m Fraternal
eel 1m Mm
Sronps To
Argentina,
Venezuela
End Revolts
By United Presi International ment described as a prelude
Army troops in Argentina
and Venezuela today crushed
armed extremist attempts to
topple the constitutional gov
ernments of those countries.
In Argentina, rightist die
hard followers of ousted Dic
tator Juan D. Peron failed in
a bid to topple the Arturo
Frondizi regime with attacks
on army garrisons in two
major cities.
Army Tightens Grip '
In Venezuela, the army
tightened its grip on the capi
tal city of Caracas to foil
leftist plans to use the labor
movement to foment civil
strife.
The political turbulence in
the two big South American
nations put more than a third
of the South American con
tinent under direct or Indirect
military rule.
. Argentina and Venezuela
were the seventh and eighth
nations in the hemisphere to
resort to force to subdue civil
strife in as many weeks.
Earlier this month, Guate
mala and Nicaragua crushed
internal revolts which they
said were inspired or support
ed by Cuba, and the United
States established a naval
patrol off their coasts to pre
vent invasion.
Martial Law Declared
Haiti mobilized its army
and declared martial 1 a w
when students called a nation
wide strike which the govern-
Ricker Accepts
Home Rule Post
Eugene K. Ricker, Mcdford,
was appointed to the Jackson
county home rule study com
mittee this morning to replace
Medford pharmacist Gordon
Hudson, who resigned, recent
ly for business reasons,; , i
In a letter to pottrjly Judge
,ari Miner, nicKer accepted
the appointment and said he
and his wife would be back
from a visit in Germany about
Jan. 18. Ricker is former man
ager of the Camp White domi
ciliary. He is a Democrat, as is
Hudson.
Judge Miller explained that
the Jackson county legislative
delegation had recommended
Kicker's appointment. How
ever, tile county court must
actually make the appoint
ment. Originally the selection
was to be made by the legis
lative delegation. Due to cam
paigning for the recent gen
eral election the legislators
were unable to get together
to make the appointment by
the deadline so the job fell to
the county court, Miller ex
plained. Miller said he has not yet
received a resignation from
Mrs. Lester Adams, Apple
gate. Mrs. Adams had told
committee chairman Mrs.
Thomas Rutter, Medford, she
would have to resign due to
illness. '
Tug Breaks Up on
Jetty at Bandon
Bandon-IUPIl - The 118-foot
seagoing tug Elizabeth Olson
broke up on the rocks of the
north jetty here today but the
H-man crew was rescued.
Five of the crew were hos
pitalized, including the skip
per. Capt. Charles May of
Crescent City, Calif., who suf
fered a broken ankle. He was
the most seriously injured.
WEATHER
FOnCAST: Variable cloudiness
wllh chance of occasional
showers tonight and Thursday,
l.nw tonight 35-38. High
Thursday 48,
Temp.
HlEhest Yesterday 59
Lowest This Morning 47
Our Skies Tonight
Sunset today 4:40 p.m.
Sunrise tomorrow 7:21 a.m.
Moonset tomorrow 5:39 a.m.
Full Moon Dec. 2
The planet. Mercury, rises a
bit later each morning and will
soon be lost In the rays of the
rising sun. Mercury's next ap
peirance. as an evening plan
et, will be early In February.
to a Cuban-supported revolt
to overthrow the government.
Honduras and Costa Rica
called out their armed forces
to turn back armed rebels
seeking to use them as in
vasion bases for the attacks
against Nicaragua and Guatemala.
Last month, the constitu
tional government of El Sal
vador was overthrown by a
civilian - military junta of
leftist leanings ana a pro
nounced pro-Castro bent,
Court Continues
Motion Arguments
Until Thursday
Circuit Judge Edward C.
Kelly yesterday afternoon
continued until tomorrow ar
guments on motions to quash
and to set aside eight indict
ments in the O. H. Bengston
case involving charges of em
bezzlement of funds from the
Medford Escrow company.
One of Bcngstons attor
neys, Richard R. Carney, Port
land, protested that he would
prefer to continue the argu
ments next week because of
his schedule. However, Judge
Kelly reaffirmed the time set
as 1:30 p.m. Thursday.
'The court does not wish to
drag this case out any longer
than absolutely necessary,
Judge Kelly said. I assume
that since you will not be here
Mr. Boycr (Robert Boycr,
Medford lawyer also repre
senting Bengtson) certainly
will be and he can argue in
Mr. Bengtson's behalf. There
have already been letters to
the Mail Tribune protesting
that Mr. Bengtson is receiving
preferential treatment since
he is a member of the bar.'
In Charge of Trial
Carney protested that he
has been in charge of the trial
As far as preferential treat
ment is concerned, "another
defendant in the case has not
been brought to trial at all.1
He was referring to Rachel
Peterson Carter, Jacksonville,
former officer in the Medford
Escrow company.
In the motions to set aside
the indictments, it was
charged that seven members
on the October grand jury
which returned the indict
ments were not selected and
drawn in accordance with the
constitution and law of the
state.
The court also failed to
examine the jurors as to their
qualifications, that the county
clerk, in preparing the pre
liminary jury list, "discrimi
natorily and arbitrarily" ex
cluded persons over 70 years
old and other persons in cer
tain occupations, and that the
county clerk failed to select
the jurors by lot, according to
the motions.
Deputy District Attorney
Brian Mullen argued that
"there is nothing in the mo
tions to indicate unfair treat
ment, fraud, and prejudice,
and that no fraud or prejudice
is "shown by the county clerk
in making the jury selection."
The arguments were con
tinued to allow Bengtson's at
torneys to cite authority or
file other affidavits other than
the one from County Clerk
Marvin Madden as to selection
of the jury list, and to allow
the district attorney's office to
file counter or explanatory
affadavits.
IPfP
OErsAL COURT
INTEGRATION MOV
UPHOLDS SCHOOL
Elf-J
LOUISIANA
Regional Edition
Medford
55th Year Price 10 Cents
Tribune
22 Pages
MEDFORD, OREGON, WEDNESDAY, NOVEMBER 30, 1960
No. 218
17 State Laws
Declared To Be
Unconstitutional
Last Legal Hopes
Lost in Decision
BIS TILE At the point where new Highway 09 freeway will cross Table
Rock rd., some 475 feet of 36-inch concrete tile is currently being laid as a
passageway for a 6-inch water main. According to Clay Sugg, foreman of
the project, the tile will allow water to escape in the event there is any
leakage from the main, thus preventing undermining or softening of the
M. C. Lininger and Sons, Medford, arc contractors for the job.
new roadbed. In order for work1 to start on the Tablo Rock rd. overpass,
the water main had to be laid first, because a detour must be built over
the location, Sugg said. The picture above shows the tile being unloaded
at the site. Considerable clearing work has been done recently in the area,
and brush, some of which has already been burned, can be seen in the
Permits for Trees
To Be Available in
National Forest
BOND SALE APPROVED
Salem-flJPl) - Public utility
commissioner Jonel C. Hill to
day authorized the sale by
Oregon-Washington Telephone
Co. of $1.5 million in five per
cent first mortgage bonds and
19,000 shares of its no par
value common stock. The pro
ceeds will pay for construc
tion, completion,, extension
and improvement of current
facilities. '
With Christmas again at
hand, most ranger districts in
the Rogue River National for
est are now, or soon will be,
issuing Christmas tree-cutting
permits to area residents. The
procedure for obtaining trees
this year will be essentially
the same as in past years.
Tom Harlan, administrative
assistant for the Rogue River
National forest, said tree-cutting
permits should be obtain
ed from the ranger station
having charge of a particular
district. Personnel at the rang
er stations also will direct per
sons to the proper cutting
areas.
The types of trees in each
district and the dates on
which they will be made
available, are as follows:
Union creek Shasta fir
will be available at $1 a tree.
Permits are already being is
sued and will be issued every
day between now and Christ
mas from 8 a.m. to 5 p.m.
Available Free
Butte Falls-A limited num
ber of Douglas and White fir
will be available free. Per-
Multnomah County 'Moonlighting'
Law Upheld by Oregon Supreme Court
Salem -fUPil- The state law
prohibiting "moonlighting." or
holding a second job, by Mult
nomah county employees is
constitutional, the Oregon Su
preme Court ruled today.
The decision by Justice Al
fred T. Goodwin reversed a
decree restraining Multnomah
County Sheriff Francis Lam
bert from enforcing an order
prohibiting outside employ
ment by members of his de
partment. A number of deputies under
Lambert filed the injunction
suit and the trial court held
.1
that the statute was unconsti
tutional.
The legislature passed a
special 1 a w pertaining to
moonlighting in Multnomah
county.
Goodwin said there was no
merit to the contention that
limitation of the statute to
Multnomah county made it
unreasonable, arbitrary and
"special or class legislation"
plus the contention that It was
unconstitutional as local leg
islation.
employees equal protection of
the law or equal privileges
and immunities.
The decision said that the
legislature in passing the law
was "neither unreasonable or
discriminatory."
In a per curiam opinion,
the court ordered a new trial
for Lee Parker, 34, Portland
in connection with the slaying
of Robert Holloway, 46, Port
land. Earlier the court reversed
Parker's second degree mur
der conviction but did not in-
mils will be issued starling
Dec. 6. The trees will come
from an area which the dis
trict wants thinned out.
Prospect A limited num
ber of Douglas and White fir
trees will be made available
under the same conditions as
they are in the Butte Falls district.
Ashland Information on
tree-cutting in the Ashland
district has not yet been made
available.
Applegale No Shasta fir
Other species of trees will be
available at two trees for SI.
Permits will be issued starting
Dec. 6.
Klamath Shasta and Red
fir will be available at $1 per
tree; anything else is free. Per
mits will be issued starting
Dec. 1.
Information on where to get
trees in the Klamath district
can be obtained from the U.S.
forest service, Klamath rang
er district, room 203, Klamath
Falls post office, or at 111
Walnut St., in Klamath Falls
A man will be on duty at
the Pelican Scaling station at
Rocky Point junction Dec. 3
and 4, and Dec. 17 and 18. He
will sell permits and issue free
use permits for the Klamath
district on those two week
ends only.
Information and permits for
tree-cutirig in all of the other
districts should be obtained
from the respective ranger
stations. ,
He also disagreed that the! dicatc further disposition of
law denies Multnomah county i the case.
Seed Growers Told
Reason for Concern
Portland -UPD- Sen., Wayne
Morse, (D-Ore.), told delegates
to the 20th annual Oregon
Seed Growers League conven
tion Tuesday that Oregon
farmers have reason to be
concerned with present Im
ports of cattle, sheep,- lambs,
wool, oats, cherries filberts
and fescue seed.
Sites Foundation
Announces Plans
To Restore Hotel
Plans to restore the U.S.
hotel in Jacksonville to its
condition during the pioneer
town's heyday have been an
nounced by Siskiyou Pioneer
Sites Foundation.
The Foundation plans to
hold its December meeting In
the hotel to inaugurate the
work.
Foundation officials said
they hope restoration of the
U.S. hotel will be the first
step in a complete restoration
of Jacksonville.
Volunteer labor, materials
and work supervision will be
utilized in the structural reno
vation of the hotel, the Foun
dation said.
The Medford Building
Trades Council, through the
efforts of Charles Crary, has
agreed to provide labor. Jack
Batzar, Medford, has volun
teered his services as general
contractor, and Jeffrey Shuic
of the R. J. Keeney firm is
the architect. Marquess and
Marguess, Medford, will serve
as consulting engineers.
Certain woodwork and turn
ings will be done by students
in Jackson county school
shops, the Foundation said,
and local dealers are being
approached to donate materi
als. The Foundation's building
committee said much material
already has been donated or
promised.
Co-chairmen of the rebuild
ing effort for the Foundation
are Dr. Frank Haines, South
ern Oregon college, Ashland
G. W. Brewer, Jacksonville;
and Jack Sutton, Grants Pass.
Other groups prominent In
the work include the Jackson
ville Lions club and the Jack
sonville city council.
The Foundation said the
first step in rebuilding will be
to replace the balcony in front
of the hotel. After this is com
plete, the rear wall and the
wing wall of the hotel will be
rebuilt before the interior is
restored.
No Commitment
Made on Voorhies
Freeway Crossing
The Jackson county court
this morning read a letter
from Medford Chamber of
Commerce President Gerald
Latham urging immediate ac
tion on a proposed road and
freeway overpass from Voor
hies crossing to the North
Phoenix rd.
However, a letter from the
bureau of public roads office
in Portland did not commit it
to construction of the over
pass. County Judge Earl Miller
said the county court has
been working for two months
to provide the cross -valley
link, and he had written to
the bureau Nov. 10 request
ing inclusion of the overpass
In the freeway construction
program.
"Situations involving urban
expansion after construction
of i the interstate (freeway)
will undoubtedly develop In
many areas. Each will be con
sidered on its merits at the
time plans for urban ex-
Plea Made for
Toys in Ashland
Ashland The Ashland post
of the American Legion made
an appeal to Ashland citizens
Tuesday for contributions of
used toys to be repaired and
distributed to needy children
at Christmas.
Toys may be taken to the
Ashland fire hall or the Le
gion can arrange to pick them
up. Ashland firemen will
make mechanical repairs. The
toys will then be taken to the
White City Domiciliary for
painting and carpentry repair
work.
Further Information on the
Legion's project may be ob
pansion are made firm and
funds for financing urban ex
pansion become available," ac
cording to the letter signed by
R. J. McCIarty, acting region
al engineer, bureau of public
roads.
Might Ba Eligible
"Commitments cannot be
made now for providing ac
cess to areas tftat are expect
ed to be developed at a fu
ture time," McCIarty wrote.
"However, it would appear
that some of the more Impor
tant crossroads to be develop
ed in the future might be
eligible for inclusion in either
federal aid primary or second
ary systems." '
Action to include any road
in the federal aid system must
be initiated by the state, the
regional engineer explained.
All pertinent data should be
presented to the state high
way department, he said.
The matter may be discuss
ed further with Division Engi
neer Clifford G. Polk of the
state highway department in
Salem, McCIarty suggested.
Latham wrote that the
chamber's highway commit
tee "can foresee serious con
flicts caused by local traffic
congestion on Barnott rd. at
the freeway Interchange, They
(committee members) are
firmly convinced the crossing
in the Voorhies area would
tend to soften this conflict by
diffusing a sizeable portion of
the local traffic
Latham wroto that the
chamber's board of directors
had approved the committee's
recommendation, The Jack
son county planning commis
sion has also made such a
recommendation.
Miller has referred the mat
ter first to highway commis
sion engineers, then falling to
get a satisfactory answer had
New Oileuns-IUPll-A federal
court today struck down state
segregation moves and two
white parents, the lone hold
outs against a student boycott,
slipped .their daughters in the
back door of an integrated
school.
The court struck down one
of the last legal hopes of
Southern segregationists -the
theory of interposition - and
declared 17 state laws and
five resolutions unconstitu
tional. Segregationist leaders
said it was a "sad moment"
but indicated they would ig
nore the ruling.
Minister Braves Crowds
It was almost too late. The
two elementary schools that
the court long ago ordered in
tegrated were practically scg-regated-two
, white students
and four Negro students.
The Rev. Andrew Foreman
braved crowds of sometimes
violent hecklers to take his
daughter,- Pamela Lynn, 5, in
tne back door of William
Frantz Elementary School,
Police held a crowd of
about 100 persons at the front
of the building.
Second Child Enters
Two hours after school be
gan, a white woman who was
attacked by the crowd Tues
day led her child In the back
door. Mrs. James Gabriel lc
took Yolanda, 6, to school her
self after asking for a police
escort.
The crowd missed her as
she went in, but gave chase
when she left the school. Mrs.
Gabrlelle didn't run, and po
lice stopped the women chas
ing her.
Guide Dog Saves
Master from Injury
Ashland Al Kinser and his
guide dog, Timmy, who de
liver the Ashland Tidings In
the downtown Ashland dis
trict each afternoon, escaped
injury when glass from a fall
ing window pane shattered on
the sidewalk In front of them
Tuesday morning.
It was Tlmmy's aulck ac
tion that kept his blind mas
ter from being directly under
glass that had been blown
from a ninth floor window of
the Mark Antony hotel at
First and Main sts.
This is the second time that
Timmy, a black Labrador re-
trievcr, has pushed his master
from danger.
Last year, the guide dog
was presented a medal for
bravery as the result of hav
ing saved Kinser from a run
away truck that veered across
Main St. and crashed into a
shop window. On that occa
sion both master and dog suf
fered minor cuts from flying
glass. Kinser lives in Talent
with his wife and children
tnlned from Carrol Anderson
Legion commander, or Clat- written the bureau of public
ence Mathes, past commander, roads'.
Properties To Be
Assessed Under
Commission Rule
Assessors Decide
On Harder Look
Salcm-IUro-Millions of dol
lars worth of property belong
ing to fraternal organizations
in Oregon will go on the tax
rolls for the first time next
year, the Oregon Tax Com
mission said Tuesday.
The exact amount is not
known because most of tha
properties involved have not
been assessed.
Commission Chairman
Charels Mack said the decis
ion was made by county as
sessors at a meeting with the
commission Nov. 21.
A commission statement
said the action is due to "ir
regular practices" by assessors
in various counties.
Some assessors have not as
sessed fraternal properties
even though they are not ex
empt under the jaw, the com
mission said.
The law says property of
charitable, benevolent and sci
entific institutions may be ex
empt from taxation but to
qualify, buildings must ba
used solely for the purpose for
which the groups are char
tered. Questionable Area
"It's been a questionable
area for years," Mack said. Ha
said the assessors themselves
decided to take a harder look
at those exemptions.
Lane County assessor Ken
neth Omlid said fraternal
groups and lodges in the past
have received full exemptions
in Lane county.
But he said the law did not
support these exemptions,
since "these groups are set up
for the use and pleasure of
members, and charitable work
is not their primary concern.4
Robert Kline of Toledo, Lin-
colnxounty assessor and presi
dent of the: Oregon Associa
tion of County Assessors, said
he. believes- all 38 counties
have some additional property
that -will go on the rolls.
Matter of Interpretation
, Some buildings of fraternal
groups are already on the tax
rolls while in other counties
buildings belonging to tha
same group are not.
"It's been a matter of Inter
pretation of the law," Kllna
said. "Assessors used quite a
bit of latitude and the idea
now is to make the whole
thing uniform."
Kline said state, tax offic
ials gave the assessors an opln- .
ion several months ago that ;
it "appeared" that property of
fraternal groups was taxable.
Snowstorm Batters'
Western New York
By United Press International
A fierce snowstorm pum
mellcd western New York
state today.
It dumped up to 18 inches
of snow on the Buffalo area,
crippled transportation and
closed schools.
Drifts piled four feet deep
in some outlying areas.
Bitter cold gripped the
Northern Plains in the wake
of blizzards and fast-moving
snowstorms and freezing
weather speared deep into the
Gulf states.
Wind Blows Down
Trees Near BF
The Jackson county road
department was called to
clear two trees from Cobleigh
rd., two miles from Butta
Falls, after they narrowly
missed falling on a car during
last night's gusty winds.
Lloyd Boussie, Obenchain
rd., Butte Falls, told state po
lice he was traveling north
about 35 miles per hour when
a tree nine Inches in diameter
fell in front of the car. Bous
sie was unable to stop, and
ran into the tree. A limb
caused minor damage to a
car door. Another tree fell be
hind the car, and Boussie had
to walk out.
County Engineer Robert J.
Carstensen said the trees have
been cleared from the road by
now.
Post Office Move
To Seattle Started
Portland -IUPD- They began
hauling away equipment for
the Northwest regional post
office Tuesday night as Ore
gon planned a last-ditch ap
peal in court to halt head
quarters' movement from here
to Seattle.
A fleet of trucks hauled
away furniture and equipment
from the regional headquar
ters here. The official transfer
was ordered by Postmaster
General Arthur Summerfield
to be effective Thursday.
Coed Believed Kidnaped
From Scene of Murder
Portland -4UPH- Sheriff's of
ficers said today they believed
missing coed Beverly Ann
Allan, 19, was abducted from
the spot where her boy friend
was slain last week end.
Chances for the firl's life,
"arc getting thinner all the
time," Sheriff Francis Lam
bert said. Officers believe
Larry Ralph Peyton, 19, a
student at Portland State Col
lege here, died In a violent
struggle to protect his pretty
girl friend in a lovers' lane.
He was stabbed 23 times and
struck over the head.
Search in the wooded For
est Park area continued with
out letup in hopes of finding
out what happened to the girl
and clues to the slaying of
young Peyton. Sheriff's depu
ties and bloodhounds combed
the area without finding any
thing to help them crack the
case.
Meanwhile funeral services
will be held at 11:30 a.m.
Thursday for Peyton,