PAGE SIX
COURT FAVORS
PLAINTIFFS IN
DRAINAGE CASE
Circuit Judge Arthur D Hay of
Lakeview filed a memorandum"
opinion Wednesday settling the r,
dispute between the Lakeshore
Gardens Drainage district, et al.
and the California Oregon Power
company. for the most part in
favor of the drainage district.
He denied a motion made by
the defendant power company for
dismissal of the ease.
In this ease, the plaintiffs ask
ed for a declaratory Judgment re-
(meeting their rights in a 1920f
agreement, made to settle huge
lion between the then owners of
the plaintiffs' land, and the Cali-
fornia-Oregon Power company,
'predecessor of the California Ore- r
gon Power company.
Judge Hay ruled that agree- r
ments run with the land and
therefore prevail although the r
land has changed hands. He held E
that Copeo is obligated under the a
agreements. He also stated that
the covenants extend to lowering r
as well as raising the water in
Upper Klamath lake.
Judge 1111Y.S opinion stated fur- t
ther that the arbitration clause
of the agreement Is unenforceablei
by the plaintiffs. I c
The opinion awards costs to r
the plaintiffs against the power r
company and instructs the plain
tiffs to prepare a proposed coPY 1
of a Judgment along the lines of
the opinion.
Arthur Geary of Portland rep
resented the plaintiffs in this ease, c
which has been in the courts for P
a number of years.
Baseball
(Continued from Page One)
laic; Pearson and Dickey.
-
NATIONAL LEAGUE
First game: R. H. E.
Brooklyn 0 6 2
Cincinnati 6 11 1
Hamlin. Cantwell, Lindsey and
Phelps; Schott and Lombardi.
Second game: R. H. E.
Brooklyn 8 13 2
Cincinnati 6 13 3
Renshaw and Phelps: Gerh
man, Barrett, Mooty and Brit
ten. R. H. E.
New York 7 10 0
Pittsburgh 2 9 3
Schumacher and Danning;
B a n e r a, Weaver. Bowman and
Todd.
R. H. E.
Boston ...... 2 6 2
Chicago 5 7 0
Shoffner and Mueller; Davis
and Hartnett.
CHEATS NOOSE
SAN QUENTIN, Calif., Sept.
15 (AP)Cheating the hang
EMI'S noose. Frank Estrada. 45,
committed suicide in his cell in
condemned row at the prison to
day. Estrada was awaiting death
on the gallows Friday. He fash
ioned a crude rope from strips
of his pillow, then climbed on
a round stool and tied the noose
to a pipe at the top of his cell.
Kicking the stool away, Estrada
slowly strangled to death.
For results, use News and
Herald classified.
t
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Physician and Swig eon
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Telephone BAst Mg Portland. Oregon
Hart Oil Burners
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RUINS OF SHANGHAI
CIVIC CENTER
SHOW WAR'S FURY
(Continued from Page One)
from the Taiping rebellion, the
opium war and t he Boxer upris
in g, t hat I PnW the most tragic
pict tire.
Scattered about the debris
a trew n floors and shell-pierced
galleries are the broken heads
and t he dismembered torsos of
delicately carved gods. the arms
and legs of papier-mache man
nikins. stripped of their gorgeous
re intent. the pathetic remains of
Chinese eiRSSient dolls, puppets,
statues.
To this has been added vand
alism se great it is hard to tell
exactly what kind of articles were
exhibited in t he museum.
Showeaws stripped
Hundreds of showcases and
thousands of shelves have been
st ripped. Mingled incongruously
with h unexploded shells, hand
grenades, stool hehnetsghastly
tokens of warare broken sym
bols of peace, praying Buddahs.
sacred idols. Confucian philoso
phic writings.
In the midst of these shattered
relics are torn portraits of Sun
'Vat-Sen. founder of the Chinese
republic, and of Chiang Hai
Shek, who inherited his mantle
as the father of the revolution.
I saw strange contrast In the
recumbent, mud-covered forms of
Japanese soldiers. so exhausted
front the fierce duties of war
they sought the peace. of sleep.
Outside the shell broken city
ball. Japanese tanks. armored
cars and artillery batteries stand
row upon row. They are using
what is left of the building as a
barricade against Chinese guns,
less than a mile away.
Amphitheatre of Flame
For miles around the civic
center fresh fires make an am
phitheatre of flame for the shat
tered structure. Shells break
overhead: airplanes drone: in
the distance there is the relent
less chatter of machineguns.
I saw these things as I drove
back toward the heart of Shang
hai. deep in thought.
Suddenly a huge Japanese
bomber swooped low Over my
automobile.
The pilot . leaned out, saw the
American and Japanese flags
whipping over the bonnet.
He zoomed up into the sky.
FRENCH BATTERIES
FIRE ON SPANISH
INSURGENT PLANE
(Continued from Page One)
coastal defense units in France
are under orders to fire on
planes which attack or threaten
French shipping.
PART S. Sept. IS (AP)
France and Great Britain bare
mobilized nearly 200 warships
In the Mediterranean in their
hunt for submarine marauders.
Organized on a full war time
footing, the combined fleet is to
reach its maximum strength
within a week when all additions
ordered for patrol duty arrive.
Working in closest collabora
tion, commanders of the British
and French warships have laid
plans to shift the patrol fleet's
weight quickly to any section
where trouble might arisethus
backing with armed might the
nine-power anti-piracy agreement
reached at Nyon, Switzerland.
Special Fleet
France has ordered a special
fleet of 24 destroyers to the
Mediterranean pirate hunt, and
naval officials said the full
French fleet in those waters
would back the extraordinary
patrol, if necessary.
Although reluctant to reveal
the exact power of France's ma
ritime forces, French officials ad
mitted that with the patrol ad
ditions the French Mediterrane
an concentration would total 100
gun-warships.
The fifth French destroyer di
vision, made up of the Brestols,
Boulannais and Foudroyant, is
scheduled to steam from Brest
to bring the patrol fleet to full
strength.
SAN FRANCISCO
'LOS ANCELES
All Coast Points
Not only does Greyhound offer
you the smartest, smoothest ride
in America, but a convenience of
service offered by no other public
transportationand of course a
saving of money.
egaMple abetlia la14t$
SAN FRANCISCO $ 7.30 $13.50
LOS ANGELES 12.30 22.15
SEATTLE 8.40 14.65
PHOENIX 18.30 32.95
Savings on Round Trips
DEPOT:
830 KLAMATH
GREYHOUND
ENFORCE ORDER
WHOLE STATE
SWELTERS UNDER
SEPTEMBER HEAT
(Continued from Page One)
the experts that the hot weather
would "cook up" a thunder
storm, which might bring rains.
In that c a s e. a killing frost
would probably be the next
thing on the weather schedule.
The hot. dry weather had for
est protective officials jittery.
Humidity conditions w er e ex
tremely hazardous in the sur
rounding highlands.
A haze of blue smoke hung
over the Klamath country, but
forest officials said it must be
drifting in from elsewhere.
By The Associated Press
Mid-September sun took a rest
today after cracking some all
time heat records in Oregon and
creating dangerous fire condi
tions in the northwest forests.
Wolf Creek on the Pacific
highway turned in one of the
hottest days in the nation yes
terday with a maximum reading
of 104 degrees. Medford re
corded 102 degrees and Rose
burg 101.
Portland Cooler
An overcast sky and a breeze
cooled Portland after yesterday's
97 degrees, the hottest Septem
ber day in history and the high
point for the season.
A longshoreman working in
the heat collapsed. Hop pickers
quit when the sun reached RA
peak near Salem, and a cannery
shut down.
The fire warden ordered log
THE NEWS AND THE HERALD, KLAMATH FALLS, OREGON
,
u ,,011. On8P0nded in tho
1 1 ,, : :44.111::'ISIt;:i'll"'d' loll 1;17 n ea r
d IA st.0 rial.t.two
Holier 9 2 dog roes, 11 o n 4 90,
HII II iiii inyk:t tv 1 'al t lilt wit.1 t 19' '2".1 1 1 " " 9,2' . Sta.
(Continued from Page One) I !b!,!,;7t-i'it-ivihe;!s'il
pied to reach San Pedro. Ca of twat'
during the day for refueling.
Mr. Roosevelt issued the arms Firinp
ban late yesterday by forbidding
Min In
37 ships owned by the govern-1
I AP) Imperial valley's 24th
heat fatality. and tho fourth dur
ing the present hot spell. was
recorded hero today when tho
body of George Neilson. 54. a
carpenter. was found In bed In
his home by John Clkots. a
neighbor. Deputy Coroner Her
bert Hughes said Neilson was a
victim of heat prostration.
ment but operated privately to' ''''' ---
transport munitions to the far: roil TRELAKE iloAg
eastern war zone.
All other Ameriean merchant
vessels were cautioned that if they
attempt to take such cargoes to
the orient, they do so at their
own risk. No state puhlie works or fed
The ediet marked the most oral bureau of pub'''. roads
drastic step taken by the govern.' money is available for the
ment in the undeclared Sino-Jap-: miles Of rough road on the Al
alleSe War. ! turas highway south of Tu letake,
Ill-Hour Basis ! according to word received hero
It was proclaimed after the, from Earl Leo Kelly. director of
the California bureau of public
president had conferred with Sec.'
rotary Hull and Chairman Ken-
mks.
nedy of the maritime commission. Kelley's letter watt read at
3Ieanwhile, he had canvassed the! Vednesday noonls meeting Of the
general far eastern and European , directors of the KlatiVIIII county
situations with his cabinet, intr.! ehamber of commerce. lie stat
riedly summoned to a special ed that in vi,'w Of the exhaustion
meeting a few boors after his re-: Of funds. Modoc county might
turn front an eXtended visit to bring about completion of the
his family home at Hyde Park.: road hY Putting it in the federal
N. Y. secondary system. It is under-
'
The president's statement OM-: stood here Modoc county has not
phasized that the neutratity at ' done so.
was not being invoked at this' Forest highway and public
time. but that government PolicY , land money was used In con-
in this respect was being kept "on structing the road through the
a 24-hour basis."
Modoc forest and in
'art. across
The neutrality law. which the Tote lake basin. As it now
president must apply once he stands. the road is paved across
finds a state of war exists between the basin with the exception of
nations. automatically would bar the extremely rough mile and a
American munitions exports and! half. Cars that hit that section
financial aid to belligerents. It at high speed take a terrific
would permit the chief executive, jolting, motorists report.
to forbid American ships to trans.! The chamber of commerce on
, t
port to the war zones any other Mdnesday ratified the action
e
commodities which he might des-, taken by the executiv commit-
Ignate. I tee in omosing a grade crossing
The chamber of commerce on
Wbdnesday ratified the action
taken by the executive commit
tee in opposing a grade crogging
acrogg the Willametio highway by
Gilchrist Ltd.
110rSEKEEPEtt WANTE D---
$1.00 per day. 121 S. 2nd St.
9-15
2-ROOM furnished modern cot
tage. garage. Adults only.
Phone 1216-1. 9-16
FOR SALE OR TRADE for 12
gauge shotgun. one pair Hodg
man waders. 716 North 9th.
9-17
HOTPOINT REFRIGERATOR
A very slightly used demon
stratorthe very latest 1937
model 6-foot De Luxe size. Can
hardly he told from a new box.
Sells new for 6229.50. One
only of these practically new
demonstrators; goes at only
$179.00. Terms may be ar
ranged. Southern Oregon
Co. 9-15
LOST Oregon license number
S1-163. Return to D. G. NVhite,
614 Grant, or police station.
9-15
WANTEDPictures of scenes or
characters of Modoc Indian war.
Linkville and old Fort Klamath.
Will pay for use of prints or
negatives which will be return
ed. Write box 2288 care of
News-Herald. tf
FOR LEASE Good residence,
three bedrooms. Close in,
lawn. garage. Call at Room
1, 325 Alain. 9-15
Is PENNY SAVING
TH THIS RISK?
"Solely is Talsel
worth more
than pennies"
MANY discomforts leading to more
serious trouble can be directly traced
to the daily irritation of toilet tissue from
which aU the tiny splinters of wood are
not removed.
You buy safety when you buds! upon
M. D. (Superefined) TISSUE it is safe
to use, highly absorbent (more demi&
In), sterilised mcmy times and strongly
textured. No waste, therefore. thriftier.
g
TOO LATE
TO CLASSIFY
,
'f!';
CIO CALLS 1011
'5110MOIAN1 IN
MILL DISPUTE
(Continued from Pogo Ono)
-- TRAVELING? -
Alaska? Orient? Europe?
Hawaii?
Hates, innings, Pasmport Info.
Agent for all steamship lines
PETE J. LESMEISTER
Great Northern Station Ph. 1 100
Wr' !..'''''Yf;'
' 4ku:2',''''' '.'':',.!'.,
I
11 tt M otibiled by 1011111Ing
firnim horo.
Sonto vargo Imo b .... divoried
Iii 1.011 ditgliti A hi liV0111 licit
I'll titioiss tore,
CURFEW BELL TO
RING NIGHTLY IN
KLAMATH FALLS
( Com hmott front Paso MO
exactly nu hour too early, spott
ing tht$ Inn of Kitimat h Fulls
out It below Ott. two tlit hut
Poi Ivo art. howtiotimly knou it no
N0011.1001Iii anywn), mo one thing
lug tor t " " "W" "11""t1 to "" more optilist them won't mailer
fired toward three ('It) sawmill much,
union tnembere on II log raft at
the Vest, fires,011 mitt RI The curfew orilinntice, No, 2092.
reported finding it untidier of rvalin " r,111"8: 1iil ortillintiee
empty rifle and covoliee esti Itro binning children under lite
nee of IS )ears from remaining
ridges on the bank Of the St.
johns side or tho inn t o ; 01' being found upon lite streots.
alleys or ways of Ilaintatili
river.
Oregon. alter u oclocit at night
AFL, picket boats were in the
imitteen October I to Starch 31
river at the time, but police said nwhodro. ,tnit itrwr lo 0.00,h lit
the bullets dill not eonte from
night between April I anti Sep.
thotO.
Wm tow 30. tociush to of eavh )iar.
A vole by the Portland local of 1,, 11,,
the Seamen); union not to reedit- 1 ).tets suit h, I,,
nize -jurisdictional- picket linee ! in which to ramble the Mreete an.
permitted tile loadittg YesterattY tit to o'clock, after which they
of 2,000.000 loot of lumber front mot better lie on their way home
the Vest Oregon mill 011 0101 beforti betirinsitig titan at
meant twitootter W. R. Chatti ber.
lain, bound for 1,08 Angeles. Tito curfew law does not tip.
Decision Espeted ply to children accompanied by
A tiovisloil by 1110 iiiiistor"c parents or guaititan. tar if it child
mates anti pilol s. engineers. eonks' tit on at mitction iu titeret anal Phan
and stewards. AVI itrtlitatttl. 111,11 ti,1114,11 iltt uig ilib 11115.
-
steam schooner W. R. Chamber.
lain, bound for Los Angeles. Thal curfew law does not ap
Decision Experied ply to children accompanied by
A "dSb'n by lb "1"b". parents or guardian. or if a child
mates atm' pilots. engineers. eooks' as on at mission of mairi- anal shall
and stewards. Al-'14 iirciIu, IVIIS hit g,111,,Ity e,cpting tih ana5.
expected today to aletertittnolsa".
whether the ship with its CIO i Any porson pursons violating
cargo oulI bo moreat. i provisions of the curfew law
William K. Wed01, harmer t'10 upon convaction heforto dm 'wilco
Onto" "filet"! "h" 81"g" on.'1 court judgia 1,0 punished by a lino
man walkout Saturday night, said owl excceiling S'-ita or I2i 4110'11 III
other Anwiltiti wort,'" "re "I" Ali or by both soeh fin anti im
plying for ro-eurollinent tat the
API,. reporting a number of -rah oalanance also stipulates
turns" in tho Coos area. if htt hit 'hot otit
tpui Link It 11 ttttt ot UV- Tim ordinance 11 I so stipulates
turns" in tho &tt fl,i area. that it shall bo tho duty of the' po
lieo force to arrent and tako into
SAN FRANCISCO. Sept. 15 lin custody any pernon or persons
Two thousand membern of the violating provisions of the or
Maitime Federation of the l'a
eine. I" a liiit64 "1""iffla li"r" I The iiitaint old curfew law ends
unanimously condemned the slow by say itIg "MlY POrhOli of the age
paralysis of bay area ShippillI; is or IS or upwards who NItItU con--a
raiding attack" bY Teallist"rtt . hive at, aid. abet or assist a child
union officialdom on the ILA Ito bo upon tho streets, alleys or
NValrehousemen. WII)S of Klamath Falls after thn
Refusal of teamsters to morel si.itmt vi1,1"
dock cargoot until CIO 1""g'd"ii. any of the provisions or this or
men give up itte Wa"1""181"" suffer the name
to tho A. F. of I.. "shows clearly." penalties prescribed in Section I
a rosolution declared. that tram- f
ster hemis "are out to wreck thoi
progressive and militant labol !
nwvement un the milt "" FOREIGN NAVIES
wreck the maritime fedoratnin by
attempting to raid a brother
LEND SUPPORT TO
union."
.11,eef Sound Attack" NON-COMBATANTS
The federation also sent a tele-I
grant today to John F. Shelley.. I Continued from Page On
president of tho San Francisco fa. 1.,14,4 pin
labor council, beaten by alleged atttoi'i'ag ,a71, fr'amucha'I'w,1
members of the Teamster union
to Aube, north anti West of M
at the State Federation of Latior tor,,tattaaal shanghai.
convention in Long !leach. and
Sort ?tern Offensive Starts
demanded "a thorough investigit
Far to the north the whole
tion and expulsion of those "re-,
might of 1:::i.tieo JaPillitifin troops
sponsible" for the ilabor Inoo-!
, and their modern lquipment was
thrown into tho long-bogged of.-
"Maritime federation mass meet- '
fensive against rt 100-mile hat.
log unanimously condemns beef I tio Thia rampalaa. aimed
squad attack upon 'you and other!
I at suhlustation of the FAA prov
convention delegates. This action ,
hires north of thn Yellow river,
is typical of reactionary forces In holds tha real military import.
the labor movement in an attempt i Rare at tha who,a anorlarad
to destroy the march timer(' prog- war.
rest; and unity, hoping the con
: On the altered Shanghai front
vention will use every fill a
--- it becalm apparent that the I h
Bible to expose tho,, rem,onsible. ncse had succeeded in three flays
Exposure Asked ! of orderly withdrawal in eitinh
An accompanying resolution, lIh well prepared positions
addressed to the slate blidY, di!
-!!!' t t have halted the Japanese
manded that the attackers be ex-1 ndvLrn NHL inland from the
posed. ! lila in city.
Threat of sympathetic action by
AFL teamsters in Los Angeles to n
spread the port blockade south-I CCDI
RESPO
i 47.F,10 ghrtillAltIMMEEMP9
.!4::;11,41t ' :40000.00,000.EMIEMI
V1.04.4 '
"It's our Job to give you the
best. We at the refinery have a
great Responsibility too a part
of the larger Responsibility of the
entire Richfield organization in
serving you with dependable
products and service.
"Every drop of crude oil, from
the moment it enters our plant
until it has been accurately pro.
assed into finished petroleum
products goes on a personally
conducted tour four refinery. It
is our duty to see that every step
is planned and safeguarded to
assure highest quality."
NIPPON WON'T
BROOK FOREIGN
INTERFERENCE
(Continued front page One)
OHL WOOtil be Mt kit to send ft rep
resentative to the committee to
tittfl tile Japatieso case, This,
seemingly. would satisfy the Chi
nese...At' not their foes.
Sanotions Opposed
Ae (ion tinder Mild" XV II or
the league envenom. iiilglit
IIIOIVO the questions of sanc
tions, wits not revered by the
Amen admitted that thoUgh
is no longer it member 4.r tho
league ho is closely following de
velopments during the LIM..illtly
ItOttigt011 at which Vitittit's delegate.
Or. Wellington Koo. today made
ft denunciatory appeal.
Officially Anion is in Genets
In his capacity 118 tit 1.1.4Ittl Ot I It.
ILltlilllVNIl II011011 hilt...MI 10 IMO..
MO 1111,411M I011111
( III TOItY0 I II.. Jimmies 1,..terti
:tient ordered Amon to refute Clii
nse charges or aggression. hitt It
foreign orrice spokesman said he
had been given no detailed in
structions. Question of Life mid 'tenth
tile may "at his own discretion
make an unofficial statement to
the league," the spokesman de.
dared, adding that league action
would only "aggrtoute" the Sino
Japanes crisis t.
"The titivation of eastern Asia
is to Japan It qtiestion of life and
death." Anima said. "Pence Is
II ecessary there. but peace is
threatened II the two elements.
ioitst. the (hines, government
II id the Kuomintang Whine.. na
tionalist party) have been carry.
ing out an anti-Japanese policy
wit ti anti-Japanese education
among the ehilliten Mid sobtiors
or China:
"Second, the communist move
ment in China recently was in
creased by NA:thing's decision to
cooperate wit It the communists
and by the release of communist
I, risoners.
Blistering Indictment
"Vs must fight for the national
existence at Japan and ay. Chinn
and eastern Ala from the com
munist peril."
Anima added that Japan would
nettle her difficulties with China
N
S
B
September 15, 1937
mid withffitt wolf. 14.
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InIn Inn nIntnninnt bornis
tin 'engin, innivinhlv In it 11111,07
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MEOICR SUPPLIES
NT PEENED IlEllE
l'oilo anti t,rIrf'i nfrI.r o
itcro report Volt !tomtit
Iwy hail itgVq i',I Vvi I 1111V
pht Aching' 1111.1111111..111H V, Mill 1111
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II i.is 1,11011..4 !lint it titan
opprd tut hi Sand I':
'rriCt, Oat toll iv,r It occk
told at itonionts thin' Ito 11.0
tomtit lit notior title Itcciko it n,1
ot itcr to 1.11cvnolin on.' ttint Ito
init,titled to turn I hoot ov.q
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It witt4 ilt011111,il th,Ho I il1111
!MAI( fl Wet It it Inong 111,, loot tit 1,tol
hy ii nitAl teal viol" httrti c act Ivo
itcro and In 1,,igcno Noiii .. tint.
lig.. A 1 ow,1 tv It it it Ettr.cito
hompli a I nail", liii Ii m li,t Imo
eltillod lii M. SlIvor Lab,. fIiiil
It was rrpot toil.
-
Su.lonoo hard grandpa. Malin
flint Ilk (01-n hitt IN boron, It ra
butt no ono toot gonto, flur,vard for
lad who Apra in h In arta jtitt
buf or, shut Ii lug ttcot,on.
y 157 c- .46 elviliv
,
,
Schilling
Tea niore
flavor because
Its toasted
KENTUCKY STRAIGHT BOURBON
WHISKEY-90 PROOF
cu.. CALVtI otstiLurts COMP MS.
TILLIMICMILOWSVILLI MY..mmo .
IM4CUIMILOPPICISsCHNIMIMIL00..M.P.C
Ittr
11;1
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of the largcr Responsibility of the '
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MANY discomforts leading to more J.1i - r .
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serious trouble can be directly traced
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It YDo.uwbuupyescdureelinlyowd)hTelsn symou insilst tbsusafpot: ,,
to ust highly absorbent (more cleans : (S)
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textured. No waste, therefore. tbrUtier.
than pennies"
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