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Preliminary Draft
Of Quo Warranto
Put Into Writing
Supreme Court
To Act Rapidly
Salem (UPD A preliminary
draft of a "quo warranto" pro
ceeding testing" whether Dave
O'Hara or Howell Appling is
Oregon's proper secretary of
state was in writing today.
Attorney General Robert
Y. Thornton, who will repre
sent O'Hara, said the draft
was sent to Marion County
District Attorney Hattie Brat
zel for approval.
The Marion county district
attorney's approval must be
received before the document
can be presented to the Ore
gon Supreme Court.
Appling Seen Defendant
Thornton said that Appling,
a 39-year-old Portland busi
nessman who was appointed
secretary of state Monday by
Gov. Mark Hatfield, probably
will be the defendant in the
action.
O'Hara, 71, Salem, former
state .elections chief, was ex
Gov. Robert D. H o 1 m e s'
choice for the post.
The high court must decide
which of the men is qualified.
Appling, 39, has expressed
confidence that he will win
the post and said he consid
ered himself secretary of state
until the Supreme Court acted
to clarify the issue. .
He occupied the official
suite of the secretary of state
in the Capitol building Tues
day. Originally, "Lamar Tooze,
Portland, one of Hatfield's
legal advisors, had hoped to
get the proceeding before the
high court Monday but Thorn
ton asked for more time to
study proper procedure.
Rapid Action Expected
The Supreme Court was ex
pected to act rapidly as soon
' as the action was brought be
fore it. . ' .
Quo warranto proceedings
are designed to test the va
lidity of persons to hold pub
lic office. They are one of
only three proceedings over
which the Supreme Court can
take original jurisdiction. The
other two are mandamus and
habeas corpus actions.
The Legislature got down
to work smoothly with intro
duction of 56 bills in the
House and three in the Senate.
Highway 199
Freeway Planned
Sacramento'-A 22.6 mile
stretch of winding sections
and sharp curves in Highway
199 south of the Oregon line
will be eliminated by a free
way, according to plans of the
California highway commis
sion. The route, which will gen
erally follow the existing
highway, will end 1.4 miles
south of the Gasquet post of
fice in Del Norte county. .
Plans call for a two-lane
highway with provisions for
four lanes later. 1725-foot tun
nel also will be built through
Hazelview summit.
Initial cost of the project is
expected to be $23,780,000
with ultimate cost at more
than $30,000,000. Start of con
struction depends on avail
ability of funds.
Vatican City-UPD-The Vati
can has recognized the new
government in Cuba.
Some Property Owners 'Balk7 About
Clean-Up; Fear Taxes Would Increase
Some Medford property
owners have "balked" when
approached regarding prop
erty clean-up, it was reported
at this week's meeting of the
Make Medford Beautiful com
mittee by Granvil Brittsan.
The chairman of the survey
action sub - committee ex
plained some property owners
have expressed fear of in
creased taxes when they
clean up or paint their prop
erty. Schumacher Questioned
County Assessor Ray Schu
macher, when questioned
about increase in taxes where
property improvements are
made, said that the assessment
mmim
jm - ;
it
SPACE TRAVELER'S VEHICLE-This is a model of a "space
capsule" which the National Aeronautics and Space adminis
tration has ordered built, for carrying a man into orbit
around the earth. This view shows how the man will be posi
tioned for blast-off, lying on his back. When capsule goes into
orbit, man will sit up and face forward.
Board Authorizes
Series of Meetings
O n R eo rg a n i za tio n
The Medford school board
last night authorized Superin
tendent Dr. Leonard B. May
field to schedule a series of
meetings with school boards
from districts in this area to
discuss reorganization or con
solidation. The action followed re
quests from several surround
ing districts , requesting con
ferences with Medford school
officials concerning consolida
tion or reorganization. Board
members said it received re
quests from Griffin Creek,
Jacksonville. Ruch and How
ard for such meetings.
The board also reaffirmed
its position of cooperation
with the Jackson County
School Reorganization board
in reorganization of the coun
ty's districts.
Dr. Mayfield said the meet
ings with surrounding district
boards will be held as soon as
possible, and various phases
of consolidation and reorgani
zation will be discussed, in
cluding financial, legal and
curriculum aspects.
Permit Issued for
Office Building
A building permit for $59,
000 was issued Tuesday after
noon to O. L. Williams for the
construction of an office
building at Barnett rd. and
Riverside ave.
The new building will
house district offices of the
bureau of land management.
The 14-room building will be
one-story constructed of brick
and be approximately 200 by
40 feet. The building will be
leased to the General Services
administration for BLM.
The government agency is
tentatively scheduled to oc
cupy the building March 1.
value is based on the market
value of the property.
The difference, he said, is
whether the property owner
wished to keep his property
in good condition so the mar
ket value will remain up, or
pay less taxes through prop
erty depreciation and own
property that has a lower
market value.
He added that in cases
where the property had been
allowed to run-down and then
is vastly improved, the taxes
would automatically rise since
the market value of the prop
erty would increase.
Schumacher explained that
in cases where a person
State
The sale of the remaining
bonds authorized by school
district patrons two years ago
was authorized last night.
Scheduled to be sold are $186,
000 worth of bonds in the two
year building program.
Funds from the sale will be
used for a new music and
classroom addition at Medford
High school, which is expect
ed to be completed by next
September. The music depart
ment is'now housed in the in
dustrial arts section at the
school.
The bond sale also clears le
gal aspects for reorganization
or consolidation moves. All
bonds must be sold in any ac
tion of consolidation or reor
ganization involving the dis
trict. In other action, the board
renewed contracts for Dr.
Mayfield for five years, and
Elliott Becken, assistant super
intendent, for four years.
The ooard approved adding
another bus route in the after
noon, utilizing present facili
ties. The additional route be
came necessary when the new
Wilson school opened.
Two appointments to the
district budget committee are
being considered by the board,
ande are expected to be filled
soon so work may start on the
budget for the 1959-60 school
year.
Gigantic Heroin
Syndicate Cracked
San Francisco - (UPD - A fed
eral Grand Jury today in
dicted three men in what was
said to be the biggest Chinese
narcotics syndicate in Ameri
can history - masterminded
from Communist China.
The syndicate's books indi
cated that , it distributed at
least 2,470 pounds of heroin
along the West Coast in the
past eight years, agents said.
cleaned up the trash or cut
weeds in a yard, there was
little chance that the market
value of the property would
change.
Lou Cranston, committee
chairman, announced that the
gasoline dealers association
had been contacted concern
ing a litter bag distribution
program.
It was also reported that
several homes that had been
considered "eye-sores" were
being cleaned up.
Attending the luncheon at
the Medford hotel were Cran
ston, Brittsan, Jack Foster,
John Cheney, and Darrell
Huson.
Shady Cove Pilot
Reported Missing;
Safe in California
Jim Davis En Route
From Gila Bend
Jim Davis of Shady Cove
and a light plane he was pilot
ing were located on airfield in
San Diego county, Calif., this
morning after being reported
missing last night, Oregon
state police and Federal Avia
tion agency officials in Cali
fornia said today.
Davis was on a flight from
Gila Bend, Ariz., to San Diego
in a Cessna 170. He left Gila
Bend at 4:42 p.m. yesterday,
and was due in San Diego at
6 p.m.
Check Fields
Auxiliary airfields in Ari
zona ' and California were
checked by Air Force plane
and highway patrols in both
states, but the plane was not
located last night.
Davis, a lumberman who
also has mining interests in
Mexico, was believed to have
gone to the area to check into
timber interests, police said.
Neighbors of the Davises told
state police they thought that
Davis' wife, a boy and R. F.
(Bud) Holman, also of Shady
Cove, accompanied Davis
when he left about a week
ago.
Reports from southern Cali
fornia did not indicate wheth
er anyone was with Davis at
the time he was located.
The plane he was piloting is
believed to be one which re
cently was rebuilt after it
crashed about a year ago in
the Chiloquin area.
The Davises live on Rogue
River dr., Shady Cove.
Jury Finds Local
Couple Guilty
Mariori Ben Day and his
wife, Hazel Pauline Day, 417
King st., Medford, were found
guilty yesterday afternoon by
a Jackson county circuit court
jury , of .unlawfully obtaining
$288 . in public assistance
funds. The jury deliberated
about 2xi hours.
Sentence will be passed by
Circuit Court Judge James
Main Monday.
Gerald Scannell represent
ed the district attorney's of
fice and Allan Holmes acted
as attorney for the defend
ants. Dr. Harry D. Danielson,
local psychiatrist, a profes
sor from Southern Oregon col
lege, Ashland, and Mrs.
Martha Rhodes of the Jack
son county public welfare de
partment testified yesterday
morning before the ease went
to the jury at 11 a.m.
Day was working for Bear
Creek orchards at the time
the charges were brought.
Elgin Holdup Man
Grabbed by Police
LaGrande (UPD A man ac
cused of holding up a service
station at Elgin north of here
Tuesday night, was captured
in Elgin just before dawn to
day after he had broken away
from one road block as state
police bullets zinged past him.
State police identified the
man as Robert Lee Robinett,
33, Lewiston, Idaho. They said
a gunman held up an Elgin
service station operated by
Dick Parson, robbed the till
of $500 and then took money
from two Elgin residents who
were visiting with Parson,
Larry Strickland and Alfred
Aobsey.
France Working for
Algerian Cease Fire
Paris -(UPD- France has be
gun behind-the-scene negotia
tions for an Algerian cease
fire and hopes to win one by
Jan. 20, a high French official
said today.
The backstage contacts, if
successful, would end within
a week the four years of
bloody fighting which has
cost France billions of dol
lars and thousands of lives.
Italian Premier Amintore
Fanfani, who arrives here to
day to see President Charles
de Gaulle, has been actively
engaged in the behind - the -scenes
negotiations, the of
ficial said.
The disclosure came hard
on the heels of Tuesday's an
nouncement by the DeGaulle
government of sweeping
clemency measures for jailed
Algerian extremists. That
move also had raised hopes
for early peace.
53rd Year
Medford
16 Pages
Jury Selection in
Flury Case Starts
In Circuit Court
Attorneys Making
Close Examination
Selection of a circuit court
jury got under way this morn
ing for the trial of Ted Flury,
secretary - manager of the
Eagle Point Irrigation district,
who is charged with illegally
accepting funds while serving
as a public official.
Court officers indicated the
jury selection would take a
good part of the day. ,
Attorneys made elaborate
and detailed examination of
each of the jurors as the case
opened at 9:30 a.m. today be
fore Circuit Court Judge M.
Main.
The law firm, Farrell and
Blackhurst, is representing
the Eagle Point Irrigation dis
trict and the Roberts, Kelling
ton and Branchfield firm is
representing the interests of
California Oregon Power com
pany and defendant Flury.
District Attorney Thomas J.
Reeder is representing the
state in the criminal trial.
Specific Charge
Flury is specifically charged
with receiving $4,050 from
Copco between Jan. 1, 1955,
and Oct. 1, 1958, while he
was an official of the Eagle
Point Irrigation district.
Flury was arrested Oct. 15
on a grand jury indictment.
He was released on $250 bond
following his arraignment be
fore Judge Edward C. Kelly.
The grand jury investigated
the irrigation district follow
ing complaints by Mrs, Ann
Todd, Eagle Point water-user.
" Mrs. Todd also filed a com
plaint on Nov. 5 in circuit
court asking that the irriga
tion district's contract be can
celled and that all. district
property given Copco be re
turned. '
Water Main Being
Installed on Biddle
A new six-inch water main
along Biddle rd. from the
California Oregon Power com
pany substation to a connec
tion 600 feet south of McAn
drews rd. is being installed
this week, according to Med
f o r d Water Superintendent
Robert Lee.
City crews should finish
laying the pipe this week, Lee
said. But, he added, work on
connections will last into next
week.
Three fire hydrants are in
cluded in the project, he said.
The main will provide both
fire protection and domestic
service.
Budget Group Lacks
One Appointment
All but one position on the
county budget committee re
mains unfilled in county gov
ernmental bodies, County
Judge Earl Miller said today.
Bill Bigham, Eagle Point,
was reappointed to the county
fair board for a two-year
term.. Ed Fosson, Applegate,
has declined reappointment
and has been replaced with
Collier Buffington, for a
three-year term. Holdover on
the fair board is Francis
Krouse, Provolt.
New appointments to the
planning commission include
C. O. Lovejoy, Old Military
rd., Medford; Ron James, 3710
Calhoun rd., Medford; and C.
W. Duggan, route 2, Sams
Valley, .all for three-year
terms.
Appointed to the county
budget ' committee was L. W.
Newbry, Ashland. Tom Wray,
Medford and Curtis Barnes,
Talent, have both declined
reappointment. Arnold Bohn
ert, Central Point, is a hold
over on the budget commit
tee. Member of the county
court make up the other com
mittee members.
West Coast Shipping
Strike Threat Averted
San Francisco (UPD The
threat of a West Coast ship
ping tie-up ended today when
the Marine Firemen's Union
agreed to arbitrate a dispute
under grievance procedure of
its contract, the Pacific Mari
time Association announced.
MEDFORD, OREGON, WEDNESDAY, JANUARY 14, 1959
WayMe(H)
Hleods Cboseim
Sub-Committee
Chairmen Named
For Joint Group
Budget Examiners
Offer Assistance
Salem (UPD Members of
the Joint Ways and Means
Committee were assigned to
ri a y to sub-committees b y
joint chairmen, Sen. Alfred
Corbett, Portland, and Rep.
Keith Skelton, Eugene, with
the result that committee
members will pitch in im
mediately to study state de
partment budgets.
Freeman Homer, new di
rector of finance and admin
istration, presented a corps
of budget examiners from the
budget division who will as
sist sub-committee members
in budget studies.
Regular meetings of the
joint committee will be held
each. Friday morning, except
for special meetings from time
to time as need arises.
To Interview Heads
Once-a-week meetings were
decided upon in order to give
more time for work by sub
committees. The six subcommittees to
which budgets of various state
agencies have been assigned
will interview . heads of . de
partments, hear comments of
the examiners and examine
the operations of each depart
ment before coming to a con
clusion as to the amount of
money recommended for each
department.
Co-chairman Corbett sug
gested that subcommittees fol
low this proceedure rather
than attempt to make a fixed
percentage cut in budgets.
Subcommittee Chairmen
Chairmen of subcommittees
named today and the depart
ment assigned are:
No. 1-Sen. Ward Cook,
Portland, general govern
ment. No. 2-Rep. George Annala,
Hood River, protection to per
sons and property.
No. 3-Sen. Francis Ziegler,
Corvallis, public welfare and
public health.
No. 4-Sen. Jean Lewis,
Portland, education.
No. 5-Sen. Dan Thiel, As
toria, highways, and parks
and natural resources.
No. 6-Rep. Vern Cady,
Burns, licensing and regula
tion of business and occupa
tions. At a later date, a special
committee to study the state's
building program for the
1959-61 biennium will be ap
pointed. Boundary Change
Suggested by Board
The Howard school board
recommended to the county
school reorganization1 board
one boundary change at the
meeting Tuesday evening.
The change would transfer a
piece of the Howard district
to the Central Point district.
The recommendation is be
ing made, Jack Campbell,
chairman of the board said,
to straighten the boundary
line and to accommodate fam
ilies in the area. Less than 20
children would be affected by
the change.
The property is on the
north side of Beall lane
bounded on the west by Bur
sell rd. and on the east by
Bear creek. The north bound
ary line would be across Gil
man's dairy on the donation
land grant line.
Mostly Fair Weather
Expected in Oregon
By United Press International
Mostly fair weather with
night and morning fog was
the outlook through Thursday
for Oregon today. . Streams
continued to fall.
. Highway 101 south of Co
quille, closed Tuesday by
high water, was opened to
one-way traffic today.
"Anybody Want To Argue About Other Rules?"
New Junior High
School Considered
By Ashland Board
Ashland Dr. Elmo Stev-
enson, president of Southern
Oregon college, said today
there are other more desira
ble sites for a junior high
school in Ashland than the
site selected by the board.
The board this week re
viewed plans for a new junior
high school and said it
planned to acquire a section
of land in the Iowa-Wightman
sts. area.
Dr. Stevenson said he was
"disturbed that property with
in the 'projected' boundary of
Southern Oregon college, and
approved by the Oregon State
Board of Higher Education
. . .should be selected as the
only site for a new junior
high."
Not Opposed lo School
He stressed that he is not
opposed to a new junior high
school, and pointed out he
"has sent three children to
this antique structure (refer
ring to the present building)
in the last few years," and
has frequently expressed his
dissatisfaction with the pres
ent situation.
The top floor of the present
building has been condemned
and closed by the state fire
marshal, and the rest of the
building is said to be unsafe.
The approved long-range
plan of the college includes
the 17 acres under question
for the site of a railroad sid
ing with warehouse, mainten
ance and applied science
classroom buildings as well
as an extended area for intra
mural activities," Dr. Steven
son noted. The college's phys
ical education and health fa
cilities are already there, he
noted, and "hence this " de
velopment is natural."
Dr. Stevenson said another
site for the proposed new jun
ior high school may be more
expensive, but he said he
was willing to pay a higher
price for a site for the build
ing, to enable the college to
grow to a maximum."
The school board pointed
out, however, that it has no
intention to do .harm to the
interests of the college by
moving to acquire the junior
high site. Some board mem-
WEATHER
FORECAST: Valley fog or low
cloudiness tonight and Thurs
day, briefly Improving Thursday
afternoon. Low tonight 30. High
Thursday 38.
TEMP.
Highest yesterday 35
Lowest this morning 31
PRECIP.
To 10 a.m. today Trace
Our Skies Tonight
sunset today
Sunrise tomorrow
Moonset tonight
First quarter
Algol, the variable
overhead at
5:02 p.m.
...7:38 p.m.
11:13 p.m.
Jan. 16
star, high
. 7:40 p.m.
Dims tonight at .... 7:00 p.m.
This star will be only one-third
u bright as it usually if.
Price 10 Cents
Tribune
No. 254
RULE!
THE
MAJOKiTV LEAVER
HAS COMSIPCRABIE
bers said they felt there was
no other suitable location, but
all of them agreed that the
college represents a financial
interest in Ashland, and they
would not want to jeopardize
its expansion.
School Superintendent Stan
ley Jobe said the new junior
high school may cost about
$1 million. Outlines for the
proposed building are for a
structure to house a maxi
mum of 800 students. The pre
liminary plans were drawn
up by Wayne Struble, Med
ford. Graham's Trouble
Said Emotional
Rochester, Minn. -ttlPD- An
eye spasm that has plagued
evangelist Billy Graham ap
pears to be more an emotional
reaction than an organic dis
ability, according to his pri
vate physician.
Dr. Kenneth Geiser, Gra
ham's longtime friend and
physician who arrived here
Tuesday night to assist exam
inations at the Mayo clinic,
described the ailment as "a
spasm of a blood vessel in a
sensitive portion of the left
eye."
"It is a nervous reaction
more than an organic thing,"
Geiser said, resulting from
"nervous tension and strain."
The 40-year-old revival
leader entered Mayo Clinic
Tuesday for tests after pain
connected with the spasm
forced him to cancel a Dallas,
Tex., speech and postpone a
planned Australian crusade
a week.
Safety Award Winner
To Speak at
Sgt. William J. Colbert, of
the Oregon state police at
Newport, will address the
Medford Safety Council at its
annual installation and awards
banquet Friday evening, ac
cording to Russ Jamison, ex
ecutive secretary of the coun
cil. Officers for 1959 are to be
officially installed at the ban
quet, which is to take place
in the Jackson hotel.
Mrs. Maxine Horton, 3333
Dark Hollow rd., is to be pre
sented the council's "Saved-a-Life"
award by Jackson Coun
ty Sheriff Joe Walsh.
Medford Mayor John W.
Snider is scheduled to pre
sent an industrial safety
award to either Kogap Lum
ber company or Timber Pro
ducts. County Judge Earl Miller is
to present a special traffic
safety award; and Berry Big-
Inflation Control
Said Essential
For Lower Taxes
National Press Club
Questions President
Washington (UPD Presi
d e n t Eisenhower expressed
confidence today that if in
flation can be controlled, the
way will be paved for a pos
sible tax cut.
He said a balanced budget
and a strong America both
can be achieved "if we keep
under control the problem of
rising costs."
Sounds Economy Them
Eisenhower, at a question
and answer session with Na
tional Press Club members,
again sounded the economy
theme he voiced in his State
of the Union Message last
Wednesday.
He was aked if the nation
could meet the needs of an
expanding defense and grow
ing population and balance
the budget at the same time.
He declared it could be
done "if we can keep prices
from rising unconscionably."
But he said lobbyists and
pressure groups are "never
satisfied" with the amounts
allotted in the federal budget
for the activities in which
they are interested.
Wants Tax Reforms
Eisenhower promised that
in his budget he was "making
certain that we do not neglect
programs in which the federal
government should partici
pate." "If we can keep under con
trol the problem of rising
costs," he said, "it can result
in having what we need and
eventual modification of our
taxes."
If Congress sticks to a bal
anced budget this year it will
increase the possibility of
lowering taxes "all along tho
line," he continued.
But he said he was "not
prepared to say" that he
would recommend a cut in the
income tax next year. He said
the first need was for overall
tax reform and that Treasury
Secretary Robert B. Anderson
"is already studying the kinds
of reforms we should have."
The President was the
guest of honor at a lunch
marking the Press Club's 50th
anniversary celebration.
More than 500 newsmen
jammed the club's auditori
um. Following club custom,
the President responded to
written questions submitted
by members of the club presi
dent, John V. Horner of the
Washington Star.
Public Creates Prosperity
The President was asked
whether it was possible for
the economy to expand at a
rate of 5 per cent a year with
out the federal government
boosting its spending on pub
lic facilities of all kinds.
He replied that the federal
government doesn't create
prosperity, and that the de
cisions of 175 million Ameri
cans on how' they will spend
their money are "far more
important that what the fed
eral government does."
Portland Bridges
To Be Beautified
Portland -(UPD- Two Port
land bridges will be beauti
fied. County Commissioners
Tuesday approved plans to
plant shrubs, flowers and
trees at the Southeast Union
avenue ramps of the Haw
thorne and Morrison bridges.
New York-(UPD-Actress Zsa
Zsa Gabor has announced she
will marry millionaire Holly
wood builder Hal B. Hayes in
about three months.
Banquet
ham and. C. D. Larson, out
going and in-coming council
presidents respectively, are
to present distinguished citi
zen safety awards. Sergeant
Colbert was the first winner
of the council's award, when
he was stationed here several
years ago.
General chairman for the
event, at which some 150 peo
ple are expected, is Capt.
Clyde Fichtner of the Medford
police department.
Capt. Fichtner has urged
that tickets be purchased in
advance from members of the
ticket sales committee. The
committee includes Aubrey
Loper, Bigham, Walsh, Irean
Grigsby,' Ralph Matthews,
Greg Orr, Herb Vallee, Bu
ford Johnson, Leo Sevcik,
Rudy Tetreault, Elliott Beck
en, Dr. Mary Jane Fowler,
Captain Paul Morgan of tha
state police and Jamison.