Medford mail tribune., May 30, 1960, Image 9

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AVIATION HISTORY - Aviation pioneer he accepted a challenge by the New York
Glenn H. Curtiss is shown at the controls City newspaper to fly the "contraption"
of his plane "June Bug," which he built from Albany to New York City.
In 1908, and made aviation history when (UPI Telephoto)
Albany -New York Flight Made
History 50 Years Aqo Today
M
bany, N. Y. (UPI) Glenn
-f t t .. . . 1 i
Albany, N. Y. (UPI) Glenn
H. Curtiss, of Hammondsport,
N. Y., became an aviation history-maker
50 years ago to
day when he accepted a chal
lenge to make the first air
plane flight from Albany to
New York City.
It began in a potato field
What Is The Law?
This column is prepared as a public service by the
, Colleqe of Law. Willamette University. Salem, to
explain basic legal principles, not to provide legal
, advice. The reader is cautioned not to apply these cases
, to his own problems without an attorney's advice, lor
, differing facts may change the outcome.
Are Charitable Institutions
Liable for Negligent Conduct?
About ten years ago in Il
linois a student attending a
non-profit college was injured
While practicing on a trapeze
earned by the school. She was
in the school's gynasium re
hearsing for a show that was
to be presented on the cam
pus. The trapeze was faulty
and the school was negligent
concerning the student use of
it. The student brought a legal
action against the college
seeking damages suffered be
cause of her injury. The col
lege took the position that it
was not liable because it was
a ' Charitable institution and
therefore immune to liability
for negligent connduct of its
employees.
This is a position long re
spected by the courts. The
reasoning is that if such lia
bility was actually recognized,
suits like this one would soon
eat up all of the money do
nated and held in trust to be
used for a charitable purpose.
The student, however, point
ed out that the trust funds
would not be touched because
this college had a liability in
surance policy to cover such
happenings. If permitted to re
cover for her injuries, she.
rik j n i.i
Ends
Tuesday f Jl,
'Sine- .
-lie;
KEENAN WYNN-ELA1NE STRITCH
- f COLOR
rtect
THE VOY5cS3
V - -TOyVg ONE COMPLETE SHOW
I Mckel TODD'S HKSW0RLD'$
ptfawti esse
ear
on the southern outskirts of
Alhanv This nri7 was Sin. I
Albany. The prize was $10,
000.
At the time of the flight,
Curtiss was already an avia
tor of some renown. He had
constructed three planes be
fore the Albany-to-New York
City flight, and had converted
could be compensated by the
insurance company. The Su
preme Court of Illinois, re
versing the lower court, held
for the student and permitted
her to recover for her injur
ies. The court said that such
a recovery should be allowed
only if the damages would
not affect the trust funds of
the chairilable institution.
Courts Hold Contrary
Most of the courts in the
United States have held con
trary to this case. The gen
eral view is that It makes no
difference whether the char
ity is insured or not. Most
states arrive at the result that
there is no liability for such
conduct on the part of a char
itable institution. However, a
relatively recent count reveal
ed eighteen states that had re
jected entirely the doctrine of
tort immunity for charities.
A case came before the Ore
gon Supreme Court in 1955
involving a person who had
suffered injuries when a hos
pital had used "infected and
contaminated blood" in giving
a transfusion and had given
it by means of a contaminated
needle, blood container and
hose." In this case the hos
pital, a charitable institution,
had complete liability insur
ance coverage. The Oregon
court, however, stuck to the
old view. The court said the
rule is that charitable institu
tions are immune to liability
and whether or not the insti
tution carries liability insur
ance makes no difference.
Two judges did disagree with
the majority of the court and
would have allowed the in
jured party damages.
Many. Carry Insurance
In states were they are held
to be immune to such lia
bility, many charitable insti
tutions carry liability Insur
ance policies that make the
insurance company promise
not to use charitable immuni
ty as a defense unless the com
pany has the written consent
of the institution to do so. In
a 1959 case against the Uni
versity of Pennsylvania, an in
surance policy was in effect
and it contained this type of
clause. Even so, the insurance
company used charitable im
munity as a defense and the
Federal court permitted it to
do so successfully.
M
his bicycle shop at
mnnrfsnnpt intn what i
his bicycle shop at Ham
mondsport into what resem
bled a small airplane factory.
Paper Issued Challenge
To make the planes, Curtiss
used piano wire, bamboo and
silk.
The New York World, a
New York City newspaper,
issued the challenge for the
flight and put up the funds.
The young genius set to
work and built the "Albany
Flier," an ungainly looking
contraption that had pontoons
tied to its landing gear. Cur
tiss felt this was necessary
since he might have to land
on water.
On May 29, Curtiss and his
aides made last minute checks
of the "Albany Flier." He
boarded the plane, gunned its
motor and began the event
ful journey that was to earn
him the title of "the Father
of Naval Aviation,
Trying Moments
The trip was not without
its trying moments, so Curtiss
related later. North of Pough
keepsie, N. Y., a broken strut
forced Curtiss to land for
repairs.
Flying but a few feet above
the Hudson river, Curtiss was
speeding past Storm King
mountain when air currents
tossed the tiny plane with
tremendous force, almost up
Setting his well-laid plans.
But Curtiss held on and when
he reached Inwood, on the
northern tip of Manhattan,
he landed for refueling.
The take-off almost proved
the end of the journey. The
plane headed directly for the
water from a high cliff on
which it had set down. But
again Curtiss kept it under
control and headed for the
big city.
It was this experience that
led to present day smooth
take-offs of airplanes from
the decks of aircraft carriers.
For Curtiss was able to note
the amount of the "dip" from
the top of the cliff. It was
less than the allowable
amount of free fall that would
be encountered from the car
rier decks.
Curtiss' actual flying time
for the 152 miles was two
hours and 46 minutes, an
average of about 54 miles an
hour. But he wasn't out to set
speed records. He made his
tory in the first city-to-city
flight.
Three Have Close
Call in Boat Upset
Portland - IUPD - Three per
sons had a close brush with
death Saturday when their
speeding motorboat hit the
wake of another boat, flipped
end over end and capsized in
the Willamette river here.
The trio Included Thomas
Neal Smith, 26, a sailor and
driver of the boat; Phillip
Ingle, 7.2 and Ingle's wife,
Kathryn, 22, of Portland.
They clung to the hull of
the overturned boat until
Coast Guard end Harbor Pa
trol vessels came to their res
cue. ,
CENTER DEDICATED
New York -fllW- A 19-story
interchurch center, America's
first national headquarters
for Protestant and Eastern
Orthodox churches, wis dedi
cated here Sunday in cere-
nes Lilje. president of the
Lutheran Church in Germany.
He called the center a symbol
of United World Church ef-
I fotV
State Cong ressmen
Divided on
Of School
By tfOIII r BAM KLIN
c ' Mail Trikaso
WeeJii n Sanaa
Washington (Special) - Ore
gon's three Democratic rep
resentatives parted company
in their votes on a controver
sial feature of the $1.3 billion
school construction bill winch
passed the House last week.
Rep. Welter Norblad (R
Ore.) opposed the bill, which
calls for spending $325 million
a year for four yean. In or
der to qualify, the states must
match the Federal Govern
ment in the amount of money
it spends on school construc
tion. Oregon s share is $3,283,-
000 a year.
Although all three Demo
crats voted for final passage
of the bill, Rep. Al Ullman
voted against and Reps.
Charles O. Porter and Edith
Green voted for the Powell
amendment. Sponsored by
Rep. Adam C. Powell (D-N.Y.),
the amendment is controver
sial because it denies funds to
southern school districts
which remain segregated. As
a practical matter, such an
amendment causes southern
congressmen to oppose educa
tion bills; and in 1956 it was
the factor that caused a school
aid bill's defeat in the House.
Democratic proponents of
federal aid have usually voted
against the amendment to in
sure passage of the bill. Op
ponents of school construction
have voted for the Powell
amendment, knowing it would
affect southern supporters of
a bill. After the amendment
carries, opponents then vote
against final passage of an
aid bill. Rep. Norblad voted
for the Powell amendment
and against the bill as a whole.
Important Issue
Norblad explained his vote
for the Powell amendment by
saying "I just don't believe
federal funds should be used
to maintain segregated
schools."
Mrs. Green explained her
vote for the Powell amend
ment by saying, "I think civil
rights is one of the most im
portant issues facing the coun
try today, I believe in the
Supreme Court decision.
Funds should not go to those
districts who are openly defy
ing the Court decision."
Porter, who had in other
years voted against the Powell
amendment because he felt it
scuttled legislation, voted for
it this time because he felt
southern support was already
lost. He pointed out that earli
er in debate, the bill's sponsor,
Rep. Frank Thompson (D-N.J.)
told the southerners in effect
that the law of the land would
be carried out even though
this bill did not specifically
spell it out.
Porter said that since
Thompson's explanation kill
ed much southern support for
the bill, he decided to go
ahead and vote for the Pow
ell amendment. Porter did not
believe it would prevent the
bill from being enacted, and
he wanted to be counted on
the side of civil rights. Mrs.
Green also did not believe the
Powell amendment would kill
the bill. The bill passed by
just 17 votes, and their guess
proved right.
Vote Based on Principle
Oilman explained, "I re
spect the position of Edith and
Charlie because their vote was
based upon principle, and you
can make a valid argument
that the money should not go
to segregated schools. As far
as that fight is- concerned, I
am certainly with them.
"I just think it more Im
portant to get an education
bill, because I feel that the re
quirements of the Supreme
Court are such that any con
scientious a d m 1 n i s tration
would administer the bill in
accordance with what is re
quired in the Powell amend
ment. For this reason, I feel
the Powell amendment was
unnecessary."
All of the Democratic Rep
resentatives agreed on the ne
cessity for federal aid to edu
cation. They pointed out the
Increasing reluctance of home
owners to vote new bonds for
schools. They feel that prop
erty owners are strapped by
property taxes.
As Porter said, "The dis
parity between what we spend
for inanimate thlngs-for weap
ons whose value is gone be
fore they are completed - as
contrasted with the pitiful
amount we spend developing
human beings is striking in
contrast. This $325 million a
year is so small compared to
what we spend in other
fields."
Ha pointed out that there
was a specific clause In the
bill which prohibited federal
control over the state's educa
tional system. "I certainly op
pose federal control in educa
tion, and I am convinced the
bill prevents it," he said.
Me Growth teen
"We bare federal aid to
land great collages, th GI
BUI, and there ksreo been
many programs for amine unl
wattlae for many yam, and
Support
Measure
I have not seen any growth of
federal control." Porter said.
Mrs. Green said during the
debate that the problem is na
tional, that we are a mobile
people. "A poor educational
system in one state means that
an industry in a state halfway
across the country may have
difficulty in finding people to
meet its needs. When young
men from one state or anoth
er are rejected by the Armed
Services for educational deficiencies-young
men from an
other state must make up the
shortages.
. "To those who say that this
bill is too expensive, I address
one question: Is the strength
of America a luxury we can
not afford?"
When asked for comment
on his reaction to enactment of
the bill. Congressman Norblad
replied that he was sorry to
see another billion dollars
added to the national debt.
Anvil Missing Henry D.
Rogers, Elk Creek-Trnil, re
ported to sheriff's officers
that an anvil is missing from
his home, deputies said today.
Take Hand Car - Sheriff's
deputies are investigating a
report that juveniles took a
Southern Pacific railroad
hand car and were running it
on the tracks at Jackson Hot
Springs, south of Poenix.
Batteries Taken - Dunbar
Carpenter, Medford orchard
ist, reported to sheriff's depu
ties that two 6-volt batteries
were taken from his orchard
at route 3, box 124, Medford.
One was taken from a crawler
tractor and one from a spray
rig, deputies said today.
Kennedy Taking
Brief Vacation
Pebble Beach, Calif. - (l!PD -
Sen. John F. Kennedy ID-
Mass.) put politics aside to
day, the last day of a brief
vacation with his wife at the
site of their honeymoon.
The presidential aspirant.
who celebrated his 43rd birth
day Sunday, left word with
the switchboard at the Del
Monte Lodge that he was re
ceiving neither calls nor visi
tors.
- Kennedy will go back to
pursuing the Democratic pres
idential nomination Tuesday,
He will meet with Sen. Stuart
Symington (Mo.) and Cali
fornia Gov. Edmund G.
Brown at a $100 a plate Dem
ocratic dinner in Los Angeles.
He will be in San Francisco
Wednesday for a similar af
fair. Dr. Dooley Denies
Political Motives
Los Angeles-UPI!-Dr. Thom
as A. Dooley, 33, the physici
an who has established hos
pitals in Southeast Asia, Sun
day night denied charges he
was motivated by political
considerations.
"We're not taking care of
people because we fear other
wise Communists would take
care of them," he said at a
press conference. "We're tak
ing care of them because
they're sick."
Dooley stopped over here
briefly on his way back to
his hospital in Ban Houei Sai,
Laos. He had been in New
York for a checkup following
surgery one year ago for
chest cancer.
All tests were negative, he
said, "but it still is a long
ways from saying I'm cured."
College Students
Nabbed for Prank
Portland - (UPD - A lighted
candle was thrown Into the
struck Oregonian building
early Sunday and security
guards called the police be
fore they discovered it was a
college prank.
A six-inch candle was
thrown into the foyer of the
building by college students
from Portland State college.
They were David F. Hall, 21,
and Robert C. Powell, 22.
They were dressed in pa
jamas, bathrobes, shoes and
socks, and Powell was wear
ing a straw hat.
The youths told officers they
were being pledged to a fra
ternity and had thrown the
candle on instructions of their
pledge master. -
ALARM CLOCK GIFTS
Bilston, England - (UPD - In
stead of distributing the usual
prayer books to confirmation
candidates, St. Leonard's
(Church of England) church
Sunday gave them alarm
clocks - to mska sure they
wake up In time for Sunday
services
Locals
. i
: I Via -
is - jr -
B-17 DISAPPEARS-Unnoticed but not un- B-17G was one
lamented, the gallant B-17 has disappeared sions of the B -
from the skies it once ruled. A Boeing B- War II.
17G is shown in flight during 1944. The
Only Legends and Memories
Left of Once-Gallant
Washington - (UPD - Unnot-
iced but not unlainented, the j
gallant B17 has disappeared
from the skies it once ruled.
The Air Force has destroy
ed the last B17 carried on its
books as a missile-target air
craft, the Coast Guard has
given up the B17s it used as
air-sea rescue planes, and
about all that remains is a
flock of legends and mem
ories.
One of them is being used
as a flying aquarium. A
couple still are flying as crop
dusters. But as an active air
craft, the B17 has gone into
retirement.
Dubbed the "Flying Fort
ress" when Boeing, brought
out the first model in 1935,
the B17 was undoubtedly the
most famous warplane ever
built. At the time, it was wide
ly criticized as too big a plane
for pilots to handle. By the
end of World War II, how-
Parachute Jumper
Killed in Fall
Elsinore, Calif.-(UPD-It was
an exciting moment for Mrs
Vanda Pfeifler. She had made
parachute jumps before, but
Sunday was the first time she
would pull the ripcord her
self instead of having it pull
ed automatically by a line at
tached to the plane.
It was too exciting. Mrs,
Pfeiffer, 32, apparently was
paralyzed by fear. She never
pulled the cord.
With her busband and their
three children watching, she
tumbled 3,500 feet to the
ground. Her body landed in
front of about 200 spectators.
Her husband, William, 32,
Anaheim, Calif., had made his
first "free-fall" jump only an
hour before.
Pfeiffer and other members
of the Skylark Parachute
Club said she made no effort
to pull the ripcord of either
of the two parachutes she
was wearing.
Oregon Sheriffs
Slate Convention
Bend - (UPI) - The Oregon
State Sheriffs association
opens a two-day meeting here
Thursday.
State Sen. Monroe Sweet-
land, Milwaukie, Republican
nominee for secretary of state,
will be the keynote speaker,
and will discuss tax problems.
Presiding at the meeting
will be Deschutes County
Sheriff Forrest C. S h o 1 e i.
president of the association.
SPACE BETS TAKEN
Belfast - IUPII - Irish book
maker Tom Forsyth is taking
bets on which nation will be
the first to send an astronaut
into space and bring him back
alive. Forsyth's odds are 5 to
1 for Russia, 8 to 1 for the
United States, 12 to 1 for
France and 11 to 1 for Bri
tain. He said Sunday he has
taken four bets so far.
GOT AND WENT
Tulsa, Okla. - IUPD - The
owner of the Get and Go gro
cery store here told police
Sunday a burglar got and
went with some $800 worth of
cigarettes.
TRY
PANCAKE SPECIALTIES
Designed for LUNCH or DINNER
Open 6 A.M. to 7 VM.
SILVER GRILL
403 bat Main Moeifard
ever, Boeing and two other
licensed manufacturers had
turned out 12,731 of the four
engined giants, and they car
ried the brunt of the air war
against Nazi Germany,
Dropped Bombs
B17s dropped 640,036 tons
of bombs on European targets
-about 75 per cent of the
bomb tonnage unloaded by
all U. S. aircraft. In compil
ing this record, the B17 also
managed to build a host of
legends about its fantastic
durability.
It was a noisy and drafty
plane. Pilots claimed it was
like taking off in a perforated
box car. But there never was
an airplane built that could
absorb punishment like the
B17. They used to limp home
on two engines with tails half
shot away and wings literal
ly flapping.
One of tlie favorite B17
stories concerned the ship that
developed engine trouble over
Italy. The crew bailed out.
leaving behind a couple of
small dogs carried as mascots.
The B17 droned along on
two engines, finally wound
up over Turkey, ran out of
gas and glided to a perfect
landing. When Turkish troops
inspected the plane, all they
found were the two dogs. To
this day, some of those sold
iers probably are convinced
the U. S. trained canines to
fly bombers.
Wartime Record
The most famous B17 was
"Alexander the Swoose"
which set a wartime record
by averaging ISO combat
hours a month. Originally, it
was Just an ordinary, run-of-the-mill
B17 which was park
ed on Clark Field in the Phil
ippines Dec. 8, 1941.
Attacking Japanese planes
made a mess out of that par
ticular bomber. They tore
holes in the shining alumin
um, turned the four engines
into junk and did a haircut
on its two miles of wiring.
When they finished, the $200,
000 Bi7 was worth about $200
In a junk yard. That's where
it would have ended except
that the U. S. needed planes
too badly.
Mechanics installed undam
aged engines from hopelessly
wrecked planes. They patched
up the wiring and grafted
parts from other aircraft be
yond repair, That's where
this B17 got its name -"Alexander
the Swoose,"
after the Walt Disney char
acter that was half swan and
half goose. The crew painted
a funny - looking bird on
"Alexander's" nose, with the
body and wings of a goose
and the head and neck of a
swan. Underneath they letter
ed the words, "It Flies?"
"Alexander" flew. Missions
over the the Philippines and
Dutch East Indies. In one
year, the hybrid bomber flew
enough missions to equal 15
flights around the world.
"Alexander" became famous
after some one wrote a book
about it and an Air Corps gen
eral pulled "Alexander" out
of combat duty and made It
his personal plane for a while.
Reduced To Ferrying
"Alexander" eventually was
reduced to ferrying personnel
and mail. V-J Day found it In
a graveyard for surplus war
planes too weary and batter
ed for active duty. But Air
Force officials who remem-
OUR
. i ' H X ' f
of the many improved ver-
17 developed during World
(UPI Telephoto)
B-17
bored the veteran saved
"Alexander" from the junk
yard and marked it for per
petual display in the Smith
sonian Air Museum.
That was the story of the
most famous B17. "Alexander
the Swoose" . . . Alexander
the Indestructible . . , a crazy,
mixed-up airplane with a second-hand
hide and a funny
nickname and a living, breath
ing personality . , . with a
couple of hundred worn-out
parts belonging to someone
else and the spirit of Ameri
can air power in every aching
bolt.
There was and Is a bit of
"Alexander" in every U.S.
plane, including the old, beat
up B17s that wound up their
lives acting. as drone punch
ing bags for the new guided
missiles , . . doing a dirty job
for their country as-they did
a long time ago when they
were proud and shiny and
deadly queens of the air.
CHARCOAL
STEAKS
TILL MIDNIGHT
CANDLE
ROOM
HOTEL
Medford
Open Daily ,
5:30 P.M. to Midniaht
Sundays 4 P.M. Till 11 P.M.
It soaring Inflation the inevitable
price of economic growth? The
relationship between prices and
growth was the question 64 repre
sentatives of education, labor,
business and government put to
themselves recently at a meeting of
the American Assembly, Their
answer: we can indeed have dy
namic growth with reasonably sta
ble prices and low unemployment.
But there Is only one way this ideal
can be translated into reality
through a continued effort by all
of us to achieve a steady rix H
productivity.
Tiki i look t do M Moat
I ant N yMril Wrtto toiler lor M
IrM OMMtt. "PriMS, Grow) MWj
Ym", to: American AiMmblr,
Cmt Unr, Mm Voir
i-mwre ii
M nnhll UMlM
IS cottMration with Th AdvorUtfnf
iwwwi ami epa rtawaajipar
I SajKuirvM luaoclatwi.
r ,,0 o
MAH nwUNg, Medea
9!
' ' '
RAG9DALE - To fr. 4
Mrs. Russell, route 1, box 24
Butte Falls, May II, II
boy, 9V opunds, at
Heart hospital.
BUNKER -Tq r. and Sfrsv
Leo B. Jr., Big Pearl at., MaeV
ford, May 30, 1M0, a boy, Im
pounds, at Sacred Heart boa
pital. b
SHALLENBERGEB-Ta Mr.
and Mrs. John I., Prospect,
May 29, 1960, a girl, g 1
at Sacred Heart hospital.
LUCHTERHAND - To Mr.
and Mrs. LeRoy S-, 1511 West
Main ui., Medford, May 10,
1U60, a girl, 9 pounds, at
Sacred Heart hospital.
BRYANT-To Mr. and Mrsv
William C, 4950 Highway
South, Rogue River, May 21,
I960, a boy, 7 pounds, at Sa
cred Heart hospital. '
KOUNZ-To Mr. and Mrsw
Monte J., 805 Taylor St., Med
ford, May 27, 1960, a boy, 9H"
pounds, at Sacred Heart hos
pital. NOW SHOWING
BURT
LANCASTER
AUDREY
HEPBURN
LIFE
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cheap re
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