j The Weather j Forecast: Fair tonight and 5atur- day; normal temperature. : Temperature ! I Highest yesterday S9 J Lowest tills morning .... 54 i Thirtieth Year Jsiiaj4t By ram MjiMoii I (Copyright. 1935. by Paul Mallon) j WASHINGTON. Aug. 1. Bright young legalltes of the new deal have made a confidential survey of su- preme court opinion on the farm program. They wanted to find out what to expect when the proce a s 1 n g tax cases reach the court In the fall. The result was disheartening. They concluded that it Is a reas onable expecta tion that the court will hold PAI L MALLON the farm program unconstitutional (by r close vote, meaning 6 to 3 or 6 to 4). Independent legal authorities close to the court figure that the decision will not even be close. They expect a 0 to 0 decision against the original net, and do not believe that the AAA amendments now being passed by conprrss have changed that prospect materially. These forecasts are not based on personal polls of the Justices. Any one who tried that would go to Jail for contempt. But you need not at tenfpt tt. Jf you will first analyze the published opinions of the Justices in previous cases involving the same is sues during the last fifteen years. These show that even tne new aeai s best legal friends on the court have subscribed to views about interstate commerce and taxation which deny the legal theory on which the pro cessing taxes are based. The AAA amendments have edged around the objection of delegating authority, but they have not touched the power to tax one etass-of citizens for the exclusive benefit of another, or the Boston circuit court opinion on interstate commerce. The reason is they cannot. This means that the AAA will probably go the way of the NRA be fore Christmas unless the smart new I. n mi deal lawyers find a way to avoid It. aouDl in" a Pnroon Ior OBnKfl WOUiQ I be against public interest. The real reason why the house Dr. R. E. Lee Stelner. supertntend ways and means committee silently ! cnt of the Oregon state hospital, re journed President Roosevelt's idea of j 'erred to Banks as a case of psycho applying new taxes for reduction of Path,c personality with etrong para the public debt Is that the commit- i nolrtfl1 trends. tee believed this idea also was un- "He 18 of thc lPe who has talen constitutional. We and tn hls Pnt '"me f m The committee had Just paed ; might do so agam If he re at large," through the long fight on thc social 1 Dr" S5,ner f1"""! security bill. During that fight mem- ' plven J?h? C 'T' 1 . J v . charge of the medical staff at the bers concluded that vou cannot ear- i . , . ... t, state hospital, mark taxes under the constitution GosslinHdecIared that whlIe lnve5tl. They used devious me hods to get , n 8nQWed blPnorlde of mer. about this constitutional objection In ;curv m 1(wed ,n r found m the security bill. Consequently when ; Banks. ce al, evldence id,cated that Mr. Roosevelt's tax ear-marking rec- j lfc WRS p,aced thcre by Bank5 and no ommendatlon came up during an j otner person. executive session, the Democrats on j A dctailed 8-page report on the the committee, by private agreement, j Banks ca8C wa8 submitted by W. L. paid no attention to it. . Gosslln, secretary to Oovernor Mar- Thls is precisely the same legal j tln wno 8lnce February, 1035, has point involved in thc processing tax j been Btudying the case tn all It cases. It Is quite a large secret, but the scoundrel who tapped Congressman Rankin's telephone wire Is known. At least, a fellow congressman friendly to Rankin believes he knows thc explanation of that foul deed. He was talking to Mr. Rankin at thc time. They both noted a click on : ing authorities on psychiatry in this the wire, and another click. Mr. Ran- state, made an extended analysis of kin's friend suggested to him. more S Llewellyn A. Banks. A copy of their or less humorously, that someone report, dated April 11, 1935, Is at was listening in on them. Apparent- j tached to the original of this report ly Mr. Rankin did not catch the : as Exhibit G. humor of the idea, and subsequently! Dr. Stelner In his findings, in made a charge publicly to that ef-' which Dr. Evans concurs, states: feet. Later, the friend discovered that j his secretary, on a branch line in the outer office, had been picking (Continued from Page Ten) SIDE GLANCES by ' TRIBUNE REPORTERS Emll Mohr tossing chips into thc mT of an auxiliary furnare bor rowed trom a chpcffl factory to sup plpmciu thc big minior undergoing repair., at thc Howl Mcdford. Tlic auxiliary furnace Is In thc oar lot. Instead of the basement. A salesman hiking up Oakdale with a sample kit In one hand and a Urge watermelon under hla oUrer arm. and 50 feet behind him an other vouns man carrying a water melon.' as though raid had been perpetrated on a nearby grocery store. Louie Larkm... cnurrh rarelaker. having a hard time trying tr make graas grow on t:-- corners of the Ian. here the kids cut corn, rs on their bicycles. Pet Denson conciucUr.c a tru: to Jacksonville of skeptical Msachu v;ts s-hoo'm.Van;"'. w!:o f.J.:ied nv.-'T- sb'y to be.:evR ail o; Prf eyed tss cf V1"' mu-.h g ;:d "them liar mils.' (Eighteen Pages Two Sections) E IHAT BE DENIED PEN VISIT Slayer Held 'Menace to So ciety' in Lengthy Report Alienists Hold 'Para noid' Hearing Opens. SALEM, Aug. 2. AP) A report filed with Governor Martin today de clared unfounded the charges by L. A. Banks, former Mcdford publisher, now serving a life term in the state penitentiary for murder, that sbme ono had attempted to poison him in December of last year. The report was filed tn connection with the hearing held th's afternoon in the governor's offic-j at which time friends of the prisoner urged an In vestigation into the trial of Banks with a view of obtaining a pardon. Ralph E. Moody, deputy attorney general, who prosecuted Banks, ap peared at the hearing as opposed to the pardon and to defend charges that the trial was unfair. Tt was in- jdlcated that while the governor may ! investigate the case he will not grant a pardon to Banks, j The poison report bore the testl ! mony of a number of prison officials .and wm sinned b W. L. Gosslln. pri vate secretary to the governor. "It ts evident from the evidence in I this case." the report stated, "that Banks himself was the person who crumDied the bichloride of mercury t(ltoiets )nlo n(s own sugar, It will be recalled that Banks was greatly depressed over the denial by Governor Meier of the application of George P. Moran for a pardon. "It Is possible that a motive was that Banks desired to arouse sym pathy to be used as the basis of an other attempt at pardon to be engi neered by his friends. "Frankly, I have not yet found a public official familiar with Banks and the circumstances of the alleged poisoning attempt who does not be lieve that Banks was the guilty party. The entire poisoning Incident demonstrates beyond the shadow of a phases, at the direction of the state board of control. The conclusions reached by Mr. Gosslln follow: On April 10, 1936. at my request, Dr. R. E. Lee Stelner. superinten dent, and Dr. J. C. Evans, assistant superintendent, of the Oregon State hospital, who are probably the lead Held Dangerous. "My personal Judgment Is that Mr. Banks Is a cap of psychopathic per sonality with strong paranoldal trends. He Is of a typo who has taken life and In his present frame of mind might do nn again If ne were at large. The book which ne has written about himself Is suffic ient for even a layman to properly indict him as being Abnormal In his mental processes. Prom the time that he was a boy until this date, he has found nearly everybody wrong in the (Continued on Page Pour.) URGE ROAD FUND SALEM. Aug. 2. fAP( Members i of th state highway commission con j ferrcd with Govenror Martin here to day with relation to an act of the j 1635 lfcKlatiire which permits the commission to ue a part of Its funds 1 for ndvfrttsinsr the state of Orrgon. i The commission has proposed to Mwnd I25.000 In the printing and I circulation of illustrated pamphlets i sdvertlMng Orion's scenic rvjurces. I L'se cf moving pictures also will be ' cn'idir'red. Officials fald the pamphlets sou'd : sent to all fectlons of the Cnt ted Sta'.-s. Iedford Mail T mjMI NOTE PUZZLES . gf B&W- - .m, IMJ1 jjaifjRf ) A L V .S-x.y Ik Jti V" V Dr. Walter J. Bauer (left), victim of a mutilating operation In Chicago which proved fatal, had been married to Mrs. Louise Shaffer Bauer (center) only two weeks. Police sought a rejected suitor of the pretty nurse for questioning. A suicide note, believed to have been signed by Mandevllle Zenge (right), suspected as the slayer, was found by police who sought him for questioning. He was a former suitor of the widow. (Associated Press Photos) SALEM GIVE SHE E Three Legislators Sign Re moval Threat Bend Mentioned As 'Ideal Loca tion' Along With Other Cities. SALHM, Au. a.Yn -Tnre mem bers of the 1035 legislature today In a public statement declared that IX thc city of Salem wishes to remain aa the capital city It should present & site for the new oapltol, otherwise it should be removed to Bend or some other city. The three who signed the state ment were Representatives James Eckersley of Oswego and Charles Leach and Lew Wallace of Portland. The latter will have a contest for hla seat in the session because of his appointment to the state game commission. The statement In part stated that "we feci that the city of Salem, which derives all the benefit from visitors to our capltol. and from all employes who live in Salem, and for the large Amount of money spent there each time a, session Is held, that It be hooves that city to present the state with a site for our new capltol of ample size and free of any cost to the state." Suggesting further that unless this Is done other cities might well be named as state capital, Bend was suggested as the most Ideal location. Other cities mentioned we. re Klam ath Palls. Medford, Roseburg. Eugene, McMinnvllle, Corvallls and Portland. FOR AGE PENSION PORTLAND. Aug. 2. (VP) Thou sands of determined and hopeful per sons paraded today in honor of Dr. Francis Townsend. who Is here for a three-day western states rally In support of the revolving pension plan he originated. The parade opening the program of those seeking 1200 a month pensions, was followed by a picnic at Jantzen beach. Fof nearly one and A half hours the procession of automobiles, bands, marching groups and floats wound is way through downtown streets and past the re ve wing stand in front of the old postoffice. Flags, banners and hands all waved their greetings as old and young paid respects to the tall Townsend leader and his wife. In white trousers and trim Jackets of black and red. the official Port land Townsend band headed tho pro cession. Its leader is J. H. Marshall, who ssld he started the organization with a drummer two weeks ago. Dr. Townsend. Los Angeles man who has ipent much time in Washington. D. C. recently, will speak tonight at 8 o'clock. Income Shares Maryland Funding, bid 14.43: akd 17 76. Quarterly Income Shares, bid 1 3fl; asked 1.50. Nnrthet mil Signed WASHINGTON. Aug. 2. (AP) f President Roosevelt today signed the bill providing for observance of the' J 150th annliersary of the settlement j 1 of the northwest territory. MEDFORD, OKEC.ON, POLICE IN MUTILATION SLAYING BIG THREE AGREE AFTERjOCKIAILS L. of N. Council Holds Pri vate Parley On Ethiopian Issue Fifth Arbitrator to Be Picked. (Copyright, IMS, by the Associated Press) O EN EVA. Aug. a. (AP) Premier Lava of France announced late to day at a surprise meeting of the League of Nations council that Italy, Great Britain and France had agreed to the resumption of arbitration of the dispute between Italy and Ethi opia. The "big three" agreed that a fifth arbitrator should be added to the two representatives of each nation, who, at present, constitute the Italo Ethloplan conciliation commission. Laval announced that, if the arbi tration falls, the problem will be re turned to the League of Nations. According to league officials, he added that England, France and Italy would Initiate the negotiations on the basis of their 1906 treaty. The surprise session met Immedi ately after a cocktail party for the council members at the home of J. A. C. Avenold, secretary-general of the league. The secret session was held after word had been given out that both Italy end Ethiopia had rejected a Franco-Britain formula for settlement of their dispute. Premier Mussolint turned down the formula on the grounds that there should be no time limit for the pro jected political negotiations among France. Great Britain and Italy. The British want them ended some time In September while the assembly and council of the league are In regu lar session. This would enable the British to demand a league examina tion of all aspects of the conflict if the political consultations collapse. Strong Indications were seen that the British were stiffening their at titude and would decline to accept the modifications of the formula. The Ethiopians were represented as opposed to the formula on the grounds that they would not be full fledged participants in the proposed conference to decide thlr state In the conflict with Italy. It was reported in league circles that Tecle Hawarlate. the Ethiopian delegate, told Premier Laval of France and Eden of Oreat Britain : "We would rather be murdered than com mit suicide." BASEBALL National. R. H. E. Boston 16 0 New York 4 12 1 Batteries: R, Smith, Betts and Mueller; Castleman, Stout and Man- CUM). R. H. E. Chicago 0 'd Cincinnati BOO Batteries : Lee, Casey and Odea; Schott and Lombardt. R. H. E. Brooklyn 8 11 1 Philadelphia 3 7 4 Batteries ; Earnshaw, Munns and Lopez; Walters, Pezj-.ulo, Blvln, Jor gens, Mulcahy and Todd. American. R H. E New York . 9 13 1 Washington .4 II 3 Brnsre mid D!-key; Hadly. Pettle, Russell and Bolton. R. H, St. Louis 10 17 3 i Chicago 8 8 0 Cain. Knott. Thomas. Vanatta and Hemky; Jones, Wyatt, Kennedy and ficwell. FRIDAY, AUGUST 2, APPEAL FILED ON GOLD COAST LINE Hope to Show Public Neccs sity for Leland-Port Or ford Road and Start in December. GRANTS PASS. Aug. 3. (AP) An appeal to the Interstate commerce commission from Its examiner's pre liminary disapproval of the Oold coast railway's petitions to build Its railroad down the Rogue River from Lei snd to Port Orford was filed wl?n the I. C. C. In Washington Tues day, according to a telegram received in Grants Pass from Senator Charts L. McNary In Washington. The disapproval waa recommended by .the I. C. C. special examiner but has not been acted upon by the commission Itself. The examiner, J. S. Prltchard, held that there was insufficient proof of public demand for the line, which la proposed to link the upper Rogue River valley with ocean transportation and tap the timber and mineral resources of the lower Rogue river. If the preliminary disapproval can be overcome and the certificate or public convenience and necessity for the line's construction secured, the road's construction Is expected to begin In December with between 1000 and 2000 men employed in five camps along the rail survey between Lei and and the port terminal. BELOW $1000 IS WASHINGTON. Aug. 2. (AP) The house today voted down a pro posal to Increase taxes on Incomes as low as si ,000. The proposal, offered by Represen tative Taber, (R., n. Y.), was present ed as an amendment to the 270,000. 000 tax bill, it would have levied rates beginning at 2 per cent of that por tion of an Individual's Income be tween t2.ooo-93.000 and Increased the tax to 76 per cent of all over 15,000, 000. Taber's amendment was rejected 52 to 31. A few minutes later, the house de feated, 60 to 11, an emendment by Representative McFarlane, (D.. Tex.), to tax all Incomes over 92.000 and limit any Individual's Income to 152, 000 a year. A proposal by Representative Tru ax, (D., Ohio), to take 00 per cent of all Income over 50,000 was beaten w to 14. flALBM, Aug. 3. f AP j The Jack son county planning board, headed : by members of the county court as ex-offlclo members, was announced I today by Ooiernor Martin. Membership IncludM O. O. Alrn derfer. B. M. Tuttle. T. E. Daniels. ! Paul B. Rynnlnfg. Karl Janouch, pred : W. ftrheffH and J. C. Thompson, all of Medford: D. H Ferry. Foots Creek; ' J. O. If-aacson. Central Point: V. C. Clements. K.nrle Point, and H, Van k Ho-.enfrg. Gold Kill JACKSON COUNTY PLAN BODY NAMED RIPUNE 1933. HELD IN E; 10 TALK Missouri Carpenter, Nabbed in Chicago for Operation On Love Rival Suicide Note a Hoax. CHICAGO, Aug. 2. uP) Captain Daniel Gilbert of the state's attor ney's police said this afternoon two witnesses Identified Mandevllle Zengc of Canton, Mo., aa the man they saw fleeing from a filling station near which Dr. Walter J. Bauer was found mutilated by an operation. The witnesses were Charles Mantel, night watchman at & parking lot, and Herman Eichner, a newsboy. The lat ter said he was upset by Zenge in his flight. Oilbcrt also said John Glanninl recognised Zenge as the man he had driven to Navy pier Wednesday night and who left In his cab a "suicide note" snd a blod-stalned coat. Zenge was seized earlier in the day by police who sought htm for ques tioning in connection with Dr. Bauer's death In hospital Wednesday. He denied any connection, with the fatal operation. At the same time his brother, Leigh ton, came to Zenge's defense. "He couldn't have done It." Leigh ton asserted. Zenge. a 2fl-year-old carpenter, for merly was dairy worker on his father's farm. OHrCAOO. Aug. 3. (T Mandevllle Zenge, 26-year-old Canton, Mo., car penter, sought in the mutilation mur der of Dr. Walter J. Bauer, waa seized today In a taxlc&b garage on the west side. Capt. Daniel Gilbert of the state's attorney's oflce led a squad Into the garage, following a taxlcab In which Zenge was riding. The suspect's father admitted the man In custody waa his son, after first denying the relationship. "Zenge hasn't talked yet," said Captain Gilbert. "We are queatlon Ing, him now and when we have fin ished a statement will be Issued." A hurry call was sent out for Dr. Harry Hoffman, head of the Cook County Behavior clinic. He went into Captain Gilbert's office, where Zenge was being questioned. Police of four states hsd sought Zenge since Dr. Bauer was found, dying, early Wednesday. At an in quest yesterday Bauer's pretty 23-year-old widow said ahe had been engaged to Zenge for seven years prior to her recent marriage to Bauer. Later, a suicide note was discov ered In which Zenge his handwriting recognized by Mrs. Bauer end rela tives said "I am going to Jump in the lke." He waa "miserable," tho note said, over losing Louise, Bauer's wife. The note made no mention of the attack on Bauer. Bauer told police he was abducted In Ann Arbor, Mich., where he was a summer student at the state university pending his return to his faculty post In the Klrksvllle, Mo., Colleg of Osteopathy and Surgery. Police Captain John Btcge at once branded the note a hoax. Stege said it was a ruse to throw polios off the track, T NEW JUDGE BILL WASHINGTON, Aug. 2. (TP) The office of Representative Montague (D., V was notified today by the White House that President Roose velt had signed a bill creating new federal Judgeships In California and Virginian. The measure would authorize a new Judge for the ninth (California) cir cuit court of appeals, two new dis trict Judges for California and would make permanent a temporary district Judgeship In the same state. T Crater Lake council. Boy Scouts of America, announced today that ! word has been received here that the ; rumor of postponement of the na-' tlonal Boy Scout Jamboree at Wash ington, D. C., h been refuted. Council members stated that al though It was announced In the east that danger from Infantile paralysis would necessitate an Indefinite post ponement, the United States sergeant general has notified the national Boy Srout council that the rumor was a fslae alarm. Tbere la absolutely no reason why the Jamboree should be postponed, the sergeant -general was quoted a saying. Freckle Champion v. Bod Turptn (boy above who II hiding behind a lot of spots) was named world's freckle-faco cham pion at the San Diego fair. He wai ust a gpeck ahead of a large field (Associated Press Photo) HERE FOR STUDY OF CITYAIRPORT Possibility of Use As Ma neuver Base Considered Citizens Greet Party Early Decision Due. Major Eve raid Myers, United States army, accompanied by Major Harold Smith and Major D. Dunton and six enlisted men arrived at the Mcdford airport at about 10:30 this morning for the purpose of examining the possibilities of the local port as a base for extensive bombing maneu vers In the army starting August 18. The group flew to Medford from Hamilton field at San Rafael, and planned on taking off shortly after 2 o'clock this afternoon to return thcre, according to Major Myers. If the bombing maneuvers are held here, tt will mean that 130 men will be camped near the municipal air port hero for about a week, and 13 huge army bombing planes will be stationed here. Medford has not been definitely decided upon as the site for tho war games, Corning. Califor nia, also making a strong bid. but according to the army men. there is a good possibility that the favor will bo turned this way. Major Myers told a committee of Medford citizens. Including Mayor Porter. Ben Harder, Robert W. Ruhl, Fred Heath, Ployd Hart. W. H. Fluh rer, Tom Culbcrtson and A. H. Ban well that they wero very favorably Impressed with tho reception given them and the excellent facilities at the local port. They stated that they would strongly recommend this site to Col. Tinker, in command at Hamil ton field, upon their return. The war maneuvers will consist of general bombing practice, the loading of bombs, takeoff s, rfhd short and long flights, some lasting as long as set-era! hours, over southern Oregon if the squadron Is brought here. Tho city has agreed to furnish wat er to the men camped near the air dome, lights, cooking utensils and recreation for the men. Including the use of local golf courses, badminton and tennis courts, fishing and swim ming. Pinal decision In the matter rests with Col. Tinker, and when his de cision has been rendered, the message will be flashed to the airport officials here, It was slated. MEN GEip,871 WASHINGTON. Aug. 2 ( AP) The farm administration announced to day that in less than a week It had mailed corn-hog checks totalling $9,139,649 to 143,280 farmers In 40 states as a start on the payments for the 1935 program. The sum, which Include the checks being malted today, represents about one-tenth of the tola, to be paid In first payments checks to corn hnz cooperntors. Second payments will be made after January 1. 1936. Iowa continued today to leart the way. Cheeks have been mailed there for $2.3 SB .867. more than on--fourth of the total distributed to date. The farm administration said the payments to date by states Included Montana 3fl.ng, Idaho $10,1 II. Washington $70.7J0. Oregon $139,871 'snd California $70,617. It's Vacation Time Have the .Mall Tribune follow yon on your summer vacation. Better than a letter from home. Telephone 5 or drop a postal (lvlng your old and new address. No. 113. KILLED IN WRECK Georgian Prince, Late Mate '5 & 10' Heiress, Dies in Spain Pretty Companion Unidentified. BARCELONA, Spain. Aug. 2. ( AP) Prince Alexis Mdivanl, 31, divorced husband of Barbara Hutton and one of the most colorful figures of Inter national society, died today as dra matically as he lived. The Georgian prince was killed In stantly and his pretty young woman companion was injured critically In an automobile accident after he vol unteered io drive the woman, who had missed her twin, tn hnc i Perplgnan. Prance. The couple left the palatial home at Pal run on or Mdivant's sister. Mrs. Jose Maria Sert. where tho woman had been a house guest, shortly be fore last midnight. Roarlnz toward th Frunr-u vrr Mil Ivan I 's powerful roadster struck a iuivnrt in a winding road at Albons, Gerona province, and plunged into a deep gully. Two hours later. Just as her last guests were leaving. Mrs. Bert waa no tified by telephone that a motorist had found an overturned car and that a body had been taken to an undertaking establishment at Albons. The prince's sister, wife of a noted Spanish mural painter, ordered her own car and went Immediately to the v mortuary, it waa believed she would have the body removed soon to her Palamoa home. Surgeons performed an emergency operation on the prince's - injured companion In an effort to save her life. Buffeting from a fractured skull, ahe waa still unconscious at 6 a. nv, and hospital attendants said then was little chance for her recovery. Attendants who prepared her for the operating room said they found no documents of identification. Until they could communlmtA with Sort, there was no way of establish ing the Identity of the Injured girl. Avicnoanis said sne was an attrac tive brunette, about 5S vpam nin r. apparently French. Servants at the iiunic. nowovcr. saia tney be lieved her to be Geerman. He was a brother of Prince David Mdivanl, former husband of Mae Murray, motion picture actress, and of Prince Serge Mdivanl, former hus band of another film actress. Pola Negri, and of Mary McCormlc, opera singer. Alexis Mdivanl waa married first to Louise Astor Van Alen, a descendant of John Jacob Astor. at Newport Villa, May 16, 1031. They were divorced a few months later. His second marriage was to Barbara Hutton at a civil ceremony in Paris Juno 20. 1033. They were divorced at Reno. Nevada, May 13, 1035. When Miss Hutton was married to Mdivanl she retained full control of her fortune of approximately $42, 000.000, but, it was reported that she gave as a wedding present to her bridegroom a set of pearl shirt studs, a string of polo ponies, 11,000,000 and a trust fund that paid him $50,000 a year. SANTA MONICA, Cul., Aug. 1. Hrrc is your headlines in the papers every day, "Tim Poalics Delivers Blistering At tack on Tfnosevelt," "Wood ruff, Republican of Miehiean, Denounces Ilcartilv New Deal in Its Entirety," "Colonel Wil liam A. Rohunk Says Unless Country Returned to Good Old Republican Rule Moscow Will Annex Us," "Dr. Jasbo, tho well known infantile specialist, a man of great means and a life long Republican, says there is something about the afflic tion and its after effects that makes the patient, want to bring equality. It's purely a mental disease and should b kept out of office." Now it's 1H months till elec tion. Vou think they are goina lo feed people on that for 1(5 long months? No, tho boys started their race too early. The time to make your plea to the jury is just before they go out. You can't lecture a jury for a year and four months. I1S, MeNsuiM SrnditsW. In. SAYS :