o
o
The Weather
Forecast: Unsettled with oc
casional rain tonight and
, Tuesday. SllEhtl)cwsrmi:r to
night. Highest jesterday 80
Lowest thti morning 31
What Happens
Properties ari being told,
houses rented, Jobi round, lost
articles returned and numerous
other transactions made
through ads In the classified
columns of this newspaper.
Medford
TJilBUNE
Thirtieth Year
Full Associated Press
MEDFORD, OREGON, MONDAY, DECEMBER 9, 1935.
Full t'nlted Press
No. 222.
EPIED
SHEW
Fn
an .! ,11 Vsa! WJ
SUPREME COURT
LASTJUFE HOPE
Plea That Trial Unfair and
Resembled Circus Fails
to Sway Jurists May
Seek Another Trial
Ilauptmann Calm
TRENTON. N. J., Dec. 9. (UP)
Egbert Rosecrans, one of Bruno
Richard Hauptmann 'a attorneys,
said today the defense was consid
ering asking for a new trial on the
basis of newly discovered evidence.
Rosecrana made his statement
after visiting Hauptmann In his
death house cell. Hauptmann, he
said, took the news of the idverse
ruling of the supreme court of the
United States calmly.
Rosecrsns said Hauptmann
smiled and said:
"Well, sorry you couldn't bring
me any better news."
NEW YORK, Dec. 9. P) Bruno
Richard Hauptmanrj's loyal wife. An
na, today received the news of her
husbands rebuff by the U. S. supreme
court calmly and with a re-avowal
of faith In his Innocence.
"I do know that despite everything
he will come home again. I know he
la Innocent of the Lindbergh kidnap
ing," ehe said.
"Of course I'm disappointed. The
decision were something else I would
feel much better."
By JAMES W. DOUTHAT.
Associated Press Staff Writer.
WASHINGTON, Dec. 9. (AP)
Virtually the last avenue of escape
from electrocution was closed to
Bruno Richard Hauptmann today
when the supreme court refused to
review his conviction of kidnaping
and murdering the Lindbergh baby.
In an atmosphere a-qulver with
the prospect of arguments about to
begin over the AAA, the court
made known its decision through
the one word "denied."
It wss contained In a long list
of court "orders." telling whether
appeals from lower tribunals would
toe reviewed.
Only court attaches and news
papermen knew of the all-Important
word affecting the Bronx carpenter.
It wss not read aloud.
May Ask New Trial.
Hauptmann's attorneys had an
nounced previously that, In the
event a review was refused, they
would seek a new trial If new evi
dence could be found and would ap
peal for a commutation of the death
sentence to life Imprisonment.
The prisoner now Is In the "death
house" at Trenton.
In asking the supreme court, to
set, the attorneys had contended
the celebrated Flemlngton trial re
sembled a "circus" and the defend
ant had been denied a fair trial.
They criticised the Judge and
(Contlnued on Page Eight)
Building Permits
To date the only building permit
for the month of December has been
issued to the General Petroleum cor
poration, to build an extension to
their oil warehouse at 032 South
Cpntral street at an approximate cost
of 9400.
SIDE GLANCES
by
TRIBUNE REPORTERS
Col. Paine opining to a friend that
this would be vpry poor weather for
a fishing expedition, and receiving
no contradiction.
"Rosy" Rownbaum complaining
shout the lark of provision for bach
elers in R. W. Frames sugge$tlon of
a ladles' night at the next Klwanl
meeting, and being laughed out of
countenance.
Frankle Peck, wrassler: "Sure. I've
been training. I've been hiking over
those Klamath Falls hills equipped
with long-handled lingeries and
sweat shirts to work off a little
grease."
Tod Porter recalling the time that
George Codding won a year's supply
of ice for a hole In one he made
acme time ago. and the machinations
of the other golfers to art MJ. Mor
ris to deliver the whole lod at one
time.
Frank Wootn jvarwig the custom
ers at Western Auto half to deail,
by grimacing and glowering In an
Imitation of Charles La ugh ton as
Captain Bligh.
Homer Conger telling about the
time the two drunks ran into hi
rar. wrecking it. ar.d ::a a ;oke
it m t!n hfjnv th car was
on the w.cng side of tn aVeb
Seven Convicts
F. R. Defends Farm Relief Program;
New Deal Hit Blow by High Court
JUSTICE PROMISED
CITY DWELLERS IN
TALK TO FARMERS
j CHICAGO. Dec. 9 (API Assur
ance of Justice to city dwellers under
the administration farm relief pro
gram was voiced today by President
Roosevelt In a talk to the American
I Prm Rurenn Federation convention.
Cracking down on the "political
profiteer." the "dispensers of discord."
and the "calamity howlers." the presi
dent spoke confidently on the "broad
recovery program"; endorsed the new
Canadian trade treaty and stated that
the farm program has actually given
consumers "net benefits."
All Seeking Justice
"The thing we all are seeking." he
said, "is Justice In the common sense
Interpretation of that word the in
terpretation that means 'do unto your
neighbor as you would be done by'."
Governor Horner of Illinois and
Mayor Kelly of Chicago welcomed the
president as his special train arrived
near the stockyards amphitheatre
where the farm meeting was in ses
sion. Edward A. O'Neal. presJdent of the
farm federation, walked to the plat
form with Mr. Roosevelt amid a roar-
i Continued on Page Bight)
ARGUMENTS OVER
LEGALITY OF AAA
WASHINGTON, Dec. 9. (AP)
Tolntcd quest, ns from supreme
court Justices du.-lng arguments to
day over the AAA Intensified uncer
tainty about the future of that
agency.
Members of the court, generally
ranked as conservatives, evinced in
terest if not skepticism In the new
deal position.
While the thronged court room fol
lowed proceedings breathlessly, Solici
tor General Stanley Reed was asked
especially about congressional delega
tions of Its tax powers by Justices
McReynolds. Butler and Sutherland.
On the other hand Justices Brand
els and Stone, generally considered
liberals, asked questions that seemed
to help Reed out in arguing the AAA
constitutionality.
He argued that the processing taxes
by means of wlych over a billion dol
lars has been collected and paid out
to farmers for cooperation In crop
control, were for revenue and not
regulation.
Congress, he said, laid down spe
cific rules for fixing the taxes.
Justice Sutherland Inquired where
these could be found and was direct
ed to a section of the government
brief.
The possibility of a split court on
trie caM. in which a decision Is not
expected until January, occurred to
listeners.
ONSETfilMHEil
Unsettled conditions with occas
ional rain and slightly warmer tem
peratures were predicted by the
weather bureau for tonight and to
morrow. The storm area which has centered
off Alaska was moving slowly east
ward today and weather here will
remain unsettled until it has pawed
beyond the range of Rogue valley
lnfluenre. the bureau said.
The fog which enveloped the v'.
y again this morning was described
as a temporary condition which
would be dlntpated by the rain.
FALL'S"C0NDITI0N
BECOMES SERIOUS
EL PASO. Tex.. Dec. 9 (AP
Bronchial pneumonia has developed
,., !orr left Ixir.g of Albert B.
r i'i ;c; mrr v rfsry of the In
' -rinr r-ril rff. announced
i today. His cciidiiicu aenor..
Clipper Completes Manila
The China Clipper Uxi-lng to her dock In Alameda, Calif., at the end of Its first 16,000-mlle flight
to Manila and return to Inaugurate transpacific airmail service. She made the trip home In 63 hours,
28 minutes flying time and for the whole trip was In the air 123 hours, 15 minutes. (Associated Press
Phot
EDUCATION
LETS CONTRACTS
FOR STRUCTURES
PORTLAND. Dec. 9. (AP) The j
state board of higher education let j
contracts today for a half million
dollars worth of PWA buildings, i
boosted salaries of Presidents O. V. i
Boyer and G. W. Peavy to J6500, the ;
present base rate; frowned on Bun-
day football, and Issued a statement ;
In support of the student activity i
fee bill, to be voted on In January.
This was the regular December
meeting of the board and was attend
ed by all nine members and all In
stitutional executives excepting Pres
ident Boyer of the University of Ore
gon, kept home by Illness. No other
meetings are scheduled until late In
January.
Approval of contracts completed
the board action on the comprehen
sive PWA building program being
carried out on all campuses, financed
entirely through federal aid and
building fee Income.
Contracts were awarded to Rosa B.
Hammond, ' Inc., Portland, for the
University of Oregon physical educa
tion plan, at $300,213; William and
L. L. Qulgley. Portland, Infirmary at
Oregon State college, $91,315. and
the administration building at the
Oregon Normal school, Monmouth,
$86,108; and to Shattock and NeAland,
Portland, gymnasium at Southern
Oregon Normal, $40,175. The lsst
award Is subject to approval by PWA
officials as a slight change was made
In the former official bid.
New funds for the Medford branch
experiment station provided by the
last special session were budgeted for
psrtlsl use in the current fiscal year.
LOS ANGELES. Dec. (AP
Police said Mrs. Mabel Frankle Willis.
38, confessed today she beat Dr. Wal
ter F. Hammond to death yesterday
"after a drinking bout that lasted
three weeks."
"I was thinking of Clara Phillips
(paroled hammer slayer)) as X swung
on him," Patrolman William Agner
quoted her as saying as she led him
to the body of the 62-year-old dentist
In the bedroom of her home.
Anger said Mrs. Willis told him
she had lived with Dr. Hammond as
his common-law wife for eight years.
She claimed hammond started to beat
! her up yesterday afternoon.
Fist Fight Fatal
For Klamath Bay
KLAMATH FALLS, Ore.. Dec. 9
!A Jack Malatchie. 15. died of ce-
I rehral hemorrhage which followed a
; fist flint Prlday :th Roy John.i.
i 14. a schoolmate. PMi held Jjhn
n t vMirc n inquest ino
1 Mautciu a deeta $At4;aj,
Tunnel
Largest Increase
Since 1930 Shown
By Telephone Co.
A gain of 220 telephone Instal
lations In Medford during the cur
rent year wss reported today by
H. B. Hammond, manager of the
Pacific Telephone tfc Telegraph
company.
This, a gain of about six per
cent, Is the largest Increase re
corded here since 1930, Mr. Ham
mond said.
An increase of 70 telephones was
recorded in Grants Pass, a gain of
about four per cent. Other com
munities In the yalley remslned
prsctlcally unchanged. Especially
large gains were made In Medford
during September, October and
November. Mr. Hammond stated.
PEAR WEEK' GETS
PUBLIC RESPONSE;
TO BE EXTENDED
Medford 's first community pear
week was so successful that It wss
decided today to continue the cam
paign to publicize the Rogue valley's
fruit to the end of this month.
Contest essays written by students
of the senior and Junior high schools
were submitted today to E. H. Hed
rlck. superintendent, who was to
turn them over to the Judges. Arch
Work and Dr. W. W. Aldrlch, of the
Medford experimental station, ana
C. B. Cordy. county horticulturist.
Answers to the pear questionnaire
submitted to the Rotary club last
week were to be turned in tomor
row, the winner to receive a box ot
pears.
(Continued on P"i Eight)
T
Signs of a Merry Chri.itmfls were
noted at the postofflce today by
Postmaster Prank DeSouza as he sur
veyed a large pile of gilt pwka?es
bearing holiday greetings and warn
ings not to open until the Yvi't's ar
rival. "It looks as though this la going
to be the best snd most pr 'onerous
Chrlstnjs In years." tr. D?&cwrA
commented. "The hol:oay rush has
already started and the hesvli-.'a of
the early mails lndice thit Snta
Claua will have an overflowing pack
this year,"
Beams of the sudden Jncrcae In
traffic today Mr lSoi7. ajim ad
vised the public to mail ChrlAtmaa
package early. Only throuh public
cooperation, he said, can the postal
service give maximum envt'-rvy
Miter
NFW YORK Iv ft -fi-Bw
vet H. dowa ceisV
Out of Washington Penitentiary
Mail Flight
L
CLUES CLEARING
The county authorities have strong
evidence relative to the identity of
the person who smuggled poison to
Myles Randall In the county Jail,
with which he committed suicide,
according to District Attorney George
A. Coddtng. The matter will be pre
sented to the next session of the
grand Jury for action, the district
attorney said. The name of the per
son under suspicion was not made
public.
A report on the analysts of the
vital organs of Randall by Univer
sity of Oregon chemlsta was expect
ed to be received thia week.
Randall, on parole from the state
penitentiary for forgery In Cooe coun
ty, faced return to the Institution.
(Continued on Page Sight)
DR. LOW OF G. P.
POtlTI.AND, Dee. 8. (AP) Dr.
Ocorge r.. Ijov. 0. physician at
Grants Pass for the past four years,
died In the Vetersns' hospital here
today.
Dr. Low wss a well known football
player on the Willamette university
team of 1907. Hie widow, the former
Miss Ethal M. Templeton, also was
a Willamette student.
The doctor practiced for 18 years
at Coqullle before moving to Orsnts
Pass. He served two years overseas
with the 31st Hospital corps.
His widow, a daughter, Mrs. Jerene
fftewart of Oranta Pass, snd a grand
daughter, survive.
ARE BEGUN BY WPA
Hie Prescott park road and Bear
Creek bridge projects were launched
this morning as part of the PWA
program for Jackson county.
About 40 men began the widening,
trradlng and gravelling of the road
leading from the east end of the city
to the new memorial park which la to
serve as a recreation center for south
ern Oregon.
A elesrlng crew of six men started
work on the bridge which Is to span
Besr creek as a continuation of Mc
Ar.drewa road.
Baby ftmothers In Crib.
PORTLAND. Ore., Dec. fl. I AP)
Edward Olson, four-njontli-old bany
smothered in his crib. He the
of Mr. and Mrs John Olson of
rortlaod.
RIGHT OF STATES
WASHINGTON, Dec. 9. (AP) The
supreme court ruled today that the
federal government lacks the right to
Impose a special tax on liquor manu
facturers and dealers In dry states
since the prohibition amendment was
repealed.
In a 6 to S opinion read by Justice
Roberts the court affirmed decisions
by the circuit courts In a case from
Birmingham and Tulsa.
Justices Brandels, Stone and Car
doso dissented. Roberts said the law
Infringed on state rights.
WASHINGTON. Deo. 0 (AP) A
seotlon of the Home Owners Loan Aot
of 1933 authorizing federal Incorpora
tion of building and loan associa
tions, despite a state's wishes, was In
validated today by the supreme court.
In an unanlmoua decision handed
down while a crowded courtroom
awaited all-Important arguments on
the AAA, the highest court struck
another blow at the new deal.
, In some quarters, the ruling was
viewed as a possible guide post to the
extent of federal power over state af
fairs. It was the first opinion this
term on a new deal law.
The Justices affirmed a ruling by
(Continued on Page Eight)
ROOSEVELT HITS
BIGOTRY IN TALK
AT NOTRE DAI
SOUTH BEND. Ind.. Dec. 9. (AP)
President Roosevelt pointed today to
the American "torch of liberty of
human thought, liberty of human
conscience," as a guide for other na
tions, "If they will accept It."
In the gymnaaium of Notre Dame
university, receiving an honorary de
gree of thla Catholic Institution, Mr.
Roosevelt spoke on the age-old sub
ject of religion.
"Long ago," he said. "Oeorge Mason
In Virginia declaration ot rights
voiced what has become one of the
deepest convictions of the American
people: religion, or the duty which we
owe to our Creator, and the manner
of discharging It, can be directed
only by reason and conviction, not by
force or violence, and therefore all
men are equally entitled to the free
exercise of religion according to the
dictates of conscience."
HOLLYWOOD, Calif., nee. 9 (AP)
Carmellta Oeraghty, screen actress
wife of Carey Wilson, scenario writer,
told police she fell In the bathroom
of her Bel Air home today, sus
tsinlng a deep gain In her fore
head. Wilson, returning home early this
morning, found his wife lying on
the bathroom floor, bleeding and
unconscious. He reported to ppllce
she had been beaten by an In
truder. When the actress regained
consciousness later this morning she
said she had fallen and injured her
self. "All I remember Is that I fell."
she told authorities.
Dr. Harold Barnard, who attended
her. said that "to all Intents snd
purposes Miss Oersghty was hurt
accidentally."
'Watch Your Ax9 In
Yule Tree Cutting
PORTLAND, Ore. , Dec , f) .JT
Christmas tree choppers muM "be
ware with the ax." state polio warn
ed today.
ftfate law says It Is "unUwful to
. . In any manner remove tr.ts fiom
r:ght of way of state highways . , .
Tl'.hoi't perml-wilon " The maximum
penalty U 1100 audir 30 Ul
ACTRESS CLAIMS
INJURY IN FALL
MUSSOLINI SILENT
ON FRANCO-BRITISH
peace mm
Italian Senate Told In
terests of Country in Both
Africa and Europe Will
Be Defended Strenuously
By Devon Francis
(Associated Press Foreign Staff)
Premier Mussolini told the Italian
senate today that "Italian Interests,
both African and European, will be
defended strenuously."
His 60-word address, tuard also by
the cabinet and representatives of
tlie royal house, came after Prance
and Great Britain were said to have
formed a "united front" In demand
ing U Duce "show his hand" In his
war with Ethiopia.
The fascist chief made no mention
of a peace plan reported to have
beeen reached between Prance and
Britain, which, an authoritative Lon
don source said, would be considered
by the British cabinet at an extra
ordinary session.
The British government was repre
sented aa having deftnlte hope that
the new plan would bring a response
from Mussolini.
A speedy eaat African peace or a
possible European war. Informed Ital
ian sources said, hang on the pre
mier's reaction to proposals for peace
dratted by London and Paris.
The terms for ending hostilities
wore described by French officials as
going beyond anything previously or
fered the militant Italian dictator to
foroe a showdown. Groat Britain, It
was said, had made marked conces
sions.
Events of the next 38 hours were
expected to determine the duration
of the campaign In the African king
dom.
The Fran co -British solidarity, In
aharp contrast to the widely diver
gent views of the Italian campaign
evidenced on the two sides of the
English channel at the start of the
war, "extended far beyond the Italo
Ethiopian conflict," diplomatic
sources In Parts said
PARK IS COVERED
DEEPLY BY SNOW;
'T
Two and a half feet of anov at
Orater lake national park headquar
ters were reported today by David II.
Can field, park superintendent, upon
his arrival to the Medford office from
a visit to the mountain resort. He
waa accompanied on the trip by J.
Carlisle Crouch, chief ranker.
Snow crews have kept highway to
the lake open ao that motor Is ta can
get through without difficulty, the
park men said. Weather at the lake
yesterday was described as Ideal, many
vlaltora enjoying the acenlc attraction
In Ha winter splendor.
Bears, which this year stayed out
In the open longer than usual because
of the availability of food, have now
gone Into hibernation, the park men
stated.
It waa expected by park officials
that a program of winter sports at
Crater lake would be launched In the
near future. The Rogue Snowmen will
meet at 7:30 tonight In the Jackson
County Chamber of Commerce oulld
Ing to map out It winter schedule
of sports. Officers for the new year
also aro to be elected. The Snowmen
are working In conjunction with other
cluba for the ataglng of a aerlea of
winter carnivals at C-ater lake thli
year.
Burl Sexton, radio technician of the
lake's winter crew, was here today
perfecting broadcuitlng apparatus
used at the lake In sending out dally
weather reports. When the aystem la
perfected report are to be broidoaet
twice dally ao that motor i its may be
kept Informed regarding weather and
road cnttydltlons.
PORTLAND. Ore., Dec. p. (AP)
Frederick H. Fogarty, 77, retired gen
eral freight agent here for the Nor
thern Pacific railroad, died here to
day. He retired two years ago after
40 years continuous service with the
company.
Income Shares
Maryland fund, bid, 117.74; asked
10 ID.
Qusrterly income stasias, bid II.
ipked II 61,
TAKE AUTO FROM
TELEPHONE GIRL
AT POINLOF GUN
One Man Captured While
Attempting Steal Bakery
Truck for Getaway All
Convicted for Long Terms
WALL A WALLA, Wash.. Deo.
9 (AP) Four of the eight con
victs who escaped from state
prison early tcwlnr by burrow
ing timlcr the walls were recap
tured at Page, northwest of here
on the Columbia river. Warden
James AT. McCauley announced
this afternoon. One had been re
cnpttired earlier.
Those captured were T. R.
Tohnwin, flerntrt Purnlng, Rlch
arrt Thompson and Clarence
Miles.
WALLA WALLA. Dec. S. (AP)
Seven long-term prisoners were being
hunted over southeastern Washington '
today after making good an escape
from the new cell block of the state
prison by tunneling, between 0 and 7
this morning.
They stole two automobiles, one
bearing an Oregon license. Mrs. Pearl
Rust, telephone operator, from whom
one auto was taken, said she was con
fronted witb. a pistol In the hands f
one convict.
Eight men went out through the
tunnel, but Henry Rule, who at
tempted to steal a bakery truck from
Ocorgo 'O'Neill, driver, was overpow-'
orod and taken to the city Jail by
O'Neill and a companion who rushed
to his aid.
Find Fingerprints
Fingerprints, said to be those of
Gerald Durning. habitual criminal
from King county, were found in a
local garage where one other automo
bile was stolen.
The escapes were:
Richard "Shotgun" Thompson,
serving 8 to 12 years for robbery In
Seattle.
T. H. "Ttinn Tubby" Johnson, serv
ing 35 to 40 years for robbing the
Greenwood bank, Seattle.
Clarence Mile, doing 10 to 30 yeare
for robbing a Spokane drug house of
narcotics.
. Gerald Durning. serving 15 to 35
years on a habitual criminal convic
tion In Seattle.
John Weaver and Harvey Scott,
serving 7 to IS years for an oil station
holdup at Spokane and convicted of a
bank robbery In Lincoln county also.
Herbert Jackson, serving 15 years
on three counts of robbery at Spo
kane. Henry Rule, serving 7 to 20 yeare
for robbery from Seattle. t
fly Paul Mallon
(Copyright. 193S, by Paul Mallon)
WASHINOTON, Dee. 8. AAA-ers
seem to have discovered a smsll pis
la harder to catch than a large hog.
ea peel ally It
greased. They
also appear will.
Ing to agree a
little potato Is
harder to handle
than a big one,
particularly If
hot.
s:
S' j reasoning
VV I seems to furnish
I a complete back
ground explana
tion for the re
run. MALLON cent decision
dropping little potatoes (producer,
of fifty bushels a year and less) from
the solanum tuberosum movement.
The decision has come as a result
of experience.
If you only knew the Inside en
forcement troubles of the AAA pig
chssers slone. you would realise why
they do not want to try catching
small potstoes. Vou will never lesrn
about It from Washington becausa
thla topic Is considered taboo by of
ficial government dispensers of in
formation. But It will form more than cm
thrilling chapter In AAA history
when the boys behind the boys be
hind the plow start telling all.
A faint grasp of the scope of their
difficulty may be gained from th
$...-. J. fay f
f