rrcPFfmn mail TRrBUXR medford, oreoon. Thursday. September an. inr,7.
paoe thr.ee
F
Judge Wimberly Dismisses
Injunction of Operator
Conflict of Authority Is
Cited in Roseburg Opinion
America To Fight
In Defense Only
Says Legion Head
PLYMOUTH, England. Spt. 3U
(AP) Commander Daniel Do
herty of the American Legion, ar
riving here today aboard the
Washington, declared Americana in
the future would light only in
defense of their homeland.
"War is futile." the newly-elected
commander asserted. "Million
of lives were thrown awuy In the
last war for nothing, because no
one gain by war and the misery
of that war still remains."
The Washington brought 67b
Lfglonnatrps to Plymouth.
ROSEBURG, Ore., Sept. 30. (AP)
Holding the Oregon 1935 pinball
license law "void for uncertainty, '
Circuit Judge Carl E. Wimberly re
verted to the state gambling statutes
and declared operation of pinball
games Illegal, in an opinion handed
down here today.
Acconrpanylng the opinion was an
order dismissing the Injunction sun
of Earl Bush, Douglas county pin
ball operator, and lifting the re
straining order against the Dan
placed by District Attorney J. V.
Long upon the machines August IS.
The opinion of Judge Wimberly
attacks the validity of the 1935 law,
which permits municipalities and
counties to license or prohibit pin
ball games, from a different angle
than heretofore considered, holding
that the statute is so uncertain that
Its meaning and application cannot
be determined. I
Conflict of Authority. I
"So far as the wording of the act
Is concerned, a municipal corpora-!
tlon might license pinball games and
at the same time the county m
which the city is located might pro-.
feiblt their operation; or. on the
Cher hand, the county might license
such games throughout the whole
aounty. including the municipal cor
porations therein, and at the same
time such municipalities might pro
hibit their operation.
"It will. thus, be seen that there
might easily be a conflict of author
Ity. There is nothing in this statute
from which it might be determined
whether the acts of the counties or
the cities would control; and, so
far as I have been able to discover,
there is no rule of statutory con
struction for the determination of
that question. For these reasons, it
Is my opinion that chapter 369 is
void for uncertainty."
Lottery Law Unquestioned.
There is no question as to the
validity of the state lottery or gam
bling statute, the court holds In de
claring that if the contention oi
the plaintiff operator is true that
pinball games are not a violation ot
these statutes, "he has an adequate
remedy at law and equity would not
have Jurisdiction to interfere by in
junction or otherwise."
Citing court decisions given on
"beano" games and. particularly, the
opinion of Mr. Justice McBrtde, Judge
Wimberly says in his opinion "there
" is no real distinction, from a legal
standpoint, between 'beano' and
pinball game."
"The evil effect of the operation
of pinball games has come to the
attention of this court through the
necessity of sentencing a man wltn
a previous criminal record to a term
In the penitentiary for stealing money
from his employer and using tne
same In playing pinball machines.
Judge Wimberly says in concluding
his opinion.
Carl E. Wimberly, holding the gam
ing devices Illegal. Sheriff Percy
Webb this morning set the deadline
for midnight Saturday. October a.
Notification is being given that any
boards found in operation after that
time will be confiscated and ope
rators arrested.
Brownsboro
BLACK TO ANSWER
CRITICS IN RADIO
TALK TONATION
(Continued from Page One.)
made his decision without presiden
tial knowledge of his intentions.
The newly-named Jurist and hU
wife enent last night at the home of
Mrs. Black's brother-in-law and sis
ter. Mr. and Mrs. Clifford Durr, near
suburban Alexandria, Va.
This morning Black was up early
and left the residence. Friends In
dicated he might visit hts office In
the supreme court building during
the day.
To Bench Monday
There appeared to be no question
that the Justice would take his seat
on the bench Monday when the court
resumes after a summer recess.
speak over the radio was made by
Kenneth H. Berkley, general manager
of the Washington offices of the
broadcasting company after the lat
ter had talked with Durr.
Later It was announced that the
address also would be carried over
the Columbia Broadcasting system
and the Mutual Broadcasting net
work. Upon his arrival yesterday. Black
declined to answer a specific ques
tion as to whether he was or had
iwn a member of the klan.
KANSAS CITY, Sept. 30. The
American Bar association today def
initely killed an Investigation of the
appointment of Justice Black but. In
a heated debate, directed further
study of a proposed condemation of
membership in "secret, oath bound"
organtfatlons as Incompatible with
the position of supreme court Justice.
The assembly of the association, al
most evenly divided. Instructed the
resolutions committee to make a Joint
study of the secret order resolution
nnd of a suggestion, made by Leu
lng Rosenthal of Chicago, that the
bar nssoclatlon go on record favoring
mandatory public hearings In the
senate on all further supreme court
nominations.
The American Association of Uni
versity Women has 730 branches.
Phone 643 We'll haul away youi
refuse City Sanitary Service
PLANS STARTED
A meeting of the executive commit
tee of Med ford post No. 15 of the
Amerlcnn Legion was heia at the Ho
tel Medford Tuesday ntaht to discuss
plans for the annual Armistice Day
celebration to be held here Nov. 11.
Gain Robinson, who has been
named general chairman for the 1937
obRcrvance of this important patriot
ic holiday, met with the committee
and much progress was reported.
From present Indications this year's
program will be the best in years and
all veterans and citizens of southern
Oregon are Invited to plan now to
be In Medford as guests of the Amer
ican Legion. Nov. 11.
DRIVER ARRESTED IN
THREE-WAY SMASHUP
Louis Walch, 28. of Mollala, Ore.,
posted 25 bail last night In Ash
land city police court after being ar
rested for reckless driving which re
sulted In a three-auto wreck near the
mil road undercrosslng a short dis
tance north of Ashland. He was
scheduled to appear this afternoon.
According to police reports, Walch.
driving south, sldeswlped a cattle
truck operated by Kenneth D. Veilex
of Grants Pnwi, caromed off the truck
and smashed Into a machine driven
by L. O. Rogers of Medford. The Vei
lex and Rogers machines were both
badly damaged. Nobodv was Injured.
Medicated
Douche Powder
tot tmmtnin hygltnm
gAMliMlHJ.Hr.U.'lUMin
insist on Delicious Orade 4
LAST RIVER
BUTTER & MILK
Mnntirarturert in Medford
BROWNSBORO. Sept. 30. Spl.)
Mrs. Blanche Waltsgott of Pasadena.
Cal., Is a guest of her daughter, Mrs.
B. H. Puller.
Mrs. Paul Jones and children of
Sams Valley are spending a few days
with Mrs. Jones' parents, Mr. and
Mrs. Jesse Glass.
Charley brothers weighed some fine
cattle at the Emmerlck ranch last
Sunday.
Howard Johnson has erected a silo
on his ranch and Is now busy filling
it. Nearly all of the silos in this
vicinity are now filled.
Theo. Glass and Fted Hesselgrave
were callers at the Glass home Sun
day. They were on their way to
Klamath Falls.
Mrs. A. J. Johnson and son Bren
non of Merrill were guests at the
Craig home Sunday. Chas. Craig of
Medford also visited with his parents
Sunday.
Mrs. Reames. who has been visiting
with her daughter, Mrs. Emmerlck.
left for her home in Portland Satur
day. Mr. and Mrs. E. E. Tucker and
children of Merrill and Mr. and Mrs.
Will Morris of Central Point visited
Sunday with their parents, Mr. and
Mrs. Ed Tucker.
W. M. Hansen. Gerald Hansen and
J. D. Henry spent Sunday fishing on
Rogue river.
ROSEBURG. Ore., Sept. 30 ( AP)
Instructed by District Attorney J. V.
Long to halt operation of pinball ma
chine In Douglas county, as a re
suit of the ruling by Circuit Judge
Mlllworker Killed.
VANCOUVER. Wash.. Sept. 30. &)
Benjamin Medley. 65, employe of the
Dubois-Matlock sawmill, was killed
yesterday when his clothing caught
in a timber machine.
HELP
KIDNEYS PASS
3 LBS. A DAY
Doctors y your Iridneyi contain 15 mile
of tiny tuba or filter which help to purify tht
blood and keep you healthy. Moot people put
shout 3 pint a day or about 3 pounds of wute.
Frequent or ecanty p&uiges with martini
ind burning tbowa there may tM aomethics
wrong with your kidney or bladder.
An excess of aeida or poison in your blood,
when due to functional kidney disorder, may
be the cauae of nagging backache, rheumatte
peine, lumbago, leg paina, lost of pep end en
fgy, getting up nights, i welling, puffin
under tne eye, headaches and dizsinesa.
Don't wait I Aak your druggist for Doan't
Pills, used successfully by million for over 40
rears. They give happy relief and will help the
5 miles of kidney tubes flush out pnUonoul
vast from vour blood. Get Doan'e Pills.
15
1S1
IMPORTED and DOMESTIC
BULBS
Now In Stock
Make your selections from the
most complete stock in south-
em Oregon.
DAFFODILS
NARCISSUS
TULIPS
JONQUILS
FREESIAS
ANEMONE
RANUNCULUS
CROCUS
SNOW FLAKES
MUSCARI
SCILLAS, etc.
Opening Specials
35c
DARWIN "tv rolor-
XI II IDC '"' n,,x'""'
1 ULilr O per Anrtn
DAFFODIL
NARCISSI
MIXTURE
Thli mixture eon
tnln rarlpflfi that
retail regularly for
n murh a SI. V
doyen
SPECIAL
40c
DOZEN
Plant Bulbs Early For Best Results
This Fall! YOU CAN MAKE MORE FRIENDS
THAN EVER WITH tm-m
VISIT OUR
NEW LOUNGE
cool and comfortable on our
mezzanine floor ti at your
disposal! Rest here while
shopping In Medford. Arrange
to meet your friends at this
delightful spot ... It Is Just
another new M. M. service to
southern Oregon people I
Tn4 Kara slec U. 8. Pat. KC
- Vsei. ' -
Smart New
FALL MILLINERY
Dozens of new Fall hats arrived this week. All the
newest shapes: all the newest shades; In fireen,
Rut.t, Dubunnette, Navy, .Black, Broun, and Grey;
all head sizes. See them I his week end. Priced at
$198 $298 $395 to $595
Ladies' DRESSES
We are now showing the famous line of
Madam Renault! dresses. We consider our
store very fortunate in securing this out
standing line of high grade dresses. We
have them in regular and. half sizes. New
shipment of sepaoa crepe and spot proof
Chenney velvets
PRICED AT
$1675
AND
$1995
JUNIOR
DRESSES
Made by "May Fair"
For the girl that wears sizes 18 to 17. For rlever styles;
style that are outstanding; for styles that you won't we
In other lines. We want you to see the new "MAY FA Hi
drestes.
7t
COATS
FAMED FOR
STYLE! FIT! FINISH!
THERE ARE MANY
REASONS WHY
1
YOU'LL WANT A
MARY-1 AN E
COAT
famed for Style Fit Finish
New distinctive styles, featuring the most interesting
fashion trends for winter.
Warm, glorious colors, fascinating new fabrics Hair
Fleeces with Zibcline finish, Stcrzelbach Tweed Mixtures,
Boucles. Krimlam, genuine Hudson Seal Plush, etc.
Say, youthful sport coats, superbly tailored, slim-lined
dressy types, many complemented with carefully chosen
furg . . . serviceable coats for general wear.i
Excellent tailoring in every garment, all fabrics texur
ized. many guaranteed linings . . . superior workmanship
throughout.
it.
r
Siren 13-20
Colors: Ore;, Blue,
Luggage
Pebric: 81lTr-
steln'e Chevron
Fleece
Lining: Oxford
Twill
EVERYTHING TO BE WANTED IN A COAT,
At Prices To Please The Most Conservative Budget
$16.50'to $54.50
Priced At
Only
$14.95
LOWER PRICED
DRESSES
Now showing teveril hundred Terj lorelf new loner prlid
dreM In prlee rennet to ult erery pure. Lei in thow
you tihet lorelT itrlM yon cm now buy. Priced t
$2.98 $3.95
$4.95 and $7.95
AN UNUSUAL OFFERING
OF A.
ORRANe-
Perfect Fitting Underthings
A iptdally planned mJ featuring th limou
DEB-O-RAY fabric. Tailored and Uc trim
tylM. Th. Lorraine label imuim perfect 111
fforkaunihlp and wear.
STEP-INS if I
BRIEFS U
h k it. -f A
esas& KQJ -fek
1 oy - rT
When You Want Values in Dry Goods Be Sure to Visit
the M. M. Department Store Dry Goods Dept!
Here la One Of The Many Every Day Values You Find Here
72x99 Piquot Sheets $1.39
72x108 Piquot Sheett $1.49
81x99 Piquot Sheets $1.49
81x108 Piquot Sheet $1.59
42x36 Piquot Cases 39c
45x36 Piquot Cases 45c
THE
Fascinator!
1
9
$245
sketched from stock.
Ask to nee style 3B0.
You'll never know how attractive your feet can look
until you slip them into these stunning high-cut
pumps. With their wing-like sheath soaring up the
natep. they're hoes that tnke the spotlight wherever
you go. Perfect with the new lower necklines and
jhortor skirts,
They're of rich, soft suede on a flattering high heel,
'nit mide-to-order for a shoe allowance.
10 Other Outstand
ing Styles Priced
at
$2
45
MONARCH
SEED & FEED CO.
Cor. 6th and Bartlett
I Our Iwll
Ruth
rihrf
rr I nrclng
ly vioro
In All tour
(iLlh Hanttnt"
220 22!! EAST MAIN STPEET