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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 26, 1938)
The Weather Forecast Showers tonight and Thurs day, slightly warmer tonight, cooler Thursday, . Temperature Highest yesterday- , . .72 Lowest this morning.... tt Turn the Trick If there It demand for tny- thing you hire for Ml, let the I Medford Tribune classified In this newipeper turn the trick. The cost will be mill compared to result obtained. There U no time Ilk the pre tent. Full Associated Press Full United Press Thirty-Third Year MEDFORD, OREGON, "WEDNESDAY, OCTOBER 26, 1938. No. 186. OMMl crann at m ik U The Capital Parade By Joseph Alsop and Robert Kintner Copyright, 1937, by The North American News paper Alliance, Ino. RUMORS CONFLICT OS SCrREME COI.RT VACANCY . FRANKFURTER REGARDED OUTSTANDING CANDIDATE ... HIS NEW BOOK PRESENTS IDEAL OF HIGH JURIST ... VOLUME INTERPRETS OPINIONS OF HOLMES WASHINGTON, Oct. 26. As the time of decision draws nearer, the rumors about the president's forth coming supreme court appointment constantly Increase. If all of them should come true, the president would have to name a whole bench ful of Justices, most of them bad. It Is said that he Is deeply Im pressed with the sectional argument of the organization Democrats, and will therefore choose a westerner. It Is said that he shares the view of certain left-wing extremists that the court Is a constitutional super fluity which ought to be discredited, snd will therefore make some such discreditable choice asSenator Sher man Mlnton of Indiana. It Is aald (and very ridiculously, unless the president and the New York gov ernor have concealed unsuspected vulgarities) that part of the deal by which Herbert H. Lehman Is running for reelection Is the nomination of his brother,"" Judge ) Irving ' Lehman, to the high bench. . . The truth Is that no one on earth but the president himself knows who will get the great office, and prob ably he has not made up his mind. Meanwhile, In spite of the foolish pleading of certain timorous Jews that his nomination will provoke antl-semltlsm. Professor Fell Frank furter remains the outstanding can didate. He has, on his side, out standing fitness, great personal dis tinction, a splendid record of achieve ment and the warm support both of the White House circle and hundreds of the most Influential conservatives In the country. Under the circumstances, therefore, It Is news that Frankfurter has sum med up his Ideal of a Justice of the supreme court in three para vrapha of beautifully lucid prose. These para graphs, which should find a permanent place In the library of American historical writing, form the peroration of his new book, "Mr. Justice Holmes and the 8upreme Court." They are the fitting close of an exposition of the supreme court's place, powers and functions more lucid snd acute than our generation Is likely to see again. They follow; (Continued on Page rwo.) Avert Abandoning . Street Car Lines PORTLAND. Oct. 36. (AP) The Streetcar union's approval of a wage patronage proposal averted the Port land Traction company's retrench ment plan to abandon Interurban lines to Oregon City and Gresham. Interurban employes agreed to continue tinder a wage scale In ef fect prior to October 1 and oanvnss the districts to stimulate 'use of the trolley service. The length of the trial program was not announced. SIDE GLANCES by TRIBUNE REPORTERS Chsrlea Watson popping over a buck with a .38 automatic Colt, he refusing to hunt with anything but a pistol, which he uses with his left hand, and to good effect too. Mrs. O. A. Robblns not being sur prised to hear her husband got lost In the woods, that being an old family custom, she recalling when aha and he were once lost together on a hunting trip. Raymond Driver starting out for a day In the htlls to take pictures, armed with his camera and luncheon securely enclosed In a huge pall, he recalling the last time he went picture-taking he forgot to put films in hi camera and had no lunch. Maude Codding Informing a gath ering of fern golfers that sandwiches were not enough food, she Insisting sereral should bring pies, too. Ann Fuson looking like a well blown cyclone with an impromptu up-nng hair-do. she appireutly pcr- ,20 F BY FATHER'S- GUN Second Tragedy for County ( Comes As Season Ends j Victim Absolves Father i in Pre-Death Explanation Mistaken for a deer and acciden tally shot by his father Just two hours before the season closed yes terday, Harry Sylvester Gallup, 30, of the Old Stage road, died In Com munity hospital at 6:14 a, m. today despite all efforts to save his life. The young man, only son of Mr. and Mrs. John Robert Gallup of the Old Stage road, was shot through the stomach by his 50-year old father whllo they were hunting In the brushy and timbered area three miles north of the Greensprlngs highway and between the Johnson Prairie and Moon Prairie roads In the Siskiyou mountains. The tragedy occurred at 3 p. m. yesterday, death coming 15 hours later. Also In the hunting party were John Nledermeyer and his nephew. Don Nledermeyer, both of the Old Stage road. County Coroner Frank Perl aald today that an Inquest was pending, but that It wouldn't be held before Friday as District Attorney Frank J. Newman will be out of town tomor row. Boy Assumes Blame Young Gallup, before his death, assumed all the blame for the tragic accident. City Policeman Clyde Flcht ner, who talked with the fatally In jured youth after he had been car ried from the mountains on an Im provised stretcher preparatory to be- injf .rushed to the hospital, quoted him as explaining that his father had told him to remain In a certain place, but that he hadn't done so. Instead. Plchtner quoted the Gallup boy as saying, he continued on a few ysrdr. then Jumped on a fallen log and waved his gun. It was then ! thst his father fired, Flcntner said the youth told him. So grlef-strlcken was the father afterwards that he was unable to give a coherent explanation of the accident. other"thsn that he mistook his son for a deer, and fired, state police said. Hit In Stoniarh The bullet, fired from a 32-20 cal ibre rifle, struck the youth In the stomach near the last lower rib on the left side. It perforated the stom ach, a bowel, several large blood ve sels, the left lung, and came to rest Just under the skin on the baek. (Continued on Page Two.) OF ATI tONDON. Oct. 28 David. Lloyd George declared today that In mak ing the Munich accord "we handed over a little democratic state In central Europe wrapped in the Union Jack and the Tricolor to a ruthless dictator who will deny freedom to both Ceechs and Germans alike." It was the first speech of the war time prime minister of Great Britain since the Munich pact saved Europe's pence at the price of Cwchoslovakla's dUmemberment. The veteran statesman, one of the authors of the postwar settlement which created Czechoslovakia, spoke at the City temple to the London Free Church Federation club. His address was broadcast to the United States, Referring to the wars In China. Ethiopia and Spain and the par titioning of Czechoslovakia, Lloyd George said: "We have descended during these years the ladder of dishonor rung by rung. Are we going can we go any lower? At an adjourned meeting late yes terday afternoon the city council adopted a resolution approving plans and specifications for Medford'a PWA paved street reconstruction project. After the meeting Frank H. Rogers, assistant city superintendent, left by motorcar for Portland to present the plana and sped f lea Hons to the PWA regional office for approval or amendment. The council will meet again at city hall at 7:30 p. m. Friday to open bids on the bond issue that will h-lp to finance the reconstructs COUNCIL APPROVES PAVING PROGRAM Condemned Youth Ready For Entry Lethal Gas Room SALEM, Oct. 38 P It doesn't make t bit of difference to Leroy Hershell McCarthy whether he dies In the state's new lethal gas chamber. A a matter of fact, McCarthy told guards today that the sooner it Is over the better it would suit him. ' McCarthy killed Floyd Fuelner Aug. 10, 1937, In the holdup of a service station In Portland In which Fuelner was an attendant. "I'm getting tired of sitting In a oell," McCarthy said today, "and when they gas me, I won't have to alt any more, I was pleased when I heard the supreme court upheld my oonvlctlon, because that means It will be over soon." GIRL BADLY MAULED BY HUGE BEAR AFTER TUMBLING INTO PIT CLEVELAND, .Oct. 26. A 31 year old art student. Miss Julia Zemlck, fell Into a polar bear's pit at Brookslde zoo today and suffered a severe mauling, threatening her life, before keepers clubbed off the bear and pulled her from the pit. Miss Zemlck. a WPA art project worker, had been sketching at the top of the bear's enclosure. At City hospital her condition was described as "poor." She fell 25 feet, and apparently was knocked unconscious aa she hit the bottom of the pit. The big polar bear, named "Sliver," let out a roar as she crashed through the netting atop the pit, and then lunged at the girl. Attracted by the commotion, Curley Wilson, soo superintendent, began Jabbing at the animal with a long pole as it dragged Miss Zemlcb toward a cave In the back of the cage. Meanwhile, twd other attendants entered an adjoining cage, knotted a rope around the girl's leg. and pulled her away from the animal. Her clothes were torn to shreds and her head, neck and legs deeply lacerated. 4 LOS ANGELES, Oct. 26. (AP) Martin Snyder, former husband of radio singer Ruth Ettlng, pleaded In nocent today to charges of shooting her present mate, Myrl Anderson. 30-year-old radio music arranger, at Miss Etting's home October 18. Snyder's trial on charges of at tempted murder, kidnaping and vio lation of -a state firearms law was set for December 8. Defense Attorney Jerry Giesler made no request for reduction In Snyder's 50,000 bail and Snyder was returned to his county Jail cell. Liner's Crew Subdues Fire During Atlantic Storm Mm Following radio rail, hlrh won two-hour light to control NF.VT YORK. Oct. 28. (At1) Fire aboard ship In perilous, rale-w hipped seas of the north Atlantic remained a nightmarish memory today to Ml passengers and lift? crew members oh Ihe hetitsrhlnnd as Ihe Herman llnrr headed for New York with her Inside, rharred hy flames. An elertrlfilng "OS" flashed through the air early last night when fire broke out In the ship's No. I hold, after an. esploslon of unci plained nature. "Assistance necessary urgently," crackled over the radio wavea. Then "Plre In room (hold) No. 1." A "quiet period" was quickly order ed on the seas and observed by ships fsr and near. .... Ships' wirelesses closed transmit. tai fit mw Ma tef a Uw APPLEGATE BLAZEIPirectoNewUw HOLDS DANGER AS WIND RAKES AREA CCC Men Dispatched From Applegate Camp to Bat tle Fire Near Pennsylvania Mine Forest Very Dry Twenty men were dispatched from the Applegate CCC camp early this afternoon as a report was received of a fire In the Applegate district of the Rogue River national forest between the Pennsylvania mine and Perk guard station across the Cali fornia line. Extent of the fire could not be ascertained immediately, but the situation was potentially dangerous as the forest cover waa dry and a high wind was blowing, headquarters here were notified by lookouts. The crew sent to the fire was in charge of Albert Young, protective assist ant at the Star ranger station. The fire was reported by the Dutchman peak lookout and. a lit tle later by a man at the Pennsyl vania mine. y Two huntera reported to Ashland police this afternoon that a forest fire covering about an acre was burning on Crane Prairie. The forest service dispatched a guard from Ptnehurst.'The hunters were quoted as saying they saw the fire as they emerged from the Hyatt lake country. ROSEBURG, Ore., Oct. 26. f AP) Two forest fires, the largest 30 acres In area, were reported In the south Umpqua district today by the local headquarters of the Umpqua na tional forest. Both fires, presumably started by careless hunters, were said to be under control.,. ASK 'OLD ICKES' PORTLAND, Oct. 20. (AP) Ore gon citizens seeking advice on how to vote will have to consult "old Ickes" Interior Secretary Harold L. Ickes and not Oovernor Charles H. Martin, the fiery governor declared In a speech last night. 'Two weeks from tonight I'll say all you want to hear about politics," Martin Hold the Columbia Empire In dustries, Inc. "Far be it from me to tell you how to vote. I leave that to old Ickes. Ickes. In a speech at Bonneville dam Monday, Indirectly assailed Charles A.'Sprague, Republican can didate for governor. Governor Martin, beaten for re election In the Democratic primaries by Henry Hess, whom Ickes favored, Introduced Senator Edward R. Burke, Neb., who assailed the national labor relations act. n sent other ships In Ihe vicinity srurrjlnn lo her aid early la.t night, the crew of the Herman liner DeulsrhlanA flames which menaced the ship as It rolled In stormy seas too miles off Cape flare. (A. P. photo.) position 300 miles southeast of Cspe Race, Newfoundland, where the flame-periled Deutachland was roll ing in the seas. , "Danger help necessary." said the frantic, repeated calls from the Oer msn liner. Its location was broadcast time after time, and ahlps within range turned about, surging off course In a mad raos to help. After winning a 3-hour battle with the flame. Captain Karl stelnecke. master of the lll-stsrred veteran of four other mishaps at sea, radioed to the New York office of the Asso ciated Press at 1:38 p. m., BAT.: "Plre under control!" Most psssengers retired in the early morning hour, to salt but troubled iltabtra, Elmer F. Andrews, wage-hour ad ministrator, ts shown as the new law regulating hours and wages of thousands of employes went Into effect. "Enforcement Is in the hands of businessmen and their employes," he sold. "They arc the ones who will make the law work not an army of Inspectors from Washington." (AP Photo.) LABOR ACT DIRECTOR A - NEW YORK, Oct. 116. (AP) Elmer F. Andrews, wage -hour admlnls trawr.r told the cotton textile Institute to day reports from all over the country regarding inauguration of the fair labor standards act "encourage us to believe the operation has been a success." Speaking from the "vantage point of two and a half days," the admin istrator reported "unpleasant repur cusslona" bad occurred Chly In scat tered Instances and a 'minimum, of Industrial dislocations resulted. These, he asserted, should disappear soon. ''It Is unfortunate," he added, "anyone should lose his Job because of this law but, as every surgeon knows, there are few operations in which the patient does not lose some blood. "The reports which we have from all over the country encourage us to believe the operation has been a success and that the patient will from now on ahow permanent Im provement. 4 tttinrd Price Boo-ts WASHINGTON. Oct. 20. (AP) Secretary Roper warned business to day against premature price boosts which he said might choke off the recovery movement. Captain fitelncke said not a single passenger was Injured. The middle-sired 15-year old ship, pride of the post-war German re public when It was launched with great Isnfsre by the then President Ebert, left Hamburg Isst Thursrlsy and wss due In New York nest Fri day. It Is of 31.044 tons and la slmller to three other ships built by the Hemburg American for the trans-At-lantle service the Hsnsa, the New York and the Hamburg. The southeasterly gale and nun sweeping the Newfoundland banks Increased the Deutschland's peril while the fire waa raging In the hold. faMeoyera wart tt tUpjur, dancing GERMAN PAPERS STIR NEW ANGER I Alleged Attack Upon Five Germans by Fifty Jews in Antwerp Cited in Ap peal for Additional Curb BERLIN, Oct. 26. (AP) The Ger man press carried reports today 00 Jews had Attacked five German pas sengers of the liner Cordilleras yes terday as they walked through the streets of Antwerp, and warned "Ger many is strong enough and deter mined under all circumstances to protect her nationals." "The consequences may prove most undesirable and disagreeable to Jew dom." the press warned, carrying the dispatches under such headlines as "Fifty Against Five" and "Jewish Rowdyism In Antwerp." Hint TO Belgium One nasi party organ Westphael lsche Landea Zeitung of Dortmund even Intimated German-Bellgan rela tions might be disturbed unless "these dangerous . elements" are curbed. These developments came as the weekly organ of the nasi black shlrted S3 guards attacked the Ro man Catholic and Protestant Con feeslonal Synod churches for their alleged unpatriotic attitude in the German -Czechoslovak crisis and de clared Jews in Germany and Italy were "hostages. The paper. Das Schwarze Korps, said "Jews living In Germany and Italy are hostogea given Into our handa by fate so we may defend our selves In the most effective manner against attacks by world Jewry.' No Compassion "This assertion matMem rather' severe,' the paper continued, "to those who In their soft sentimental ity always are at hand with a slogan about the 'Innocent Jew.' "Whoever envisages In all Its ram ifications the Incitement to war which world Jewry has unloosed upon us along a broad front and whoever recognizes the true intentions of these world criminals would be a fool Indeed if In the face of such a threat he permitted anything like compas sion to surge within him. GIBSON'S ASHES TO BE CAST INTO ROGUE GRANTS PASO, Oct. 38 JPy The ashes of V7. B. "Rainbow" Olbson. widely-known fishing lodge host, will return to Rogue river. His widow, some time after funeral servloes to day, will cast his ashes in Pierce riffle, his best-lbved fishing spot. Olbson died or . heart attack Sunday. or In the cocktail lounges when the dresd cry of "fire I" swept the ship. First efforts to confine the blase apparently were futile but flames did not dlssblc the radio. Finally quelling the Immediate danger, Captain fitelncke and hia radio operator set to the tssk of turning back all but three of the ships racing to help. American passengers aboard the vessel Included Thomas O- Smith, at tached to the American legation at Copenhagen: tdward A. Gardiner and family of Bryn Mswr, Pa.: Mr. and Mrs. Karl Schaefer of Ban pranclsco; Sarah Elisabeth Pepper, 34, daughter of a Philadelphia attorney and Elis abeth A. Csrnnna. art dlreolor of the Presbyterian publications In Philadelphia. Jj Pear Markets NEW YORK. Oct. 3. (AP-USDA) Prars: 7 cars arrived, a California. 13 Oregon, 1 New York. 4 Washing ton unloaded, 71 on track; Oregon Boao 0035 No. 1, ei.B5ift3.30, average 3.11; Anjoua 730 extra fancy (3.16 . 80, average S2.27: 730 fancy tl.65 3.30, average $1.03. CHICAGO, Oct. 38. (AP-TJ8DA) Pears: 1 Oregon, 8 Washington, 8 on track, Oregon Bartletta 337 No. 1, 83.03i3.35. average 83.18: Bosc 744 No. 1, 81.70a3.05, average 81.68. UNI CREEK ARREST MAY SOLVE SERIES OF THEFTS NEAR PROSPECT William M. Carroll, a cook in the blister rust camp in the Union Creek district, was arrested Tuesday night and lodged In the county Jail charged with theft of 00 gallons of gasoline and five gallons of oil, belonging to Elton V. Jackson, a logging operator. Carroll was arrested by Deputy Sher iff William Grenbemer and Deputy Sheriff Dewey Hill of Prospect. , According to Deputy Grenbemer, a cache of cana full of gasoline was located Tuesday In the brush near Union Creek, when the glint of sun shine on the cans attracted atten tion of the officers. They stood guard oyer the cache. After a watch of several hours. Carroll appeared and was questioned by Deputy Grenbemer. Later he was placed under arrest. According to the authorities, a piece of hose was found in Carroll's car. Carroll Is being questioned rela tive to a number of thefts In the Prospect-Union Creek dlstriot the past six months. He waa scheduled to be arraigned In Justice court to day. 4 FAILS IN EFFORT TO KEEP EVIDENCE OUT NEW YORK, Oct. 38. (API Counsel for red-haired Johanna Hof mann, 38, alleged courier of Ger msn spy ring In this country, today finished cross-examination of the government's key witness, Quenther Gustav Rumrlch. The defense lawyer, Oeorge o. Dlx, vainly moved for the suppression of evidence taken by federal agents from Prauletn Hofmann'a stateroom aboard the North American Lloyd liner Bur opa, where she was employed as a hairdresser at the time of her arrest last February. Federal Judge John O. Knox also denied Dlx' motion to suppress an alleged "confession" given to Leon O. Turrou, former FB I. agent, who helped break the case, v Dlx charged the statement was wrung from th German girl by "duress." It waa Rumrlch' eighth day uh tha witness stand, testifying against Miss Hofmsnn and her two co-de-fendsnts, Erich Glsser, 38, former O. S. army private, and Otto Hermann Voss, 88, an airplane mechanic, ac cused of steeling plans of a new army pursuit plane. IN HUBER CASE Pearl Rlioades Brenner we In dicted In true bills returned Tuesday by the grand Jury, William A. Gate foreman. She 1 charged with assault with a dangerous weapon and sched uled to be arraigned this afternoon. A second true bill wss returned by the grand Jury, but waa withheld pending arrest of the Indicted per son. The Indictment of Mrs. Brenner grew out of 8 street dispute between Olen Huber, and hla former wife, during which the Indicted woman I alleged to have hit the former Mrs, Huber over the hesd with a stove poker. The Incident occurred on North Orape street, Huber, chsrged with sasault and battery for the same claah, waa fined 860 and cost In Justice court. , Bluenoae Retains Fishermen's Cup ABOARD GERTRUDE U TUB- BAUD, off Boston, (via radio tele phone), Oct. 38. (AP) Capt. Angus Walter big Canadian salt banker Bluenoso retained the Intentional Fishermen's trophy by taking today's deciding race from the American challenger, the schooner Oertrude U Thebaud, Bluenose finished the SIVi mil triangular course at 1:04:11 n. if.?-' IN DIES REPLY TO Fl President Wholly Misin formed On House Com mittee Investigation Un American Activities Claim SAN FRANCISCO, Oct. 26.- (AP) Sheridan Downey, Democratic sena torial nominee, today charged the statement before a house Investigat ing committee Unking him to com munistic principles was "unequivo cally false and deliberately glvem out at this time for campaign pur poses." The statement was made shortly after Harper Knowles. California American Legion Investigator, had told the committee Downey and the other Democratic candidates for hlgfc office in this state were connected In one way or another with com munistic Ideas. j WASHINGTON, Oct. 38. (AP) Chairman Dies (D., Tex.) of a housa- committee investigating un-Amerlea activities said today cabinet mem bers bad aided In a ''well-planned campaign of misrepresentation, ridi cule and sarcasm" which he said was conducted by persons who hoped to discredit the inquiry. The committee was rebuked by President Roosevelt yesterday for tat ting itself be used in an "unfair and un-American attempt to influence an election." Mr. Roosevelt referred. to testimony critical to Gov. Frank Murphy of Michigan. Dies, at the opening of today's committee hearing, read a formal statement of reply. Would "Use" W. D. . , v t It said when the campaign of criticism against the committee, had failed, and "recoiled upon the heads of those who conceived and en gineered It," the nest more was "exert every conceivable pressure te stifle this Investigation," he added, "When this likewise failed, as a last desperate move, the president was Induced to permit the prestige of hla great office to be used for the purpose of discrediting the In vestigation. y ; "That the president has bee a wholly misinformed ts obvious from his statement. Of course, the presi dent did not hear the testimony and has not read the record. He Is evi dently relying upon reports thst have reached him from prejudiced sources." The committee chairman had aald earlier he would continue to do hla "duty undeterred and unafraid." What specifically aroused Mr. Roosevelt's displeasure was the com mittee's permitting testimony from a Michigan .Republican that Mur phy waa guilty of treasonable action for not handling a sltdown strike at Flint last year more vigorously. Mur phy now l engaged In a re-election campaign. Evidence Upheld The chairman suggested If Mr. Roosevelt doubted the committee's evidence would be acceptable In a court, the chief executive could ap point an experienced lawyer who would serve with one appointed by (Continued on page Two.) STRIKE IS CALLED ON POSTAL TEL CHICAGO. Oct. 38. (AP) Prann B. Powers, president of the APL Com merclal Telegraphers' union, an nounced 1,500 Postal Telegraph ,m. ployea would go on atrlk. at 1 b, m. (POT) today. Powers aald the strike wa In pro test against the company's failure to meet with a union committee to negotiate a 44-hour work week aa provided under the new wag. hour law. SEATTLE, Oct. 36. (AP) A atrlk. ordered at Chicago today .gainst ths Postal Telegraph company will not affect the company In Oregon. Waahe Ington, Montana and north Idaho, 0. T, Hughes, business agent for local TT of the Internationa: Brotherhood of Electrical Worker aald. CZECHS ACCEPT OFFER TO ARBITRATE DISPUTE BUDAPEST. Oct. 38. Wh-Th Hun garian official pre agency today published ' Ceechoslovak not Im which Oerman and Italian arbltre tlon to ettle th territorial dlsputa with Hungary wo accepted Iron Lung Mother Die. PORT WILLIAM, Ont Oct, - (CP) Th 17-year-old girl who week ago gar. birth to a child whll In an Iron lung suffering from In. fantile paralysis, died today, Th tab Hta tooj) ajta blrtb, , . ,