Image provided by: University of Oregon Libraries; Eugene, OR
About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Dec. 13, 1938)
Mr The Weather FORECAST lm-reaMng rloudlneM to night und Wednesday, not murh change in temperature. TEMPERATl'HE Highest eterday ...51 Lowest thli morning 84 Christmas Money Why not pick up some extra Christmas money by selling off articles around the home you no longer need? Let the CI mini fied Ads. help you. These Ada are widely reed and they cost so little. MEDFORD Tribune Full Associated Press Full United Press Thirty-Third Year MEDFORD, OREGON, TUESDAY, DECEMBER 13, 1038. No. 227. Ml rami fo? mm w ae- NB ftJaaveeAssfcsiaw' aajaiBar BE ITS 3UHB The Capital Parade By Joseph Alsop and Robert Kintner Copyright, 1937, by The North American News paper Alliance, Inc. COIRT SEES ABANDONING EXTREME STATES' H1C.I1TS. NEW STAND DISCERNED AS SETBACK FOR NLHB. STEP TOWARD THEORY FEDERAL BI I.E FOR ALL. NEW DEALV.RS lltliE I NI TARY :OYERNMENT. WASHINGTON, Dec. 13. "Unitary government for a unitary economy" was the slogan adopted by Tom Cor coran and Ben Cohen when they wrote the wage-hour law. They mere ly meant a national authority to deal nationally with national economic problems. A long line of supreme court decisions, notably that In the child-labor case of Hammer vs. Da geohart. denied the existence of such national authority. It was the inten tion of the president's twin advisers. In drawing the wage-hour law, to force the high bench to reverse Ham mer vs. Dagenhart or throw oit the new statute. Now It would seem that the jus tices have got In their licks bcfoie being confronted with the handiwork of Messrs. Corcoran and Cohen, a week ago, they were recorded as giv ing Its "first set-back" to the na tional labor relations board. In an opinion by the chief Justice, they reversed an NLRB order, voiding a contract between the Consolidated Edison company of New York and the A. F. of L. Hasty detractors of the bench Jumped to the conclusion that the court waa once more living up to. the celebrated remark of Mr. Dooley. Actually, as one or two shrewd observers have pointed out, the really striking section of the chief Justice's opinion waa a long argument virtu ally destroying the precedent of Ham mer vs. Dagenhart. tl can now be positively said that the court has abandoned the extreme states' rights view. Only Justices McReynqlds and Butler, who dissented In the Consoli dated Edison case, still hold to the ancient theory that, however needful certain legislation may bo, It can be enacted only by the states. A broad Interpretation of the general welfare powers now prevails. (Continued on Page Four.) POR.TI.AJTD. Dec. 15 The Oregon-Washington council of American Federation of Labor lumber untons pledged itself today to a eampalcn to affix Its label on lumber products to protect the industry. "It Is the only thing that will save lumber," said Kenneth Davie, secre tary. "Lumber was traded off by the federal government for the benefit of other American commodities In the Trcent reciprocal treaty with Canada and the United Kingdom. "Carpenters and affiliated workmen In the building trades already have screed to demand the label of our union. Our next move Is to prevail on the operators of camps and mills to use the label." SIDE GLANCES by TRIBUNE REPORTERS All sport and grammar authorities In town, including Ski Hut Expert Harold Lawn, being stumped on the spelling of the present, singular form of the verb ski. some saying skies and others aklis, the MT still seeking an authoritative spelling. Mildred Lltater having a dreadful time finding a purse to meet her specifications. Mayme Durke going a little wt'der than usual at the raw! in feuds. J mnlta Torton being unaware that friend are aware of her birthday tomorrow. Marcla Van Dyke being so enthu siastic about returning to her loved Rc.;ue River valley he la sure that : e wlii p'.ay her vui.n In ship Bi.sTe f.. hton in tomorrow tienln'i con LABOR PLANNING AID FOR LUMBER PLEA OF GUILTY By is. "swim WINDS OP TRIAL Dramatic Development Comes As Mother of Vic tim Urges Against Death Penalty for Aged Woman SEATTLE, Dec. 13. ( AP) A Jury decreed life Imprisonment today for Mary Eleanor Smith. 73, shortly after she pleaded guilty to the first de-gi-ee murder of James Eugene Bas sett, who disappeared here 10 years ago. The Jurora took only 10 minutes to decide against the death penalty. They followed the recommendation of prosecution and defense attorneys and that of Basvtt's widowed mother, Mrs. Marlon Bnssett, An napolis, Md and Society Hill, S. C who took the witness stand and testified she did not want the death penalty Inflicted. The Jury had only two choices life Imprisonment or death. The dramatic, swift, moving de velopments apparently closed the case, one of the northwest'a greatest mysteries. Mrs. Smith, changing her plea suddenly from Innocent to guilty, cried that her staying confession last spring was not made volun tarily and "It was such a terrible thing to my son" and codefendant. Decnsto Earl Mayer. 44. habitual criminal who killed himself Sunday in the county Jail. Just before court convened, the Jury was brought in and Informed, for the first time, of Mayer's death. The Jury was not informed it was a suicide. Jurors cast startled glances at Mayer's vacant chair. Mrs. Smith changed iier ploa to guilty by agreement of counsel after Judge Batchelor rejected a motion for a directed verdict of acquittal. T No marriage licenses have been Is sued by the county clerk's office since December 1, when the new Ore Ron marriage examination law went Into effect, but the divorce fUlt filings and decrees are still brisk, the chief clerk reports. The divorce business is normal, with a half doz en suits and decrees filed. Two or three couples have called at the courthouse the past week to Inquire about the workings of the new law. but the first move rests with the physicians, who fill out the blanks, and make returns to the county clerk. After this Is done, the license Is l.sued. -4- PLACER MINERS GLOOMY IN COLD AND DROUGHT GRANTS PAPS. Dec. 13 Ap) The mercury dropped to 16 degrees this morning. Some gold miners who started up placer operations with the rain sev eral weeks ago were gloomy. It has not rained since then and rivulets In the mountains are frozen dry. Anthony Eden in Capital Denies Official Mission WASHINGTON. Dec. 13. (AP) Anthony Eden, slmlllngly denying he had any offtctal mission In Wash ington, began a two-day visit in the capital today with the assertion he expected to see "numerous officials Informally." These officials included President Roosevelt. His talks were expected to include what he had earlier des cribed as a hope to learn "something of the American outlook on foreign affairs." The dapper ex-secretary for Brit ish foreign affairs refused to discuss reports he might soon re-enter the British cabinet. "X hsdn't seen the reports from London, and wouldn't know about things there. the debonair English man said as he stepped from a train In crisp sunshine which caused Mrs. Eden, who accompanied him, to re mark at tht difference between Washlneton and London meat her in December. "I am here unofficially and have absolutely no mission, Eden said smiling. 'I had always wanted to see Washington and this was the op portunity. Although I expect to see numerous official! lnformaly X have no official business to discuss' Eden's plans for the day called for j) visit to the state department to rm-et, oumner Wel.ei, siting aecra- Chamberlain Voices i Eden, Mrs. Vanderbilt Chat fp" BARES MULI r"W 3v OF MOTOR Anthnny Eden, who spoke out emphatically In New York for the preservation of the democracy wlilc-h "we In England and you in America cherish must," Is shown as he chatted with Mrs. Cornelius Vanderbilt following his address to the National Association or Manufacturers. (A. p. photo.) HEARTSTRINGS RACKET HALTED BY ARREST ON L DENVER. Dec. 13. (UP)A nation-wide "heartstrings" racket end ed here today when federal postof flce authorities arrested Roy B. Bry ant. 52. former convict and relief client, on charges of using the mails to defraud mothera who sought their missing sons. Calling him "the most heartless perpetrator of mail frauds in the country," Postofflce Inspector J. B. Robertson arrested Bryant after the ex-convict fell Into a trap an when the man called for his Colorado re lief checks. Robertson said the man made a full confession. Bryant admitted obtaining the names of his victims from advertise ments In religious and other publi cations. Then he would write nu merous letters to the wonwn. giving long, heart-rending stories of "hard luck" and grief and ask for trans portation "home." Officials said his letter never con tained enough Information about himself to cause suspicion and that they hnd first been steered onto the cae by women who had sent Brysnt money, and had become worried be cause their "son" didn't arrive. ELEVEN HONOR PUPILS AT JACKSONVILLE HIGH JACKSONVILLE, Dee. J3. (Spl.) Eleven Jacksonville hlch school stu- 'dents wre on the honor roll for the last six weeks of study. They were: Seniors, Ancll Ounter; Juniors, Jerry Akers. Dick Hall and Dolores Smets: sophomores. Peggy Daley. Genevieve Kent, Mary Kent and Dan Wyant; freshmen, Alma Ayres, Mary Ruvley and WUda Woodward. tary of state, who will take him to the White House. His noon appoint ment waa an off -the-record address at the National Press club. Next came a trip to Mount Vernon to see the home and tomb of George Wash ington, who led the revolution which ended British rule in this country, and the tomb of his great-greatgrandfather. Sir Robert Eden, the last governor of colonial Maryland. After another visit, at the Lincoln Memorial on the Potomac came a White House tea for the Edens with Mrs. Roosevelt and wives of cabinet secretaries. Eden flashod a shy smile as he left the station to the applause of more than 200 persons, the majority of whom were well dressed women down early to greet the British advo cate of peace. They were not dis appointed In his dress. The fstned Hamburg hat was in place, and Eden appeared walking fashion plat as he acknowledged the greeting. His arrival at the a depart ment caused a feminine flurry which temporarislly stopped work In of fices there. More than 100 girl clerks and stenographers lined the hallway for a glimpse of the handsome young British statesman. They applauded loudly as Eden ran the gauntlet, ap pearing somewhat embarrassed. jt " -Ti ' ,.1 ; ERROL FLYNN EXHIBITS AT . ' -- - - -. . y- HOLLYWOOD. Dec. 13. (UP) Er- rol Flynn, who learned about boxing on the Irish Olympic team, said today j he was "very sorry" he had knocked out Aiden Roark, polo-playing motion picture executive, at a party last night given by Mrs. Jock Whitnej. but he defended himself on grounds he had been "attacked." The screen lover placed most of tho blame on an unidentified Pasa dena man who entered the bout without Invitation and turned what might have been another Hollywood "one-puncher" Into a 10-mlnnte battle. "I would very much like to find out the name of that Pasadenar:. Flynn said, rubbing a split lip. "I'm sorry tho incident happened and I'm sorry about Roark, but he started 't. Also. I was attacked." The brawl was witnessed by soiue 50 film celebrities who had gntherod for a haymow cocktail party in the Whitney barn. It supposedly started when Roark made a disparaging re mark. The best version of the bout said but that the Pasadenan spilt Plynn's ; Up with a haymaker while the actor ! was being held by Bruce Cabot afler I connecting with Roark a chin. MRS. DEIDER HURT CROSSING STREET Mrn. Mary Helder. of IS2J West inih .treet. u allehtly Injured lt nlht about 7:18 when struck by an automobile driven by Ioren Keith Ore;ory. 18, of Central Point, at the Main atreet and Rlvenlde ave nue Intersection. The accident occurred, city police reported, aa Mr. Ilelder stepped from the ,ldewalk In front of the Rogue River Chevrolet company prepara tory to crowing to the weat aide of Rlveralde avenue. The machine, trav eling weat on Main atreet, turned north on Rlveralde avenue, and Mra. Helder walked Into the right rear fender of the car and waa knocked to the pavement, police said Investi gation revealed. The Injured woman waa taken to her home by Cireeory. Later, when her hushnnd. R. H. Helder. came home, a physician waa called. Police absolved Gregory of any blame, atatlng that Investigation showed Mm. Helder waa "Jay-walk-Ing-' toward the pedestrian crossing when struck. 1 Radio Highlights By AMorlaled Frew (Time Is Eastern Standard ) Tonight (Tuesday): Talks WJZ NBC 8:00, Rep. Martin dies discuss ing work of the congressional com mittee Investigating un-American activities; WABC-CB4 10:40, Pan American congress. What to expect Wednesday: WEAF NBC, 0:00. our American achoola. WABCCB6. 3:80. School of the Ail. pickup (rum Lima. Pertb Cautious Warning to Aggressors TIRE SALESMAN G. M. C. Official Obtained Thousands for Supposed Payment to High Army Officials Is Testimony DETROIT, Dec. 13. (AP) Wil liam S. Knudsen, president of Gen eral Motora Corp.. said today testi mony by Frank E. Spelcher In a Washington. D.C., federal court that Norman K. Haig. a General Motors employe, had obtained "thousands of dollars" from GMC for payment to war department officials, was "untrue." WASmNQT6ir"Dee7l3 p, Frank E. Spelcher, a New York tiro sales man, testified In federal district court today a General Motors corporation official had obtained "thousands of dollars" from GMC for "supposed" payment to three high war depart ment officials. He added the money never got to the three department chtefs, Identi fied as the late Secretary of War George H. Dern; the present Secre tary of War Harry Woodrlng anj Gen. Douglas MacArthur, former chief of staff. Nothing !one Asserting Norman K. Haig. In charge of fleet sales, waa the GMC official Involved, the witness de- clared : ,"it was provwl he (Hulg) embez- ! zle tho money from Chevrolet Motor j Cflr company, but nothtng was ever atxmt it Spelcher. going on with hla testi mony, said he had attempted to sur render as a witness before the house military committee in 1034 but did not do so ' because Representative William N. Rogers of New Hampshire advised him Representative Edwnrd W. aosa could not assure him im munity from arrest. Spelcher said his attempt at sur render was made by his attorney, Harold E. Soli nu re, through Goss. Goss, a Republican, and Rogers, a Democrat, are no longer members of the house. Both were members ff the military committee at the time. Spelcher Is the government's prin cipal witness against former Brlg. Gen. Alexander B. Williams, one time acting quartermaster general of the army, and Joseph and Nath.in SIT. . r"inii The three are charged with conspiring to prevent Spelcher from testifying before the house committee during its 1934 Invest!- ! K"Tlon war ir.n. Pure..r.. 1BIKE SAFETY CLUB TO BE A bicycle safety club will be or ganized by the Veteran, of Foreign Ware at a meeting In the Jockson county courthouae auditorium at 7:30 tonight, It waa announced by William ; coonev. chairman In change of the ! Droiect for the veteran. Prize winners in the recent bicycle safety parade will be announced at the meeting, Mr. Cooney aald. All bicycle ridera from 7 to 17 years old are asked to attend the meeting. National organization of Veterans t of Foreign Wars has made bicycle j traffic safety a major project and j the Jackson county chapter launched j the project here with the bicycle parade, since then all the necesary blanks for organizing the olub and enrolling members have been re ceived and the chapter Is now ready to proceed, Mr. Cooney related. OREGON GRAPE SENT 10 A growing shrub of Oregon grape, lh atfat fli-iws? waft tinrMuil tstriftv by the Jackaon County Chamber of Commerco to Mrs. Franklin D. Roose velt st her Hyde Perk home. The shrub was sent to Mrs Roose Chrlatmee remembrance velt s because she expressed Interest n Oregon (Tripe when she saw It grow ing t the municipal airport when ahe stopped there recently. The shrub was donated by Miss Helen Carlton and was prepared for shipment by N. A. Bennett of the Fden Valley nursery. All Ilia cam, roa 'Ut sea. QUESTION SINGER ABOUT SMUGGLING: OF FINEJEWELRY Colette d'Arville Among Figures in Asserted Plot German -Born Maid Gave Tip to Law Officers NEW YORK. Dec. 13. (AP) Col- ette D'Arville. attractive dark-hair- ed singer, went Into conference with j A Nit. VS. Atty. Joseph L. Delaney today as the prosecutor sought to learn more about a top-night smug gling pMt which ranged from Paris to New York and Hollywood. The Interview followed the ar-1 ragnment in federal court of Albert N. Chaperau on two smuggling In dictments which named George Burns of the comedy team of Burns ! and Allen, as a co-defendant. Burns pleaded guilty yesterday to a charge of buying smuggled Jew elry from Chaperau, Polish-born film agent. Pleads Innocent Chaperau, brought Into court from the house of detention where he has been since his arrest in October, pleaded Innocent to the two Indict ments. He had been held in default of $20,000 ball on two previous Indict- l mcnts, one of which named him and Mrs. Elma Lauor, wife of supreme court Justice Edgar N. Lauer, on charges of smuggling and conspiracy to smuggle. Mrs. Lauer may surrender for ar raignment tomorrow afternoon. De laney said ho hoped to have the Chaperau-Lmer case set for trial tho middle of next week and the Chaperau -Burns case for the follow ing week. Miss D'Arville. who has sung with the Metropolitan Opera company, went to Delaney's office voluntarily. She was a dinner guest In the Lauer apartment when Rosa Weber, German-born maid, voiced resentment at comments derogatory to Adolf Hitler and refused to continue serv ing the mesl. Maid Gives Tip Miss Weber made the affidavit which the government used In ob taining a search warrant directed against the La tier's Park avenue ap artment. A federal grand Jury continued Its Investigation of Chaperau'a connec tions with some of Hollywood's brightest luminaries. Burns, whose wife 1s Oracle Allen, was one of aeveral movie players to whom Chaperau'a correspondence led fed eral agents. Judge William Bondy postponed sentencing of Burns until after the Chaperau trial, Indicating leniency might he given the comedian, al though he technically Is subject to maximum penalties of If) years Im prisonment and fines totalling 945, 000. SKIDDING TRUCK KILLS ELDERLY PEDESTRIAN PORTLAND, Dec. IS. (AP) The I p.ojeetlng bed of s freight truck laat ; nigiu mrucK ana miiea iwra. Aima ; Campbell. 74, Portland, wnen the . vehicle akldded out of control on i Interstate avenue. The driver, Harry M. Oregory. aa. Vancouver, Wash,, was charged with involuntary manslaughter. Accident Investigator George Phillips, In his report, said the truck apparently had been traveling too fast. Improvement in Business Seen Next Year by Ayres CLEVELAND, Dee. 1SVP Busi ness wilt be better in 1030. Col. Leonard P. Ayres predicted today. But before prosperity can return, "pump-prlmlng recovery" must chanys Into a "long-term recovery carried forward by business," ha emphasized. "The coming year now promises to be a period of better employment, rising national Income and Increased 1 ,of """iiatrlml production." the Cleveland atatlatlclan aald In his annual forecast. Bpeeiflcally, he Hated these "pro.- i "bl developmenta" for 1M: inoustri&l proauciion avvemging higher than 1038. lower than 'SI; national Income above 37; wholesale prices slowly advancing, but com modity prices not changed greatly; freight loadings up 10 to 20 per cent from '3A; iruu. ateel, motora outprt up 30 to M percent; moat new con struction sine 1930; derjsrtment store sslet Dearer 7 than 18; mer- 26 Dollies Made By One Lady For Poor Kids9 Tree Mra. Tom Bunnell of Jackson ville this morning walked Into Medford fire department head quartera and delivered 36 dolts which she had made herself for distribution among poor children aa Christmas gifts. Mrs. Bunnell told Chief Roy El liott she wanted to do something to help the firemen in their toy project and decided to make the dolls. The dolls were of various sizes and nationalities. They will be added to the remade toys and dolls the firemen and the Lady Lions club are to distribute at Christmas. FOR SIX MONTHS; SALEM, Dec. 13. (AP) The state supreme court ordered a new trial today in tho personal injury suit In which James W. Hanson obtained 10.000 damages from R. J. Schrlck In Multnomah county. Reversing Judge James P. Staple ton, the court said In an opinion by Justice Belt that the lower court excluded testimony from which the Jury might have reasonably Inferred that Hanson was reckless. We are of the opinion that the de fendant (Schrlck) did not have a trial auch as the law con tern pla tea," the opinion said. The high court also suspended T. J. Enrlght, Medford attorney, for six months and placed him on pro bation for two years. The State Bar association charging him with being convicted of drunken driving and of drunkenness as well as passing worthless checks, recommended that he be disbarred permanently, "The passing of worthless check is a common result of gross drunk enness," Justice Kelly wrote, ex plaining that the court did not dis bar Enrlght because he had not been convicted of a felony. 4 YULETIDE LEVEL Christmas malt began reaching heavy proportions today, Postmaster Frank Dc.Souji said. The postmaster added that he looks forward to a record sesson. The regulsr postofflce staff will be augmented with substitute clerks snd carriers by next week, Mr. De Sou za said. The substitutes have already been designated by the post office department, he asserted. Patrons were again counselled to mall early, wrap all parcels securely and eddreas all mall plainly and with compete, sped fie addresses. TO BUILD CAMP FOR MIGRATORY WORKERS PORTLAND, Ore., Dec. IS. (AP) A camp for migratory workers will be built by the government on the 120 -acre Carpenter tract near Yaki ma, Walter A. Duffy, regional direc tor of the Farm Security administra tion, said today. An option on the land was taken yesterday. The haven would ahelter 400 farm families engaged In season al work and would cost about 2&0. 000, he aald. chandlse Imports grester then ex port.; stocks higher than '38: lower than '39; new high records In power, oil refining, tobacco products and average hourly factory wagee. Colonel Ayres prepared his predle tlons for s. Cleveland Ctutmber of Commerce meeting. 'The advance In business activity can be relied upon to continue u long ss the out-flow of public spend ing remnlna undiminished, but ve know such spending con not go on Indefinitely." he said. "That fact raises aerloua questions about the probable course of business In the third and fourth quarters, "It I as futile for ua to believe that we can spend ourselves rlcn u for us to suppose m man can drink himself sober. The fatal weakness of such recovery Is that everyone fears It may be only temporary. Merchants enlarge their atocka but not their i stores. Iverjbody trie t pif sft." BRITAIN READY TO DEFEND SELF AND ALLIES JFJEEDED German Newspaper Attack On Baldwin Is Rebuked Aims, Actions of For eign Policy Are Outlined German Boycott LONDON, Dec. 13 P A down vacant seats gaped at Prime Min ister Chamberlain tonight when he sat down as an honorary guest At the Foreign Press assoclatluu dln'ner which German representa tlvea boycotted because they took offense at certain sentences In the speech be planned to deliver. The banquet absentees Included the Oerman ambassador, Herbert von Olrksen; Qottfrted Aechmanu, head of the German foreign presa department whom chancellor Hit ler had sent to London to hear the speech, and other embassy and Nazi press representatives. LONDON, Dec. 13. (AP) Prima Minister Chamberlain told the world tonight he was determined to fol low hla policy of European appease ment but cautiously warned aggres sors "attempts at domination are never long successful." Speaking to the foreign press ss--soclation, whose guests at ft SOttr anniversary observance Included Qer- man, Italian and other diplomats,' Chamberlain announced Britain was ready to defend her empire and) allies, but also offered to Join any, International disarmament confer--; ence. The prime minister admitted ha had received "checks, disappoint ments and setbacks," but added "I am neither disheartened nor de terred by these passing phases." His speech was broadcast in ail major languages and by shortwavej to the United States. Rebuke for Germans Referring to s recent German at tack on former Prime Minister Bald win In the Gorman presa (Baldwin waa called ft "guttersnipe"), Cham berlain said: T must deplore the present tone, of the Germsn press which In one case has not scrupled to pour out Its vituperation upon ft most re spected of our statesmen, himself but lately prime minister of this country, and In few cases ahows any algn of a desire to understand our point of view." (The Oerman attack followed a speech Karl Baldwin gave December 8, .which opened an appeal for con tributions to a refugee fund and In which he said he spoke as "an ordinary Englishman shocked and distressed" at tho plight of victims of "an explosion of man's lnhumsn Ity to man.") France Reassured Chsmberlsln took the opportunity to restate hla loyalty to British French understanding by eaylng: "Our relatione with France re so close as to pass beyond mere legal obligations since they are founded on an Identity of Interest." (Before the house of commons yes terday, Chsmberlsln said Britain was not obligated by speclfle pacta or treaties to aid France If ahe were attacked by Italy. (British Ambassador Sir Brio Phlpps called on Foreign Minister Georges Bonnet of France In Paris today for a talk which waa understood In London to be a result of. Chamber lain's bald statement. (It was considered likely Sir Eric assured the French foreign minister Britain's firm, If unwritten, support of her ally had not been Impaired by Chamberlain's wooing of Premier Mussolini.) When Chamberlain started hi ad dress In the cream snd scarlet ball room of a London hotel, ha first paid tribute to the press by saying: "I have hardly ever known a case where my confidence ha been deliberately betrayed." policy Outlined He then outlined the "alms and actions" of British foreign policy since he became prim minister on May 38, 1037. He said there were only two alter natives: "One was to make up our mind that war was Inevitable and to throw th whole energies of the country Into prepsrfttlon for It. "The other waa to make a pro longed snd determined effort to eradicate possible causes of war and to try out methods of personal con tact snd discussion, while at the asm time proceeding steadily with such rearmament a was necessary to restore the power of defense which (Continued on Pag flv.)