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Immmodr
Editorials
On the
D N
ay s News
Ity FRANI( JE.NKINNI
Firms BLACK. home from
J London. where he spent most
of his time dodging reporters,
still ratlines to annwer the im
ple (location: Are you or Cr. y iu
IF not a mentber of the Ku Klux
Klan?
HE is within his rights, of
courne. He doenn't have to
answer the question. Nobody can
compel hint to.
But his actionn, since his ap
pointment and confirmation, car
talnly do not measure up to the
average citizen's conception of a
11111n who in big enough to be a
member of the ettpreme court of
the United Staten.
Titta thought occurs:
j But for the little band of
Democratic senators who rinked
their political lives to defeat the
scheme to pack the membernhip
of the supreme court, we might
moon have had SIVE OTHER
JUSTICES just like Black.
4,
H ERE le an interenting little
item In the news: ' .
k Dictator Mussolint..- after
beetle stay in Germany during
which he and Dictator littler dis
pose Of world.problems to their
mutual ontinfaction, leaves for
home suffering from a COMMON
COLD, which be tries to get OS
of by drinking hot itmonade.
In spite of ail their proton
alone, then. dictators aren't such
big shots after all, are they? '
JUSTICE HUGO BLACK
SCHEDULES NATIONWIDE
RADIO ADDRESS FRIDAY
WASHINGTON!. Sept. So (in
Kenneth H. Berkley, general man
age of the National Broadcasting
company here, announced that
, Justice Hugo L. Black would
speak front Washington over the
nationwide facilities of NBC Fri
day night from 9:30 to 10 o'clock.
EST.
The announcement of Black's
eftinliti was made to newspapermen
In the office of the broadcaating
company after Berkley had talked
with Clifford 41tirr, an RFC at
torney and brother-in-law of Mn.
Black.
While the subject of the speech
itas not announced. broadcasting
officials maid they assumed it
would deal with a"egations that
Black had been and still is a mem
ber of the Ku Klux Klan.
The place from which the jus
tice will 'meek has not been de
cided, Berkley maid. It may be the
broadcasting studio, the home, a
hotel or his office in the supreme
court building.
Roosevelt Bonneville Speech
Praised By Oregon Politicos
PORTLAND, Sept. fia (Ap)
President Roosevelt's talk at
Bonneville dam Tuesday met
general approval among Oregon
political loaders, public power
advocates being especially loud
In their praises of what they
eonstrtied as prosidentiat support
for a blanket power rate for the
dame output.
State Representative J. F.
Bosch of Bond, president of the
People's Power league, said
Roosevelt "endorsed the blanket
rate by inference."
ROPM Endorsement Seen
"Ile did anything but compli
ment some leading Oregon poli
ticians on power and did it beau
tifully, if indirectly," Bosch said.
"I feel that he virtually en
dorsed J, D. Ross for adminis
trator." Walter W. IL May, manager of
tho Portland chamber of com
merce, voiced gratitude to the
president for the Publicity the
visit gave the Bonneville project
but differed on the power ,issue.
"We understend thoroughly
'bat the president is thinking
Price Five Cents
LICENSE LA
HELD VOID FOR
UNCERTAINTY
1935 State Statute Fails
to Establish Author
ity, Judge Says. -
ROSEBURG, Ore., Sept. 30
(ANBolding the Oregon 1936
pinball lieettee law "void for un
certainty," Circuit Judge Carl E.
Wimberly reverted to the mate
gambling twines and declared
operation of Pinball atimoll ille
gal in an opinion banded down
here today.
Accompanying the Onion was
an order diantissing the injunc
tion suit of Earl Ituah, Donates
county pinball operator, and lift
ing the restraining orderagainst
the ban placed by District Attor
ney J. V. Long upon the ma
chines Auguat It.
Different Angie
The opinion of Judge Wimber
ly attacks the validity of the
1936 law, which permits munici
palities and countien to license
or prohibit pinball games. from
a different angle than hereto
fore considered, bottling that the
statute.le so uncertain that its
meaning and application cannot
bp determined. ,
, "do fat as the wording of the
act is concerned, a municipal
corporation might license pinball
games and at the sante time the
county in which the city is locat
ed might prohibit their opera
tion; or. on the other hand. the
county might license such games
throughout the whole county, in
cluding the municipal corpora
tions therein, and at the sante
time municipalities might prohib
it their operation.
Conflict of Authority
91t will, thus. be seen that
there might easily be a conflict
of authority. There is nothing
In this statute from which it
might be determined whether the
acts of the counties or the cities
would control; and. 80 far aa I
have been able to discover, there
I. no rule of statutory conatruc
lion for the determinatton of that
question. For these. reasone, it
M my opinion that chapter 369
is void for uncertainty."
There is no queation an to the
Validity of the state lottery or
gambling statute, the court holds
in declaring that if the conten
tion of the plaintiff operator is
true that pinball games are not
a violetibn of these statutes, '"he
has. MI adequate remedy at law,
and equity would not have juris
diction to interfere by injunction
or otherwise." -
' "Just Like Illeatto' "
Citing court decisions given
on "beano" games and, particu
larly, the opinion of Juatice Mc
Bride, Judge Wimberly gays in
his opinion, "there Is no real
distinction, from a legal stand
point, between 'beano' and a
pinball game."
"The evil effect of the opera
(Continued on Page Eleven)
about in planning for a uniform
rate over a wide area, but we
feel he Is circumventing that
very thing Iv loading Bonneville
with heavy transmission nost over
a wide area, unless a switchboard
rate is made low enough to at
tract industry," May said.
Mahoney, Latourette Agree
Howard Latourette, national
democratic committeeman t o r
Oregon, said he was "with the
president 100 per cent," and de
earthed the speech as a "mandate
to use the power for the people
in our farma and homes." The
talk, he said,' "put to flight
those persona and groups who
halt wanted to peddle Bonneville
to a few factories."
Other comniente Included:
Willis Mahoney, Klamath Fails
"Preloident Rooseveirs epoech
is a complete answer to those
who would barter away this
great gift of power to induetrial
kings of the cleat."
Repreaentative Walter M.
Pierce, La Grande"It was a
fine addreaa. It wee excellent.
(Continued on Pats Fly.)
ASSOCIATED PRESS
t
CHINA ORDERS 200,000
COMMUNIST TROOPS INTO
NORTHERN WAR ZONE
SliANGliAl, Sept. 30 (N)Two
hundred thousand more Chinese
rommuniata were ordered to the
North China front today to item
the relentless advance of the Jap
anese army, as Chinese outside
Shanghai continued to hold their
positions and showed 09 signs of
weakening.
Communist forces in Klangsi
province were mustered to join the
nationalist troops their old ene
mies, as the Japanese advanced
through eastern Hopeh almost to
the border of Shantung province.
which has felt only light .
Infrequent attacks from armies
from the land of the rising sun.
With their offensive in central
and north China being pushed trig
(Continued on Palo Eleven)
BOOSEVELT SETS
SAIL FOB CANNA
4
: 44 ,
Storm Warningis Pósted
As President Stiirts''
"Good Will" Trip.
VICTORIA, Sept.' 30 (Ip)
President Roosevelt, paying a
"good neighbor" visit to Brittsh
Columbia. arrived at the island
capital today aboard the United
States destroyer Phelps at 13:33
p.m. (PSI).
SEATTLE. Sept. 30 UP)--PresMont
Roosevelt left American
shorea for a several hours' "good
will" visit to Victoria, in a pelting.
gusty rainstorm. He wilt retttra
to the United Silica at Port An
geles, Wash., before nightfall.
Stormy weather tonight and to
morrow over the Olympia penin
sula area, the planned itinerary,
was ahead. Southeast storm warn
ings were ordered raised at all
weather atations on the sound. in
the Waite of Juan de Fuca and
along the coast.
Night at Lake Crescent
The president Watt to spend the
night at Lake Crescent, in the wit
derness o t northern peninsula
country. and drive more than 200
miles tomorrow, encircling the
peninsula to Tacoma before re
turning to his special train.
Wind. accompanied by e
downpour of rain, reached all
mile velocity here this forenoon.
The president. refreshed by two
nighta and a day of rest after his
trtmo on Page Five)
FLAMES DESTROY BIG
BALTIMORE AMUSEMENT
PARK AT $300,000 COST
BALTIMORE, Sept. $O (AP)
Baltimore's largeat public amuse
ment park was destroyed by
flames early today..
Only one building, the dance
bait, in the area covering sev
eral city blocks was saved as a
stilt breeze swept 100-foot-high
tongues ot flame from one wood
en structure to another. J. J.
Carlin, owner of the Carlin's
park amusement center, would
eatintate damage only at "well
over 00,000."
Carlin said it was not covered
by insurance.
Hundreds of firemen called by
10 alarms fought for more than
two boors before bringing the
blaze under control. They were
handicapped by bursting hoae, ex
plosions from a gasoline tank
and because they had to strintr
hose for several blocks.
Origin of the blaze, believed
to have started in the arena, was
not determined immediately.
Seven large structures were
destroyed In the first hour.
The fire was the third largest
In the history of Baltimore..
Firemen Carl ,Cramer and
Barry SMith wore burned slight
1
&ening 'tratti
Japan Claims Air
Raids on Nanking
Vital to Success
IN THE SHASTA-CASCADE WONDERLAND
, KLAMATH FALLS, ORE., THURSDAY, SEPT. 30, 1937
Tokyo Answers U:S. Pro
test With Refusal to
Halt Bombing.
TOKYO, Sept. 30 (Wt.--The
1111P118 government today countered
a firm American protest against
the "unwarranted" bombardment
of Nanking with the declaration
that air raids to destroy the base
of resistance at the Chinese cap
ital were strategically necessary.
The short Japanese reply to the
United States note of September
22 was presented to Ambassador
Joseph Grew and forwarded to
the state department in NVashing
ton. The foreign office said that
Identical copies were handed to
the British and French represen
tatives in Tokyo. Both nations
entered similar representations.,
Will Respect Foreigners
, The formal American protest.
made after verbal representations
against Japan's announced inten
tion to subject the Chinese cap
ital to a mass aerial bombard
ment, charged the attacks were
unwarranted and contrary to
principles of law and humanity."
--TU.-Japanese reply told Ant
bassador Grew that as your gov
ernment knows full well," Nan
king is the base of China's mill
tary ofterations and reiterated the
declaration of Japans purpose to
bomb military establishments
both "in and out of the city."
Japan asserted she did not in
tend to cause damage to non
combatants. and had already
avowed it was her policy to re
(Continued on Page Eleven)
MAN'S BODY FOUND IN
RIVER, BWEVED TEl BE
CHICAGO KIDNAP VICTIM
BULLETIN
CHICAGo, Sept. SO (AP)--A
spokesman for the family of kid
naped Charles S. Ross today said
Ross had no tattoo markings.
He expressed belief that the body
of a man with a tattoo mark on
his right arm, found near Val
paraiso, was not. that of the re.
tired manufacturer who was ab
ducted last Saturday night.
VALPARAISO, Ind.. Sept. 50
(AP)The body of a man who
Sheriff Freeman Lane said an
swered the description of Charles
S. Ross. kidnaped Chicago man
ufacturer. was taken front the
Kankakee river, 16 miles- south
of here, this afternoon.
The mans feet were bound
with wire and rope with a 100-
pound weight attached, hung
from his neck. The body was
submerged in one foot of water
near a county highway bridge.
The victim was five feet, 11
Inches tall and weighed about
155 pounds. He appeared to be
about 60 years old and had gray
hair and good teeth. There was
a tattoo mark on his right fore
arm. Clothing worn by the man
bore the label of Lytton and
Sons, and he woe an Elgin
wrist watch.
The body was found by Harry
Werich, a riverman.
BAR ASSOCIATION KILLS.
BLACK INVESTIGATION
KANSAS CITY, Sept. SO (AP)
The American bar association to
day definitely killed an investi
gation of the appointment of
Justice Black but, in a heated
debate, directed further study of
propoaed condemnation of
membership , In "secret, oath
bound" organizations as incom
patible with the position of su
preme court Justice.
The assembly of the associa
tion, almost evenly divided, in
structed the resolutions commit
tee to make a joint study of the
secret order resolution and of
S. uggeation, made by Leasing
Rosenthal of Chicago, that the
bar aasociation go on record
favoring mandatory public hear
ings in the senate on tiall further
supremo court nominations.
EUE
Hubbell Sews
Up Pennant
For Giants
PHILADELPHIA, Sept. 20 UPI
Giving King Carl Hubbell the
honor of clinching the pennant,
the New York Giants today won
their second straight National
league championship by toppleg
the l'hillies 2 to 1 behind the ve
hit pitching at their great left
bander. It was the Gianni fifteenth
league championship. and thcir
third under the management of
Hill Terry, who was not with the
club today, being confined to his
room in New York by illness.
Home Rue Spoils Shutout
Hubbell bad a four-bit shutout
in bin grasp, with two out in the
ninth, when Dolph Camilli clouted
a pitch over the right field well
for a homer. That was the only
threat against the southpaw ace
throughout the game, as his mates
staked him to a run in the first
and another In the third off
Claude Passeau. Dick Bartell
scored one run and Jo Jo Moore the
other. Beth were driven in by
Johnny McCarthy.
The pennant-winning victory
climaxed a Giant drive similar to
the surge they made to take last
year's title. In third plate on
(Continued on Page Eleven)
CAME COMMISSION
41ANTSFINE MONEY
Klamath Justices Slow
in Turning Over Col
lections, Claim.
Klamath county justices of the
peace are in arrears in turning
over game law fines to the extent
of 21283.80, it is alleged by the
state game commission, which has
gone hunting for its half of 118,
732.70 of unpaid fines in the
state as a whole.
Under the law, game board of
ficials stated the justices of the
peace turn over to county treas
urers the game law fine money,
and the treasurers, in turn, remit
halt of the money to the state
game commission.
Laggard Everywhere
On the basis of the game board
records. J. P.'s in every county in
the state have been laggard either
in fine collections or in turning
over the money to the treasurers.
F. Carroll Baker. comptroller
of the game commission, has de
clared "open season" on the J.
P.'s, and may bring mandamus
Proceedings to get th- cash. He
is fortified with an opinion from
the attorney gene el dated No
vember 24, 1936, wherein it is
stated that mandamus proceedings
would be in order in such cir
cumstances. Possibly Not Collected
Baker said that possibly va
rious justices of the peace have
not collected, from game law vio
lators, a penny of the amouuts in
arrears. But, he said, these
amounts are based on fines ac
tually assessed in court, as shown
in state police reports on dispo
sition ot the cases.
Baker stated that the justice
court of Linkville district, where
(Continued en Page Eleven)
BATTLE OVER PRESIDENCY
THREATENS TO SPLIT AFL
BUILDING TRADES UNIONS
DENVER, Sept. 80 (AP)A
back-stage battle threatened to
split the American Federation of
Labor a building trades depart
ment today when the carpenters'
faction slated Joseph A. Mc
Inerney of Now York for -the
presidency.
, The minority faction immedi
ately let it be known lie mem
ber unions were seriously con
sidering secession.
Such a split would dirlde the
federation's building Ogden
unions into warring camps and
probably would mean a huge in
crone in the number of juris
dictional strikes.
The carpenters faction has
seven unions, compared to the
opposition's 12 but the carpen
ters membership is by far the
larger McInerney's election was gen
rally regarded as certain.
CITY BUDGET
LOWER THAN
LAST YEAR'S
Committee Estimate fol
1938. Clips $7300 Off
1937 Figure.
A decrease of 17300 in the net
budget for the city of Klamath
Falls for 193g was reported by
Police Judge Otto Langslet Thum
day. The total figure is $239,609,
against $216,909 for 1937.
The budget committee com
pleted its work Wednesday after
noon, and the proposed financial
schedule will be presented to the
council at its regular meeting
Monday evening, October 4. 1
Decrease in Bond Coate
A alight increase of $2700 in
the voluntary budget for operat-1
ing expenses of the city, was over
balanced by a decrease of 910.0001
In the Involuntary budget whirbl
pays bond and interest redemp-1
tion and funds set by charter
amendment. The committee ef
fected the decrease by budgeting
less for bonds in 1934.
The total figure for the volttn
tary budget I. $117,000 and the
inecanntas7-budget alittfied.
Increases of gig per month in
the salaries of policemen and fire
men were granted by the budget
committe, ma welt as ;15 increases
of police sergeants. An increase
of all) per month in the salary of
street sweeper was also allowed,
and 95 increases in the eateries of
other street department employes.'
$2000 More for Meals 1
The budget for prieoners meals I
was set at $5000. or an increase!
of $2000 over this year's item,1
which was exceeded some time
ago and replenished by borrow
ing from other funds.
The number of prisoners in the
city Jail has increased so steadily
that additional provision for feed
ing them had to be made in the
1938 budget.
EX-CONVICT ADMITS
STARTING GERVAIS FIRE
To SATISFY GRIEVANCE
SALEM. Sept. 20 (AP)
Claiming be had a grievance
against the publisher of the Ger
vais Star. Dave Weimar, 37. to
day' admitted he atarted the fire
that early Tuesdar morning de
stroyed the Star publishing plant
and damaged other buildings to
a total of 216,000 oss. He was
bound over to the grand Jury
and is in jail in default of
25000 bail.
Weimar, an ex-convict, is said
to have approached City Marshal
Alfred Ashland of , Woodburn
early today explaining that he
knew who set the Gervais fire.
Ashland questioned the man
closely and got the admission
that he himself eet the fire.
Weimar was taken before Jus
tice of the Peace Hiram Overton
at Woodburn where he pleaded
guilty and was held to the grand
Jury. He was brought to Salem
and lodged in the county jail.
Weimar said his grievance
against the Gervais Star. Pub
lished by I. V. McAdoo, related
to something the newspaper had
published about a woman sev
eral months ago.
Potatoes
LOS ANGELES, Sept. 30
(AP-USDA)Potatoes: ad cam
California. 6 Idaho arrived; by'
truck two can arrived; 6 di
verted; 68 unbroken; 28 on
track. Supply moderate, de
mand slow, market steady.
Idaho, Russets, No. I. $1.80:
Stockton Wisconsin Pride good
quality $1.40-2.46; tair qualitY
21.16-1.26.
,
SA N YRANCISCO, Sept. 80
(AP-USDA)--Potatoest 7 care
California, 1 Oregon, 7 Wash
ington arrived; II unbroken; ZO
broken on track; by boat 7
California arrived; conditions
same as yesterday.
Oregon, Klamath district Rus
sets, No I, 11.25-1.30, some
$1.20; California Long Whites
81.104.15; choice 00-70c; few
55c toms 5.516
UNITED PRESS
Number 8056 1
pV.00,..,.MWAM,aPAO.APPoPAPPOW
WEATHER
Uneeti led, probable abort-era
Maximum at 2:38 82
MMitnum 46
PRECIPITATION
Reason to date 12.12
W& year to dale 18.29
Normal proelpitation
0 I VA edt 11d Plitt 4119 41149 VI 414
Douglas Circuit Court Rules Pinballs Illegal
Spanish Border to
Be Opened Unless
Italians Withdraw
NORWEGIAN FREIGHTER France Prepared to Sup
RUNS AGROUND IN STORM ply Loyalists With
OFF VANCOUVER ISLAND Arms, Mell
VANCOUVER, R. C.. Sept. 10
01The 4402 - ton Norwegian
freighter Soloy, with a crew of 21.
wag aground on the chore of
Thormanby island, 40 milea north
of here, today. The extent of
damage caused when she ran
aground late last night in a heavy
sea was stilt undetermined.
The 210-foot freighter. which
cleared from this port, last night
for Powell River. 90 miles north.
reported to Merchant,' Marine
radio here that she struck south
Thormanby island in the Strait of
Georgia at 2t10 a.m., as cite beat
her way north.
A south gale was blowing and
a driving rain reduced visibility
as the Canadian Galt line char
(Continued on Page Eleven)
EMBASSY HENSEB
- -DIRECTED YEE
Court Denies Motion for
Acquittal in Gambling
Case Trial.
Circuit Judge Edward B. As
hunt Thursday afternoon denied
a defense motion tor a directed
verdict In the Embassy club gam
bling trial.
Boon Cason. defense attorney.
made five motions at the close of
the state's case.. Cason talked an
hour and SO minutes in supporting
his motions. District Attorney
Blackmer spoke for a little more
than five minutes against them.
Judge Ashurst said that certain
questions raised by Cason's mo
tions and arguments would be
taken care of in instructions to
the jury.
Billiards Frequently Mentioned
Repeated injection of the name
of the Klamath. Billiards by De
fense Attorney Boon Cason fea
ture& the trial sessions on Wed
nesday afternoon and Thursday
morning.
In his opening statement Ca
son asserted that the Klamath
Billiards company was "back of
the prosecution" of the Embassy
club. and on Thursday morning
(Continued on Page Eleven)
LOCAL
Decrease of $7300 in the net
budget of the city of Klamath
Faits for 1938 reported as com
mittee completea financial state
ment. Page 1.
-
Klamath justices in arrears
$1283.80 in collecting or turning
over' game law fines, state game
commission comptroller asserts.
State survey shows total of more
than $18,000 allegedly owed by
1. P's. Page .
I -
Defense motions for directed
verdict denied in Embassy gamb
ling charge trial. Defense at
torney claims Klamath Billiards
company behind prosecution of
ease. Page 1.
-
Eleven Klamath. county real
dents to be arraigned on liquor
charges in federal court at Med
ford. Page
GENERAL
League prepares to present Mus
solini with alternative of with
drawing Italian troops in Spain or
having Franco - Spanish border
thrown open to arats, men for
loyalist government. Page 1.
--
Judge Carl Kimberly of Douglas
county rules 135 Oregon pinball
licensing law void on grounds of
uncertainty. Page
-
Japan 1081,10111 U. S. protest
over bombardment of Nanking by
claiming air ratda atrategically
GENEVA, Sept. 30 (or)--A lea
sue of nations sub-committee was
understood today to have reach
ed a fateful decision to present
Premier Mussolini with the alter
native of withdrawing his Ita Hatt
volunteer& from the Spanish civil
war or seeing the French, frontier
thrown open to arms and mesa
for ths Spanish Valencia- govern
meat. A delegate who left the session
of the committee drafting a reno
lotion On the Spanish civil con
flict said this agreement had been
reached after a heated three-hour
argument.
' End to Non-Intervention
Re reported that the draft reso
lution does not refer to the 'Tor
eign aggression" which Spain had
charged against Italy, but ,rather
to "foreign intervention." ,
The resolution wag snit to els.
dors if the, withdrawal et for-,
eign combatant& la not made of,
lettire wilhln bli(V -ntontit's time, ,
the signatories of the non-inter-
motion agreement are "Iirrited
to envisage" a return to a
based on international law; -
This as interpreted by the
committee members to mean com
pieta abandonment of the entire
aott-httervention policy, enabling
mos spnni.h govermrient to oh
lain war materials wherever it ,
Time for Negotiation
The French were reported to
have giren the Spanish deleno
tion assurances that the frontier
(Continued on rage Ekren;
II KLAMATH RESIDENTS
HELD FOR FEDERAL COURT
MEDFORD, Sept. 34 (AP)
The federal court for the wroth--
ern Oregon district will open Its
annual October term here next
Tuesday, with Federal Judge
lames Alger Fee presiding. -
Eleven Klamath county resi
dents charged with the eale of
liquor to Indians will be ar
raigned on the opening day. The
11 defendants were transferred
yesterday to the Jackaon county
The doeket for the federal
court term ha not yet been
made up, according to, local fed
eral Metals, but the term te
expected to test 14 dare or tvra
weeks.
TODAY'S NEWS DIGEST 1
necessary from military view
point. Page 1.
-
China sends 200,000 more nem
mist troops into northern war
zone, as defenders bold position
in furious battle it ShangkeL
Page 1.
-
Carl Hubbell's five-hit, I-1 vic
tory over Philadelphia clinches
National league pennant for New
York Giants. Page
-
President ilang front Beattie ea
"good will" visit to Victoria its
midst of pelting rainstorm. Page
Norwegian freighter with crew
of 27 rune agrotind hi Morns oft
Vancouver island. Page 2.
- '
Rooseveire Bonneville speech
finds general favor with Oregon
political leaders. particularly pub.
Ito power advocates. Page I. ,
Leading stock, issue weaken It
elo . after early advance., Page
I 3.
IN THIS ISSLTD -
City Reels Page S
Comics and Story- Page 10-
Courthouse Recorda Page 4
Editorials Page 4
Fa nifty Doctor Page 4
High School Notes Page
Market, Financial News, Page AS
Recreation Notes Page t
Sports Pages 1 I 13
1
1
r Sup
ith A lea
tee was
t reach
'present te alter
L Itatiatt
tan dell
frontier
ad men
eoems -
session
a roe.
vil cow
ed been
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