M
ites
Wth
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SHARPSHOOTER Ray Harp, 901 West
10th St., Medford, displays the pelt of an
unusually big coyote that he bagged with a
shotgun while hunting near Table Rock rd.
on the Rogue river this week. Harp said
pen Doorway (Partially
Blamed for Death Toll
Sweet Gum Trees to
Be Planted
One hundred sweet gum,
or liquidambar styraciflua,
trees, the first of the large
orders of trees for Medford's
street tree planting program,
have arrived at Southern Ore
gon Nursery, the Medford
street tree committee has an
nounced. Four streets in Medford
have been designated fof
sweet gum tree planting, in
cluding Pennsylvania st. be
tween Oakdale and Rose aves.,
Siskiyou blvd.. Black Oak dr.,
and Country Club dr.
The remainder of Pennsyl-
Festival Fund
Nears Half Mark
Contributions to a new
theater building for the Ore
gon Shakespearean Festival
neared the 50 per cent mark
today, when a total of $135,
992.93 of the $275,000 cam
paign goal was reported at a
luncheon in the Red Cross
building here.
The total contributed from
Medford sources is now $43,
748.50; Ashland's contribu
tions total $39,376.09, for
which funds are available to
match that. ,
A total of $10,712 was add
ed in the special gifts division
bringing that division's total
to $36,542; and $2,240.25 was
added to the out-of-town
gifts, bringing that total to
$5,767.75.
In material gifts, $2,642
was added today, bringing the
overall total to $5,042.
The building fund cam
paign started in mid-November,
and is expected to be
completed by Christmas. Al
fred S. V. Carpenter, Med
ford, is general chairman.
The campaign is being con
ducted to raise funds for con
struction of a theater build
ing at Ashland to replace the
Festival theater torn down
after last season's plays.
Circuit Court
Subdivision
Requiring a subdivider to
dedicate land for park or rec
reation purposes, or pay a
cash equivalent, recently was
upheld by a circuit court
judge in Multnomah county.
The proposed subdivision
ordinance for Medford in
cludes a comparable provis
ion. The city's recently-created
parks and recreation commis
sion has sought information
on whether it is considered
constitutional.
The proposed ordinance
will be discussed tonight at a
joint meeting of the council
men and planners in city hall.
The decision upholding
Multnomah county's require
ment is reported in the cur
rent newsletter of the League
of Oregon Cities. That county
in City
vania st. is under study by
landscape architects to de
termine the feasibility of us
ing .sweet gum to the end of
the street, the committee said.
Width of the street, overhead
lines and view all must be
considered before a specific
tree can be recommended. "
On Pennsylvania st., the
trees will be planted between
50 and 60 feet apart, but on
other streets the plantings
will be 75 to 80 feet apart,
because of the view, the com
mittee said.
" The first two sweet gum
trees were planted last week
end by Stanley C. Jones, 512
Pennsylvania st., who ' has
agreed to help coordinate
plantings along the street.
The sweet gum grows to a
height of about 40 feet with
a spread of 8 to 25 feet, the
committee noted. In the fall,
it has a crimson or yellow
coloring and is regarded as
one of the most attractive ac
cent trees. The tree is adapt
able and tolerates both heat
and cold, the committee said.
Specific information on
planting trees is available
from the tree committee or
from County Extension Agent
C. B. Cordy. Volunteers are
now contacting residents along
the streets where sweet gums
may be planted, but those who
are not contacted may obtain
information from Bob John
son at SPring 3-5018, or Paul
Jorgenson at SPring 2-9572
in the evening.
BULLETIN
Washington -OJPD- Presi
. dent Eisenhower today
transferred control of the
Jet Propulsion Laboratory
at Pasadena, Calif., from
the Army to the National
Aeronautics and Space Ad
ministration, but retained "
the Army ballistic missile
program under Army con
trol. Upholds
Requirement
requires $37.50 per lot as the
alternative to dedicating land.
Circuit Court Judge James
W. Crawford held the regula
tion to be a valid' exercise of
the police power and not a
taking without due process.
He also held it to be a regula
tion and not a tax, as the
plaintiff had maintained. '.
He based his Nov. 20. opin
ion on.ORS 92.044, which au
thorizes cities and . counties
alike to regulate subdivisions
in this manner:
"Where the additional stan
dards are ' considered . neces
sary to carry out develop
ment patterns or plans and to
promote the public health,
safety or general welfare."
The statute includes educa
tional and recreational needs
among those that regulations
can provide for.
after he shot the animal once, it charged
him and it took the remaining shells in his
automatic to bring it down. He collected a
$5 bounty from the county.
Flames, Gases
Allowed To Reach
Upper Classrooms
Chicago - (DPD - Fire experts
speculated today that an open
doorway at the head of a
stairs turned the second floor
of Our Lady of the Angels
school into a furnace of death
for 87 children and three
Roman Catholic nuns.
But they disagreed as to
whether doors actually hung
in the doorway Monday when
flames, possibly touched off
by a youngster's carelessly
tossed cigarette shot up the
starwell from the school base
ment and pushed suffocating
hot gases through six class
rooms. The office of Coroner Wal
ter J. McCarron announced
the inquest would begin
Wednesday, Dec. 10.
Two investigators of the Na
tional Fire Protection associa
tion said they found that there
were two heavy wooden doors
at the head of the stairs and
that they had been wedged or
hooked open.
No Evidence of Door
But Deputy Fire Commis
sioner Albert H. Petersen said
city fire investigators found
no indication that there was a
door at the landing.
He said "if there was a
wooden door we would have
found evidences of it such as
hinges and had there been
a steel door I assume it would
have remained."
, Petersen agreed with the
association investigators that
if the doorway had been
closed off, the fire toll might
have been considerably less.
Percy Bugbee, general man
ager of the association, said
"a simple blunder of open
doors appears to be the major
cause of the heavy loss of
life."
Officials View Ruins
"The simple precaution of
keeping these second floor
landing doors closed would
have kept the intense fire and
hot gases out . . . for many
precious minutes," Bugbee
said in Boston. "In all likeli
hood every classroom could
have been emptied in time."
California Fire Marshal
Joseph Yockers and three
Cedar Rapids, Iowa,- fire of
ficials toured the blackened
ruins in the hope of learning
lessons that could be put to
use in their schools back
home. Fire experts from other
cities were expected to make
similar inspections.
(See Stories on Page 8)
53rd Year
M
EDF0RD
Pages
Phoenix Named in
Court Suit Over
Sewer Assessment
Decree Sought To
Stop Sale of Land
A complaint has been filed
in Jackson county circuit
court by Alex and Jean P.
Baldigan, Phoenix, against
the city of Phoenix involving
a sanitary sewer system as
sessment.
The Baldigans seek a de
cree from the court enjoining
the city of Phoenix against
selling or attempting to sell
their property or enfoncing
collection of the assessment.
The cost of constructing the
trunk sewers was $38,167.87
and the lateral sewers about
$61,470, the Baldigans allege.
The Baldigans state that
part of their property against
which the assessment is lev
ied was sold and the city was
notified of the change of
ownership on Oct. 5, 1957.
The Baldigans then asked that
Phoenix give them the segre
gated total of the assessment
between the two properties.
Figure Assessment
The property owners charge
that they figured $977.25 is
what the assessment would be
on the parcel of land they
own and paid $48.87 -as the
first installment under the
Bancroft plan. However, this
was refused by the city, they
claim. -
The Baldigans claim they
are not benefited by the sew
er construction since the city
neither has any right to the
disposal of sewage nor owns
a sewage disposal plant. The
city uses a trunk line which
extends through the South
Bear Creek sanitary district
into the Medford-sewage sys
tem. Medford has terminated
the contract with the sanitary
district, but it continues to re
ceive sewage into its system
and the sanitary district is
still paying for the disposal
of it, a Phoenix spokesman
said.
Because of the contract ter
mination, the Baldigans claim
Phoenix has no right to sew
age disposal.
Building Planned
For BLM Offices
A 14-room building to
house the Medford off ices"of
the bureau of land manage
ment will be constructed at
the City Office park, corner
of Barnett rd. and South Riv
erside ave., it was announced
today.
Bids will be opened Wednes
day, Dec. 10, at 3 pjn. for the
building.
The one-story building will
be owned by O. L.' Williams
and will be leased to the Gen
eral Services administration
for BLM. The structure will
be of brick and be 200 by 40
feet. BLM is tentatively
scheduled to : occupy the
building March 1, 1959.
BLM's offices are now on
the third floor of the city hall.
The city of Medford is expect
ed to move some of its' depart
ments on the second floor to
the top floor, City Manager
Robert Duff said.
'I Don't Quite Know How To Tell You This "
MKMtlMWniil
MEDFORD, OREGON, WEDNESDAY, DECEMBER 3, 1958
' ''
BRIAN B. MULLEN
Deputy District Attorney
Medford Man
Named Deputy
District Attorney
Brian B. Mullen, Medford
attorney, will be the new dep
uty district attorney for Jack
son County, District Attorney
Thomas J. Reeder announced
today. .
Mullen will start work in
the courthouse on Monday,
Dec. 15, Reeder said. He will
serve as second deputy.
Gerald Scannell, now sec
ond deputy, will be promoted
to first deputy district attor
ney, Reeder explained. Scan
nell will replace John C. An
icker, who is leaving this
month to work for an Oregon
City law firm.
Mullen, 27, is a graduate of
Southeast Missouri State col
lege where he received a bach
elor, of arts degree in 1951,
and of the University of Mis
souri law school at Columbia,
Mo., where he received his
law degree. While attending
Southeast Missouri, Mullen
was a member of Sigma Tau
Delta, honorary for English
majors.
The new deputy district at
torney passed the Missouri bar
examination in 1954. Follow
ing ' that he served with the
U.' S. Army for two years. He
passed his Oregon bar exam
ination in 1957 and has been
practicing law in Medford for
a year.
DOW-JONES AVERAGES
New York -OIPD- Dow
Jones final stock averages:
30 industrials 558.81, up
0.24; 20 railroads 154.05, off
0.27; 15 utilities 86.06, up
0.15; and 65 slocks 194.22,
up 0.03. Sales. today were
about 3,460,000 shares com
pared with 3.320.000 shares
Tuesday.
WEATHER
FORECAST: Variable cloudi
ness . and mild temperatures
through Thursday. Patchy val
ley fog during late night and
early morhing hours. Low to
night 42. High Thursday 65.
Temp.
Highest Yesterday 65
Lowest this Morning' 41
Our Skies Tonight
Sunset today ...r 4:39 p.m.
Sunrise tomorrow 7:24 a.m.
Moonrise tomorrow .12:12 a.m.
Last Quarter tonight 5:24 p.m.
PROMINENT ' .
CONSTELLATION
Orion, in the soth-
east .. -10:35 p.m.
VISIBLE PLANETS
'Mars, high in south
east . :. 8:56 p.m.
and high in southwest 11:46 p.m.
Jupiter,- rises 5:51va.m.
ivtf A tt
40 Homes Burned
As Malibu Flames
Go Uncontrolled
2,000 Firefighters
Fail To Hold Lines
Malibu, Calif .-(DPD-An out of
control fire gorged on 20,000
acres of brush and watershed
today, destroying 40 homes,
including those of movie per
sonalities, and sending flames
licking toward the Pacific
ocean.
As the some 2,000 firefight
ers battled the blaze on a 40
mile perime.ter, there were en
couraging developments. Pre
viously gale force winds dim
inished to 25-35 miles per
hour. Concentrated aerial
bombing with a water-borate
solution was proving effec
tive. More Homes Threatened
But there was still a, threat
to hundreds of homes, "includ
ing those of the exclusive Mal
ibu Beach colony often the
summer playground of movie
stars. More than 2,000 persons
had been evacuated from the
area.
Movie stars joined their
neighbors in the fight against
fire. Roofs of homes were wet
ted down with garden hoses,
and backfires were started to
drive the flames back across
the Pacific Coast highway,
which was cut off to traffic
from Topanga Canyon east
of here to Pt. Mugu, some 20
miles north.'
The flames leaped Pacific
Coast Highway and moved to
ward the Malibu colony.
Equipment diverted to the
area at least temporarily
stopped the wall of flames
100 yards short of an emer
gency hospital and shop build
ings edging the colony.
Pumper units patrolled the
vital Malibu Canyon road,
spearing their plumes of wa
ter as minor patches of flame
leaped over. Fire officials
feared that if the canyon road
were bridged the flames
could spread into heavily
populated areas.
At least a dozen firemen
suffered burns and hundreds
of others had their eyes treat
ed for smoke damage. .
Trial Expected to
Last All Week
The non-jury trial of the
State vs. the California Ore
gon Power company is ex
pected to continue through to
Friday, according to" Jackson
county circuit court- observ
ers, i
Hearing the case is Circuit
Judge Orval J. Millard of the
first judicial district.
The state is asking that
$40,682.40 be paid the state
forestry department in fire-,
fighting costs by the Cali
fornia Oregon Power com
pany. The state alleges the costs
were incurred during the
Sykes creek fire on Sept. 5,
1955, when 4,200 acres of for
est land were burned. Copco
has one of its transmission
lines through the fire area,
the state alleges.
. Warren Dresbach, who lives
at the scene of the fire testi
fied yesterday " concerning
strong wind which helped
start the fire. Another wit
ness, Mrs. Ruth Davis, gave
similar testimony.
Dresbach continued his
testimony this morning. Don
ald Maus, state forestry de
partment official, told of his
examination of the area and
pictures he took while flying
over it.
Temperature Sets
New Record in City
Yesterday's 65-degree tem
perature set a new record for
the date and today's maxi
mum is expected to establish
a hew high for Dec. 3 for the
Medford vicinity.
The 65 reading yesterday
was the highest for the Med
ford weather station for Dec.
2 since a 63 maximum on the
date in 1915.
Temperature today is ex
pected to reach 65 degrees,
compared to the previous high
for the day of 58 on Dec. 3,
1945.
Portland-(UPD-The 43rd an
nual convention of the Ore
gon State Sheriffs, associa
tion is under way here.
Tribune
Flames
laker Sieiriss
f;j3
HENRY C. HERZOG
Domiciliary Manager
New Manager of
Domiciliary To
Take Oyer Jan. 1
Camp White - Henry C
Herzog, recently appointed
manager of the VA Domicil
iary, will assume his duties
here Jan. 1, Acting Manager
Banks I. Paul announced to
day.
Herzog has a background of
experience as lieutenant col
onel of the Army Air Corps
during World War II, and as
assistant manager of the VA
Hospital and Domiciliary,
Wadsworth, Kan., since 1946.
He succeeds Eugene K.
Ricker, who retired in June
after five years as manager
during a period of extensive
building development. Paul,
who has served as manager
for the past six months, will
retain his position as assistant
manager.
Community Affairs
Herzog is a member of the
Elks and the American Leg
ion. He was active in com
munity affairs and recently
served as instructor of civil
affairs and military govern
ment at the Army Reserve
school at Kansas City, Kans.
Herzog was the ranking
member of the 1944 class at
the Command ' and General
Staff college, Ft. Leaven
worth. He joined with the Vet
erans administration after the
war and was assigned as per
sonnel officer at Ft. Washing
ton, Md., before being trans
ferred to Wadsworth as assist
ant manager.
Herzog, 50, is a graduate of
the University of Alabama.
He taught for several years
and was employed at one
time by Western Electric com
pany, Kearney, N. J. He was
born at East Orange, N. J.
Herzog is a member of the
American College of Hospital
Administrators.
Portland (DPD Delegates
from seven states . met here
today to start forming a new
Western States Regional
Council of the International
Woodworkers of America'.
Councilman Says Ballot Measure Is Not
Tax Measure; Explains Reason for Move
The ballot measure to
amend the city charter which
Medford voters will decide in
a special election Dec. 10 is
not a tax measure and should
not be construed as such, Act
ing Mayor Paul Meyers, coun
cilman from Ward IV, said
today.
Meyers spoke at a meeting
of a citizens' advisory com
mittee on parking which met
to discuss ways of expediting
the educational program rela
tive to the ballot measure.
The councilman noted that
"months of study and survey
work" by municipal planning
leaders has been done to
formulate an overall plan "to
keep our growing city strong
and progressive. Most of the
plan hinges on. the provision
for adequate parking, and
specifically, it hinges on the
formal approval of the char
ter amendment," he said.
Price- 0 Cents
No. 218
Half-Block Area
Wiped Out by
Costly Blaze
Damage Figured at
Half Million Dollars
Baker-(UPD-Fire wiped out
half a downtown block on
Main street here Tuesday
night and heavily damaged
other businesses on the block
before being controlled about
10:25 p.m.
First estimate of total dam
age was "conservatively" set
at half a million dollars.
Initially destroyed by the
blaze was a building housing
a drug store in the middle of
the block and office upstairs.
The Oregon Motor club build
ing next door and an insur
ance agency also were gutted.
Bank: Hit
The blaze burned the roof
and a wall of the First Na
tional bank, a regional maga
zine agency and Moose lodge.
Heavy water and smoke and
some fire damage was report
ed at the H. C. Stevens De
partment store, Reed Furni
ture company, Baker State
bank and the Baker Business
college located over the state
bank and the furniture store.
The fire was thought -to
have spread from the base
ment of the drug store.
Two firemen narrowly es
caped when a wall of the First
National bank collapsed while
they were spraying it with
water. No injuries were re
ported. The flames were first
noticed about 6:30 p.m.
All available firefighters
and equipment from Baker
plus help from La Grande,
Union and Elgin fought the
fire.
Total loss in the drug store
was more than $250,000, ac
cording to owner Henry Lev
inger. Other available individ
ual estimates included: First
National bank, $20,000; Leo
Adler Magazine agency, $35,
000, and the Moose lodge,
about $3,000.
Warrants Served
On Weed Parents
Weed, Calif. -(DPD- Warrants
have been served on seven
adults following investigation
of what police termed a
pitched battle among four lo
cal high school girls Monday
night.
A complaint was filed in
Weed Justice Court by the
mother of one of the girls. The
girl spent Monday night in
Mt. Shasta hospital receiving
treatment for a black eye and
bruises.
Police said investigation in
dicated mothers of two of the
girls took their daughters to
the Weed school playground
and that the other two were
escorted by five young men.
The fight followed.
The warrants charged con
tributing to the delinquency of
a minor by permitting minors
to fight.
Commends Committee
Meyers commended the vol
unteer committee for its in
terest in the community pro
ject and cautioned members
to be alert to-unfounded
rumor or honest, misunder
standings which could detract
from the faithful presentation
of the facts. ' . .- "
He explained the planning
which preceded the adoption
of the wording of the charter
amendment and emphasized
the following points: .that it
is not a tax measure; that it
is a charter amendment, and
as such requires a vote of the
general electorate; that adop
tion of the amendment will
provide for the regulation and
direction of orderly develop
ment of off-street parking in
Medford, and only that; and
that limitations imposed by
the amendment are thought
ful safeguards to restrict fu
ture council action to the
Rum
West Coasf Site
To Send Monkeys,
Mice Into Space
Objects Will Be
Returned To Earth
Washington -(DPD -The De
fense Department announced
today it will launch a series
of satellites with mice and
monkeys aboard in an effort
to learn how to put a man
into orbit and get him back.
- The program, called proj
ect Discoverer, will be car
ried out at Vandenberg Air
Force Base near Lompoc,
Calif. The first shot of the
series will be fired in about
30 days.
Project Discoverer will use
proved military rockets capa- ,
ble of putting as much as five
tons of payload into an orbit
around the earth. Russia's
Sputnik III satellite weighs
about a ton and a halt The
heaviest U.S. satellite weighed
about 38 pounds.
The first moon of the new
launching series will be fired
into orbit late this month or
early next. It will weigh about
1,300 pounds.
Roy W. Johnson, director
of the Pentagon's Space Agen
cy, said further launchings
may be expected at the rate
of about one a month in 1959.
Animals To Return .
In disclosing the plan to
use mice and monkeys as
satellite "crews" during Proj
ect Discoverer, Johnson said
space experts believe they
can bring artificial moons
back to earth and land them
within 200 miles of a desired
point.
Johnson said no attempt
will be made to put a man in
orbit in 1959. And the first
animals, he said, probably
will not go aloft until the
fifth or sixth launching in the
series.
Project Discoverer plans
now cover only next year, but
Johnson said he expects it to
continue indefinitely.
Its main purpose, he said.
is to develop "useful informa
tion" for putting a manned
satellite into orbit and bring
ing it safely back. .
Johnson said Project Dis
coverer will be "the largest
single item" in the advanced
research projects agency's
$460 million 1959 budget He
refused to estimate the cost
more precisely, or . to say
whether the amount will be
more or less than $100 mil
lion.
Pinball Machine
Destroyed Today
A pinball machine confis
cated in October from Valley
Billiards, Central Point, was
broken up by Jackson county
sheriffs deputies this morn
ing.
Sheriffs Officers Glenn
Wright and Veryl Vanoose
destroyed the machine with
sledge hammers at the Med
ford city garbage dump off
Barnett rd. The pinball ma
chine was confiscated earlier
by Central Point police on
orders of the Jackson county
district attorney's office.
Monday, the proprietors of
Valley Billiards, Ernest Lytle
and Aylmar Ditmanson, plead
ed guilty in district court to
charges of possessing and dis
playing a game of chance.
Each was fined $150 by Judge
James M. Main.
The complaint filed against
the two men was signed by
Central Point city police. -
Portland (DPD Officials of
colleges and universities from
the Pacific Northwest and
Alaska met here today to dis
cuss methods of easing the
high cost of education.
specific task outlined.'
Meyers said the city ad
ministrative staff is now out
lining a suggested assessment
district for. the downtown
core area and would probably
release the information by this
week end. .
Phase Is Conditional
He noted that this phase
was conditional upon approval
of the charter amendment,
but was being compiled at
the request of those who
wanted assurance of the pro
jected business area ; which
would be affected.
The exact boundaries still
would be subject to issuance
of the proper ordinance and
call for hearing for the af
fected benefited properties,
Meyers pointed out.
Meyers said any 1 council
man or members of the com
mittee would be happy to an
swer any questions concern
ing the measure.