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24 PAGES
Senate May Cast
Ballots on Issue
Following Debate
Washington -4EPD- Th
Senate, after a day of bick
ering, today ' unanimously
put off until tomorrow a
showdown Tola on efforts
to change its rules to make
it easier to choke off fili
, busters.
Washington -fUPD The Sen
ate cleared the ,way today
for the first significant test
vote on the issue of amend
ing its rules dealing with fili
busters. The vote probably
will come late today.
It will center on a motion
by Democratic leader Lyndon
B. Johnson of Texas. John
son said he would allow both
tides in the dispute time for
debate and then call for a
test vote "late today or early
this evening."
At issue in the "controversy,
which broke out as soon as
the Senate convened for its
new session Wednesday, is a
demand by a liberal bloc that
the rules be revised to make
it easier to halt filibusters.
i Johnson will force the test
vote by moving to table a
resolution sponsored by Sen.
Clinton P. Anderson (D-NJVI.)
that would in effect allow
the Senate to adopt new rules
rather than carry over the
old ones from session to ses
sion. A motion to table means
an immediate vote must be
taken. It is not debatable.
Will Indicate Decision
The vote was expected to
give a clear indication of
what the Senate will eventu
ally do on the filibuster ques
tion. ; Those advocating easier
curbs on filibusters argue that
in the past southerners have
been able to block civil rights
and other so-called liberal
legislation by talkathon tac
tics.
Johnson is advocating a
comromise while southern
ers want no change at all in
the rules.
Vice President Richard M
Nixon opened the day's pro
ceedings by ruling that each
side would have a chance for
a clear-cut vote on alternative
proposals.
; Nixon's ruling was given
on an inquiry by Democratic
Whip Mike Mansfield of
Montana. Mansfield said he
wanted to make it plain there
had been no "high-jacking or
black-jacking" because John
son has offered his compro
mise rule change first.
Johnson's measure would
permit two-thirds of the sen
ators present and voting to
impose cloture or limitation
of debate. The present rule
requires two-thirds of the
total membership of 98 sen-ators-or
66-and debate limit
on a motion to change the
rules themselves.
Remains of 100
Deer Found in Home
Dallas, Ore. flJPD State po
lice said five men were ar
rested Wednesday after the
remains of more than 100
deer were found in a' home at
the edge of Falls City, in the
Polk county foothills of the
Coast range.
Officers Kenneth Scripter
and Wallace Cobine said at
least 100 deer had been sold,
most of them going at three-
for-$25.
They said Joseph M. Sum
rail, 44, and Dorman K. Mil
ler, 42, in whose home the
carcasses were found, pleaded
innocent to killing deer out
of season, but pleaded guilty
to shooting quail out of sea
son. Lowell D. Parker, 29, Inde
pendence, was charged with
selling game. William Lee
Kostenborder, 28, Salem, and
Dorwin Eugene Beaty, 48,
Dallas, pleaded guilty to buy
ing game illegally. Parker
was yet to be arraigned-
Police added that the in
vestigation would continue.
Portland -UPB- Two persons
suffered minor wounds early
today in a shooting at a trail
er house here.
mm
FORD
MEDFORD, OREGON, THURSDAY, JANUARY 8, 1959
$1EL VOTE CL WED
&gE508e:- Oklahoma IFire
Mikoyan Outflanks
Pickets at Detroit
Detroit-flJPD-Russian Deputy
Premier Anastas I. Mikoyan
outflanked a group of anti
Soviet pickets on his arrival
by plane today and imme
diately launched into a whirl
wind tour of the motor city's
automobile plants. ;
A group of about 50 pla-
carff-carryirig pickets waiting
for - Mikoyan at Willow Run
airport were left without
even a glimpse of the Soviet
deputy premier and his party
of Soviet officials.
The pickets paraded in a
parking lot adjacent to the ad
ministration building at Wil
low Run, hoping to demon
strate as Mikoyan and his
party left the airport by au
tomobile. But as soon as the
Mikoyan plane touched down,
it rolled to a giant hangar at
the north end of the field,
Big Pines Lumber
Plans New Store
The Big Pines Lumber com
pany s carted construction to
day on a project at their build
ing at 32 West Sixth st.,
which will replace the present
structure with a- modern
building, according to Bert
Thierolf, president of the
firm.
The current building, built
in 1908 when the company
was established, will be razed
to clear an area 93 feet from
the Sixth st. frontage where
the new $55,000 one story
building will be built. The
plans will include a customer
parking area.
Thierolf said that the build
ing of cement block construc
tion will have approximately
four times the sales area of
the curent building.
Tempororay sales offices
for the company will be set up
in the garage building at
Sxith and Fir sts. due west of
the present building, it was
reported. The moving of pres
ent supplies to the temporary
site is expected to be com
pleted by Sunday, Thierolf
said.
Contractor for the job is
Don L. Jacobs while architect
is Jack Edson. The store lay
out was planned by Harper
Mitchell, Boise, Idaho, special
ist in buildng material mer
chandising, Thierolf said.
Completion date for the
building is March 15. .
WEATHER
FORECAST: Mostly cloudy with
intermittent rain and occasional
gusty winds tonight and Friday.
Cooler. Low tonight 40. High
Friday SO.
TEMP.
Highest yesterday 5S
Lowest this morning 54
PRECIPITATION: Trace.
Our Skies Tonight
Sunset today .
. 4:55 p.m.
, 7:41 a.m.
Sunrise tomorrow
New moon tonight
. 9:34 p.m.
There will be three eclipses in
1959, two of the sun and one
of the moon. Only the last of
these, a total eclipse of the sun
in October, will be visibile in
any part in North America.
where Mikoyan and his party
emerged and went I directly
into the hangar.
Enter Automobiles
The Soviets entered auto
mobiles inside the hanger,
swept out onto the skirt of
the airfield, and to a road
leading .to the .expressway to
Detroit.
The pickets, parading in the
parking lot were composed
of refugees from the Ukraine,
Lithuania, Romania, Latvia
and Hungary.
The visit, the second in a
series of stops at cities across
the United States, aroused a
reaction by one-time freedom
fighters from Hungary and
refugees from other Communist-dominated
nations who
are now living here.
Members of the nationality
groups met for the past two
nights to discuss plans to
greet. Mikoyan and display
their hatred of him.
Tibor Magyar, a former
member of the Hungarian
parliament during the Hun
garian revolt against Commu
nism, in 1956 and leader of
the anti-Mikoyan demonstra
tion, said no violence was
planned but no doubt would
be left about their opposition
to all the Soviet leader stands
for.
Winds of Gust Force
Reported in Valley
Blustery south southeast
winds which have blown over
the Medford area since Thurs
day afternoon were expected
to continue for the, rest of to
day, possibly dying out by
evening, Medford station of
the weather bureau reported.
Winds reached their great
est intensity this morning.
Gusts up to 55 miles per hour
were recorded at the airport
weather station about 9:30
a.m. Sustained winds of 40
mph were noted at 8, 9, 9:30
and 10 a.m.
The wind caused by a low
pressure area off the coast,
about 400 miles north of here,
blew up in the valley about
2 p.m. yesterday with gusts
up to 35 mph and persistent
force of 20 to 25. While the
blow may die down by eve
ning, there is the forecast of
occasional gusty winds to
night and Friday.
Cold air from around the
low pressure area could bring
fairly heavy amounts of rain
and some snow at low levels
in the valley by the week end,
the weather bureau indicated.
Fidel Castro Enters
Havana in Triumph
Havana -0PD-, Fidel Castro,
rebel leader who ousted dic
tator Fulgencio Batista in a
grueling two-year revolt, en
tered Havana in triumph to
day to the salute of boom
ing guns, pealing church
bells and the cheers of hun
dreds of thousands.
Tribune
Boswell, Okla. (UPB Fire
swept a four - room frame
house here early today, killing
16-a mother, her 10 children,
and five nieces and nephews.
City Marshal Stanley Shoe
make said most of the chil
dren died as they huddled
about the mother, Mrs. Aire
Gardner.
The father, Booker Gard
ner, 45, was away on a coon
hunting trip, and was not lo
cated until after all the bodies
had been recovered.
Boswell Constable J. B.
Richberg, who arrived first
on the scene with the town's
only fire truck, said the roof
had already cayed in when he
got there, and that the" "sides
were just burning slowly."
Fanned by Wind
Helped along by 20-mile per
hour winds, the flames leaped
to the roof of a neighbor's
home, that of Charles Ware,
and firemen were forced to
play their hoses on it rather
than the Gardner home.
The house was located about
three blocks from the last wa
ter main in this little farming
village of about 1,000, and
when the water in the truck's
tank was used up, the volun
teers had to leave the holo-
Levy Increase
Asked by Park
Commission
Ashland-The Ashland park
commission at a meeting Wed
nesday noon voted in favor
of a lV-mill levy increase
for the commission being
placed before the voters be
fore July 1, Eldon Scripter,
commission chairman, report
ed today.
The action was taken by
the commission in coopera
tion with the city council to
bring in an additional $9,300
a year in tax revenues. The
commission now operates on
a 4V--mill levy. The last "in
crease for this commission
was in 1952, Scripter explain
ed. The additional funds will
be used to cover an expanded
maintenance program which
will include landscaping, in
cluding the new center park
ing strip on the new extension
of Siskiyou blvd., and for
park commission employees'
salaries.
Scripter said that the cur
rent annual budget of $23,000
is not sufficient to raise the
salaries and wages of the em
ployees up to a level with
those of the other, city em
ployees. Proposed is a 15-cent
hourly wage increase.
Scripter said that the com
mission voted 4 to 1 in fav
or of the proposed levy in
crease. Members of the com
mission in addition to Scrip
ter are Frank Barnthouse,
secretary; John Cotton, Jean
Eberhart, and Archie Fries.
County Registrars
To Receive Letters
Letters to 59 persons who
served as permanent registrars
for the last primary and gen
eral elections have been mail
ed by County Clerk E. M.
Madden.
Madden has asked each if
he wishes to be reinstated as
registrar and if so, to call at
the courthouse to sign the
oath of office.
Oregon law states that
"Each county clerk shall ap
point as many official regis
trars as are necessary to facili
tate the registration of elec
tors. Each official registrar
so appointed shall qualify by
subscribing to an oath of of
fice and shall hold office at
the pleasure of the county
clerk who appointed him but
not beyond the term of which
the county clerk was elected."
Seventy-seven registrars, in
cluding 18 temporary work
ers, served for last year's
elections.
Price 10 Cents
No. 249
caust to return to town for a
refill.
Authorities waited until
daybreak before entering the
ruins. Gene Nesbit, a reporter
for the Hugo Daily News,
said the house had been "com
pletely levelled, except for
an old refrigerator standing
at the back of the house."
Bodies Grouped About Bed
Shoemake said the bodies
of the children-including a
pair of 6-week-old twins-were
grouped about the bed of the
mother.
The neighbor, Ware, said
he was awakened about 1:30
a.m.-"by people hollering and
screaming." He said he heard
some glass breaking, and he
looked outside to see flames
shooting out the window of
Gardner s home.
"I could see the fire was
going to catch our house too,"
he said, so my wife and I ran
inside, grabbed a suitcase with
some clothes in it, and two
or three quilts, and ran out
side." Ware said he then ran to
the City Hall to report the
blaze.
At daybreak, authorities
probed the still - smouldering
rubble with sticks, lining the
bodies up beside the house.
Victims Identified
Richberg and Shoemake
identified the victims as Mrs
Gardner's children, Juanit-,
15, Easter, 13, Isaac, 11, Lou
ise, 9, Larry, 6, Joe, 2, Omie,
3, Gwendolyn, J5, and 'the
twins, Patricia Ann and Ter-
resa Jan; three nieces of Mrs
Gardner, living with them,
Bobbie Woolbright, 11, Peggy
Sue Ward, 7, and Linda Ward,
4; and two nephews, visiting
from Oklahoma City, Freddie
Webb, 13, and Herschel Fraz-
ler, 9 or 10.
Another nephew, John
Steward, about 15, was visit
ing but had gone hunting
with Gardner and Odis Ward,
the son of a friend, but not
related to the Ward girls.
Richberg said the fire had
apparently started from
wood stove in the dry wooden
house.
F. L. Somers Low
Bidder for Sewer
Bids for the Eastwood dr
Hillcrest rd. sanitary sewer
were opened today in Medford
city hall.
Apparent low bidder is F.
L. Somers, with an over-all
bid of $11,891. The engineer's
estimate , for the project is
$7,588.
Other
over-all.
Dayton,
bidders and their
bids include Fred
$14,637.55, R.
$12,609.69: W.
A.
Heintz,
H
Conrad, $15,300.25 and M
Limnger, $15,914.00.
These bids include moving
a city-owned sewer ejector
pump from the Laurelhurst
district to the intersection of
Eastwood and Hillcrest and
installing it.
Alternative bids, whereby
the city would move and in
stall the pump, include: F. L.
Somers, $11,456; Fred Dayton,
$14,157.75; R. A. Heintz, $11,
809.69; W. H. Conrad, $14,
742.75 and M. C. Lininger,
$15,414.
Governor Holmes' Proposed Budget
Uses Up State's 30 Million Surplus
Salem -(DPB Gov. Robert D
Holmes' proposed new budget
was revealed in final printed
form today by State Finance
Director John Richardson.
Richardson said the new
budget uses up the state's $30
million surplus, about $10 mil
lion in tax funds that will not
be repeated next biennium
and about $36 million for nor
mal growth.
This means that the 1961-63
Legislature might be faced
with the problem of raising
some $76 million by new
means.
He called this the state's
most crucial fiscal problem.
900TH MERCY FLIGHT PATIENT - Lee
Sewell, 120 Ajax rd., Camp White, was re
turned to Medford from a Portland hospital
yesterday, and he became the 900th patient
since Mercy Flights, Inc., began its air
ambulance service nine years ago next
week. He also was the 896th patient when
taken to Portland Dec. 30. Sewell, who is
suffering from a severe skin affliction,
is shop foreman for the Eugene Burrell
County Voters
Selected for
Jury Duty List '
The selection of 2,000 names
of Jackson county voters to
fill the new county jury list
is under way in the elections
department, according to
County Clerk Marvin Madden.
The names, from which
1,500 will finally be selected,
are being chosen by using the
office's addressograph ma
chine. Every 17th name in the
35,000 registered voters' ad
dressograph cards is placed on
the list, Madden reported.
' 'The new prospective jurors
will be selected for Veniers
beginning in April. They will
serve on grand juries and in
circuit and district court.
Names of approximately 500
persons who will not qualify
among the 2,000 being select
ed must be written down,
along with the reasons why
they are exempted from jury
service.
According to state law, jury
lists may be prepared from
tax rolls or voter registra
tion lists. Madden ' said the
voters lists were chosen be
cause tfiey contain more in
formation. The names are selected geo
graphically, as nearly as pos
sible, depending on popula
tion. Exemptions under the law
include judicial officers, any
other civil officer (with some
qualifications), attorneys, phy
sicians, dentists, optometrists,
chiropractors, osteopaths,
Christian Science practition
ers, naturopaths or under
takers, professional firemen,
members of the senate and
house of representatives when
they are in session, and mem
bers of the National Guard,
or those with six years active
duty National Guard.
Others may be excused un
der other circumstances, ac
cording to the law.
Radio-TV Highlights
President Eisen h o w e r's
State of the Union message
will.be broadcast and tele
cast in Medford tomorrow.
Radio station KMED will
carry the message at 11:05
a.m. and 4:05 p.m. tomor
row, and radio station
KYJC will broadcast the
President's message at 9:30
a.m. Television station
KBES will telecast the mes
sage starling at 9:30 a.m.
Gov.-elect Mark Hatfield is
reviewing the budget and will
doubtless have some changes
to suggest to the Legislature
which meets here next Mon
day. The budget showed a "re
fined" estimate some $600,000
lower than the general fund
figure of $229 million dollars
released by Gov. Holmes
earlier.
Counting dedicated funds,
the state's overall budget
amounts to $909 million-approaching
the one billion dol
lar mark.
Richardson told a press con
ference that the new budget
was an "educational docu
Lumber company, and Burrell (in the plane
in photo above) was co-pilot on the trip.
George Milligan (right, helping unload
Sewell's stretcher) was pilot. Wayne Reavis
of Rogue Flying service (left) assists. The
901st patient was flown to Portland this
afternoon. He was Erwin Bebb, 112 Ross
lane, who was taken to the Veterans Ad
ministration hospital for emergency treat
ment of internal bleeding.
(Knackstedt photo.)
Judge Main Rules
On Motion in Case
More action in the case of
five water users versus the
Eagle Point Irrigation district
was taken yesterday in circuit
court when Judge James
Main upheld a defendant's
motion to quash service of
summons. .
The water users, Paul D.
Conrad, Fritz M. Carlson, Her
man Higday and Ann and
Howard F. Todd, are seeking
a temporary injunction re
straining the irrigation dis
trict from "overloading a
wooden siphon across McNeil
Creek canyon in the. . .district
beyond its designed and con
structed carrying capacity. . ."
One Plaintiff
Only the signature of one
plaintiff, Mrs. Todd, appeared
on the motion for service of
Appointments
Made by Group
Four new appointments to
the Jackson County Centen
nial association were an
nounced today by County Co
ordinator Ernie Hood.
Appointed were G. A. Cot
tingham, Bear Creek or
chards,, pear industry repre
sentative; Otto Ewaldsen,
Swem's, retail merchants; H.
A. Mauck, Travelodge motel,
motel owners; and Chandler
Drew, Medford Corporation,
lumber industry.
With the appointment of
these four men, 22 areas of
activity within the county are
represented in the association.
The four appointees were
contacted Wednesday by as
sociation officers, J. H. Cra
ger, president; Frank Bash,
vice president; and David Irv
ing, executive committee
member.
At a Jackson County Cham
ber of Commerce meeting this
morning the group approved
the new design for a Centen
nial folder which will contain
standard chamber of com
merce literature as well as
Centennial material. The fold
er will be suitable for mail
ing, it was reported.
Washington (UPB Sen.
Warren G. Magnuson (D
Wash.), announced Wednes
day that the Navy has award
ed a $21,645,000 contract for
construction of the world's
largest drydock in Bremer
ton, Wash.
ment" as well as a statistical
document.
This is because it contains
narratives of how state agen
cies work and the basis on
which agency budgets . were
decided.
Some statistical details of
limited interest also have
been eliminated, but are avail
able to interested parties
such as the Legislative Joint
Ways and Means committee.
The finance director said
no state agency's programs
had been reduced below cur
rent levels of service, account
ing for normal growth, in the
new budget.
summons.
The defendant's motion, up
held by the judge, contended
that the users' summons was
defective since all five plain
tiffs should have signed their
names.
Judge Main stated that "It
is the opinion of the court
that matters such as this
should be corrected in the
early stages of a proceeding
in order that a judgment or a
decree later obtained will not
have to be set aside for such
irregularities. . ." ,. J"
The water users' memoran
dum following the motion to
quash service of summons,
challenged the authority of
the law firm Roberts, Kelling
ton and Branchfield to repre
sent the district as they "have
not been employed ... at any
meeting of the district. -."
Not An Issue
Judge Main stated that "it
raised no issue for the court."
The users' other complaint
seeks nullification of the dis
trict's contract with the Cali
fornia Oregon Power com
pany. A motion. -iled Monday by
the district and Copco sought
disqualification o f Circuit
Judge Edward C. Kelly in the
contract suit. Under Oregon
law any party or attorney in
a court action has a limit of
two disqualifications
of judges.
Court personnel said Judge
Main is expected to hear the
suits.
Medford Cobbler io
Ship 500 Petitions
Wilbur Gardner, Medford
cobbler campaigning for fed
eral shoe labeling legislation,
said today he is dispatching
a box of 25,000 signatures in
support of such a law to Rep.
Charles O. Porter, (D-Ore.), in
Washington.
The box, he said, weighs
16V pounds. It contains
about 500 petitions from 40
states, he explained.
Porter recently asked
Gardner to send him the
fruits of his two years' cam
paigning to support a bill
in the House of Representa
tives. The bill would require
labels on shoes designating
the materials of which they
are made, so that customers
will know if a prospective
purchase contains paper fibre
or other cheap synthetics.
Hugh Coleman Elected
President of Chamber
Hugh Coleman was elected
president of the Jackson
County Chamber of Com
merce at a board meeting this
morning.
Other officers elected for
the one year term were
Gerald T. Latham, first vice
president; Robert Taylor,
second vice president; and Joe
Moore, treasurer.
DOW-JONES AVERAGES
New York-CPD-Dow-Jones
final slock averages: 30 in
dustrials 588.14, up 4.99; 20
railroads 162.80. up 2.70; 15
utilities 91.55 up 0.55 and 65
slocks 205.01, up 2.01. Sales
today were about 4,030,000
shares compared with 4,
140,000 shares Wednesday.
Holmes Appoints
O'Hara to Fill
Unexpired Term
Becomes Effective
At Inauguration
Salem-flJPD-Gov.-elect Mark
Hatfield today submitted his
resignation as secretary of
state to Gov. Robert D.
Holmes.
However, the resignation
does not become effective
until Hatfield is inaugurated
governor.
Hatfield delivered his res
ignation to the governor im
mediately following a 9 a.m.
press conference.
Hatfield's action followed
Holmes' first official action
in appointing 7 1 - year - old
Dave O'Hara as secretary of
state to fill out Hatfield's un
expired term which runs until
1960.
Has "Duty" To Slay On
Hatfjeld said his resigna
tion was set up to the time he
takes office because "I have
the legal and moral duty to
stay on the job as secretary
of state until I assume the
duties of governor."
Immediately following his
inauguration next Monday at
2 p.m. Hatfield plans to take
a "quo warranto" Droceedinir
before the Supreme Court to
test the validity of O'Hara's
appointment as secretary of
state.
Hatfield also will announce
then his own choice for the
secretary of state post.
This plan has been dis
cussed between Hatfield's le
gal advisor, Lamar Tooze, and
Orval. Thompson, the gover
nor's legal advisor.
Problem Unsettled
The present course of ac
tion does not settle for sure
the problem of whether Hat
field's inauguration might be
delayed.
The state Legislature in
joint session might still refuse
to hear announcement of the
official election results, a
technicality that must be ac
complished before Hatfield
can be sworn in. Both houses
are controlled by Democrats.
"We'll just have to wait
and see," Hatfield commented
on this point.
Hatfield said the governor's
move in appointing O'Hara
was necessary in order to
have a basis for a Supreme
Court action.
Statement Given
The gov.-elect' statement
read:
"We have all assumed that
Gov. Holmes' successor as
governor was elected by the
people on Nov. 4, 1958. I am
advised by counsel that under
the constitution, my election
will not officially become
known until after, the two
houses of the Legislature per
form their constitutional du
ties. Both houses must meet
in joint session for the publi
cation in their presence, of the
returns by the speaker of the
House.
"Then and only then will
the constitutional elective
processes have been com
pleted. I will then 'qualify' by
taking the oath at which ,
time my resignation becomes
effective. Then, and not until
then, will a vacancy exist and
at the same time Gov. Holmes'
power to appoint will cease,"
Hatfield continued.
Ready To Cooperate
Hatfield said he stood ready
to cooperate fully with the
governor's lawyers to secure a
quick ruling from the Su
preme Court. He invited co
operation from the retiring
administration "so that no
state business will be inter
rupted or affected."
Hatfield said he "anticipat
ed" that the results of the
election would be officially
read to the joint-legislative
session next Monday without
a hitch and that he further
"intended" to take the office
of governor.
He said he had not talked
about any possible delay in
the inauguration with either
House Speaker-elect Robert
Duncan, Medford, or Senate
president-elect Walter Pear
son, Portland.
Hatfield's case before the
Supreme Court will be han
dled by attorneys Lamar
Tooze and Roy Shields, both
of Portland.
A "quo warranto" proceed
ings means "by what right."
It is an action designed to
test the validity of claims to
state offices and is one of the
few actions over which the
high court has original juris
diction. If O'Hara's appointment is
proved to be valid, he can at
test to his own appointment
because he would be secretary
of state at the effective time
of appointment. There is no
time requirement for signing
the attestation.