The Evening herald. (Klamath Falls, Or.) 1906-1942, September 08, 1925, Page 1, Image 1

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    Unlverilty Library
'Jiiociie. Oregon
(Tin Hurttmn fteraUi
Published Daily at
KLAMATH FALLS
"A Empire Awakening"
BUY AT HOME; LOCAL
MERCHANTS CAN GIVE
YOU BETTER BARGAINS
Associated Press Leased Wire
Ejghtgen Year Number
ELLIOTT CLAIMS
r
ARE NOT LEGAL
District Attorney Takes Ac
tion Agaiiist All Pending
Cases Here
HIGH RULING IS CITED
Says Man and Wife Must
Actually Live in Stnte
Where Suit is Filed
Divorces granted to per
sons who were married and
Jived in other stales but
who came to Oregon to file
divorce complaints arc, in
the opinion of District At
torney Elliott, illegal Only
those persona who lived as
man and wife in this state
are entitled to go to the
divorce courts for relief, is
his interpretation of the law.
First inkling that the dis
trict attorney intended to
question the legality of
many suits for divorce fil
ed in the Klamath circuit
court, came with the filing
of demurrers last week to
practically all the divorce
aoniplftlQU (bat nave been drawn up
nil! i.w Weill IntU office,
in intecprvlNtton
Mr. Klllott iiiuiiu i briefly Uii.
A husband or u Kite Mil M0U(S
n divorce only lu that stats In which
anaritui relations look pines.
Any dlvorro secured by u detail I i
Judgment or Otherwise, by hu.e
band or WHS outn.lu ( li main In
wiih n tin- marital rplatlom took
plaot in pal legal, u either Ian
unsbana or wiit', on tha atrontli
of tilio donee, ..I. nuiirlcd iik.i1:;.
ihcy unwittingly commit adultery. '
Mr, Billolt amplified bit Stand bj
examples,
nl l.cglll
"Bttppoao," llv nulil, "tliut n limn
mill wlto an' married down in Texan
and reside thorp aa niun find wife,
The busbaod loaves his wife and
comes iip io Oragou, hp tllea sun
for diver from his wife .mi arban
tiin wifo does iini answer the ftub
iiriiiUm or summons, soouros u do
f it u ti judgment.
"Now my position In Unit t hut
divorce Is. not legal. The 'lusband
would hvo io secure hut dlvopoa In'
Texas, nnd no otbor state in t tt -union.
II Istl'l where tho tuui rlii
ceremony i porformod, but whore
tho marriage relations transpire
tiuit ih (be guides as lb whore di
vorru iiiuin toko ptaco?
Iiefora hi ltuiiiiK
Mr. 101 1 lot i refers to the I'nliod
Btatos Supremo court dpolslon t
Ha&dook versus Haddock in support
of IiIh stand on divorces:
lu this 0880 ono Haddock lofl his
iwlfo In Now York and movod to
Oonneoloitt whore iio secured
dlVorco in iofauli Judgment follow'
Ing publication of snmnions, Yean
passed nnd eontldonl in the belt'
that Ik" marriage Uos Wll . Ills
tormor wife were severed,' ii" mart-laid
again.
Some ypdrs after Unit, Die dooi
hIoii sets forth, Hutfdock returned
io Now York atld was Immediately
suod for damages by his tylfq, lie
Olalmod Inimunlly from lull on tha
ground thai ho nnd hli first wife
iwero no longer married, Tho aso
wont to iim supremo court of (4o.v
York aitd (ihat judicial body held
thai mo first mitrrlago wtts mill in
erred because iim tllvoroo was not
consummated in tho statu In whli ii
thi martin ie relations i nk place,
nnd Mini, iim Bepottd mnrHage could
boar no legal status.
I 'iino Affll'lUOll
Haddock, a wealthy man, oarrlud
iim citsa io Hi" United stnio.i Hm
reitie ooiiri which afflrntad tho Ac
oliloh of tin' lower) court,
Judge A. I,. Lenvltl ovomilBd nil
like demurrers against the dlvonJs,
complaint in whloh ll apped 'Od in
the complaint tha.1 the husband attfl
wife worr. married In tho oh' I" ol
Oregon, Tho Tsmnlnlng dbmun'MM,
Questioning dlvoroe oomplsln.W 111
which ii was staled thai tho Iiuk"
bund and wii'o wore married tu
sido iim iftittj word" tttketi tinder
sdyltpmopt,
MAN
DIVORCES
5820
Lamb Resigns
State Job And
Blames Police
Failure to Secure Coop
eration Given as
Reason
Pal lii i to leoitrd cooperation troth
tbO Klitnirtth Kutln pOlIOO fOWO WOl
clvcn I nttuy by Ir, B bttlttb U
tii" n r mi for hli roilgnatlon iim de
puty Hate dully and food conjniif"
ilouar ur Klamatji oouoly
Dr. Lamb bai lubpilttod 1.1 fof-
nuil rotltnatlon to Klatn Dairy and
$606 Commtiifonor J, Di Iffckol of
Sali-ni, ami han alio VTflttOtl a lOttol"
iti tin city oouncil lottloi forth ti Ih
rcosoDi for firing np tho pOBlildo.
Ko C'ooptfrntlon
"Klin " Hi1 flril f ll"' 'ar I btVO
boon unable to doond upon tbfl po
Ilea to re a for oooporaUon in con
dUCl ft my dUtlOH," Or. I.ainh -x
plained tbd morning. "My position
nt doputy food conttululonor i one
i lint brlngi no remuneration and
honca i am unable to Oerote my time
io ih" work, itui a city ordinance
take care of that anglo by providing
a sanitary offlcor, wliOi working un
der my dlrecllon. can -arry out the
Inipoetloh work ami duties neces
nury,
"Many times I have romlndod the
police force of Hie need of a sanitary
offiii-r. Ihii ic no avail. One officer
dlit (till at my office rocontly and I
gave Instructions in Inspection. Then
lu- resigned and iUvru hun hi-i.n no
mOVfl io nppoinl a man to SUCCOOd
him ati fanliary offlrcr.
Task Too MoHuus
"ic ttere houi.t be an epldemio
of typhoid ft'ViT. orlclniitlnn for i-x
ample nt some dairy, then purl of
the entire blame would full apon my
ihouldenL i do not want to under
take the responsibility if I ran not
get the Bnppbki of the pollOSi fore'."
Dr. I, ami) wuh former tUy health
Officer under ihe Wilson admlnlstro"
Upn and resigned in that oapaelty
whrii thn oouoty health unit went
Into efferl.
Murder Trial
Is Under Way
Pranli Wny. Klamath shepp mnn
went on trial in elreult court hla
morning, charged with the mur
der oi Tlmotby Murphy, following
u fiHt ftaht over thu Owneratiin of
a bleek sheop t uih summer, Tin
two moii uro reported to have en
gaged in n fiKkt ttn'der n biasing
nun, wlili .Mnrpky Succumbing from
u friu'turt'd nkul! Hovorul lionrH
later.
Horace Manning has booh retain
ed by rrlonds or the doad mnn as
Speelal proaecutbri Jay Upton of
Bond, i horQ to hhnIm in Poy's
deronso. ii,' in aasoclatod with C,
I''. Stone unit .). ii. Carnahan,
'riio I'ion' wn halted umii to
niori'ow mprnlug bocauso tin Jury
panol bod bocomo oxhausted bo
torn noon. Tho dotense had m
roiiii'ii 1 1 of tho Jurymen whoh tho
Iliu or tdutattVO juror ran mil and
necessitated an adjournment,
Will Award Fair
Premiums Shortly
Knir board premiums to winners
,n the county (air win ho awarded
within tho next two weeks, Thalia
W. rfowioombi seoretary of th6 fair
board announced this morning, No
checks io prUo wlniters win bo hisu-
pd uulll Ik" fair board receives til"
monoy iimi niio state baa otierod
for premiums. The date on which
checks win bo awarded will lie an
nounced iiiiouKh iiiu pvesSi
More Lawyers Will
Practice in State
SAI.IOM. Ore., Si-pt. 8, Six Port
Idnders were today pormanently ad
mitted by tii" state supreme covirt to
the practice or law in oregbn. They
woi'o Dorothy MoCUllough Lee,
inor Johtlsdn, Leonard Alvlt Wplls,
Alfred v. Kelly, ti"o. it. Lewis, WaU
tor c 'r. a. Vim Bverdlng,
ttt:it UN TO in.x'is PASS
Mr. nnd Mrs. 1''. L, Vnnnlro anil
three children relvtrnod to ikoir homo
in Grants Pass yosterday a tier viHit
Ing hero tho homo or Mr. unit Mrs,
io. w. Vanntcoi While hero the men
took a trip to Ohttoqitln, wlioro lln'
vltllted for n Bhdri time with wafren
Cvooka anil fn in 1 1 ,
KLAMATH FALLS,
SENATORS TAKE
Gracing, Park fees and Fed
eral Building for City
Are Considered
SOME HOPE PROMISED
Senators Stanfield and Cam
eron Meet With Local
Farm Interests
A federal building tnlghl possibly
ho authorised to in erected in Klam
ath Palls either oexl y ar or the year
nftnr.
Klamath llypstoclt men win in- giv
en reltol in regard to the conduct of
gralng privileges on ii"' national for
eatg Bntrance fees to national parkH
may bo ajbollshod.
Tin' above three sehtencps com
prise in a conepitt rated rnniiion j'usi
what transpired at tho senatorial
hoarlng of the public luudK cbmmlttee
hold estorday nt tin- county court
bouse.
Two Bolons Conic
itui two senators, Kalph Carooron
iimi Robert n. Stanfield, arrived to
conduct Hi" hoarlng. They returned
to Modfbrd accompanied by other
members or their party yesterday nr
ternoon after spending 21 hours in
Klamath r. n-
Senator Htaufli'ld navo somo hopo
of an uiproirlatlou Ii' Iuk itruuti'tl ky
congress wltliln tin. next two yunrn
for iko ronHtnu'iion of federal
building, ll" pointed out. however,
tliut Astoria wan first on the hooks.
gS far as Oregon wan concerned.
Relief in Blghl
Condui.'t of tile national forest
graving leases by the interior depart
ment has resulted in damage to llysj-
Milimlucd by two Klaniath livestock
aasoclatloos. To which the two sen
ators, heartily concurred ami stated
thai relief was in sight in a closer su
pervision 111 the lensfnK of grazing
lands by congress.
The idea of charging entrance fees
nt tho national parks does not appeal
io Senator Cameron, and that legis
lator expressed himself on the sub
ject, lie made a prediction thai Ike
time Is not tar distant when the park
entrance rocs win be abolished.
High School Asks
Help of Chamber
in Getting Suits
Kxcelleut material and boundless
enthusiasm hut no suits or cqnip
ment for I lie coming football sea
son was reported today by Dwlghl
French new athletic diroct'or or
the Klumath counly high school, to
the phambOr or commerce board or
directors itils noon. Mr. French
and Paul 'I', Jackson, principal ask
ed llie chamber ot commerce for
assistance In finnnchiK the athletic
equlpmOnt. A jolm committee of
the chamber of commerce, the Kl
wunls club nnd tho Rotary club will
ho formed to Investigate and re
port to the directors lu thu near
future.
That Klamath Falls should es
tablish an aviation field tor the
purpose or mil only facilitating
neilal patrol work but also as a
regular landing place tor nil planes
flying north and south ulong the
east slope of the Cascades, Is the
belief of Korest service officials
who communicated their ideas to
Andrew Collier, president of the
chamber. A committee composed
of nr. ti. a. Massey, John itoyie
and .1. W. Kerns were appointed to
report on Ihe suggestion at tho
next board mooting. ,
ItANCHEllS OF Mil, 1. Kit Illl.tj
.Mr. mini Mrs. William TIngley, of
Miller Hill, are lu from their ranch
today on business mailers.
KltAt'SK (ilVKS Kiat
l'jViiry room or Pelican
public scho.'i is nttraotlyety
coratod today with a large
Bay
A.
of
llux
srlcan ring donated by ti.
Kruuse, general manager
ihe Klamath Lumber and
company when school opt
this morning. The rings
three feel by rive feet and
or veal bunting, material,
aed
are
UP PROBLEMS OF
KLAMATH PEOPLE
OREGON, TUESDAY, SEPTEMBER 8, 1025
Seek Victims
zmm today,
Twelve Known Dead
And Four Are Still
Mis sin.?;
WBNATf'lIKi;. Wash., Kept. 8, (fil
Workers continued f lic ir efforts
today to uncover bodies- of victims
believed to le- burled under the
debris of the cloudburst which
swept West Wnnatcneo Into Satur
day, taklnK a loll or 11! lives and
causing damage estimated at !".-
01)0.
Four persons are still missing.
A foroe of ISO workers h.t been
added to the crews that have been
digging Into Hie debris. Steam
hovels, cruiies and derricks have I
speeded up tho task. Two objec
tives are being centered upon to
day, one a pile ot rubbish which
accumulated near tho nrvat North
ern railway roundllOUfae, and the
other a pile of debris against
string of freight cars.
Most or thfl bodies have been
round near the roundhouse and one
has belli found by Ihe freight cars.
Another search is being made along
Ike bars and shallow places of the
Columbia river. Tho main line of
the Great Northern lias been clear
ed and trains are again running
on schedule time.
Navy To Keep
Up Search For
Missing Plane
More Boats Ordered to
Patrol Hawaiian
Waters
WASHINGTON, Sept. 8. (A; The
navy n-ili continue its search, .'or
the missing ptfho PS-9, No. 1, !a.,-t
near Hawaii, as long as there is the
Slightest hope of finding its crew.
Secretary Wilbur made this .-.::':
raent today after revie;vlng reports
from the west coast and the .earch
Ing fleet, detailing the futile efforts
to find Commander lUidgors and his
crew.
Tile navy nut only wanis lo find
the men, hut railing that, ii -wants
to rind the seaplane to determine ii
possible what caused the accident.
Ships engaged in the search have
been ordered to go over -ig-iiu the
territory already covered and to
spread out to include new orjas.
The Pacific fleet now approaching
Hawaii has keen ordered Io Spread
Ottt fan-shape as it ncars the islands
in order to overlook a greater area.
Coos Sheriff
Is Dead From
Auto Smashup
Ed Ellingsen and Father-in-law
Are
Killed
.MAKSUl'lKl.l). Ore.. Sept. S.
K. P. BUIngsen, sheriff Of Coos coun
ty, died kisl night from injuries
suffered in an automobile accident
late Sunday in which his lather-In
law, .1. ii. Sweet, of Randon, was
killed. The automobile in ivhlch
I hoy were riding turned over s,x
times after leaving She road when
nn attempt was made to turn i ;u
toi' another car near Arizona Inn. J
in Curry oounty. A heavy rain was
falling at Ihe time ol' the accident, '
Mrs. Delia Lee
Is Laid to Rest
Impressive funeral services char
acterised the burial of Mrs. Delia
l.oo Klamath pioneer who died last
week: after an illness ot a year.
Approximately 200 friends or tho
deceased were present at the ser
vices. Mrs. I.onls Jacobs presided
nt ihe services with a Christian
Science rending. Beauty ol' llie
service was intensified by two songs
rendered by Mrs. Marjorie Olds.
Following the services which were
held ill the Si hallock homo on Paci
fic Terrace, the body was removed
to Mhkvillo cemetery and laid to
rest there In Ike family plot.
!ALL SCHOOLS
E
iLargest Increase Eve-' Noted
Are Reported in City
Schools Today
ROOMS ARE CROVDED
More Students Signed up at
High School Than
Ever Before
Opening day of school In Klam
atli Kuils revealed the largest in
crease in enrollment ever recorded
I In Ibis City and brought, to reality
predictions of congestion in tjne
.'.chools tills early fall.
Whea tile last clean hhlny face
had bpjPn counted, it was found
there were 1111 children; who reg
istered this morning in t'de primary
public schools of Klam ith. This
is an increase of over last
yuar.
Increase shown
Following Is a chart Indicating
the increase over last year by
schools':
IH
1021
Centrul 302 I 254
Itiversido 213 195
Mills Addition.. 28S 171
Pelican Bay .... SI 64
Fairview 227 '200
Total enrollment the opening day
school for the past five years
was reported by Mr. Wells as fol
lows: Year of 1925. 1114; 1924,
S91; 1923, 7SC; 1922. 681; 1921,
67(1.
t-'inil Congestion
I'ntil the new Central school on
the corner ot Seventh and High
streets is ojioiied up. congested con
ditions will prevail in the schools,
Mr. Weils said.
School opened at the Klamath
county high school with, a regis
tration of approximately ::5o. about
50 more than last year. The fresh
man class was reported to he ex
ceptionally large by Paul T. Jack
son, principal.
All rural schools opened for reg
istration yesterday and today the
pupils were given their first les
sons of the tall.
LOSS SUSTAINED
IN COUNTY FAIR
A loss or over $1000 will be sus
tained b--' the fair .board.
Thii is the finding or the fair
board after studying over the situa
tion carefully, following disburse
ments to horse race and automobile
winners at the fair last week.
In races alone, approximately
J22U0 was disbursed -Sat unlay,
whereas gate receipts showed only
i $1200.
I Victims of Raid
Pay Heavy Fines
Tile usual golden harvest today
followed the raid staged last night
on bootlegging and gambling dives
conducted by State Prohibition Of
ficer McBrlde.
A woman .giving her mime as
Daisy Wallbridge was fined $125
for possession of intoxicating liq
uor. Mrs. Ora .May Young, also
known as Flora 11. I.ee. proprietor
of llie so-called Tnie house, was
fined J200 on the same charge
W. I
II. Marti nwus lined 5200 and Sam
Courtney ?150 on possession ckarg-
es.
Not one ot the eleven men ar
rested at the George Hancock place
had appeared before Justice of the
Peace Kendall this afternoon. They
were George Hancock, Floyd Greel
ey. Lee Summers. A. I.arsen, Frank
Hodge. II. Dixon, .1, E. Maxley.
Charles Hamaker, Lee Kowe and
O. date.
PBLIOANS WIN QAMK
1
Inclement weather dealt the
Klamath Falls Pelicans a blow
in their final 'game of the 1925
season in their game with the '
Dead baseball team Monday.
Although Klamath won. by a
score ot 10 to :t, they lost
considerable money owing lo a
poor crowd. According to re-
ports, the Pelicans ended the
Season about 100 in Ihe hole.
County Soaked
By Heavy Rain
Over Week-end
Monthly Average Ex
ceeded by Steady
Downpour
One of the heaviest rains ever re
corded for the month of September
drenched Klamath connty in all sec-
IIoiik on Sunday and Labor Day,
In Klamath Falls the records at
the t;. s. reclamation office on Klev
ent' street disclose that .07 of an
Inch of rain has fallen since Sunday
ra'rnlng and that since the first of
September .76 of an inch of rain has
moistened the soli of Klamath.
An indication of How unusual is
such a heavy rain during September
Is gleaned by the report of the re
clamation office that the average
precipitation during the entire month
of September for Klamath for the
past 15 years is but .51 ot an inch.
Rain in the first eight days of the
month has exceeded by 50 per cent
the entire month's average for 15
years.
Very slight damage to crops has
been incurred as a result of the rain,
according to reports received this
morning. State highway authorities
are rejoicing because the rain has
furnished a binder on macadam thor
oughfares and has facilitated main
tenance. Coolidge Will End
Vacation Tomorrow
SWAMPSCOTT. Mass.. Sept. 8,
(VP) Preparing to leave for Wash
ington tomorrow night. President
Coolidge was busy today clearing
up his desk at the Summer White
House.
His departure for the capital is
timed by the president to permit
him to meet his cabinet on Friday
mornlsg.
DAWES IS GIVEN
OVATION IN HIS
ROSE CITY TALK
PORTLAND, Ore., Sept. 8, ()
Charles G. Dawes, vice president,
was enroute to San Francisco to
day alter speaking hero last night
to a crowd that tilled the municipal
auditorium. He attacked the sen
ate's rules which enable long drawn
out speeches and filibusters, and
the crowd voiced such approval in
applause that the vice president
asked for a rising vote of endorse
ment of his fight, which was
promptly given.
Mr. Dawes promised to speak to
day at Grants Pass and ho may
also speak at Ashland while the
train stops there.
His speech last night was a vigor
ous attack upon the senate rules,
nnd he quoted from other senators
who had criticized the methods of
senate procedure.
Kenneth North in
Custody of State
Kenneth North, alleged moral
pervert is now in the custody of
the state, at the state training
school where he is sentenced to re
main until 21 years of ago.
North was arrested on the charge
of criminal assault upon a three-
year oui girl, ills age ol lli years
saved him from criminal proseco
tlon by the state.
Sheriff Hawkins took the young
boy to Salem aud returned to
Klamath Falls this morning.
Fishermen Drown
in Heavy Typhoon
. MANILA, Sept. 8. (JP) Thirty
five fishermen are believed to have
been drowned In a typhoon in the
SUla Seu, near the Island Of Palaw
an, constabulary reports from Occi
dental Negros province indicate.
An account of the tragedy was
brought ashore by survivors write
drifted in on a sail boat afte: bat
tling with a gale for several days.
The dead men were members of
the Moro tribe.
lll'Sl.VFSS AND raKASlTRK
It. McCarthy, among the well
known commercial men making this
territory, arrived in the city this
morning front Sacramento nnd will
spend seVerAl days here.
PRICE FIVE CENTS
CONGO WOUNDED
WHILE FLEEING
Local Bootlegger Shot in
Left Shoulder by Special
Deputy Sheriff
IS NOW IN HOSPITAL
Jugs Thrown From Car Dur
ing Wild Flight Down
South Sixth Street
Because he failed to halt
on command of a deputy
sheriff, Leslie Congo, con
victed Klamath Falls boot
legger, was shot in the left
shoulder on South Sixth
street Sunday night after
what officers described as a
wild auto chase through the
city streets. In the Klam
ath Valley hospital today,
Congo declined to comment
on the escapade which sent
him to the hospital.
The shot which halted
Congo's attempted flight
was fired by William Lee, a
special deputy sheriff, who,
with C. F. Morsran. motor
cycle policeman, sought to
arrest Congo for a traffic
violation.
The officers said Congo
was driving by Eighth and
Main streets when they not
iced he had but one light.
They followed him in a roadster in
order to compel ihlm to fix his
lights, when, they say, he speeded
up and turned down Klamath ave-;
nue off Eighth -street.
Oidcm! to Holt
"At Sixth and Klamath, I got
right up to him and told him to
halt in the name of the law." said
Morgan todcy. "But instead of draw
ing up to a curb ho speeded down
Soubi Sixth street."
The officers say thy saw two
jugs being hurlod froniCongu's cOr
during the brief but speedy chase.
Parts of the broken jugs later were
picked up to be Used as evidence.
Fires Five Times
"When he failed to halt I Tired
four shots at his tires," said Lee.
"But still he kept going. With my
last shot I fired through ttVe reir
curtain, the bullet striking him in
the left shoulder." '
The ofticers said that after Congo
was struck he drove his ear ini.o the
curb, jumped out ot It and sought in
hide in the darkness back ot the
buildings In that section. It was
thorc they round him with ha
wounded shoulder.
Take Him to Hospltul
The two officers then toek Ciilgu
lo the hospital where they nol'iu,.
Chief ot Police Loucks ol the shoot
ing. It was not until they reached
the hospital that they learned that
the man was Leslie Congo, a con
victed bootlegger, said the officors.
"We didn't know who he was o.-
what he was doing," they said. "But
when he attempted to get awcy
when we merely wanted to 'ha'', him
for a minor traffic vlolutlon, WO
thought he might have a stolen ::ar
in his possession. And then when
we saw htm throw the two Jugs
from the ear we knew he was some
sort of a law violator. Any state
ment b)' Congo that we did not give
him decent treatment is raise. We
took him at once to iho hospllul
and never did take him to Jail."'
The two officers said thoy woul.l
file charges of speeding. th'-Miing
broken glass in the streets untt re
sisting an officer ngulnst the pris
oner. Senator Upton to
Be Forum Speaker
Senator Jay H. Cpton will speak
before the forum luncheon of tlin
chamber of commerce tomorrow
noon, when it is expected the at
tendance will be even larger than
that of lust week. Miss Dorothy
Klllott will render a number or
vocal numbers and will bs accom
panied by Mrs. II. .1. Zumwalt, All
members ot tin- chamber and resi
dents who are Interested, are urg
ed to ajtend the luncheon,
FROM
OFFICERS