneuver by entrusting the mitler to Prorrutor Pecora. The other possibility Is that the a ultra-reformers swunc Pecora around and put Mr. Roosevelt on the spot (Continued on Page Four) E MANNING KILLS RIM IN OFFICE FIGHT Prominent Lawyer Declares Former Partner Shot First Slayer Questioned On Cause of Disagreement KLAMATH FALLS, Ore., Reb. 13. (AP) Klamath county officers today were conducting an extensive Investi gation into the shooting of Ralph W. Horan, 29. prominent Klamath Falla attorney and state representative. Young Horan was ahot to death last night by Horace M. Manning, 55, his former legal partner. In Manning's office on Main street. Manning, a veteran criminal attor ney, was held In the county jail after he had telephoned the sheriff's office to give himself up. N Claims Self Defense He said he had shot Horan In self defenses D. E. Van Vector, deputy district attorney, said charges would be filed this afternoon following a coroner's Inquest. City police were checking finger prints on the .38 calibre revolver found In Horan'a left hand. The authorities were attempting to estab lish the ownership or the weapon since Claude McColloch, Horan's partner, said his friend never carried one. The revolver was an almost Identical match to the one used by Manning. Although the gun was found In the dead man's left hand, Sheriff Lloyd Low said Horan was right handed. .Continued on Page Five) STORES TO CLOSE 6 P. M. SATURDAY IF A meeting of retail merchants waa held In the chamber of commerce re cently at which time C. H. Gram, state labor commissioner, was the main speaker. Mr. Gram explained In detail the new law, which does not permit women In mercantile estab lishments to work after 6:00 p. m., and which according to Mr. Gram goes Into effect on April 4th. Bakery goods establishments where there Is a cafeteria, confectioneries, and restau rants do not come under the law, he stated. Following Mr. .Gram's talk a vote of those present waa taken and. It was decided that oh and after April 4th the hours for mercantile establish ments employing women would be from 8:30 a. m. to 6:00 p. m. dally Including Saturdays. It was also decided at the meeting to conduct a city wide dollar day on Saturday, March 3rd and John Mof fatt, chairman of the retail "mer chants committee appplnted C. D. Bean, chairman of a committee to arrange for same. It la hoped by Mr. Moffatt that every store in the city will cooperate by offering dollar mer chandise. Complete details regarding the sale will be announced when the committee haa completed Its plans. BY VISITS HERE Horace Manning. Klamath Falls at torney, who figured in a sensational killing In the eastern Oregon city last night, la well known in this city. For many years he has been a regular visitor, at the southern Oregon term of the federal court. He has made several appearances In the circuit court, his last case here, being as counsel for a former Klamath Falls chief of police, charged with prohibi tion law violation ten years ago. Manning's wife, from whom he was estranged, 15 years ago operated a millinery store on West Main street. A daughter Elisabeth, a resident now of New York City, is also known here. Local attorneys today said Manning was a brilliant criminal lawyer. Slayer Of Singer Given Life Term REDWOOD CITY. Calif . Feb. 13 fAP) Superior Judc Franklin Swsrt today sentenced L'mberto Glustl. 87. opera impreiMario, to life imprison ment at Ban Quentln penitentiary : for the murder of Miss Emilia da I Prato. 37. south San Francisco singer, 1 December 19. OlusU was convicted by a jury last week. - in Klamath " , t.- , 1 TOVr v Klamath Falls was stunned inst night bv (he killing nf Ralph w. Ilorau (left), representative In the state legislature from Klamath county anu prominent attorney, by Horace Jinniiing vriBiuj, mnen r ;u iajer. The men were formerly law partners. MURDER FOR LEADERS OF PRISON OUTBREAK WALLA WALLA, Wash., Feb. 13 (AP) Warden James M. McCauley moved quickly today with the aim of lodging first decree murder charges against ringleaders In yesterday's bloody prison break attempt, in which eight men were killed, seven of them convicts shot down from the walls. Several of them had given trouble in the past," he said. While a rapid Investigation waa under way, he disclosed that he con templated lodging murder charges against only the leaders or all sur vivors of the 30 who attempted to get away. Meanwhile, slight chances for their recovery were held out for two of the convicts who were mowed down under a withering fusillade of bul lets from the walls. Six prison employes, five of them turnkeys and one a guard, were suf fering from murderous knife wounds. inflicted by the convicts. One other convict bore bullet wounds. The dead: H. L. Brlggs, assistant chief turn kev, stabbed to death. Wall Turcott, 21, serving five to 30 years for attempted robbery. Paul Krouse, 22, eight to 20 years for robberv. Gerald Hill. 18. two and a half to 15 years for grand larceny. H. R. (Buster) Clark. 22. 10 to 20 years for second decree murder. James R. DeLong, 25. 10 to 25 years for robbery. Ernest DrBoer, 28, five to six years for robberv. H. Robert Parks. 20. six months to 10 years for a statutory offense. The outbreak, which began shortly after lunch yesterday, was being thoroughly Investigated today by Warden James M. McCauley and his assistants. The warden has been in offlre less than a year. "There was no indiratlon in ad anre that the break was planned," he said. "We have learned, however, that the men made their knives In the shop where license plates are manufactured. They evidently burled them In the prison yard, disirtng them up Sunday, whirh la 'yard day. " I The planned escape, which ended : tn mid-afternoon yesterday with bul ; let-torn bodies lying about the prison Jyard and with tumkevs suffering from knife wounds Inside the cell 'blocks, began In the office of F. W. jackm, head turnkey. I FISHERMAN LOST WHEN ! TROLL BOAT OVERTURNS NEWPORT. Ore., Feb.- 13. (AP) One man lost hU life late Monday when the trolling boat "Pearl" over turned while going to the aid of the fishing boat "Columbia" which was in trouble off the entrance of the I harbor. ; A coaat guard cutter searched for i the man's body until darkness called a halt. j The first sawmill on the Parifle roaat waa built by the Hudson Bay j company in the winter of 1827-28 'near Vancouver. Wash. Gun Battle I " L FILE CO. JUDGE RACE H. D. (Johnny) Reed of Gold Hill yesterday said that he would file h's declaration of intentions to run for county Judge on the Democratic ticket. ' Friends of Reed state that the de cision to enter the race was made laat Friday, when leaders or the Jackson county Democracy assured Reed h-j would have the united support of the party in the primary. Reed, when first mentioned, balked at the Idea. Reed Is at present Justice of the peace for the Gold Hill district, and has been a resident of the county for 40 years. He -is well known In all parts of the county. Chief of Police Clatoua McCredie this morning formally filed hla dec laration of intention to run for sher iff on the Republican ticket. It is the Intention of the Demo cratic party to put a full county ticket In the field for all posts. They are looking for a full-blooded Demo crat to run for commissioner, and want htm to be from the Mod ford area, to balance the representation on the county court. C. W. "Wui" Ashpole has been mentioned. M' Ahpole ran In 1932, and was beaten. The popular cowman has announced he would never run again for any thing. Commissioner R. E. Nealon haa been urged to seek re-election, but the Table Rock farmer so far haa sn swered all queries with : "I'm not snylng I'm running for anything." REPUBLICANS SLAP L By the A'wwlnted Prew. Republican leader, speaking at Lincoln day banquets In various places last night compared the "new" deal and the "old," and coupled urg Inga for republican action with criti cism of Democratic deeds. Arthur M. Hyde, secretary of agri culture In President Hoover's cabinet, pictured the new deal as having "gageed" and "regimented" the peo ple of the nation. Representative James M. Bck, of Pennsylvania recalled the "old" deal and urged opposition to policies which are "destructive of the form of government under, which this nation has grown great." I George H. Moaea, former senator from New Hampshire, called for new and young candidates with "bark to sanity' as their watchword. Hnry P. Fletcher, former ambassa dor to Italy, said that when the stim ulant of government subsidy is wllh- 1 drawn business will be worse off than lit was before. LINCOLN BANQUETS I STl SENATE PONDERS PUNISHMENT FOR EX-AIRMAIL MacCracken's Counsel Asks Acquittal On Ground Client Purged of Contempt by Return of Documents NEW YORK, Feb. 13. Federal Judge John C. Knox to day granted an order, applied for by Trausrontluental and Western Air. Inc., requiring lostmaster Cieneral James A. Farley and Pout master John J. Klely of New York to show cause Friday why t hey should not be rest ra I ned from aellnjr under the Farley order of February 9, cancelling all airmail contracts. WASHINGTON. Feb. 13. (P) Frank Hogan. counsel for William P. MacCracken, Jr., told the senate to day in his final argument in the air mail contempt trial, that the former Coolldge and Hoover official had no knowledge of the removal or deatruc tlon of the Northwest Airway flies. and had purged himself of contempt by return of the others. Asking acquittal before a full sen ate and crowded galleries, he conceded that Mttccracken had been In con tempt of the senate when he per mitted removal of Western Air Ex press flies, but contended he had been completely purged of It when they were returned. The senate soon thereafter went Into executive session to deliberate on all four contempt cases. Besides MncCrackcn, the defendants are L. H. Brlttln, vice-president of Northwest Airways; Harris M. Han- shue, president of Western Air Ex press, and Gilbert h. Glvvin, Wash ington representative of the latter company, WASHINGTON. Feb. 13. Iff) The assertion that every army and navy airplane contract is "secretly and colluslvely" let was made today before the house military committee by James V. Martin, an aviation pioneer He testified in the investigation of airplane contract Just as another house committee decided to call the Aluminum Company of America to explain testimony that one airplane builder waa compelled to pay JO psr cent of his manufacturing cost to the aluminum concern. WASHINGTON. Feb. 13. ffl) The White House said today more than 200 telegrams, representing about an equally divided opinion, had been re ceived after Charles A. Lindbergh's protest against cancellation of air mail contracts had been described there as "primarily for publicity pur poses. " Stephen Early, a secretary to Presi dent Roosevelt, told reporters about 50 per cent of the messages supported the protest or Lindbergh while the other half upheld the position of President Roosevelt. Lindbergh 'waa both criticized and defended on Capitol Hill as a result of hla telegram to the President. Chairman McKellar (D Tenn.) of the senate poatoffice committee told newsmen Lindbergh "never should have written such a protest under the particular circumstances. "I think he made a mistake," Mr Kellar said. "He was connected with an air concern that gave him 1250.' 000 in stock and he waa interested In that concern. If he had been wholly disinterested hla protest would have been proper." On the other hand, Senator Van denberg (R., Mich.) said: "I decline to reject him as Amer ica's premier aviation authority aim- ply because he happened to disagree with an executive order. He is en titled to his day in court, as every body ele." iTES SEE ROCKETING STAR DENVER, Colo., Teb. 13. (API A biasing meteor that streaked out of northern aklea and appeared to some observers like a "rocket ship speed Ina throufh space," and to othera like a blaring airplane, left at least ,ik states talking about the brilliant phenomenon today. I Starting In the norlhweat, the lire, j ball waa seen at Billings. Monft shortly after 0 p. m mountain time i last nlaht, and afterwards In other Montana and northern Wyoming j cltlea. Colorado BouWi Dakota and Ne ' braaka polnu today reported slght- Ing the flaming body as It traveled i in a southeasterly direction and ap I parently fell lomewhere In southern Nebraska. , The polar region, of Mara are be- the foreat by the CCC crews were lieved to have Ice caps much Ilka the used by Supervisor Janouco to lllua aama regions of the earth. luate the talk. AUSTRIA TAKES DRASTIC ACTION TO Death Toll Estimated Be tween 500 and 2000 Loyal Forces Shell Social ists On Bank of Danube VIENNA, Austria, Feb. 13. (AP) With anywhere from 600 to 3.000 un officially estimated dead in the civil war. Austrian government troops to night made their most spectacular attempt to crush the socialist rebel lion. They crossed the blue Danube in the heart of the city on pontoon bridges while loyal artillerymen shelled the foe encamped on the farther- side. Already the greatest socialist stronghold in Vienna, the Karl Marx apartment building had been wrecked by government howitzer shells. No one could estimate the exact number of dead. Police said officially that 123 civil ians lay dead in the Vienna general hospital alone. They admitted 1 1 police .had been killed and 38 seri ously wounded. The rage of war painted other sec tions of the country red. Conditions were reported becoming steadily more serious In the Tyrol. Every avail able fighting man, Including war veterans, was called to arms by Chan cellor Doll fuss. 4 Orders have been received for the discontinuance of the local office of the United States deputy marshal, and there will be no appointment to fill the vacancy. Cal C. Wells, who has held the post for seven years. leaves tomorrow night for Portland, and Is closing the af faire of the office. John T. Summervllle, former local barber and councilman, named United States marshal, will assume office Fri day morning, according to local ad vices. There were nine active aspirants for the deputy marshalshlp In this district. WASHINGTON, Feb. 13. (AP) The NDA today decided to abandon past policy and encourage the formation of regional codes of agreements In the trades which are clearly outside Interstate commerce. This waa understood to mean that there would be lesi effort to enforce regional codes In federal courts. The blue eagle insignia will continue to be available to firms subscribing to the regional agreements. The outline of the new policy pro vided that even In the trades local agreement, a national codet might be prepared and approved by NRA as the basis for the local pacta which would make "acceptable adaptation to local conditions." (Br the Associated Freas) Lines were drawn between Oreat Britain and France today for a trade war of serious proportions. At midnight an extra duty of 20 per cent waa clamped on most French imports by Britain. The duty waa in retaliation for French paring down of quotas In British Imports to France Just before the duties became ef fective France got In another blow by denouncing Franoo-British trade trestle of 1B2S and 1882. Uncle Sam was an "interested ob server" In the conflict although com merclal officials at Washington said they believed American trade would not be greatly affected, favorably or adversely. FOREST CHIEF TALKS AT ROTARY MEETING I Supervisor Karl L. Janoueh of the : Rogue River National foreat today ad. ; dreamt the Rotary club at Its regular i weekly luncheon. Slides, pertaining to the work being accomplished In BRITAIN, FRANCE OPEN TRADE WAR fexz,, I Another sign of southern Ore ion's mild winter this year was 5rouht to The Mall Tribune today two amall green tomatoes which had Rrown at the home of R. A. Patrick. 543 Effle streot. The tomato vines, sot out laat summer, have been growing all winter, and now have small toma toes on them. Yl FOR PRESIDENCY BY In keeping with a move gaining na tional momentum, United 8tatee Senator Charles L. McNnry was in dorsed last night as the standard bearer of the Republican party during the next presidential election in 1036. A resolution to that effect was unani mously passed at the twentieth an nual Lincoln club banquet held at the Hotel Medford. one of the largest gatherings of southern Oregon Re, publicans In recent years. The nation of late has been looking more and more to the west for Its leaders, and thtis far the western glance of national political vision has been confined to California. Don R Newbury, retiring president of tho club, said In Introducing the resolu tion. His remarks stressed thoughts that Senator McNary Is Ideal presi dentlal timber, in view of lemg years of governmental experience, which have won him prestige In congress, equalled by no other Republican to day. Liked by All Parlies. The speaker went on to say that political observers have agreed he Is thoroughly Jlked by his own party. Is greatly admired and respected by the opposition and that ha Is one or the most Intelligent members of his party and one of the most open minded. A master at conciliating different factions of his own party. ho has no superior tn congress In the delicate art of winning from the op position support for his measures and ldena and Is said to have the best political mind since Henry Cabot Lodge. (Continued on Page Eight) WITHIN 30 DAYS WASHINGTON, Feb. 13. (AP) Re habilitation of silver was Included today by Secretary Morgenthau In the administration's program. "It is the firm policy of the ad ministration," he said in a letter, "to move forward on a program" for that purpose. The secretary of the treasury also waa quoted by Representative Dies (D Tex!) as saying "the adminis tration Is going to act on silver within 30 days." a The administration, however, has not decided definitely what It will dc For this reason, Morgenthau was excused today from testifying before the house colnntje committee on a number of silver bills. E, FOE OF T NEW YOPK, Feb. 13. ( AP) Wil liam Travera Jerome, 75, arch foe oi Tammany Hall and a former district attorney, died of pneumonia today Jerome, who has been noted for his attacks on gambling and vice while district attorney from 1002 to 1010, had prosecuted Harry K. Thaw for the shooting of Stanford White, the architect. In the 1032 mayoral election Je rome broke a long silence on poli tics to endorse tie candidacy of Flo rello H. La Guard la. NEGRO GETS REHEARING OF TRIAL FOR MURDER SALEM, Ore., Feb. 13. ( AP) The supreme court today granted a re hearing In the first degree murder riue against Theodore Jordan of Klamath Falla. The order was hand ed down orally by the court PARK CONSERVATION FUNDS ARE ALLOTTED WASHINGTON. Feb. 13. P, The i Public Works administration today allotted 13.339.000 for purchase of land for emergency conaervatlon work In national park and natlouai monu ment areas. MATH LOSES IN COURT MOVE FOR HOME RULE Statute Has Attributes Crim inal Law Is Finding Judge Leweiling of Lower Court Is Well Sustained PORTLAND, Ore., Feb. 13. (AP) Portland's four liquor stores will open for business Thursday, the Oregon liquor control board announc ed today, and the Salem store will open Friday or Saturday. Other stores will be opened as rapidly as the personnel can be trained. The state stores will be the only legal sources of nard liquor, in Ore gon, except that dispensed by drug stores on prescriptions. Properly licensed shops will con tinue to sell beer and wine us in the past. The Oregon law, the con stitutionality of which was uphold by the supreme court today, does not permit dispensing hard liquor by the drink. The control board waa meeting here today to agree on liquor prices which, it was materially indicated, would be materially lower than those published in Portland Monday. Geo. L. Sammts, administrator, said the list as published was only tentative, . and that Its release waa premature. The commission disowned It and when a wavo of criticism of hlgft prtces arose, set to work today to undertake a downward revision. SALEM, Feb. 13. tp) The Oregan state Uquo law passed by tho special aession of the legislature was declared constitutional today by the Oregon supreme court in an opinion written by Justice Harry Belt in which tha other six Justices concurred. The ac tion establishes the statute as a valid law. confirming the circuit court In the final step of , the test suit brought by the city of Klamath Falls. The opinion declared the law did not contravene the home rule sec tion of the state constitution, around which the plaintiff attack waa cen tered, and that the statute "has the attributes of a criminal law in that penalties are provided for violation of its provisions." Permits No Conflict. . The new statute "la a general law applicable to all municipalities and repeals by Implication all charters and ordinances in conflict therewith.' Assuming the home rule provision, granting cltlea the right to regulate traffic In liquor, waa still In effect, the opinion stated tliat "notwith standing the power delegated to cltlea under the home rule amendment, they are still Instrumentalltlea for the ad ministration of the general lawa of tha state within their corporate boun daries. Under our constitutional sys tem of government, a municipality la an agency of the state. In dele- ( Continued on Page Eifiht) WILL ROGER? 'says: SANTA MONICA, Cal., Feb. lU.Wlmt's all tlio hundreds nf ncrnpluno pilots and the thousands of people who make an honest living in the aero plimn husincsH (roiiig to dot It's lihe finding a crooked railroad president, (lien stopping all the trains. You lire (foiiiK to lose some fine hoys. These army fliers are marvelniiHly trained in their line, hut not in night crosa- i country flying, in ram and snow. I trust an air line for I know that that pilot has flown that nniirsfl hundreds of times. Me knows it in the dark. Neither could the mail pilots do the army fliers' atnnts and his close formation flying. I do wish they would prose cute the crook, hut not make great growing industry (where 00 per cent, are hard-working Hiid honest) suffer. I hope they don't stop every industry where they find crookedness at the top. llll NtKusJUtrtilui. fa.