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Court Upholds
Copco in Suit
On Forest Fire
Salem - (UPI) - The Oregon
Supreme Court today uplieid
California Oregon Power Co.
in an action brought against
the firm by the $ate forestry
department to recover $40,
682 spent in fighting a forest
lire that allegedly started on
company right of way.
The decision written by
In Laos Kingdom1
Vientiane, Laos -(UPII- The
pro-Westeni government of
Premier Prince Boun Oum
was installed in office today
by a Buddhist priest. The
quiet, simple ceremony was
in sharp contrast to the re
ports of bitter fighting in pro
vincial areas of this Communist-beleaguered
kingdom.
The priest administered the
oath to the prince and his
cabinet in a 15-minute cere
mony in Sisaket Wat, a weather-beaten
13th Century Bud
dhist temple located across
the street from King Savang
Vathana's Vientiane villa.
Unanimous Vote
The king came here from
the royal capital of Luang
Prabang specifically to con
voke a three-day session of
parliament to formalize
Prince Boun's status as pre
mier, The National Assembly
gave Boun a unanimous 41-0
vote of approval Wednesday.
But a left-wing Laotian gov
ernment - in - exile headed by
the "Red prince of Laos,"
. Prince Souphanouvong, de
nounced Boun's investiture as
premier as a fraud perpetrat
ed by force of arms.
, Would Request Aid
In a statement broadcast
over the clandestine radio of
the Communist Pathet Lao
rebel movement, which he
heads, Souphanouvong . de
clared he never would recog
nize Boun's government and
warned he would ask for out
side military aid if the United
States "continued to inter
vene" in Laos.
Bed Rock at Lake
To Prevent Pilings
A check of the proposed
dock site at Howard Prairie
lake recently by officials of
the county engineers' office
showed that bed rock near
the surface will not allow the
use of pilings to hold the
dock.
Robert Carstensen, county
engineer, said that future
work will be done as soon as
the county parks and recrea
tion commission decides on
the type and size of dock
wanted at the lake. He said
that once this is decided the
type of underwater construc
tion to anchor the dock to
may be determined.
The county engineer said
that bed rock was located at
the proposed site near the
boat landing 18 inches under
ground. He added that there
are several other highly sat
isfactory types of anchors for
floating docks.
CONGOLESE RIOT
Leopoldville, The Congo -H'PII
- A mob of 100 Congolese
rioted today outside United
Nations headquarters where
U. N. Secretary - General Dag
Hammarskjold was conferring
with Congolese officials.
Building Activity in
Medford Sets Record
Building activity in the city
of Medford apparently sot a
new record for the month, trf
December, with.buildiii par
mits valued at nearly 1 Mil
lion beinc issued.
A total ft 92 permit, valil
at $983,910, were issued dur
inDccember. A building de
parlmiS?. official called the
figure "l r 1 y remarkable,
since building activity nor
mally falls offQduririg De
cember." Last month's total was an
increase of more than S250.000
over the December, 1959, total
q of $702,203.(1131 month was
also considered lo be an excep
tionally good building month.
L?-.l month's figure was
snbj'nntiiill.v higher than the
Dwir.'-Pf, 1958 total when
$2J.,'V worth of prr:v;'a
wrt ;ssued, und the Decern-
Justice Kenneth O'Connell af
firmed Tircuit Judge Orval
J. Millard.
The fire broke out when a
tree was blown across a power
line during a strong wind
storm. The downed line touch
ed off brush on the company's
right of way.
The blaze burned for sev
eral days over about 4,200
acres of forest land in the
Sykes creek area in Jackson
county in September, 1955.
Owner Has Liability
Oregon law provides that
an owner or possessor of land
is required to use every effort
to control and put out fires
and liability for failure to do
so rests with such owner or
person.
But the high court said
Copco's interest was "merely
that of an easement" and that
such interest is non-possessory.
The decision said the
company was not a person in
possession within meaning of
the law nor was the company
an operator. It could not be
classed as the owner either,
the court added.
O'Connell wrole that the
legislature intended to impose
the liabilities on those en
gaged in removal of timber
as a forest crop.
The court said there was
"no foundation" for the state's
action against the company
Bus Line Favored
The Gray Line company was
favored in a personal injury
decision written by Justice
Alfred T. Goodwin.
A bus was involved in an
accident near Umatilla caused
by a tire blowout. A passen
ger, Manda Simpson, sued for
alleged personal injuries.
Multnomah County Circuit
Court Judge Eugene K. Op
penheimer's court ruled for
the company and the Simp
son woman's appeal argued
that the judge instructed the
jury incorrectly.
The high court ruled other
wise, affirming Oppenheimer.
Construction of
Tunnel Starts
Cave Junclion-Grafe-palla-han
Construction company,
Los Angeles, was expected to
start work today on the Ore
gon Mountain tunnel on High
way 199, just south of the
Oregon state line.
Grafe-Callahan submitted a
low bid of S3.431.743 for the
tunnel, which will be 1,835
feet long with a 26-foot two
lane roadway and two-foot
sidewalks.
R. E. Rcplogle, superintend
ent engineer, said the com
pany expects to have the nec
essary equipment on location
by Jan. 15, when construction
is expected to be in full swing.
Grading is now being done
on the north approach to the
tunnel, and bids for grading
and paving the . south ap
proach, for which $2,955,000
has been budgeted by the
California division of high
ways, will be opened Feb. 1
in Sacramento.
Enrollment Reaches
1,108 at College
Ashland - Enrollment for
the winter term at Southern
Oregon college reached 1,108
students at the end of the
third day of registration yes
terday. On a comparable date last
year, 1,088 students had en
rolled. Registration for the
winter term will continue
through Monday, Jan. 16.
Total enrollment last year
was 1,213, a record number
for a winter term.
b&r, 1957 total when uwly
990, 765 werth of permits worn
Pacing last mo-th's tatal
was row building construe-
tKn. The new buildings for
which permits were taken out
luring December include the
S5S3.000 J. JPNewbcrrv de-
partmc9t store; a $57,990 state
office building addition; the
$22,000 Nye and Naumos com
pany warehouse, and a $52,000
Cfdar Lodge motel restaurant
u Starts were made on 14
new residences during the
month, having re combined
value of $148, bin. Permits to
remodel or
repair cxistag
buildings totaled $84,153..
A building department offi
cial said today that the total
building activity for the 1960
year should also be substan
tial. A year-end report will
be issued within a few days.
Regional Edition
Medford
36 Pages
OffF- , , - 1 t
Kk i 4S5
EVACUEES ARRIVE Passengers on the City of New Or
leans ferry coming from Havana, Cuba, line the rail as
the ship docks at West Palm Beach, Fla., today. The vessel
'i-A-i ! if : ?, - ft i
CAMPAIGN CHAIRMAN The Senate Republicans have
unanimously renamed Sen. Barry Goldwatcr (Ariz.) as their
campaign chairman after an "air-cleaning" exchango be
tween Goldwater and Sen. Jacob K. Javils (N.Y.). Javits,
left, and Goldwater are shown as they left the GOP con
ference in Washington today. (UPI Telephoto)
Limousine
On Agenda for City
Councilmen Tonight
The Medford city council
will attempt to solve the city's
limousine problems once and
for all when it meets tonight
in the city hall amid charges
of "smear" and "bad faith"
being hurled at each other by
the city's two limousine com
panies. One of the companies, the
M e d ford Airport Limousine
service, is attempting to have
the council revoke the limou
sine license of the other com
pany, the Yellow Cab Limou
sine service. Yellow Cab com
pany calls the attempt part of
a "vicious smear campaign."
The problem was further
compounded this morning
when it was revealed that por
tions of a report, prepared on
a recent hearing of the
charges, were substantially in
error and the errors were pub
lished in the Mail Tribune as
fact.
Hearing Held
The report WfCs prepared by
Alan B. Holmes, then munici
pal judge acting a hearing
examiner, and now district at
torney. The report camo a
the result of a hearing called
by the council to coraidor
Charges and counter-charges
that were made by the :om
peting companies.
The report is scheduled lo
be considered by the council
toniRht, and it wig probtOly
be the basis of any penalizing
action that it might lake to
ward one or both of the com
panies. The council could re
voke both of their licenses if
it so desired.
Confirmed This Morning
In his report, Holmes states:
"There is no question what
ever bu that Yellow Cab
limousimy is in violation of
the rate schedule as this ex
aminer terprets it, being
S1.50 perperjon regardless of
MEDFORD, OREGON,
rroDiems
the number of persons carried
by limousine."
It was confirmed this morn
ing, however, that the rate
per person for a limousine is
$1, meaning that Yellow Cab
is not in violation of the rates
in this particular instance at
all. The rate per person for
a taxi cab to the airport is
$1.50.
Holmes said today that he
apparently had the word
"limousine" placed in the re
port instead of "taxi-cab,"
which should have been there.
He said he had not yet deter
mined just how much affect
the error would have on the
report as a whole. The error
was repeated in several dif
ferent instances in the report.
The charge of "smear" was
made by Carl Kellenbergcr,
owner of Yellow Cab, follow
ing a statement by Ben Day,
attorney for the Medford Air
port Limousine service, in
which he accused Kellonbcrg
cr of violating tho city code
and airport regulations in the
operation at M limousine Vin
bod faith."
Original Ch'ar-g
Medford Limousiiw b-roughl
the original charge against
Yellow, Cab which made the
hearing necessary. Yellow Cab
then brought counter-charges.
Holmes found both companies
in violation of the code in
Several iitances, although
more violations were listed
for Yellow Cab. 0
Mrs. Clarence Jones, part
owner of the Medford Airport
Limousine service, said this
morning that "I don't think
its even worth answering"
Kcllcnberger's charges of
smear. "After all," sic said,
"what can one car di.Uo a cab
company."
Tonight's council meeting
will start at 7:30 p.m., In the
city hall council chambers.
Tribune
THURSDAY, JANUARY 5,
JD Pan;
carried several members of the U.S. Embassy staff from
Havana, closed when the U.S. severed diplomatic relations
with the Castro government Wednesday. (UPI Telephoto)
Scannell Removed;
Bengtson Trial in
Grants Pass Starts
Grants Pass-Gerald JScan-
nell Jr. was removed by the
court as one of the prosecut
ing attorneys in the O. H.
Bengtson trial which was
scheduled to get under way in
Josephine county circuit court
this morning. '
Paul Haviland, who was ap
pointed prosecuting attorney
for the case by the court along
Icy Highways Cause
Accidents in Area
Icy highways early today
kept Oregon state police of
ficers busy checking a num
ber of minor collisions and
vehicles in ditches.
No injuries were reported
In the accidents.
One state police car was
damaged about 3 a.m. at the
Seven Oaks curve on High
way 99 when it skidded on
ice and went into the ditch.
State Police Private Dennis
A. Daley, driver, was not in
jured in the accident.
The police car was en route
to Rogue River where a
Mitchell Brothers Truck lines
truck was reported to have
skidded on the icy highway,
and lost its load.
No Action Expected
On Cuban Charges
United Nations, N.Y.-IUPII-
Diplomats predicted today
that the Security Council
would decline to take any ac
lion on Soviet-backed Cuban
charges that the United States
planned an imminent invasion
of Cuba.
The council was ta resume
debate on tho Cuban com
plaint this afternoon. A mild
resolution waa before the 11-
nation body, but it was doubt
fill that it would even coma Ve
a vote.
Tho debate, reqiwstnd tey
Cuban Foreign Minister Raul
Roe, began Wednesday wiVh
Roa arW U.S. Ambass&itor
Jamas J. Wadsworth exchang
ing charges on the floor while
hecklers shouted e p. t h e t s
from the public gallery.
rorUXANT; Vaiy rltM' '
nichi and Friday wii IMtir
mlttmt rain. Warner tiKft
with low 32. )R f-rhf y 45.
Temp.
ItUhrit Vfttrrrfay 40
Lowest This Morning 2.S
I'rec. to 10 a.m. Today 01
Our Skies Tonight
Sfunitet today 4:5J p.m.
Vinrik tomorrow .... 7:41 a.m.
Monnrt'ifvtonlght 8:44 p.m.
l.aM qi.lvtrr Jan. 9
PROM IN KNT STARS
llrtriRMHr, low In eaM 5:39 p.m.
IIp culm, nar 'he Moon.
VIMIH.F. I'l.ANMS
Vrnui, sfU .... ., :J1 p.m.
Man, hUn In south ll:3fi p.m.
55th Year Price 10 Cents
2&
1961
No.
with Scannell, will continue
as the only plaintiff's attor
ney. '
The decision was made in
the chambers of Judge Orval
Millard during arguments on
a, motion filed by the defense
to. require' the-plaintiff s at
torneys to prove their authori
ty in the case. 1 -.
The. trial on the second in
dictment charging Bengtson
with larceny by embezzle
ment from the Medford Es
crow company was scheduled
to have started at 9:30 o clock.
The actual selection of a jury
started at 10:12 a.m. and
seven prospective jurors had
been examined by noon.
Scannell and Haviland were
appointed by the court as
prosecuting attorneys last
month after the then District
Attorney-elect Alan B. Holmes
disqualified himself from try
ing the case since his law
partner, Robert Boyer, was
one of the defense attorneys.
Earlier last month a change
of venue had been granted by
the court for the trial. -
Bengtson was found guilty
on a similar charge last fall
by a jury In Medford and
sentenced to three years in
tho Oregon Correctional In
stitution. There are currently
eight other indictments out
standing against him. Bengt
son is free on a total of $13,
000 bail.
In the motion, the defense
charged that the appointment
of more than one prosecuting
attorney was "In excess of the
power of the court under the
statute.
The statute slates that the
appointment must be of.
regularly licensed and prae-
ucing attorney.
Also in court a-ction today,
duoig-e Miliars refused a re
quest of tho defense attorneys
for copies of live transcript of
grand jury witness los-tirnony.
Defense attorneys B-ro Loe
Litve-nso-B and Rlckac-d Cariiwy,
boh Piwttond.
131
Mm
The two sccrclarics in the
district attoftiey's office have
been hired by District Attor
ney Alan B. Holmes to con
tinue in that capacity.
Mrs. Robert (Murial) Mc
Neil was first Ured as a sec
retary in theW)ffico in the
spring of 19S5 when Walter
Nunlcy wasGfcislrict attorney.
During that lmcs Holmes
was a deputy district attor
ney She has been in the of
fice' continuously since lflflS.
The other secretary is Mrs.
lola D. Russel who was hired
in January. 1957, when
Thomas J. Recdcr assumed
the district attorney jjpsition.
HO cs Ca
Legislators
Pnepare forc
51st Session
By EVELYN OUSTERHOUT
Mail Tribune Staff Writer
Jackson county's three state
legislators will be in Salem
this week end.
One is filled with thoughts
on organizing the house of
r c p r e sentatives, one with
hopes to put a "philosophy of
government" in action, and
one "with a completely open
mind" as a freshman senator.
Oregon's 51st legislative
session convenes Monday.
Jackson county will be repre
sented by Democrat Robert B.
Duncan, who is speaker of the
house for a second term; Re
publican John R. Dcllcnback,
elected to the house in Novem
ber; and Republican Lyndel
Newbry, Talent, who was ap
pointed by the county court to
fill the position of state sen
ator after Dr. Edwin Durno
was elected to the United
States house of representa
tives. Duncan, a Medford attor
ney, said as he made arrange
ments to leave this week, that
his primary problems at pres
ent concern makeup of com
mittees and the administra-
ion of the house.
To Romain in Medford
His wife, Marijane, and four
of the couple's five children
will make their home in Sa
lem at 740 Wildwind st. Sixteen-year-old
Nancy will re
main in Medford for her
junior year in high school.
and 14-year-old Angus will
stay behind until February so
both he and his sister can
compete in the Llnficld col
lege speech tournament. The
Duncans' sixth child is ex
pected in March.
(One other member of the
family, a horse named Goldie,
also will spend this spring In
Salem.) '
Cnaalren Tlttl-irnn VU Vl ft (
quick speech and wit became
well ' known through three
successful legislative cam
palgns. announced that his
plans for reorganization of
legislative procedure will con
tinue this session.
They include combining
operations with the senate
and a simplified printing and
bill handling process. The in
novations "will save the tax
payers some money," he quip
ped. More Responsibility
Unlike Duncan, both in
temperament and politics,
Representative Dellen back
has spoken often of his "gov
ernmental philosophy," one
which calls for less govern
ment and more individual
citizen responsibility.
The Del enbacks. including
three children aged 10, 8 and
5, chose a Salem home "closer
to school than to the capitoi.
Mrs. Dcllcnback (Mary Jane)
will serve as her husband's
secretary, taking advantage of
training she had before ner
marriage.
Declaring that he has no
axes to grind, Dcllcnback ex
plained that "the political bat
tle (with Duncan) ended with
the election as far as I am
concerned, and we are both
going to work hard, and just
as closely as my commitments
and political philosophies per
mit." Sen. Lyndel Newbry, or-
chardist and son of former
Uruguay Leftists
Burn American Flag
Montevideo, Uruguay-lUPI)
Leftist street mobs burned an
American flag in front of Gov
eminent House early today,
climaxing riotous pro-Castro
demonstrations.
TIGHTER- S'ECHR'ITY
Salom - IUPD - Tile Ofogon
Board of Control toe steps
today M tighten security of
crlmi-n-aJ eoM-rt-eowwittcd pa-
tlonts wt t-!e st-ate's mental
h5,4(,-.Vl. I
iole PiQTO'i
Pwpi$WhtsWmi9 Creek
Eagle Point - The Eagle
Point Grange went on record
thtf week urging development
of small lakcPon Whetstone
creek into a large recreation
area.
This area, commonly called
Agate Slough, extends from
the jrdon Kershaw place
north and west toward the
Rogue river and through the
HooverQ-ropcrlics.
"By making a scries of
damt and small reservoirs on
this waterway a wonderful
fishing, hunting and recrea
tional area could be develop
ed," according to the letter
Secretary of State Earl T.
Newbry, said his open mind
edncss toward coming legisla
tive problems "is not un
healthy." Part of his indecision, New
bry admitted, is due to a lack
of experience in state matters,
which he said other county
representatives have gained
through past offices or in
political campaigns.
Mrs. Newbry and their 11-ycar-old
son, Ronald, will live
in Salem's Liberty district,
(Continued on page Dl)
Duncan Ponders
House Caucus
Sunday Night
Salem (UPD House Speaker
Robert Duncan (D - Medford)
said Wednesday night he
might not call a House caucus
prior lo convening of the 1961
Oregon Legislature at 10 a.m.
Monday.
The Oregon Senate will
caucus Sunday night to elect
a new president.
Duncan, assured of reelec
tion as speaker, was in Salem
today to make final prepara
tions for the session.
Job Recommendations
"If there are some prob
lems that need to be worked
out, then there will be a
House caucus Sunday night.
Otherwise there will be no
caucus," he said.
Duncan announced these
recommendations for other
officers of the 1DB1 house:
Dr. Frank Roberts, Port
land, chief clerk; Elaine
Steele, Portland, assistant
chief clerk; Barbara HanneV
man. Salem,- calendar clerk
I Frances Robertson, journal
1 clerk; Richard Kennedy, Eu-
clerk; and
KVUVt induing
former Rep. Harry Wells (D
La Grande) sergeam-at-arms,
Five Burn fo Death
In California Fire
Richmond, Calif. IUPD A
mother and four children
were killed early today when
an unexplained explosion set
off a fire which swept
through the home of a Rich
mond restaurateur.
The blaze critically burned
male visitor in the home.
Five other persons escaped
as firemen battled the flames.
The victims were Mrs. Ma
rio Malone, 42, and her three
children, La Donna, 13, Dan
ny, 6, and Darroll, 4, and a
visiting child, DebVa Llnder,
4, of Nice In Lake County,
Calif.
Thomas C. Mansfield, 36,
Pleasant Hill, Calif., was tak
en to Brookside hospital In
San Pablo In critical condi
tion. - - .
Gnus Shed Blues;
Griffith Park loo
Gets a New Gnu
Loi Angeles-niPD-There'i
a new gnu at Griffin Park
Zoo.
The Griffith Park Zoo
had no male gnu. The Fres
no, Calif., too had no fe
male gnu.
Both were blue because
lhey knew that no new
gnus Is bad newt for soot.
Gnut in twot make new
g-nut, good newt and get lid
of the bluet.
So the Fret no Zoo
shipped a male gnu to the
Griffith Park Zoo in ex
change for the firtt and
third new gnut. II the, gnu
deal doesn't work, the male
will have lo go back to the
Fryno Zoo.
Goes
now being sent by the Grange
to various organizations seek
i2h,0r help.
O'This would require the co
operation of several groups In
cluding the Rogue River Val
ley Irrigation district, the
stale fish and game commis
sion, Medford parks and rec
reation commission and oth
ers." the letter read.
"This would meet the rec
reational needs of many peo
ple, especially children of the
area. The lakes on tho Hoover
properties In this area have
proved very satisfactory from
a fishing and general recrea
tional standpoint."
Area Declared
'Military Zone;'
Penalty Decreed
Improved Relations
Hoped Under JFK
Havana, Cuba - IUPD - Cuba
started installing coastal de
fense guns along the famed
Malecon Sea Drive today and
declared the area a "military
zone."
The restricted area reaches
from the junction of Galiano
st. and the Malecon westwaid
to the subit ban Vcdado loca
tion of the now abandoned
U.S. Embassy building.
The Malecon overlooks the
G'ulf of Mexico along tts 10
mile expanse.
Kennedy Regime Eyed
Cuba blamed the Eisenhow
er administration for its break
in relations with the U.S. and
implied that things might im
prove under President elect
John F. Kennedy.
The cabinet statement along
the propaganda line.laid down
by Moscow - that the main
trouble with the United States
was the Eisenhower adminis
tration - expressed hope that
relations would be restored at
some undisclosed future date.
The statement came after a
nightlong cabinet session
which made mandatory firing
squad deaths for anti-Castro
"terrorists" within 72 hours
of their conviction.
First Official Reaction
The cabinet statement was
the first official reaction to
Washington's severance of re
lations Tuesday night. Tho
statement made no mention ot
the Guantanamo Naval Base.
The railroad car ferry City
of New Orleans arrived in.
West Palm Beach, Fla., this
morning with 64 U.S. Em
bassy staff members from Ha
vana and their families, it
also. carrled three Americaa
citizens not connected with.
the embassy, seven Cuban na
tionals and two Venezuelans.
11 Remain Bohind
U.S. Charge d'Affaires Dan
iel J.. Braddock and 10 other
embassy officials r e mamed
behind here to complete de
tails o'f the diplomatic break
and place American interests
in the hands of the Swiss Em
bassy. . .
, The Castro cabinet state
ment on the break admitted
increasing opposition to Cas
tro jn buua in ueuieeiiig pen
alties ranging up to death for
saboteurs and terrorists.
Portland Freighter
Abandoned at Sea
Portland - (UPD.- The 7,350,.
ton United States freighter
Portland Trader was aban
doned in Philippine waters
some 400 miles south of Ma
nila today and the 38-man
crew was rescued, officials of
West Coast Steamship com
pany here reported.
The 16-year-old ship, carry
ing a load of grain for India,
ran aground early this morn
ing on Tubbataha reef.
Company officials said that
28 members of the crew were
taken aboard the Liberian
tanker Marita Marovia, which
headed for Singapore. The
other 10 members, including
Capt. Vernon W. Hansen,
Portland, Ore., were taken
aboard the SS Nassa, which
headed for lloilo in the Phil
ipplnes. United States Rejects
Charges by Russia
Washlngton-niPt-The United
States today rejected Soviet
charges that a U.S. destroyer
made a mock attack on a Rus
sian freighter in the Mediter
ranean Nov. 4.
BANK TO OPEN
Rosoburg - (UPD - The new
branch building of tho United
States National Bank will be
officially opened for business
here Saturday.
CLERK TO RETIRE
Salem-(UPD-E. T. Pierce, 70,
will retire soon as clerk of
the Slate Land Board, Gov,
Mark Hatfield said today.
on Record in
Development
Aopolntod to a committee to
promote tho project were
Steve Wilson, Kenneth Cear
ley, Wllford Davies, Robert
Bitterllng and C. C. Hoover.
More wator from an outside
source would be needed to
meet spring and summer rec
reation needs, according to
Harold Sexton, secretary-manager
of the Rogue River Val
ley Irrigation district. Storm
flow keeps the creek and
marshy lakes full now, ho
said. So far no definite planj
for the recreational develop
ment have been presented,
noted. ,
O