Annual Autumn Dollar Days Friday, Saturday in Medford Stores
The Weather
Forecast: Fair but with In
creasing rIoudtnrB tonight and
Friday, little chance In tem
perature. Temperature
Highest Yesterday 89
Lowest this Morning 24
Pay Like Rent
Are you Retting tired of paving
rent? Then perhaps you will
be Interested In buying a home
and pajlng for same like rent.
Wati-h (or the opportunities
offered on the Classlflrd page
of this newspaper.
Medford
Tribune
Full Associated Press
Full United Press
Thirty-fourth Year
MEDFORD, OREGON, THURSDAY, NOVEMBER 16, 1'
No. 204.
ASS06HA1 jmSTDGE 116 WISES
i i . z :
Conservative J EERMAHY TO FIGHT (WMMmJUEEHSED HAPHNF Going Straight i FRESH FRUIT
VI UNTIL SUPREMACY DISAPPEARS WITH, pfTT EXPORTS BANNED
' A - 8 ' steamer Scala Shell by a Ger- I Wmm 3
l , , , nr nmTn runrn man raider 180 mile, nonheasi rrnrnn nmnrnn 1
f V- I 1 1 1- UU AN hWm- of Lourenco Marques. Mo,am- m-UA N-H hUV
w i j ui imiinm lmulu
AT fffTHE
Washington. D. C, Nov. 16.
Not since President Roosevelt
proposed packing the supreme
court has the chief executive
aroused such criticism in his
own camp as his approval of
the plan to circumvent the neu
trality law by transferring eight
ships of the United States Lines
to the Panama flag. Washing
ton's Schwellenbach; low a's
Minton; Texas' Connally, all
100 percent new dealers, are
a few of the men who made
the president's fight to repeal
the embargo and are now sore
as boils at the palpable evasion
of the law.
The reaction from the Pacific
Northwest was quick and bitter,
particularly from unions and
those citizens who had opposed
repeal of the embargo in the
first place.
Inside story of the affair can
only be partly pieced together
now; someday it will all come to
light. This much is known: Sev
eral days after this space indi
cated what the neutrality bill
would do to Pacific coast ship
ping, West coast operators be
came alarmed, met in San Fran
cisco and rushed representatives
to the national capital. Arrival
of the representatives was the
first official cognizance shipping
received in the debate. But At
lantic coast operators said little.
They had a card up their sleeve.
N AN administration which
features sympathy for the
common man, no one thought
of what would happen to the
thousands of sailors who would
be beached by tying up ships.
While not a ward of changing
American ships to a foreign flag
was mentioned or suspected dur
ing the debate, certain ship
owners had an understanding
with the United States maritime
commission.
The commission, a creature of
Mr. Roosevelt, had the consent
of the president to sanction the
transfer to Panama; the commis
sioners would not take such re
sponsibility without express ap
proval. It looked legal to Mr.
Roosevelt and was.
Someone in the state depart
ment announced the transfer
was quite proper. Then, just as
the maritime commission ar
ranged a special meeting to au
thorize the transfer, the public
got wind of the affair and in
dignation was expressed from
one end of the continent to the
other, good and loyal new deal
ers among the first to lead the
DEATH WILL GIVE
F.O.R. APPOINTEES
C0URTJAJ0RITY
Butler Termed Conservative
by New Dealers Fu
neral Services Tomorrow
Washington, Nov. 16. (IP)
Associate Justice Pierce Butler
of the supreme court died today.
The 73-year old justice en
tered a hospital for treatment
of bladder trouble last summer,
and with the exception of two
weeks when he was able to re
turn to his home, he had re
mained there since.
His death meant that Presi
dent Roosevelt's appointees
would be in the majority on
the court. Mr. Roosevelt has
named four of those on the nine
man tribunal.
Was Conservative
Butler was a Democrat, but
officials of the Roosevelt ad
ministration had termed him
one of the two "conservative"
members of the court, the other
being Justice James C. McRey
nolds.
Although Butler was the third
oldest of the justices Chief
Justice Charles Evans Hughes,
like McReynolds, is 77 he had
been reported in robust health
during the term of court which
ended last June.
As the supreme court assem
bled at noon, Hughes, his voice
trembling with emotion, an
nounced Butler's death.
"It is my sad duty," he said.
"to announce the passing, early
this morning, of our brother,
Mr. Justice Pierce Butler.
Appointed In 1923
"After a long and distinguish
ed career at the Minnesota bar,
he was appointed associate jus
tice of this court and took his
seat in January, 1923. Trained
in the exacting school of a most
active professional practice.
Pierce Butler brought to this
court not only his learning in
the law but a rich store of prac
tical experience. His fidelity, his
courage and forthrightness,
which were his outstanding
characteristics, made him a
doughty warrior for his convic
tions, and he served the court
with great ability and indefatig
able industry, and an unwaver-
Juslice Pierce Butler
CAPITAL SPECULATES
Will
Let Military Judgment
Choose Time for Attack
Says Nazi Spokesman
ASSOCIATE JUSTICE
Washington, Nov. 16. (IP) A
list of names which might serve
as a "who's who" of the judicial
world was put forward today in
speculation over a supreme
court successor of Justice Pierce
Butler.
High on the roster were such
administration stalwarts as So
licitor General Robert M. Jack
son of New York; Attorney Gen
eral Frank Murphy of Michigan,
and Senator Wagner (D-NY).
Those who believed the ap
pointment should go to the west,
mentioned among others Thur
man Arnold of Wyoming, assist
ant attorney general in charge
of the anti-trust division; Sen
ator Lewis B. Schwellenbach of
Washington, and Judge Harold
Stephens of Utah, a member of
the United States court of ap
peals for the District of Colum
bia. ,
Advocates of the nomination
of a woman advanced the name
of Florence E. Allen of Cleve
land, a member of the sixth fed
eral circuit court of appeals.
Others mentioned in unofficial
speculation for the post included:
Justin Miller of California, a
member of the United States
court of appeals for the District
of Columbia.
Capetown, Union of South
Africa, Nov. 16 l.-Pt The sink-,
ing of the 706-ton British
steamer Scala Shell by a Ger
man raider 180 miles northeast
of Lourenco Marques, Mourn-
bique, was announced officially
tonight.
London, Nov. !6 (ft1) The
British press association report
ed today the German steamer
Leander, 989 tons, had been cap
tured by a British cruiser and
her crew of about 30 interned.
S.F.
(Contlnred on Page Eight )
Wage Reports
Salem, Nov. 16. (IP) The
state unemployment compensa
tion commission warned employ
ers today that they have until
December 10 to file wage re
ports for the year ended last
September 30. Those filing late
will be assessed penalties.
SIDE GLANCES
by
TRIBUNE REPORTER
(Continued on Page Nine)
Ponder Compromise
In Shipping Tieup
San Francisco, Nov. 16. (IP)
Marine firemen and ship own
ers pondered a proposed com
promise to end the tie-up of 95
steam schooners on the Pacific
coast today, as San Francisco
bay shipping remained virtually
paralyzed by at least three sep
arate controversies.
The membership of the Ship
owners Association of the Pa
cific Coast was in a several-hour
session and planned to
later today.
E CITY'S HELP
By Melvin K. Whlleleather
Berlin, Nov. ' 16. (IP) An
authoritative source announced
today Germany had decided to
"fight until British supremacy in
the world is destroyed."
Germany, this source said,
"will have no peace terms to of
fer until such a victory has been
won."
The statement was made in
connection with the German re
ply to the mediation offer of The
Netherlands and Belgium and m
answer to the question, "what
might Germany's' peace terms
be."
(Germany's reply to the me
diation offer, made orally by her
foreign minister. Joachim von
Ribbentrop, was a polite "No.")
Success Only Question
(Franz von Papen, Germany's
ambassador to Ankara, said yes
terday that Germany was fight
ing to "avoid a repetition of the
tragedy of .- Versailles - and to
build a better Europe.")
It is no longer a question of
German peace terms," the Berlin
official stated.
Such a question might be
raised in Paris and London, but
not in Berlin. We are far be
yond that and there will be no
peace terms until we reach suc
cess. We are as ready to fight
as we were for peace.
inis source said there was
speculation throughout the world
over why Germany did not at
tack.
ine speculators assert we
need to attack to keep up
morale," he said, "or we must
attack the southeast for (foreign
minister) Von Ribbentrop needs
a success to show the fuehrer.
Weakness Denied
"We have no fear of attacking,
but intend to let military judg
ment choose the time and not to
be goaded into it by foreign
propaganda."
His statement emphasized it
"would be a great mistake for
the outside world to get the im
pression there was weakness
here."
Today's communique of the
German high command was con-
Paris. Nov. 16 (P) A mini
mum of war activity on the west
ern front was reported today by
the French general staff, which
announced in a communique
that there was "no notable news
during the night."
news ot war on the sea was
confined to a statement by
Blockade Minister Georges Per
not thai 223,297 tons of mer
chandise consigned to Germany
had been seized by the French
navy up to November 10.
Former Gangster Guarded
for Own Protection After
Being Freed From Prison
Baltimore. Nov. 16. UP)
Al Capone entered Union Me
morial hospital today for ob
servation u nd treatment.
His physician. Dr. Joseph
E. Moore, declined to discuss
the case but hospital officials
said Capone was admitted
under his own name.
F.
OF APPLEGATE
PASSES, AGED 64
AssL
BY GREAT BRITAIN
Country Cannot Squander
Foreign Currencies When
War Materials Are Needed
San Francisco, Nov. 16. (IP)
Failing in their search for a
private financial "angel," fund
raisers turned despairingly to
the city government today for
the rest of the money needed
to re-open the 555,000,000
Golden Gate exposition in 1940.
San Francisco officials were
told that unless they found
$250,000 in surplus cash in the
current year's budget, wrecking
crews probably would be called
meet i to Treasure island before many
more days.
Fred Offenbacher. 64, well
known resident of the Apple
gate, passed away at a local
hospital at 3:15 p. m. Wednes
day, after two weeks illness.
Mr. Offenbacher was born in
Bavaria, Germany, July 11,
1875. He came to the United
States when he was five years
of age, and has lived In Jackson
county since that time. The
family home is on the Apple
gate. He gained his education in
the schools of Applcgatc and
Jacksonville. He leaves many
friends to mourn his departure.
He is- survived by his wife
Mrs. Minnie Offenbacher of Ap-
plegate; one daughter, Mrs.
Kathryn Wheeler of Medford;
three sons, Leon, Lance and
Fritzie, all of the Applegate:
also one sister, Mrs. Flora
O'Brien, and two brothers. John
and Herman of the Applegate.
Funeral services will be con
ducted from the Perl Funeral
Home, Saturday ut 2 p. m., Rev
Sherman L. Divine of the First
Presbyterian church officiating
Interment will take place in
Jacksonville cemetery. Friends
are respectfully invited to at
tend the services.
Washington, Nov. 16. (IP)
Al Capone, Chicago's fabulous
gang overlord in the lush days
of prohibition, went free today
after seven years in prison but
what that freedom meant to him
other than removal of the hand
cuffs and an end to barred cells,
federal prison authorities re
fused to disclose.
The ailing "Scarface" was
given his unconditional release
at Lcwisburg, Pa., penitentiary
in the early hours of the day,
according to Director James V.
Bennett of the federal prison bu
reau. But then he disappeared
still in company of federal of
ficers as effectively as if he had
bean put once again behind the
grim walls of Alcatraz.
Unconditional Freedom
Hours after the release was
effected, Bennett gave this ac
count: Capone, who had been held
m Terminal Island prison, Cali
fornia, for 10 months after hav
ing been removed from Alcatraz
Al Capon
Washington, Nov. 16. (IP)
Attorney General Murphy said
today that Al Capone and his
family had given the justice de
partment assurance the former
gang leader was "going straight
nnd not going to get mixed up
in illegal activities.
Murphy said, however, three
federal agents were keeping Ca
pone under surveillance and
would continue to do so for
some time, because "certain
things have come to our alien
tion." Those things pertained
partly to Caponc's physical con
dition.
f Continued on Page Ten j
(Continues, on Page Nine )
GRANGERS FAVOR
L
Roseburg-Diamond Lake Road
Will Get First Trial Friday
Arnel Butler proving to Moore
Hamilton that their mountain
skating pond wasn't frozen yet
by comparing this year's wea
ther reports with last year's.
Pat Hayes advising a friend
that a dentist's office is no place
to carry on matters concerning
one's tailoring business.
Ray Wilflcy UFing a half dozen
different phases of psychology
while trying to get a patient to
pose properly, all of the phases
seeming to be in vain.
Art Larscn being all befud
dled over breaking into a north
ern newspaper as an A No. 1
scribe or something.
Doc Frank Frccburgcr guffaw
ing at the funny current Crate i while
Roseburg. Nov. 16. (JP) A
half-ccnturyold dream of local
enthusiasts is expected to come
true tomorrow when the first
vehicle is expected to traverse
the route from Roseburg to Dia
mond lake. Forest Supervisor
V. V. Harpham will pilot a car
over the route of the North
Umpqua road on which a con
ncctim is expected to be estab
lished today by construction of
a temporary bridge across Cope
land creek
More than 50 years ago plans
were discussed here for a road
across the Cascades to eastern
Oregon. In comparatively re
cent years a forest service road
was built from Roseburg east
to Steamboat ranger station,
another read was con-
picture.
istructed from Diamond lake 'plans.
westward to Big Camas ranger
station, leaving a 22-mile gap
between Steamboat and Big
Camas.
One of the first CCC camps
in Douglas county was cstab
lished at Steamboat and cxten
sion of the North Umpqua road
was made the major project of
that and succeeding companies.
The final link of the connection
has been roughly graded and
with the completion of the tem
porary bridge it is expected it
will be possible to get the first
car over the route tomorrow.
During the winter season It
is planned to complete the five
mile link and construct a per
manent bridge. Th road will
u I .1.1;., ..-.. ...1
spring, accoiuing iu picsvm
Portland, Nov. 16. (IP) The
Multnomah county Grange ap
proved a resolution last night
demanding repeal of the state
milk control act.
The resolution said the law
was administered principally in
the interests of the Portland dis
trict, gave large producers vir
tually a monopoly, was detri
mental to the interests of con
sumers and worked against
small producers.
The Grange .favored circula
tion of petitions to place the re
peal on the ballot.
JACK-O-LANTERN BURNS
FATAL FOR LITTLE GIRL
Seattle, Nov. 16. (IP) Little
Juanita Joy Stevenson, 7-year
old daughter of Mr. and Mrj.
William Stevenson of Vancou
ver, Wash., died yesterday of
burns suffered October 30 when
a jack-o-lantcrn ignited her
clothing. The girl was rushed
by ambulance the 190 ml
from her home to Seattle for
special treatment the night she
was burned.
Willamina, Ore., Nov. 16.
VP) Governor Sprague dedl
cated the $90,000 Union high
school building here last night
citing the trend toward fewir
hut larger schools which afford
ed better educational facilities
BUY CATTLE HERE
Approximately 200 head of
stock cattle were purchased yes
terday by- the government for
Indians at the Klamath reserva
tion and at Chiloquin. The cat
tle, obtained from Butte creek
and Eagle' Point stockmen, were
inspected here at the stock yards
by E. W. Kubll, county Inspector,
before shipment to Klamath.
The agent from the reserva
tion was here to take charge of
the transaction, although several
Indians came from Chiloquin to
look after their individual in
terests. DELROYGElELL
IS SERIOUSLY ILL
Dclroy Get eh ell, widely-
known local resident and presi
dent of the Fanners and Fruit
growers bank, is confined to the
Community hospital by a severe
attack of pneumonia and his
condition is regarded as serious.
Mr. Gctchell had been suffering
from a heavy cold for several
weeks before entering the hos
pital Tuesday.
The attending physicinn said
Mr. Gctchell had passed n fairly
I restful night, and showed slight
I Improvement today.
LABOR TO APPEAL
ON PICKET RULING
Portland, Nov. 16. (P) No
tice of appeal to the state su
preme court from a three-Judge
court's decision holding Ore
gon's labor control law consti
tutional was filed today by at
torneys for organized labor.
The request of the CIO, AFL
and railroad brotherhoods for a
declaratory judgment holding
the law unconstitutional was re
fused more than two months
ago.
The labor control law was
voted by the people last Novem
ber. In Father's Steps
Calgnry, Alia., Nov. 16.
(CP) John David Jones of
Portland, Ore., 19-yoar old son
ot a former British soldier, Is
enroute to Great Britain to en
list in his father's old regiment,
the Royal Welch Fusiliers.
SUICIDE. ATTEMPTED
Br EM. S .U. PREXY
OH PEN ENTRY EVE
Baton Rouge. La., Nov. 16.
(fP) Sheriff Newman H. De
Bretton announced that Dr.
James Monroe Smith, former
Louisiana Slate university presi
dent, attempted to commit sui
cide this morning in his jail cell
by slashing his foot with a razor
blade.
Smith was scheduled to be
taken to the state penitentiary
tomorrow to serve sentences to
taling from eight to 24 years
for misuse of school funds.
DcBretton said Smith was In
a very weakened condition but
not in danger of death.
Smith's bed was covered with
blood and he was in a bathtub
into which water was running
when he was discovered by a
jail attendant who went to serve
him coffee.
OTTAWA. Nov. 16 (AP)
Britain and Canada have
agreed to limit exports of
Canadian apples and pears
to the United Kingdom to
one half of the average for
the past two years.
The agreement would
permit Canada to send
about 2.900,000 bushels of '
applet and 40.000 bushels
of peart to the United King
dom per season.
London, Nov. 16. (IP) Ex
ports of fresh fruit from the
United States to the United
Kingdom virtually have been
prohibited, effective today.
Under Britain s wartime laws
licenses for fruit Imports will
be granted for some parts of
the empire, but it was said au
thoritatively that none would
be granted at present for the
United States.
Officials of the British food
ministry would not say when
trade in American fruits might
be resumed.
It was asserted, however,
Britain can hardly squander
her foreign currencies in fruit
when there are such things, as
war materials to be bought and
paid for in America."
San Jose, Cal., Nov. 18. (IP)
Secretary of State Cordcll Hull
was urged by Congressman John
Z. (Jack) Anderson ot California
today to ascertain the truth of
"strong rumor" that Groat
Britain plans to stop importing
fresh fruits November 20.
Anderson,, in a telegram to
the secretary of state last night,
declared "such an embargo
would result in a tremendous
economic loss to growers of
fresh fruit on the Pacific coast."
Anderson Is a San Benito county
pear grower.
Radio Highlights
By Associated Press '
(Time Is Pacific standard)
Tonight: Europe, WABC-CBS,
5:55, 8; WEAF-NBC-east, 8; MBS
9, 7:15.
Friday: Europe, NBC-chains 5
a. m.: WABC-CBS 5 a. m., 3:30
p. m.
Poison Gas Tank New Weapon
With Frightful Possibilities
By Howard W. Blaketle
Associated Press Science Editor
New York, Nov. 6. (IP)
Poison gas warfare hat a new
weapon ready for the battle
field. It Is the chemical tank, a
squat, speedy, steel-skinned cat
erpillar, whose lnsides, Instead
of guns, are mostly poison
liquids and gasses.
This tank is described by Lt.
Col. Augustin M. Prentiss. U. S.
A., chemical warfare service, as
one or the most lormiauoie
methods of attack yet devised.
He is one of the great authori
ties on gas warfare.
"Chemical tanks have the
power," he writes In the cheml
cal warfare bulletin, "to sud
denlv release enormous concen
trations of non-persistent lethal
gas In such strength as to readily
break through any military gas
mask."
The nnn-prrsistent gases are
those which float In the air. and
as weapons was greatly reduced
by gas masks In the world war.
But the chemical tanks may
prove so effective, Col. Prentiss
says, an entirely new type or
gas mask will be needed for
protection. This mask would
shut out all outside air and keep
its wearer alive by breathing
oxygen stored inside the mask.
A single tank, he explains,
carrying 1000 pounds of phos
gene can cover in one mission
an area downwind 500 yards
long and 100 yards wide. For
an additional 500 yards, or a
total of nearly two-thirds of a
mile, the concentration of this
gas will be sufficiently deadly
to cause serious casualties.
The great advantage of this
new war engine Is the ease of
placing gas. For example, to do
the same thing with artillery or
projectors of gas,, would require
hours f preparation, transport
Ing materials to the firing lines
The tanks, alone of ground wea-
By Walter Warren.
San Francisco. Nov. 16. (IP)
Britain's ban on fresh fruit ship
ments from the United States
stopped a 817,000,000 business
today. British purchases in 1938
topped that figure.
Fresh fruit shippers as well
as growers were glum when
told the rumored ban had ac
tually gone Into force. How
ever, they were hardly sur
prised. They had been warned the
empire would have little money
to spend on fruit, with the stag
gering demands of the military
machine coming first and taking
all funds available for export
to pay for imports.
Britain had been taking little
fresh fruit from the United
States since the war started.
Shipping has been scarce. Brit
ish ships huve been comman
deered for other nnd more press
ing business. Neutral ships have
almost unanimously shied away
from British ports. Some have
left British-bought fruits In Ire
land, but that Is a wasteful
route, spoiling much of the
fruit.
Some foreign trade bankers
here thought there might be a
swing In British demand from
fresh to dried and canned fruits.
They are easily stored and ship-
pea, nence adaptable to both
military and civilian needs.
Britain took nearly $6,000,000
worth of American dried fruits
last year and around $15,000,000
worth of canned fruits.
Principal fresh fruit ship
ments to the United Kingdom
have been citrus, apples, pears,
grapes and plums. In all these
the Pacific states have done Im
portant business.
poison the lungs. Their potency pons, carries its own gas.
Astoria, Nov. 18. (IP) The
war department announced to
day the WPA had granted an
additional $30,000 to continue a
rehabilitation project at Fort
Stevens for another mven
months.