MAIL TRIBUNE, MedforJ, Oregon, Tuesday, December 16, 1958
Oral Agreement Terms Provide
Five-Foot Setback, New Fence
(Continued from Page 1)
Meanwhile, Boyce reported
ly shaved a foot from each
unit to reach a five-foot set
back and ordered cyclone
fencing to be installed along
the side lot lines at a height
of four feet. These, it is under
stood, are the terms of an oral
agreement reached with the
two adjoining property own
ers, who agreed in return to
withdraw their objections.
No written agreement
among the three 'parties has
been reported as yet, how
ever. Meanwhile, the units are
still at least five feet short
of the required setback, Ba
shaw told the planners.
Variance Permitted
The zoning ordinance per
mits a variance when "hard-
shio amounting to the prac
tical confiscation of the prop
erty" would otherwise result
Bashaw pointed out that since
th units were built on solid
rnnrreto blocks the cost of
moving them back another
five feet would appear to De
nrnhihitive.
He said the situation would
thus qualify for consideration
of a variance, "li tne ouua
ings are permitted to remain,'
he said, "it should be sane
tioned bv law."
Hp said that City Manager
Robert A. Duff, currently out
of town, had asked him to
wialro thp reauest.
Under normal procedure, if
the variance were approved
the Dlanners their recom
mendation would go before
the city council for further
consideration by tnat toay.
The fate of the court action
remains uncertain.
Wilkes based his objection
4 th. nark reauirement in
z
the proposed subdivision ordi
nance on a recent aecision w
Multnomah county in which
a circuit judge upheld such a
requirement.
. Judge James W. Crawford
held that it was an exercise
of police power for regulation
rather than of the power to
tax. Hence, he said, no comT
pensation was necessary for
the property taken.
Seized by Power
MIf residential property can
be seized by police power for
park purposes," Wilkes told
the planners, "then business
property can be seized by po
: lice power for parking pur
poses. "If this Is to become the
policy of Medford, then suit
able portions of each down
town block can be seized,
cleared off, paved and the off
street parking problem solved.
'As Judge Crawford states,
since this is an exercise of
. police power no compensation
need to be paid.
"I think" you surely can
see this is a dangerous pol
; icy," he said, "and it certain
ly has no place in a subdivis
ion ordinance."
City officials are reportedly
still considering a list of 20
changes, mostly of a techni
cal nature, recommended re
cently by "four leading sur
veyors" interested in the pro
posed ordinance.
Request Refused
Following a lenjrthy public
heading, the planners turned
down a request by ueorge
Porter and others that several
tracts along Berrydale ave.
just off North Facitic mgn
h rezoned from single
family to limited light indus
trial.
A nrimarv consideration in
this decision was the inade
quacy of Berrydale at its pres
ent width and state of im
provement to accommodate
commercial traffic. Also con
siHprpd were the potential
danger to school children re
sulting from this traltic since
no sidewalks exist, and the
rmpstion of sewaee disposal.
The commission approved a
request by Nick Gier to re
zone his property on North
PaHfiV hiahwav from single
family to light industrial to
accommodate a trailer court
an sales aeency.
A request for a change from
single and two-family to lim-
, itprl commercial for the urive-
In Cleaners to permit a pick-
nn noint on East JacKson si.
was denied. Two petitions
from property owners and a
letter from Ward I Council
man Ed Hall was presented
in opposition.
Amendment Presented
An amendment to the zon
ing ordinance that would per
mit erection of single signs
in residential areas to adver
tise undeveloped subdivisions
was presented to the planners
by Bashaw. A public hearing
on the proposal was called
for the Jan. 12 meeting. Hear
ings on sign variance requests
for the Mont Crest and Brook
hurst subdivisions were con
tinued pending the action on
the amendment.
Also continued was a sign
variance request from the
First Church of the Nazarene,
520 North Holly st. It is un
'. derstood that a compromise
between the large sign re
quested by the church and the
limits of the zoning ordinance
is to be sought.
A one-year variance for a
Big Y Market billboard on
Crater Lake highway was ap
proved. A public hearing was called
for Jan. 12 on the rezoning
from single family to commer
cial for lots at the southeast
corner of Crater Lake ave.
and Roberts rd. and west of
Crater Lake between Covina
ave. and McAndrews rd.
Hearings on that date were
also called for the Eagles
property on Biddle rd., for
which a change from single
family to commercial has been
requested, and for property
at the northeast corner of Cra
ter Lake and Reddy aves.,
where a change from single
family to multiple family has
been asked.
The planners agreed to in
clude on the Jan. 12 agenda
the continued hearing on re
zoning the Luther M. Davis
property on Barnett rd. at
Bear creek from single family
to limited commercial to per
mit a motel and filling station,
This site is at the proposed
location of a freeway inter
change, and action has been
deferred previously pending a
decision on zoning policy for
interchange areas.
The commission asked fur
ther study by city officials of
the proposed dedication and
subdivision of a street south
of Spring st. and east of Cra
ter Lake ave. and the pro
posed dedication of Swing
lane.
Proposal Continued
Consideration of the pro
posal by Dr. L. Dow Inskeep
to dedicate a dead-end street
across his El Mar addition
property was continued to the
next meeting. Dr. Inskeep re
portedly proposes to dedicate
a 60-foot right of way to in
clude 40 Oriental Plain trees
and to rearrange property
lines along each side to form
lots larger than those origi
nally platted.
The street would run north
from Hillcrest rd. and stop 10
feet short of Capital ave. op
posite the city reservoir. Dr.
Inskeep said he hoped by
making it a dead-end to pro
tect children and pets and pre
vent hot-rodders from passing
through.
Since the trees are report
edly only 30 feet apart, the
street would have to be sub
standard in width.
New Plat Suggested
Planning Technician Ned
Langford, at City Manager
Duff's request, has recom
Oswego Residents
Not Wishing for
White Christmas
Oswego, N.Y. (UPD No one
here is dreaming of a white
Christmas.
With nearly a season's
worth of snow already on the
ground all the melodic senti
mentality in the world would
have a hard time getting any
one to wish for any more. The
85 inches of snow began fall
ing on Dec. 7.
For a while it brought nor
mal life to a standstill in this
northern New York commu
nity. And although normalcy
is slowly returning it will be
a long time before any one
will forget this particular
Dec. 7 and its aftermath.
The snow, piled into huge
drifts by winds and packed
into solid walls 15 feet high
by plows, brought hardship
and some danger to the 23,000
residents of this community at
the southeastern bend of Lake
Ontario. But no real crisis de
veloped.
Despite the tons of snow
which tell between Sunday
and Thursday, all but the sick
or elderly managed to get in
and out of their homes with
little trouble. Food and sup-
Medco Train, Car
Involved in Crash
Dimitri James Bolton, 53,
of 527 Spencer st., Medford,
yesterday escaped injury
when the car he was operat
ing was struck by a Medford
corporation train on Vilas rd.,
according to state police.
Police said Bolton was trav
eling east on Vilas rd and
noticed the train too late to
stop to avoid hitting the en
gine broadside. He attempted
to cross the tracks before the
train crossed the road, police
said, and the engine struck
the right rear of the car, spin
ning it around.
Engineer was Floyd Lenn
Hickman, 35, of 3 West Sixth
st., Eagle Point.
A car operated by Kenneth
Earl Fields, 30, of 806 East
Fifth st., Jacksonville, went
out of control and down an
embankment on Hanley hill
about 6:30 p.m. yesterday, po
lice said. He was not injured.
mended that the existing plat
be vacated and that a new
subdivision plat be submit
ted. The recommendation in
cludes the advisability of pre
serving the trees if possible.
The city's street tree com
mittee is reportedly interest
ed in their preservation too.
The planners granted final
approval to the Hillcrest Me
morial Park cemetery plat, to
be situated on North Phoenix
rd. about lVz miles southeast
of Medford.
Tentative approvals were
granted to Mark Goldy's pro
posed subdivision on Crater
Lake ave. at Buckshot rd.,
and to Grandview Unit No. 2
subject to vacation of the
Rogue Valley Heights Exten
sion plat.
16-Year-OId
Girl Weighing
14 Pounds Dies
Vine Grove, Ky. - (UPD - Fu
neral services were held to
day for Wanda Sue Hardy,
16, whose tragically tiny body
seemed to have been made
up almost entirely of heart
and courage.
Never in her life did Wanda
Sue weigh more than 20
pounds, and at death she
weighed just 14 pounds..
She was born an apparently
normal, healthy child, but at
10 months contracted whoop
ing cough. The disease left
her blind in one eye, and by
the time she was 3 she was
almost sightless.
She almost stopped grow
ing, and did not gain any
weight after that time.
Friendly Child
Doctors said her condition
could have been congenital,
or my have been the result
of a blood vessel bursting in
her brain during a whooping
cough spasm.
Although she could not be
very active, Wanda Sue was
always a friendly, cheerful
child.
Her father, James Hardy,
is a civilian employee at
nearby Ft. Knox.
The little girl required al
most constant care, which put
a heavy load on her parents,
unable to afford nursing help.
Mrs. Hardy was with her al
most every minute, except for
several occasions when the
strain brought on a break
down and forced her to go to
a hospital.
plies were available. It was
just a little more difficult than
usual to get them.
Until the end of the week,
for example, there was vir
tually no passenger car travel.
But anyone who wanted food
could get it by trudging waist
deep through the snow to the
city's main business area.
Police, Red Cross and civil
defense personnel were kept
busy bringing supplies to peo
ple who could not get out for
them. While many neighbor
hood grocery stores had to
close because of a lack of de
liverieSj supermarkets in the
downtown section operated as
usual.
A tavern owner reported
that at the height of the snow
siege, "business was twice as
good as any warm summer
day." He attributed his good
fortune to the fact that his
was one of the few establish
ments in the area which kept
a path open from the street,
where pedestrians found it
easier going than on the walks
to his door.
Although' many industries
were shuttered, along with all
schools in the city, the snow
provided work for many. Po
lice and firemen were kept
busy directing emergency
service for 18 to 20 hours a
day. And the regional un
employment office channeled
jobless workers to snow
shoveling chores at $2 an
hour.
It's hard to estimate the
cost of the storm to the city.
Mayor Vincen Corsall Monday
night asked the Common
Council for an -extra $20,000
to help handle the snow expenses.
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Larson Elected
President of
Safety Council
C. D. (Swede) Larson,
Pierce Freight Lines, Med
ford, has been elected presi
dent of the Medford Safety
Council for 1959.
Other officers named in
clude Ralph Matthews, trans
portation officer, Medford
public schools, vice president;
and Rudy Tetrault and Greg
Orr, members of the board
of directors.
Russ Jamison and Capt.
Clyde Fichtner, Medford. po
lice department, were reelect
ed secretary and treasurer,
respectively.
The council recently en
dorsed the National Safety
council s position that holi
day office parties should be
kept "dry."
Cites Several Examples
Berry Bigham, current
president, has cited "several
examples" of firms in this
area that have pledged them
selves to "dry up" their
Christmas parties.
The council . noted that
drinking drivers were involv
ed in more than 50 per cent
of the 273 Christmas holiday
accidents in Oregon last year.
These accidents resulted in
111 injuries and five deaths,
the council said.
The real traffic menace dur
ing the holidays, council
spokesmen stated, is the "so
cial drinker." They indicated
that business parties are the
source of many automobile ac
cidents at this time of year.
The council's new officers
are to be installed at the an
nual awards banquet, tenta
tively scheduled for Jan. 16.
The committee for the ban
quet includes Capt. Fichtner,
Elliott Becken, Sheriff-elect
Joe Walsh, Irean Grigsby and
William Bell.
Holiday Program
Set at Gold Hill
Gold Hill The annual
Christmas program for Gold
Hill schools will be held at
7:30 p.m. Thursday, Dec. 18,
school off icials h a v e an
nounced. The Patrick school program
will be divided into two parts
with the first grade imper
sonating Santa Claus' helpers,
and the second and third
graders depicting the Christ
mas story in scenes and music.
The reader will be Donald
Sizemore and the soloist will
be Carol Rosecrans.
The play, "Christmas at
Whitman's Mission, 1845,"
will be presented at 9:30 a.m.
Thursday and. again during
the program that night.
Participating in the morn
ing production of the play
will be Greg Applen, Toni
Morrow, Barbara Schatz, Bob
Turner, Steve Wakeman, Judy
Fisher, Glenda Callahan and
Linda Mitchell. In the eve
ning production, the cast will
include Ogden Kellogg, Karen
Patterson, Loraine H i x s o n,
Ronny Brown, Sherman Ki
ger, Penny Flenner and the
Misses Fisher, Callahan and
Mitchell. 1
About 85 fourth through
eighth graders will take part
in a processional and sing
Christmas carols and other
holiday favorites. The chorus
is composed of members of
music classes at Hanby school.
The Hanby school band also
will participate.
The Gold Hill Parent Teach
er association will furnish re
freshments following the pro
gram. Hammarskjold Eyes
MidEast Mission
United Nations, N. Y. -JUPD-Secretary-general
Dag Ham
marskjold today planned a
new trouble-shooting mission
to the Middle East to calm
the latest border flare-up be
tween Israel and the United
Arab Republic.
The Security Council, , dis
cussing Israel's charge of UAR
"aggression" for the second
day, decided late Monday to
turn the, case over - to the
Palestine Truce' Observation
Commission with Hammar
skj old's help.- ,
Hammarskjold will take on
his new Middle East mission
in connection with his custom
of spending Christmas with
the UN Emergency Force on
duty-in the Gaza Strip, along
the southern border of Israel
with the United Arab Republic.
Impersonation of
Daughter-in-Law
Leads To Arrest
Ventura, Calif. (UPD A 54-year-old
woman was jailed
here today for impersonating
her daughter-in-law, appar
ently in a bold attempt to
break up her son's marriage.
Police were investigating the
possibility that the younger
woman might have been kid-
Scientist Kills
Student Suspected
Of Coveting Wife
Berkeley, Calif.-(UPD-A sci
entist who befriended and
housed a student from Ger
many killed the University
of California junior today be
cause: he suspected him of hav
ing had a love affair with his
wife.
John W. Hampton, 31, a
Ph.D research scientist for an
oil company, told police he
had carefully planned to kill
Wolfgang Ludwig Marx, 26.
He had resigned from job
effective today.
About midnight, Hampton
said he finished his fifth mar
tini of the night, put a .22
caliber pistol in his belt, and
went stalking the campus for
Marx, who had a room in
Hampton's home. After search
ing in coffee shops and all
night bookstores he found his
victim working on an experi
ment in a third floor physics
laboratory in. LeConte hall.
Aimed for Heart
"We recognized each oth
er," Hampton told police. "We
were face to face. I was about
eight feet from him. My gun
was under my belt. I cocked
it and shot Marx, aiming for.
his heart. I cannot recall how
many shots I fired. After he
fell to the floor I walked
forward and fired at his
head."
A LeConte hall janitor saw
Hampton fleeing after the
slaying. A half hour later the
scientist returned to the build
ing and was captured in a
light-well where he was trying
to recover the pistol, thrown
there after the shooting.
Hamp'ton said he and his
blonde wife, Madeleine, 29,
had taken Marx into their
home in 1956. "At that time
he had an affair with my
wife," the scientist said. Marx
entered the U.S. Army at the
end of that school year, re
turning three months ago.
Wife Is Hospitalized
"They resumed their af
fair;" Hampton said. He said
he bought the gun a shprt
time after Marx returned.
Monday night he resolved to
kill the sudent.
When informed by police
of the laboratory shooting,
Mrs. Hampton gasped "Oh, my
God!" and collapsed. She was
hospitalized and was unable
to confirm or deny her hus
band's story of her alleged
affair with Marx.
The Hamptons have three
children.
Surprise Awaits
Gift Box Thief
Portland (UPD A thief who
stole two gift-wrapped boxes
from the 10th Avenue Smoke
Shop here Monday will be
disappointed if he waits until
Christmas to open them up,
the shop manager advises.
Both boxes were displays
only and empty.
Australia's crop area ex
tends about 22 million acres
and more are being added to
it year after year.
The nation's proved oil and
gas areas now comprise a
combined total of about 125
million acres.
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BY -
naped.
Olga Duncan, 30, wife of
Santa Barbara, Calif., attor
ney Frank Duncan, has not
been heard from since she
disappeared Nov. 17.
The mother-in-law, Mrs.
Elizabeth Duncan, was held
Monday after she was formal
ly charged with falsification
of evidence, forgery, perjury
and filing a false statement.
Police said she had imper
sonated her daughter-in-law
and hired a man to pose as her
son last Aug. 8 before attor
ney Hal Hammons where the
pair filed sworn papers to
have the marriage annnuled.
Appeared Before Judge
Hammons said they both
agreed to the annulment on
grounds the marriage had not
been consummated. '
The following day, the pair
appeared before Superior
Judge Perry Churchill who,
unaware of their real iden
tity, granted the "annulment."
The younger Mrs. Duncan,
a registered nurse who came
to Santa Barbara from Van
couver, B.C., and Frank Dun
can were married June 30, but
apparently they separated
some time afterward.
The missing woman's fa
ther, Elias Kupczyk, said Olga
had written letters telling of
abuses and threats by the
mother-in-law. He said he had
turned the letters over to
Santa Barbara authorities.
Kupczyk, of Benito, Mani
toba, Canada, said his daugh
ter left home five years ago
and became a nurse at Van
couver General hospital. She
went to Santa Barbara in
1957.
"In her last letter Nov. 12
she told us of her plans for
my wife to come and see her
when her baby was born in
January and my wife was
going to be with her at tne
time. That. was the last we
heard from her," Kupczyk
said.
Police said an inspection of
the missing woman's apart
ment shortly, -after she van
ished showed she had left her
passport, purse and many oth
er personal belongings behind,
FBI agents from Los Ange
les teamed up with local po
lice in investigating the dis
appearance.
Two Men Questioned
Special Agent D. K. Brown,
in charge of the Los Angeles
FBI office, said police have
uncovered evidence that "this
was not a voluntary disap
pearance." He refused to spec-
ulate on the possibility of foul
play. '
Meanwhile, authorities in
Santa Barbara were question
ing two men, Augustine Bal
donada, 25, Camarillo, Calif.,
and Luis Estrada Moya, 22, a
parole violator of Santa Bar-
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bara, about the missing worn
an. They were booked on sus
picion of kidnaping, police
said.
At the arraignment Mon
day, Municipal Judge Richard
C. Heaton set Mrs. Elizabeth
Duncan's bail at $50,000. Her
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...if possible, LEAVE YOUR
CAR HOME DURING THE
NEXT TEN DAYS. If you
live very far from the down
town business district, ar
range car pools with your
neighbors.
This cooperation will help to
relieve the acute parking
problem down town during
the Christmas rush. It will
provide added parking
places for the convenience
of shoppers and out-of-town
visitors,.who will greatly ap
preciate your courtesy.
son appeared In court to ask
for a bond reduction, but the
request was denied.
The man who played the
son's part at the "annulment"
procedure has been identified
only as "Ralph Roe." He was
still at large.
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