Mo
Will Appoint
.iimii m in m ,
O'Hara
tary of
State
mm
as
U.S. Determined
Forces To Remain
On German Scene
American Protests
Called 'Scandalous'
Ar.gusta, Ga.-UPfl-The White
House today, in the face of
Russian threats to upset the
four-power occupation of Ber
lin, said that the American
eovernment will persist in its
"firm; intention" to "maintain
the integrity of West Berlin.
This new statement of de
termination for A m e r i c a n
forces to remain on the scene
in Germany came after Presi
dent Eisenhower, here on a
golfing holiday, conferred
vrly today by telephone with
Washington officials on the
tense Berlin situation.
Talks Wilh Herter
The President talked with
Christian A. Herter, Deputy
Secretary of State acting as
head of the Department in
the absence of Secretary
John Foster Dulles who is on
a week end vacation. , ,
Eisenhower also talked with
Brig. Gen. Andrew J. Good
th White House Staff
Secretary, and Goodpasters
assistant, Maj. John S. tisen
hower. the President's son
Both Goodpaster and young
Eisenhower recently returned
from a European inspection
trip.
Reds Claim Berlin
Renorts from Moscow said
the Soviet government was
xtected to deliver within 48
hours official notes to the
wartime Western Allies tell
lng them that West Berlin be
longs to Communist East Ger
many.
The Russians were calling
American protests over the
anticipated move scandalous
. . . routine brinkmanship."
"The President and our
government are keeping in
close touch with the situation
in Berlin, and also, as a gov
ernment, keeping in close
touch with the governments
of the United Kingdom and
the Republic of France," Press
Secretary James C. Hagerty
k said. ' . : ,.., -Allies
Being Consulted '
"This is not a unilaterial
problem for us alone, but a
problem that . concerns our
two allies as well," he said.
"Speaking ; for the United
States government, pointing
out also that this is a situa
tion where our Allies are be
ing consulted, this is a situa
tion where our firm intentions
in West Berlin remain un
changed." U.S. Stands Firm
Hagerty said he could not
spell out these "firm inten
tions" beyond saying they
were based on this govern
ment's resolve to "maintain
the integrity of West Berlin."
v He regarded as superfluous
pinpoint questions as to
whether this meant an Ameri
can determination to stay in
Berlin.
Town Meeting Set
In Jacksonville s
Jacksonville-An "old fash
ioned" town meeting, to dis
cuss the future of Jackson
ville with respect to the Cen
tennial, will be held in the
cnyhall here at 2:30 p.m.
Sunday.
A number of plans to give
Jacksonville and old-time ap
pearance for the Centennial
year, and to further attract
tourist trade in the following
years, have been put forward.
These and other projects will
be discussed.
Mayor John Keaveny, mem
bers of the city council, and
many Jacksonville residents
interested in the plans will
attend, and all residents of
the community are invited
and urged to be there.
Oregon Taxes To Go Up,
Sen. Neuberger Declares
Portland -UPD-Oregon taxes
are due to go up and promises
of tax cuts are "political dem
agoguery," Sen. Richard L.
Neuberger (D-Ore.) said
Thursday night.
: Neuberger said "grass roots"
officials would be "less than
honest" if they did not admit
taxes are going up.
School Population Cited
The Oregon senator said de
fense spending in face of Rus
sia's threat would boost taxes
at the federal level and Ore
gon's expanding school popu
lations would result in in
creased taxes at the local
level.
Neuberger spoke to the As
sociation of Oregon Counties.
He said Oregon would have
to raise $20 million in match-
rfWTHTiraif
tj I ' f 7 ', ' H M
PUG IN THE JUG No thug but a registered blue-blood, 8
month-old Dandy Boy was nevertheless lodged in the city jail
for a few hours Wednesday after being picked up as a run
away juvenile (canine). The worst of it was, he was placed
in the women's cell. He was claimed that afternoon by his
master, Clyde Marit Jolliffe, 217 South Riverside ave.
(Photo by Ted Whisler, MPD)
Council Decides Not
To Raise Interest
Rate on Warrants
Medford's1 city council last
night voted against increasing
the interest rate on municipal
warrants from 4 to 5 per cent
in connection with a sanitary
sewer project on Temple dr.
It also agreed to meet in the
future as a committee to re
view methods of acquiring
property necessary for im
provement projects such as
the arterial street program.
City Manager Robert A.
Duff reported that the owner
of "dangerous" sign on South
Central aye,, has indicated he
will "remove if "within a
week." '
Following public hearings,
the councilmen approved two
zone-change requests. One was
for the Earhart tract east of
South Riverside ave. and the
other was for property on
South Grape st. between Mel
rose and O'Gara aves. Both
changes are from residential
to commercial.
Duff requested the rate in
crease on warrants after the
Overseas Packages
Must Be Air Mailed
Persons who wish to be cer
tain that packages for over
seas delivery reach the ad
dressee by Christmas, must
air mail them by Dec. 1, the
post office department point
ed out today.
The deadline for guaranteed
delivery of overseas packages
by regular parcel post has al
ready passed. All packages
prepared for overseas mailing
should be securely wrapped
and properly, addressed to in
sure arrival in safe condition.
Patrons of the post office
also are reminded that Christ
mas greeting cards mailed in
unsealed envelopes this year
will take a three-cent stamp.
These cards have gone for two
cents in past years. , '
Senders of such greeting
cards are also reminded that
for one extra cent, that is, for
a four cent stamp, the card
will be forwarded, if the ad
dressee has left a forwarding
address, or returned to the
sender if undeliverable. Greet
ing cards in unsealed enve
lopes and bearing a three
cent stamp cannot be for
warded or returned "
ing funds for the federal high
way program if it was to get
$70 million for primary and
secondary roads. He said he
opposed deficit spending for
highways and that, he sup
posed President Eisenhower's
plan to raise gasoline taxes.
He also said he favored Ore
gon increasing its gasoline
taxes to get federal matching
funds instead of shifting the
debt to future generations by
floating bond issues.
Hatfield's Promises
"That is why I hope, that in
his campaign promises not to
increase any state taxes, Gov.
elect Mark Hatfield did not
foreclose his future adminis
tration from effectively fol
lowing through on Oregon's
share of the highway pro
gram," Neuberger said.
council called for a public
hearing on the proposed sew
er on Temple between Crater
Lake ave. and Gary st.
General obligation warrants
are used to pay contractors
for construction work. The
warrants are often resold by
the contractor for cash.
Duff said his recomenda
tion was based on "prices
quoted us today" and "cur
rent difficulties."
Councilman Donald Han
sen, Ward II, said he believed
banks are willing to accept 4
per cent warrants from i con
tractors. ' '
"We're going against "the
whole theory of competitive
bids," he said. -Matter
of Cost
Duff said it was a matter of
direct or indirect cost to the
city. If the rate were not rais
ed and the contractor antici
pated difficulty in selling the
warrants, he would increase
his contingency costs to al
low for a loss in the sale.
City Attorney E. Roy Ba
shaw said the council could
approve the increase tempor
arily' and still have an oppor
tunity to reduce it to 4 per
cent after the public hearing.
He said it would be difficult
to raise the rate from 4 to 5
per cent after the hearing.
The vote to consider prop
erty acquisition in commit
tee was asked by Hansen. It
resulted from discussion ear
lier in the meeting on wheth
er to acquire a piece of prop
erty at higher than the ap
praised value. '
The acquisition was approv
ed at a price of $11,000, $650
above the higher of two ap
praisals. The property, own
ed by Mrs. Geneva M. Beer,
is considered necessary to ex
tend Tenth st. across Bear
creek.
Hansen said he thought this
transaction would "open the
door" to hold-outs by owners
of other properties asking for
prices above official apprais
als. Withdrew Objection
He withdrew his objection
when Duff said one of the
city's appraisers had recom
mended that the $11,000 offer
be accepted. Duff explained
that condemnation proceed
ings to acquire the "property
at the lower price could cost
the city more money. If the
final price were above the
appraised price, the ' city
would be compelled to pay
the property owner's attorney
fees. .
The council also authorized
revision of the ; urban plan
ning project to meet the re
duction in federal assistance.
The city had originally pledg
ed $8,575, and Jackson coun
ty $5,600 - both sums to be
matched by federal funds.
Hungarian Charges
Declared 'Malicious'
Washington -0JPD The Unit
ed States today rejected as
"reckless and malicious" Hun
garian charges of American
espionage and improper activ
ities in Hungary.
Patrick AFB, Fla.- (UPD A
conference of most of the Air
F o r c e's top commanders
wound up here today and the
officers, including 30 gener
als,, flew back to their posts.
53 rd Year
MEDFORD
Trade Agreement
Fails To Contain
Any Guarantee
Bonn Summons
W. German Envoys
Berlin (UPD The East Ger
man Communists have given
a half-promise to let German
civilian traffic flow to and
from West Berlin but have
left open the key question of
restricting Western Allied
military traffic, it was dis
closed today in a new East
West . German trade agree
ment. The head of the West Ger
man delegation which negoti
ated the trade pact sajd it
contained no guarantee that
traffic would not be restrict
ed as part of the latest Com
munist campaign to oust the
West from Berlin. '
. A five-line technical clause
iri the pact said the agreement
would be in force under the
condition that the present
trade, payments and "other
existing relationships permit."
Observers regarded this as
a half-promise by the Reds
not to interfere with civilian
traffic in and out of the isolat
ed Western outpost. -. , ,. -
Ambassadors Summoned
. But Dr. Kurt Leopold, head
of the West German delega
tion, told a press conference
the trade agreement would
not appreciably lessen tension
in Berlin.
In Bonn, it was announced
that Foreign Minister Hein
rich von Brentano had called
home the West German Am
bassadors to Washington, Lon
don, Paris, Rome and Moscow
for consultations on the Ber
lin crisis. ;
The ambassadors were
ordered to " be in Bonn by
Tuesday.
President Eisenhower, on a
golfing holiday in Augusta,
Ga., conferred early today on
the Berlin situation with
State Department officials in
Washington. Later, the White
House issued a statement re
affirming the "firm intention"
of the United States to "main
tain the integrity of West
Berln."
The East-West German
trade agreement contained no
specific provision on traffic.
In fact," the word traffic was
not' even mentioned.
But even if the agreement
had contained a specific guar
antee on German traffic, it
would not have much effect on
Berlin blockade threats. The
present Communist campaign
is not directed at German
traffic, but at Western Allied
military traffic.
The Soviet Government is
expected to deliver within 48
hours official notes to the war
time Western Allies telling
them that West Berlin belongs
to Communist Geimany, Mos
cow reports said today.
Crater Lake Park
Roads Reported Clear
Klamath Falls flJPD Roads
were reported clear in Crater
Lake National Park today
with total snow depth only 15
inches, not enough for good
skiing. The 'weather today
was sunshiny.
Helicopters Grounded
By Fog Near Shasta
Mt. Shasta, Calif.-nJPD-Five
Army helicopters which land
ed north 'of here Thursday
were waiting today for a
thick fog to lift before contin
uing their journey to Ft.
Lewis, Wash.
' The 'copters landed at the
Faun Club about five miles
north of here because of fog.
The group of 'copters and six
airmen are en route to Ft.
Lewis and Ft. Worth, Texas,
under command of Capt. J. C.
Claunch.
Portland-DPD-The 25th an
nual meeting of the Inland
Empire Waterways Associa
tion will be held here Dec.
11-12.
MEDFORD, OREGON, FRIDAY, NOVEMBER 21, 1958
Urn "
o
CARIL FUGATE
Answers Own Question
Caril Ann Fugate
Found Guilty of
1st Degree Murder
Life Sentence
Imposed by Jury
Lincoln, Neb. -(UPD- A dis
trict court jury today convict
ed 15-year-old Caril Ann Fu-g-jte
of . first-degree ',. murder
and imposed a sentence of life
imprisonment on the tiny
eighth-grader.
Under Nebraska law, the
jury's life sentence is binding
upon the court.
L Caril, who broke into hys
terical sobbing, asked: . "If
they thought I was guilty,
why didn't they give me the
electric' chair?"
She f answered her own
question by adding: "They
couldn't give me the chair be
cause they knew I wasn't guil
ty." Companion Waits Appeal , .
: Caril specifically was con
victed of aiding and abetting
mass slayer Charles Stark
weather - her red-haired boy
friend - in the murder of
Robert Jensen, 17, Bennet,
Neb.; last Jan. 27.
' Starkweather was convict
ed of the Jensen murder May
23 and sentenced to death in
the electric chair. He now is
awaiting an appeal to the Ne
braska Supreme court.
Sobs Hysterically
Caril buried her face on
the shoulder of Defense Attor
ney Merril Reller and wept
convulsively as the verdict'
was read in the tense atmo
sphere of the courtroom.
The sound of her hysterical
sobbing was the only noise in
the deathly still room. Reller
patted her shoulder comfort
ingly as the gym jurors heard
their verdict read by a court
aide.
Assault Trial Is
Postponed in Court
Bert W. Riebe,' 1117 Reddy
ave., is charged with assault
on a Continental Trailways
bus driver here last Thursday.
His trial will be Monday, Nov.
24, in Medford municipal
court.
Riebe was arrested yester
day by Medford police on a
charge of assault and battery.
He was released on $35 bail.
The bus driver, Frank Au
gustus Lindstrom, Sacramen
to, Calif., told police .last
week that he drove-his bus
into the Trailways depot at
Fifth and Front sts., opened
the door and was assaulted.
His assailant, Lindstrom re
ported, grabbed his necktie
and struck him in the face
with his fist, accusing him of
having nearly caused an acci
dent a short time before.
Riebe's arrest resulted from
a police check of the assail
ant's vehicle as Lindstrom
described it.
Riebe is commanding offi
cer of Company A, First Bat
talion, 186th Infantry, Ore
gon National Guard, Medford.
His rank is captain.
-fttf A TT
CM
Ashland Rezoning
Ordinance Upheld
By Circuit Court
Three Lots Rezoned
For Service Station
A recently passed Ashland
city ordinance designating
property on North Main st. as
part of a marginal business
zone was upheld by Circuit
Court Judge Orva J. Millard
yesterday. .
The rezoning . applied to
three lots to allow for con
struction of a Texaco com
pany service station at the
corner of Hersey and Main
sts., Ashland.
Carl H. and Dorothy Thom
as filed the complaint in cir
cuit court opposing the
change, which would affect
their property across the
street from the proposed sta
tion. , '.
Representing the Thomases
were Ben Lombard, and Rich
ard C. Cottle, Ashland . attor
neys. Harry A. Skerry Jr.,
Ashland city attorney, was
representing the city of Ash
land. Van Dyke, Dellenback
and McGoodwin, Medford at
torneys, represented the Tex
as company as the intervenors
in the suit, and property own
ers . who . favored the zone
change.
Rezoning Not Improper .'
The court held that the re
zoning was- not an . improper
exercise of police powers and
did not constitute spot zoning.
It also maintained that two
amendments to the , original
zoning ordinance were invalid
as claimed by the Thomas
complaint. ' ? ,
The court held that since
the question of the rezoning
was debatable, the decision of
the city council was binding
and the court did not have the
power to change it or to re
move power from a legisla
tive body like the city council
which was elected by the peo
ple. Judge Millard's decision
lifted the injunction against
issuing a building permit for
erection of the service sta
tion. i :
Not Spot Zoning
Frank J. Van Dyke, repre
senting property owners fav
oring the change, contended
the ordinance did not involve
spot zoning, since land in
question was adjacent . to a
commercially zoned area. He
also argued that property in
volved was affected by the
new four-lane highway, which
changed the status of the
street. A safety factor is in
volved, he said, since no ser
vice station is" available for
northbound traffic for 3,200
feet. ,
The Ashland planning com
mission held two hearings on
the proposed zoning in Janu
ary. Petitions were later pre
sented for and against the
zoning before the city coun
cil. The city council passed
the ordinance on Feb. 18 and
the suit was filed in circuit
court before it became effec
tive. Judge Millard substituted
for Judge Edward Kelly, who
disqualified himself.
Russia Virtually
Writes Olf Talks
Geneva-(UPD-The Soviet Un
ion virtually wrote off the
conference on surprise attacks
today as "pointless and even
harmful." It accused the West
of using the meeting to fish
for Soviet military secrets.
Western conference sources
said the attack, carried' in the
Soviet government newspaper
Izvestia and broadcast by Mos
cow radio, boded ill for the
future of the talks. The Soviet
delegate today said practically
the same thing as Izvestia
though in milder terms.
The conference delegates
met for an hour and a half
today, but made no progress.
Tribune
"Ah Yes We'll Take
Highest
Ma
jor Emphasis Is
On Academic Plan.
Businessmen Told
Major emphasis in Med
ford public schools is on the
academic program, Dr. Leon
ard Mayfield, superintendent
of Medford schools, told a
group of downtown business
men participating in Education-Business
Day yesterday.
Dr. Mayfield said all other
activities such as vocal and
instrumental music programs,
the athletic program and pub
lic speaking, are kept in bal
ance with the academic pro
gram. School administrators feel,
he said, that anything the dis
trict undertakes for the chil
dren should be done the best
the district can do. "People
can say we have the best band,
orchestra or football team in
the state, but we want to be
sure they also can say we
have the top academic pro
gram in the state," Dr. May
field said.
New Addition
He mentioned the new in
dustrial arts addition at Med
ford High school, and courses
offered a select group of stu
dents which are considered on
a college level.
Forty-four businessmen, af
ter registering at Hedrick Jun
ior High school's little theater
Medford Firemen
Seek More Toys
Another appeal for broken
or discarded toys has been
made by the Medford fire de
partment. Firemen repair and paint
the toys for distribution by
Lady Lions as Christmas gifts
to needy youngsters. !
All kinds of toys and games
are requested. Residents of
the Medford area are asked
to bring them to the main fire
station at Third and Front
sts. Firemen said that re
sponse to previous requests
has been slow so far this year.
More contributions at this
time would expedite the
project.
WEATHER
FORECAST: Valley fog tonight
and Saturday morning. Variable
high cloudiness above the fog.
Little temperature change. Low
tonight 38. High Saturday 55.
Temp.
Highest Yesterday ' 57
Lowest this Morning 36
Our Skies Tonight
Sunset today
4:45 p.m.
7:11 a.m.
Sunrise tomorrow
Moonset tomorrow 3:34 ajn.
Full Moon Mot. 26
PROMINENT STARS
Altair, low in west 9:18 p.m.
Spica, rises 4:32 a.m.
VISIBLE PLANETS
Mars, high in south
east :5S p.m.
Jupiter, rises 6:24 a.m.
Price 10 Cents
No. 208
It Up at the Very
Level"
4lt W MMn4
room, were divided into 10
groups and transported to ele
mentary and secondary
schools by school buses in the
district.
Dr. Mayfield and Elliott
Becken, assistant school su
perintendent, discussed and
presented various aspects of
the school program at an as
sembly of businessmen at
Hedrick. Among items dis
cussed were school financing,
costs, construction, the tax
picture, school personnel, and
subjects concerning academic
problems.
Illustrate Work
Charts illustrated the type
work being done in the school
district, showing the results of
academic education, and
where Medford ranks with na
tional norms.
Businessmen visited the
schools to observe actual in
struction as well as touring
the plants and other facilities.
Education - Business Day
ended with businessmen being
guests of faculty members for
lunch, during which they ob
served the school's hot lunch
program. A
Principals reported today
they found businessmen to be
well informed and interested
in school problems. Becken
said school staff members ex
pressed gratitude for the ex
perience, both in September
during Business - Education
Day, and yesterday.
Yesterday's visit to schools
by businessmen was the coun
terpart of Business-Education
Day, when school teachers
from Medford schools visited
local business firms" to be
come acquainted with ' how
they are operated.
thiol
Dying Pear Tree Problem
Aired by Horticulturists
Corvallis-OJPD-The oroblem
of the dying pear trees in the
Pacific Northwest occupied
the attention of growers here
Thursday at the 73rd annual
Oregon State, Horticultural
society meeting.
Cause in Root Stock
Dr. L. P. Batjer of the agri
cultural experiment station
at Wenatchee, Wash., said the
decline of pear trees started
eight years ago in central
Washington. He said research
indicated that the decline
was caused in root stock but
that experiments have failed
to turn up anything to reha
bilitate the dying trees.
Dr. Batjer said growers
must remove damaged trees
and reset new ones. "This has
caused considerable loss in
Court Test Said
Due on Legality
Of Appointment
Hatfield 'Sorry'
Personality Injected
Salem - (UPD - Democratic
Gov. Robert D. Holmes Thurs
day night named Dave
O'Hara, 71-year-old Republi
can and former head of th
State Elections Division, as
his choice for secretary of
state when Mark Hatfield be
comes governor Jan. 12.
A court test of whether
TTrklmAC has iVio vicryl -
" i. wgut, hi uauw
a successor to Hatfield is ex
pected. Holmes said Thurs
day night he had the right and
secretary of state.
Hatfield, 36-year-old GOP
secretary of state, defeated
Holmes for the eovernorshiD
O'Hara said he would b
"happy" to assume the posi
tion. The retired state em
ployee started to work in the
secretary of state's office in
1915 after graduation from
Willamette University law
school.
Hatfield Comments
Hatfield indicated a court
test would be upcoming. He
said "the appointment of a
secretary of state still remains
a matter for the courts to de
termine ... I am sorry that
Gov. Holmes has now in
jected personality into a ques
tion of law because the case
still must be decided on its
legal merits, not on politics
or personalities." He referred
to O'Hara as a man "much be
loved by both parties."
Holmes had said earlier in
this week his legal advisor
was, studying to see if he
could appoint a Democrat to
the position. Sen. Richard L.
Neuberger (D-Ore.), author of
Oregon's 1953 succession law
when he was a state senator,
said that whoever succeeded.
Hatfield must be a Republi
can unless the law were de
clared uncqnstitutionaL
Holmes said Article 5, sec
tion 16 of the Oregon con
stitution imposes upon the
governor the power and the
obligation to fill a vacancy in
any state office by appoint
ment as soon as the vacancy
occurs.
Hatfield Must Resign'
Holmes said the constitu
tion and precedent made it
clear that " Mr. Hatfield
must resign in writing as sec
retary of state before he is
eligible to accept the office of
governor, and that his resig
nation must be submitted in
good time directly, to me as
the present governor despite
any stratagems by which eva
sion of the letter and spirit of
the constitution may be at
tempted in the timing and
phrasing of that resignation.
I shall thereupon proceed to
appoint Mr. Hatfield's succes
sor." .
O'Hara said "I have no po
litical ambitions and my ob
jective if the appointment
materializes would be to serve
the people of Oregon faith
fully and conscientiously."
He added, "I would be my
own master ..."
Holmes said too much
power would be placed in the
hands of one man if a secre
tary of state could become
governor' and then name his
successor.
Hatfield said that advice of
his counsel "confirmed that
I have the power to appoint
my own successor."
Wesf Coast Airlines
Machinists on Strike
Seattle-fllPD-Members of dis
trict 141 of the International
Association of Machinists em
ployed at West Coast airlines
went on strike at midnight
Thursday.
However, the company an
nounced it will operate lim
ited schedules using supervi
sory personnel.
pear tonnage and the loss in
trees has amounted to approx
imately $1 million in Wash
ington." The Oregon loss was
said to be about the same.
Annual value of pear and
other tree fruits in Oregon is
estimated at from $30 to $40
million.
Fulltime research on the
problem is underway.
Medford Man Speaks
Dr. R. C. Blake, horticultur
ist from Medford, said a pre
liminary study indicated four
of five orchards which had
large numbers of declining
trees had excessively high wa
ter tables. He said injury to"
the root systems could have
resulted from this but he said
there was no conclusive
proof.
'i