r. WK.ITIIKH
FOIIKC AHTt Generally (air.
OIIKtiOXl Knir cant.
TKMPi High, BHi low, B7.
I'IIKCIPi a I hour to 8 p.
Wednesday, ,0D season,
' normal, a.lH Inst year
1 data, 8.30.
HERALD SERVICE
Herald tuharrllier who full to receive llinlr
iitir by Oilll) p, in. nro riiiiliil to cull the
llornld business office, plume 111(10, mid
paper Will be lent by special carrier.
ASSOCIATED PRESS
IN SHASTA-CASCADE WONDERLAND
UNITED PRESS
----------- "rt-i-i-i-ivonnnnnanji an rinqnAn.ru litjuij
Price Fivo Cents'
K LAMATH FALLS, ORE., THURSDAY, NOV. 21, 1935
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JAPS
Ethiopia's
Italy Victorious
In Mountain Pass
South of Makale
Roman Legions Hope to Surround Retreating
Black Warriors; Emperor Selassie Back
at Addis Ababa After Trip to front
By Tha Anociatad Pret
Ethiopia's northern defender were benten and put
to fliirht liy tho fascist invader in a mountain battle to
day, the Italian field command rcportod.
Retreating Black Pursued
Four bnttalioiiH of infantry and one cavalry squadron
were said to bo pursuing tho retreating warriors of Ras
Suyoum, Ethiopian northern commnnder, after the clash
at a mountain pass south of Mukulo on tho route to Amba
Alajl.
Premier Mussolini, at the samo time, was strengthen
Ing Italy's resistance to League of Nations sanctions by
granting leaves of threo months to 100,000 fascist, troops.
Editorials
On the
News
Ily HUNK JKYKIVS
THIS headline Interest most of
ua, because It Is what w want
to bear:
"Kalian Advance Turned Hack."
Picked Ethiopian marksmen,
the dispatch relates, caught an
Italian column In a narrow pas
In the hills, and Inflicted heavy
losses on It.
THE dltalch, however, comes
from Addis Ababa, o It Isn't
wise to take too much stock In It.
In war time, now l censored, and
on can't put too much faith in
censored news.
IF CKRTA1N politicians have
their way and tho government
ols It fingers an the press, so
that honest editor can't print
what they bollev to be the truth,
you won't be blo to place much
reliance on ANY ot the nowi you
read.
THE Santa Ke'a now train, the
supor-Chlof, streamlined and
pullod by a 3800 horsopower Ulo
el eleotrlo locomotive, starts a
tost run from Chicago to Los An-
golos, which Is expected to cut
eleven hour from the schedule
ot the present Chief.
Snvlng time Is the big objoctlve
of present-day transportation. Ono
wondora, sometimes, what we will
do with all till tlmo after wo'vo
saved It,
DID you ever drive hard all day,
cutting evory posjlhlo corner
and nvlng evory possible minute
In ordor to make the shortost po
Ible time between two points,
and then, upon arriving, tool
around for two or three hours
with nothing doflnlte to do?
Woll, most of us have done tho
nme thing.
WHY?
For no good reason nt all
for speed without a doflnlto objoct
Isn't a good reason,
We travel faut bocauao spood la
In our blood.
THIS dispatch would bo Interest
ing If It wore phrased In words
simple enoiiRh to be understood:
"Tho Indirect or fundamental
(Continued on Page Scvon)
WASHINGTON. Nov. 21 (IP)
Becrotary Ickcs accused four stool
companies todny of "collusion"
In submitting lileiillenl bids on
l,oll. tin neenit tormtlllll nt AlOl'O-
henrt nitv. N. C and the Trl-
hiirniiuh brlduo In Now York
Tho government announced
they would be used to in
crease Italy's agricultural
and industrial production
and said the move had no
"international significance."
An Kthloplan warriors tll before-the
Italian In th encounter
7.000 (crt above sea levl, thoy
carried their desd with them,
makliiK a cheek at .casualties Im
possible, 'It was slated. Tha
Italian hoped to aurrnund them
before they could" minor tor a
new detenu and block the way
to Amba Alajl, the Itallana' next
northern objective.
Native Army Concentrating
Itnllnn pilot reported Ktlilo
pinna were again concentrating
In the Mai Mosclo Valley, bolow
Hollrot, In the Makale area, al
though they had born dispersed
Ihora Monday by an air bom
bardment. An French and British experts
reviewed peace tulka In Paris,
authoritative French quarters
said Premier Mussolini would not
be Interested In any Frnnco
I'.rltlMi pence proposals until the
now Italian commander, Marshal
I'letro liatlogllo, has "had a
chance to win a tew battles."
They declared the renewed ne
gotiations wore a "Jormnllty,"
nnd merely "to koep -the door
oren and show tho world France
and llrltaln are fulfllllnit their
obligations" to icok peace.
King Hack at Citpitnl
Emperor Hull Selassie was
back In Addis Ababa todny, hav
ing completed an aorlal tour ot
tho southern wnr (rant shortly
before two Fascist airplanes (lew
over the section he had surveyed.
The Kthloplan government an
nounced the Itnllnn mnchlnos
passed nvor Ilnrar nnd Dlredawa,
In eastern Ethiopia, Just after
,n0 U()n of Jll(Un tttneA hack
for tho capital, which he left
only Tuesday. The communique
said, the Italian planes dropped
no bombs, Indicating thoy were
' pursuing the Kthloplan plane
or reconnolterlng.
Antl-llrltlsh feeling was again
mnnlfost In Egypt, ns students
(Continued on Page Soven)
A cold, penetrating fog ob
scured the sky In the Klnniiith
bBsIn Thursday, froozlng on pave
ments nnd on windshields ot au
tomobiles and making traffic
hazardous.
One accident, occurring at 8
o'clock Thursday morning nt tho
Intersection of East Main street
nnd Homo avenue wns attributed
to slippery pavement, according
to reports ot trnffle officers.
A Raymond Dairy truck, driven
by Karl Sohorn, skidded In mak
ing the turn from' Knst Main
street to Homo avenue, and
struck mnchlnea driven by Na
thnnlol Wright and Mike Foster,
both of which wore drummed. No
Injuries resulted.
Continued fair' wonthor, with
possibility ot . more fog - and
slightly higher tempornturo, wns
the prediction for the next 24
hnur period, according to the lo
cal weatherman, ,'
The slate weather bureau fore
cast Is for fnlr wenther In the
onxt, generally cloudy In tho west
with rnln Friday end no change
In gonornl temperature. Mod-
ernto southeast winds oft the
count nro In prospect.
Thursday's maximum temper
nturo wns recorded at 88 degree
and tbe low at 87.
Northern
GOVERNMENT
DOLE RELIEF
FUNDS SPENT
New Deal Has Power to
Make Payment Out of
Other Sums.
SPENDING ABOVE
ORIGINAL FIGURE
Many Questions in Con
nection With Program
Go Unanswered.
WASHINGTON. Not. 21 (VP)
The money congress earmarked
for the dole la all gone, but the
New Deal has power to continue
such relief payments a while
longer out ot other funds.
Official figures disclosed today
that out of I4.8K0.OOO.000 appro
priated last session for work-and-
rollvf, f8H0,U0O,OOO already has
been allotted to : direct , relief
(miiulnrly known a the dole).
This Is $9,000,000 more than
congress set aside for the pur
pose, ' .
Wide rower at Hand .
However, Uie- Koosorelt admin'
titration has wide powers to
shift funds from one category to
another.
With grants still to be made
to 22 states before tha dolo Is
due to end December 1, the fig-
urea raised these questions: '
Will there be further dipping
Into the 14.000,000.000 works
funds for dlroct relief, making
that much less for Jobs?
If so, will tho remaining works
fund be sufficient to carry out
the plnn to give 3.600.000 per
sons jobs by the end ot this
month at pay conforming to ex
isting work relief wages?
No Definite Answer
Will direct aid be continued
after the December 1 deadline If
state and local authorities plead
Insufficient funds to take over
the hunlen.
There was no definite answer
at busy relief headquarters to
dny, hut Inquirers were given a
hint when officials referred to
recent statements by President
Hoosevoll and Harry L. Hopkins,
relief chief. ,
The prraldont told a mayors'
(Continued on Page Six)
CHARGES FILED
PENDLETON. Ore., Nov, 21.
(P) William Kenton. 37, Dny
vllle, waa placed uudor $1000
bond In Justice court at Long
creek last night on a mnnslnugh
ter charge arising from tho fatal
shooting Tucsdar of W. C. Glbbs
Long Creek rancher, while on an
elk hunting trip at the head ot
Hunklns creek In the Blue nioun
tnlns.
The body of Qlbbs was brought
to Long Creek late yostordny
and an Inquest wns Held Imme
diately. The Jury plnced the
blnme upon Kenton,
Glbbs, who hnd lived at Long
Creek for 38 years, formerly
owned a hotel In Pendleton. HI
widow, a son nnd two daughters
survive him.
Spud Market
SAN FRANCISCO, Nov. 21, UP)
(U. S. D. A.) Potato market
about steady, supplies liberal, do
main! fnlr. Four Oregon cars,
seven California, three Idaho ar
rived j 17 unbroken cars nnd 17
broken cars on track.
Oregon Klamath Russets No, 1
$1.75 to SI. 85; few $2.00.
Idaho Kussots No. 1, $1.60 to
$1.70.
California long whites, $1.80 to
$1.85; fair, 80o to $1.15.
Sanctions Halt
Cargo for Italy
MALAGA, Spain, Nov. 21, (JP)
Three Italian freighters were
prevontod todny from taking car
goes ot Iron to Itnly because ot
Spain's applications of sanctions
nenlnst that nation.
The vessels sailed with their
general' cargoes, but left tbe Iron
on tbe pier.
3jwiaTmriiTTTnTTT"n",,i"1 'at' '
Ohio Strike ,
Riots Occur
GUARDS FOHCKD . TO TAKE
IlKI-TCE IS HUILDI.NO
' A FT Kit CLAHII
AKRON, O.. Not. 21 OP)
Strike sympathisers climaxed
hours of violence at the Ohio
Insulator plant In Bnrberton
early today by driving 80 guards
Inside, the factory with a oar
rage of rocks and bottles.
Tear ga bomb and streams
of water from fire hose were
used by the guards before they
retreated. Flares Illuminated the
scene. A factory gate house was
demolished by the crowd.
Governor to Get Appeal
A succession of outbreaks yes
terday and last night followed
an attempt by the company to
admit former employes to the
plant and resume work. A strike,
called by the Pottery Workers
union, ha been in progress since
Sopt. 17.
A committee ot 25 announced
a meeting today with the cham
ber of commerce to ask that the
use of tear gas be halted in or
der that representatives of the
strikers and the company could
attempt to reach a settlement;.
Union officials . said they
planned to appeal to Governor
Martin I.. Davey to Intercede and
stop violence.
. Two Persons Hurt
Two arrests and two casualties
were reported in tbe succession
of outbreaks. A woman was
treated for the effects of the gas
and a boy ot 7 was hit by a ga
hell. , i v
-I Ttie-etrlke- was-- caled1ry-'the
(Continued on Page Six)
NIIAC SUGGESTED
Possibility Investi gated
Today by San Francisco
Health Officers.
SAN FRANCISCO. Nov. 21 (P)
George Purnaras, 45, a dish'
washer, died In convulsions to-
day three hours after taking bi
carbonate of soda. Deputy Cor
oner Antbony Trabucco said the
soda from a different source
than that which caused three
previous fatalities.
SAN FRANCISCO, Nov. 21. IP)
The remote possibility a man-
lac might have poisoned baking
soda, blamed for three deaths
and the serious Illness ot 18 per
sons, was Investigated today by
Coroner T. B. W. Leland.
He believed there was more
plausibility, however, in the
theory that two poisons were
mixed accidentally with the soda.
"Of course there Is the possi
bility that a maniac may have
been responsible" the coroner
said "hut we have found no evl
dence." Josoph Rosenthal, department
store exocutlve and Nick Manno.
snlvnge company proprietor, ap
peared In Municipal Judge Alden
Ames court on charges ot selling
contaminated food. Their hear
ing was continued until Decem
ber 2, at the coroner's Inquest.
Permanent Klamath Pioneer
Organization
Annual
A permanent pioneer organisa
tion, designed to perpetuate the
memory ot early Klamath days
and foster tribute to early set
tlers, was effected at the annual
pioneer dinner held at the Pros
byterlnn church Wednesday night.
More ,than 200 attended the an
nual event.
. Officers of the organisation,
which Is open to pioneers, sons
of pioneers and othera Interested,
are - John Houston, president;
Or'th Slsemoro, vice-president, and
Mrs. Caiman O'Loughlln, secre
tary. Dr. George I. Wright, chair
man of a committee appointed
Inst yonr to plnn the organlia
tlon. reportod the nominations.
Others on the committee were
H. B. Hall, Frank Jenkins, Fred
Fleet and Llnsy Slsemore.
The plonoor organisation will
collect , Information on pioneer
days In the Klamath country, It
may gather relics ot those days,
and It will be active In planning
t ho annual dinners started at tbe
Presbyterian church five years
ago.
Forces Put tfy Flight
LUMBER URGED
TO TAKE PACT
INTO COURTS
Ex-Senator Dill of Wash
ington Says Treaty
Unconstitutional.
CONGRESS COULD
DEFEAT PROGRAM
Florida Test Case in
Cuban Agreement
' Pointed To.
WASHINGTON. Not. 21. (IP)
Former Senator C. C. Dill, Wash
ington state democrat, suggested
to lumber Interest today that
they Join other Industries to test
the reciprocal trade agreement
law In tbe court.
Expressing belief the law was
unconstitutional, he said there
were two things Industrie could
do:
"Thev cn go to congress and
get renewed excise taxes to ever-
come tbe act mane ny ine presi
dent, or they can. go Into court
and test -th legality of the-trrant
of power given the president to
make treatle without ratification
by the senate.
Veto Threat Seen
"The objection to the first ac
tion 1 that tbe president prob
ably would veto any legislation
Increasing the excise tax on Items
In tbe pacts.
The lumber Industry could In
stitute court action to compel the
collector ot custom In a port
of entry to charge the tariffs
made by congress rather than
those fixed by the president. Dill
aaid.
On the other hand, he added,
lumbermen could Join represen
tatives of other Industries In such
a suit, and bring an action cov
ering many items which suffered
reduction of protection In any"
(Continued on Page Seven)
ROME, Nov. 21, (flV-Premier
Mussolini today granted three
month leaves to 100,000 men of
his armv of 1.000,000.
It was officially stated this or
der has no "international signu
Icance," but is simply to release
farmerB for work and to speed up
Italy's industrial production tem
porarily. Leave will be granted first to
farmers and next to those whose
families need them. Third are
those who merit leave for good
conduct, after at least eight
months satisfactory service.
All of the 100,000 are undor
orders to return Immediately If
called.
Effected at
Dinner
E. B. Hall presided at tbe din
ner Wednesday night, and many
an anecdote of early Klamath
day was told by Hall and others
upon whom be called during tbe
evening.
Harold Merrymnn, Klamath at
torney, told of early day legal
Incidents here. Ho gave an ac
count of an early court that was
hold In a bedroom, with the
spectators and Jury sitting on the
bed, the attorneys on stools and
boxos, and tho Judge alone oc
cupying n cnalr.
Klamath county, he reminded
his listeners, gave Oregon one of
It greatest Jurists, Henry L.
Uenson. who, after Bervlng as cir
cuit Judge here, went on to be
come chief Justice of the supreme
court, .
. Llnsy Slsemore told of early
cattle drives from the north
Klamath and Deschutes country
to such distant shipping points
as The Dalles, Ontario, and Win
nemuoca. He reonllcd ono drive
to Wlnnemiicca which started In
(Continued on Page Seven)
British Pressure
Brought Against
Nippon Officials
, .
Nippon Announces Abandonment of Plans to
Make Region Autonomous State; Bank
ers Proceed With Silver Policy
By The Associated Precs - ' -
Possibility of an upheaval in the Japanese govern
ment over the North China situation was foreseen by Jap
anese political experts today due to an abrupt, halt in
plans for making North China autonomous under protec
tion of the Japanese army. '' ;
British Play Major Part '
Experts in Tokyo described the near-crisis as a con
flict between Japan's civil leaders and her military lead
era on the Asiatic continent.
Well-informed sources in London said the British gov
ernment was largely responsible for halting the move
throueh political pressure in
eralissimo Chiang Kai-Shek,
king.
' Chinese sources in Shan
ghai expressed fear the de
lay in makinz North China
autonomous was. .only, temp-
orary.
Chinese banker In the Pelping
Ttentsin area, went ahead with the
sUver nationalization program, to
which the Japan. abnnwd
interfering with -trade. - They In
augurated a branch ot the cur
rency reserve board to protect su
rer reserves.
(CoovTight. Associated Press)
LONDON, Nov. 21- The halt In
Dlans for the establishment of an
autonomous North China was said
by an authoritative source today
to bare been due to pressure
brought by Great Britain.
It was Indicated the British
used their influence to stiffen the
stand of Generalissimo Chiang
Kai-Shek, Chinese national leader,
in opposition to North China's
split from the wanning govern
ment. It was said also the British
played a strong diplomatic nana
in Tokyo to check the handling of
tbe situation by Major General
KenJl Doihara. commander, oi me
Japanese army on tne continent
In well-informed Quarters It
waa stated the British bad assured
tbe Chinese they had no desire to
interfere with normal, pacific Jap
anese economic penetration of the
territory Involved.
(Copyright, Associated Press)
TOKYO. Nov. 21. Japanese
Dolitlcal experts close to the gov
ernment asserted today that the
North China situation has devel
oped Into an explosive Issue with
in the Tokyo government.
Dlsnatches from China showed
that the scheme lor tne aeciara-
tlnn of autonomy bv the five prov
inces in North China under tne
protection of the Japanese army
had miscarried.
However, although Japanese
civilian leaders were temporarily
restraining the action of the Jap
anese militarists in cmna,
trong element of the army was
Insisting that the North China
autonomy plan be carried through.
Cabinet Life at Stake
According to the political ex
perts the Issue will be debated in
a cabinet meeting tomorrow.
It is expected Kokl Hlrota, ror
(Continued on Page Six)
I
WASHINGTON. Nov. 21, (JP)
Secretary Ickcs called on the oil
Industry today to halt, voluntar
ily, shipments to Italy.
Explaining at a press conference
be had no "authority at all" In
the matter, Ickes said "1 don't
think they ought to" sell oil to
Italy. .
"They ought to comply both
In letter and spirit with the ef
forts of the government to pre
vent furnishing war materials to
either ot the belligerents."
French Ready for
Border Emergency
DJIBOUTI. French Somnllland,
Not. 21. P) A battalion of
French Senegalese proceeded in
to the interior from Djibouti to
day to prepare for an overflow
nf rnrmrenR from Ttalo-tf thlonlan
war area and to be ready for
W frontier emergency.
Tokyo ana support 01 uen-
the Chinese leader, at Nan
Van Duzer, " Walton May
v Gain Places on Capi
tol Board.,
SALEM, Not. Jl. m The
names of H. B. van Dnzer ot
Portland and William Walton of
Salem have ' been prominently
mentioned here today as possible
selection to the state capitol
commission.
Governor Martin said today he
would withhold announcement of
his selections nntil he has con
ferred with Senate President Har
ry L. Corbett. Corbett was due
here late today or tomorrow for
a conference with tbe executive.
Speaker" Howard Latourette
was here late yesterday for a
conference, but said he was still
undecided at that time over two
of his selections. Each of the
trio will name three men.
Van Duier, prominent lumber
man ot. Portland and former
chairman ot .the state highway
commission, was active in the
democratic campaign for the elec
tion of Governor . Martin. Wal
ton, a democrat, is a Salem
banker.
ANNUAL SCHOOL
There are 410T ' children of
school age In Klamath Falls, or
School District Number 1, accord
ing to figure compiled in the
annual school ' census -wnicn nas
recently been completed, accord
ing to Ida M. Udell, ecnooi ciera.
Every child between the age
of 4 and 18 years is included in
tha cenBUB.
Of the total number iss are
boys and 2123 are girls.
The school census In 1934
showed a total ot 4036, with
1969 boys and 2066 girls.
An interesting comparison in
rieiirea from the census ot this
year and last is ionna m wo.
number of foreign corn parents
who have not been naturalized,
Foreign born, unnaturalized Tam
ers In 1935 numbered 65, against
16 in 1934. -.
Foreign born, nnnaturallzed
mothers In this year's census
totaled 52, and last year only 14
BY TIDAL WAVE
HILO, Hawaii, Nov. 21, UP)
Hoavy ea coupled with what was
believed to be a small tidal wave
following an earthnuake did con
aldernhle damage here today.
A short stretch ot railway was
hadlv damaged and two small
yachts and a power fishing boat
were wrecked. The quake oc
curred at 1:20 a. m." (0:50 a. m
eastern standard time) and cen-
(tered a lew mum irom mi en.
STATE RULING
BACKS ACTION
OF BLACKMER
District Attorney Held
Within Rights in
Taking Fee.
NO CRIME FOUND
IN CHECK CASES
Incident Developing Out
of Ashurst's Attack
Taken to Salem.
An opinion from the attorney
general's office, holding that the
district attorney, in charging a
fee for collecting on unpaid or
dishonored check, Is not commit
ting an act of malfeasance, was
received Thursday at the office ot
District Attorney Hardin C. Black-
mer. ., . ...
It was this practice, presumably,
that was condemned by Circuit
Judge B. B. Ashnrst last month
when he assailed Blackmer In bis .
sensational series ot Instructions
to the KlBTa.th nntr trend jnryi
Judge Ashnrst at that time Indi
cated his belief Blackmer had
committed a crime In connection
with check cases.
Blackmer Asks Opinion -The
opinion, prepared in an
swer to a specific Question by
Blackmer after the grand Jury
session, was signed for Attorney
General I. H. Van Winkle by
Francis T. Wade, assistant attor
ney general. It states that there
is no . law either authorizing or
condemning the collection of un
paid or dishonored checks, or the
charging of a fee therefor by a
district attorney.
Blackmer. In his letter, pointed
out that here, as elsewhere, there
are a great many "N. S. F.". "no
account" and "account closed"
checks passed each month. Many
of these checks are brongbt to
Blackmer' office and th -writers
prosecuted.
In other instances. Biacumer
said, those holding the check do
not -wish to prosecute and so sig
nify, but they do request that the
district attorney effect collection
on the checks if possible.
Minimum Fee Set
"On numerous occasions," the
letter said, "I hare effected such
collections, and for the reasons
hereinafter stated (hare charged a
percentage of the amount collect-
Arf OrlirlnAll-r T rbarEBrt 10 ner
cent, and later 25 per cent, be
cause that was the minimum fee
fixed bv the Klamath County Bar
association for collection fees.
I have never charged a com
mission where . orlmlnal charge
have been tiled with the court, al
though in case of settlement out
of court, I insist that either party
should pay the court costs.
"The principal reason lor maz
ing such collection charge la that
my budget for the entire year for
investigation work Is only 8500.
We have a great number of petty
complaints wherein formal crim
inal action la not warranted out
some Investigation Is required in
order to maintain peace and bar- .
mony, usually neighborhood rows,
strayed stock and family quarrels,
as well as the work and expense
attendant upon collection of
worthless checks. This special
investigation fund of 8500 Is not
sufficient for our needs. Includ
ing check collection work, and,
consequently, I have charged com
missions on such collections.
AH such money received In
collections has been used In con
nection with the matters above
mentioned, and none of It used fur
my own personal purposes, al
though I maintain that Inasmuch
as the law Imposes no duty upon
me to collect checks, I may as a
nraeilclna- attorney, charge a rea
sonable fee therefor, and am not
accountable to anyone lor com
missions received." .
The attorney general s opinion.
at the outset, states the constitu
tional provisions regarding mal
feasance, It also states section
14-428, Oregon code, 1930, pro
hibiting officer of law from tak
ing fees or compensation other
than permitted by law for any
official service or duty performed,
or neglect to porform such duty or
service, snd the penaltle for uch
acts.
The opinion concludes:
"A careful acarch of the statute
relating to tho duties of the dis
trict attorneys has failed to dis
claim any provlalon of law either
(Continued on Pag Boven)
Cltv