,A,PAAWW.otaAAAA,WWWWW.0:.01000W1 WIRE SERVICE Ills Herald and News subscribe to full leased wire service of the Associated Press and the United Press, the world's greatest newsgatherIng organimtions. For 17 hours daily world news comes into The, Herald. News office on teletype machines. , L.0ft0AW0A,WAfto.,WWWWftVI.A,o,Wt.Mk.k,tbfta,OW6ft0, 4)4k I.. y - m BED ' 1 . Editorials On the t s i- Day News ; l' , I fly FRANK .INNKINS TWICNTY-13101IT years ago, the 1 .t present site of ?Mille. and the ' country to the north and east of :.'1 It, wore saaebrush desert. On the i south and west, COnling almost up to the present townsite, were the waters of Tub e lake. ,- Today, the whole Malin area is 1 '1.14, rich and fertile farm landthe l', sagebrush conquered and the lake drained. It is now a land of fat ,, 4 fields and beautiful homes. ,t .. . , . .rif.;4 wEN il the Pe (tont - of Malin ), TV played host on Saturday and - Sunday, celebrating the I lith anni: e 'mery of the founding of their town, they had something to show the friends and neighbors who flocked in to help them celebrate. Nowhere On the Pacific Coast hap a greater transformation taken place in the past three decades. DON'T think it was a picnic back in those early days. It W A fiNT. The land was richthe tall and lusurient sagebrush' proved ths4. ,.. Ru t. water, was lacking.. And the Mimed. for some reason or other. was lace hospitable than now. It took years of unbelievable labor and hardship to prove that profit able crops could be grown. When 1 the moisture was sufficient for a Icrop, the frost too often laid it low. But they were a determined lot, 1 and they stuck with it. Olean 1 pointments of one year were the Incentive to WORK HARDER. the next. pillar the ditches came, to pro- A vide water that was 'fickle'. Then, when the possibilities of the country were demonstrated. the like was drained. Its bed, which had been Whoring slit for a mil lion yearn, proved amazingly rich. . The weather sharps will prob ably deny it, but the people who have built the Malin district from pagebrush desert to the beauty ispot it now is inniet that the ell mato has changed and softened in these 211 years, with Infinitely less Inuit now than then. ! Perhaps the water has done It. Anyway, at Malin on Saturday and i3unday, were displayed not only potetoes and hey and grain, but almost every conceivable variety of temperate zone fruit and vege table. q' Harsh and forbidding it may once, have been, but now it Is a mild and hoapitable land, Yielding (Continued on Page .Three) -'. UNEMPLOYMENT CENSUS FORMS PRINTED INCLUDE STATEMENT BY PRESIDENT , WASHINGTON, Oct. 5 UPI-- Registration blanks for the forth w coining unemployment census will carry a message from Preal dent Roosevelt asking the - co operation of every faintly. The cream-colored question - mitres were made public today. On one aide are 14 inontriee, and on the other is this state ment by the president: "If you are unemployed or partly unemployed and are able to work and are seeking work. Please fill out this report card right away and mail it , before midnight, Saturday, November 20, 1681. No postage stamp Is needed. ' "The congress directed me to take this census. It la impIrt ant to the unemployed and to everyone in this land that the cense,' be complete. honest and "011rate If you give me the facts I shall try to use them for the benefit of all who need And want work and do not novf have IL" The cards will be dintributed by letter carriers on November 16 and 17 to the nation's, 51.- 1 000,000 families, Where there is more than one jobless person in a family. postmen will- leave extra cards. JUDGE CLAIMS CONSPIRACY TO DENY RELEASE Former' Magistrate Sees "Fiendish" Action on Martin's Part. PORTLAND, Oct. 5 (XiEarl H, Yehl. former Jackaon county judge who d a prinon term In connection with the Jackson ballot theft cases, filed snit in circuit court today againet Dov. ICharles H. Martin asking 6548,- 000 damages. Ha accused the governor of conspiring with Ralph Moody, assistant attorney-general, to deity him relearn, from the pent tentlary on April 15, 1038, when ' he contended he should have been freed under a good-time credit rule. - StV01111 on File Feltt charged that the alleg ed conspiracy was born of a "fiendish desire" to crush him perecinally and as judge of Jack son county "in order to atutist Moody in covering up his alleg ed - malicious acts while operat ing in Jackson county under the kerotoetion of the prosecuting. at tomes'. office." Yeht's suit is the second he bee flied since We release from prison on May 29. 1038, when he was freed with the Proviso that he might not return to Jackeon county for a specified period. The first suit, flied in Medford. sought to restore Pohl to his place on the Jackson county bench, It Is pending. "Railroaded" The plaintiff asserted that the governor and Moody spent S68, 000 of the taxpayers' monies to "railroad" him to primon. He contended that on April 16, 1936 (Continued on Page Three) SPANISH REBELS TRY U. S. FLIER IN MILITARY COURT; JUDGMENT WITHHELD SALAMANCA, Spain, Oct. 5 Harold E. Dahl, the Illinois flyer who joined the Spanish govern ment air force and was shot down by Spanish insurgents, was court martialed today in the grand salon of the ancient Moorish palace. Little more than an hour WI IN required for Dahl to present his story to the military tribunal, con tending that he went to Spain as an instructor, but was forced to fight. The court withheld Judgment until Tuesday at 2 p. m. It must forward its verdict to Generalissi mo Francisco Franco for approval or clemency. Dahl entered the courtroom with three Russian aviators who followed him to trial on,the same Insurgent charge"rebellion." ' New ,clothes were brought to him by Mrs. Merito, wife of the defense counsel, and daughter of the Bolivian minister to Paris. Had replaced the coveralls he had worn since his capture by insurgents last July. A telegram from Mrs. Dahl awaiting decision on her husband's fate in Spain, came for the captive aviator as the trial began. "Heart and good wishes of the whole world are with you. Love, Edith.", the telegram read. CARSON UNSUCCESSFUL IN LABOR SETTLEMENT TRY WASHINOTON, Oct. 6 OP) Mayor Joe Carson of Portland, Ore., winged his way westwald tcday after eshopping" unsuccess fully at the National. Labor Rela tions board headquarters for a settlement of the AFL-CIO rits cute which has tied up NRWM1118 In his city. - Wee told that settlement of the jurisdictional controversy lies within the two unions," Car son said after conferring with board members. Asserting he was interested only in "continuing prosperity" for Portland, and not in who won tVe dispute, the western mayor de clared that "this thing must be smoothed out soon because it is hitting the Portland chamber of commerce between the eyes." ASSOCIATED PRP.. tANA .t Prict. '14 e.0 .tAN' a I ,V41 N . ') .0001 7.2 &tientu Jury Panel Exhausted in Fitch Trial ALTURA Calif., Oct. 1 (AP) After a jury apparently had been selected today in the murder trial of Byron Leo Fitch, 37. ac cused Of slaying Earl C. Smith, 62, hie brother-in-law, the prose cution exerciled a peremptory challenge necessitating calling of another jury panel. Superior Judge F. M. Jamison, ill, instructed the aherift to bring itt prospective jurors Into court tomorrow morning. Defense Complains Action of the prosecutor in dismissing a juror when the jury of 11 men and one woman ap parently had been selected was taken after a conference of de. tonne attorneys and the district attorney with Judge Jamison. The defense had complained the prosecution had received an opin ion from a county official con earning the advisability of ac cepting a Juror. ilmith was shot and killed near Tulelake last July 21. Married to the sister of Fitch. Smith moved from Bonanza. Ore., to a now farm near Tutelake.. Fitch came from Pasadena to work on the farm and the shooting fol. lowed a quarrel, the prosecution charged. U. S. MARINES AT - SHEN CHEAT Terrific Heat of Sino-Jap Battle Forces Amer icans to Leave. SHANGHAI. Oct. 5 01--United States marines were sprayed with shrapnel today and forced to evacuate their defense outposts along the northern boundary of the international settlement when Japanese warplanes rained 16 bombs on one of China's largest flour mills Just across the 40-yard Wide Soochow creek. The Japanese claimed to hare driven China's warplanes from the air, a spokesman asserting that some 300 Chinese fighting craft had been destroyed in the three months of undeclared war. The Japanese drive to crack the Chinese defense positions in the Chapel seccor was halted on land. however, and Chinese machine (Continued on Page Three) CHICAGO LIVESTOCK PRICES COLLAPSE; LOWER RETAIL SCALE FORESEEN ciiicAao. Oct. 6 (fp)--F or e shadowing possible meat price do Ciillea livestock quotations today slumped to the lowest levels in weeks. Consumer resistance to high meat prices was an important trade factor at the stockyards. The market for Meer', which recently sold at the highest prices in '18 years, virtually was at a standstill after yesterday's, sharp break of 50 cehts to 81.50 a hun dredweight. Commission .mer chants refused lower 'bids in an effort to halt the decline. Hog prices. dropped 50 to 65 cents a hundred, one of the sharp. eat declines in months. The top price of hogs fell to 811.50, com pared with an 11 year top of 813.75 paid in Atuguat. The drop in livestock already has been reflected in sharp Price concessions on some wholesale meat cuts. Livestock men said price fluctuations in wholesale meat usually are reflected at re tail counters sooner or later. BOSTON, Oat. 5 OilGover nor Charles F. Hurley today made a "formal request" for an inves tigation by the U. S. department of agriculture of prevailing high prices for meat products in Massachusetts. FANS CONTRIBUTE EUGENIO, Oct. 6 UMFootball fans contributed $896.60 to the fund being raised hire to install an "iron lung" respirator at local hospital for treatment of paralysis patients, when a col. lection was taken at the Oregon Stanford game here Saturday, , v 1 4 NLRB CHAIRMAN SEES PERIL OF COMPANY ONO Labor Relations Board Not Pro-CIO, Madden Tells AFL Meet. DENVER, Oct, b UP)----.1. War ren Madden, chairman of the Na tional Labor Relations board, bluntly told the American Fedora , non of Labor convention today that a Wagner act amendment the federation has proposed might make the country "the 'happy hunting ground for the company union." , Taking notice of 'AFL accusa tions that his board was "pro CIO," Madden said the CIO like wise had accused the board in some instances of being Pm-AFL "No Right to Interfere" ' on this (Wagner) law shall ever be amended so that in words or In effect, it shall say that em ployes shall be entitled to be rep resented by a union of the em ployers' choosing, than all the rest of the law ehould be repealed, tor America, will have become again theItappy hinting ground fon'llat company union,' Madden said. "The organizations who are cc opting. one or the other .of the great national organizations as the lesser of two evils will fly int mediately to their real love, the feeble company union formed by themselves. and and will incor,t1- nently kick out the national union which they imposed on their em ployes." The AFL executive council, in its convention report. said the labor board had no right to in terfere in disputes between unions. William Green, AFL president, said recently the federation would seek amendment of the Wagner act to bar such interference. Only Scattered Applause Madden received only scattered applause after his speecli, and im mediately James M. Duffy of the Potters jumped to his feet and asked permission to question him. Madden consented. Duffy ask ed whether the board would order an election in plants where em ployes were covered by a contract. Madden said the board would not. It the contract had been entered Into validly. Duffy replied by reading part of a board decision that said in part, that a contract did not re move the board's power to order an election. - Madden said that the board never had and never would inter fere with a contract that had been entered into validly. The ax change ended with that statement. , Strictly Impartial , Madden told the convention the board was strictly impartial in labor's big civil war, and that many of the charges of partiaPty resulted from the heat of conflict. "With the division In the labor movement and with competition between the AFL find the CIO for the right to represent the workers in the same plant; the employer, not unnaturally may have a pref erence for one of the competing unions," he added.. "The law for bids him to give effect to that preference by coercing ,his em ployes to join the preferred union or not to join the other union." LOGSDON CASE GOES BEFORE JACKSON JURY MEDFORD, Oct. 5 UP) The Jackson county grand jury will convene tomorrow, for the con sideration of pending criminal cases, including that of John H. Logsdon of Fort Klamath. Ore., bound over on a charga of. auto theft, the district attorney said. Logsdon is alleged (.., have taken the au t o of a fellow Orator Lake national park road worker and driven to this sec tion with Mra. Alvin Fisher. While the auto was parked on the Pacific highway seven miles south of Grant' Pass, on the night of September 30. it figur ed in an auto crash In which airs. N. H. Atchison of Portland sustained fatal injuries. Mrp Fiche? is held in the county jail as a material w it MIL She al110 was tided for being drunk on a public high COURT BARS MULTNOMAH FROM RAISING TEACHERS' WAGES BEYOND BUDGET The budget estimated the sal aries of teachers at $3104176.50 while the proposed increase would have boosted the expenditure by $385000. MONTANA COLLEGE STEER NAMED GRAND CHAMPION PORTLAND, Oct: 5 :Mon lane State college capped its col lection of honors at the Pacific International Livestock exposition here when its Hereford steer en try, College Lad, was judged grand champion of all classes. Heavy Duroc Jersey entered by the same school was named grand champion barrow. The Lucerne Cream and Butter company of Oakland, Calif., won the Pacific international gold medal for the highest scoring ice cream in the dairy products division. IN THE SHASTA-CASCADE WONDERLAND KLAMATH FALLS, ORE.; TUESDAY, OCTOBER 5, 1937 0EdISSon RI JAPAN ACCUSED OF TREAD' VIOLATION Special League Commit tee Proposes Action in Far East War. GENEVA, Oct. 6 (AP)The league of nations Sino-Japanese advisory committee held today that Japan had violated treaty pledges by invading China and proposed action to deal with the far eastern conflict Including an Invitation to the United States and other members of the nine power pact to examine the situa (Continued on Page Three) SALEM, Oct. 5 (')The board of directors of school district No. 1. Multnomah county. had no au thority to adopt a resolution fix ing the compensation of teachers In excess of the amount provided therefor in the school budget, the state supreme court held today. The opinion was written by Justice. Belt and affirmed Judge Hall S. Lusk of the Multnomah county circuit court. Documentary evidence offered at the trial of the case In the low er court showed that in 1923, due to the depresston. the teach ers voluntarily accepted a reduc tion of 20 per cent from their basic salary schedule. On April 27, 1936. the board of directors, after a thorough in vestigation, declared by resolu tion that an emergency existed and that the best interests of the educational system and of the teachers demanded restoration of salaries to the basic salary ached end J-4. !:21;.,;.:;!...!0'.-.7. : ' ... :. ..... ,oc,.!,,.,,,,.. r..,.,,,,,, , zi.,-,,,,,.,,!--:,:.).,:.;;,,,,,,,,v- . r7,,,,,,,,,:, ,7-: 44- --,--:.:, - " UNITED PRESS Number 8060 1 401 Here's Modoc Field's Grandstand Cover. , , - ,st Applicants in 37 Stafes File for Land Prospective Tule lake home stead applicants in 37 states have written for information on the opening of 69 farm units to be held late this month, it was an nounced Tuesday at the reclama tion bureau here. A total of 2200 applications for information have been received, virtually all of them from veter ans. 120 Local Applicants In addition to the 37 states represented in the requests, per sons in Washington, D. O. and Vancouver. B. C., have aske:d for information on the homesteads. The bureau has distributed 120 application blanks to local per sons already. Ample public no tices and application blanks are now on hand. - Maps have not yet been re ceived. They are expected in a day or two. Legion May Protest Informal protests against the method of rating applicants for the 69 units continued, and it ap peared possible the American Le gion post here might discuss the matter at a meeting Tuesday night. ' Whether any formal protest might come from the Legion meet ing was not predicted by its officers. FOREST SERVICE WILD LIFE CHIEF URGES OPEN SEASON ON FEMALE DEER WAsHINGTON, Oct. 5 tP)---It is time for man to right a tilted net tral balance and convert a certain number ot deer and elk Into venison to prevent others from starving, contends Dr. IL L. Shantz. director of the wild life division of the U. S. forest ser vice. There are areas in eastern Oregon, northeastern California and central and ,southern Utah where the big game ropulation exceeds the food supply," and the only way control can be ac complished is by declaring open season on does as well as bucks," Dr. Shantz, former president of the University of Arizona, said. Some states, he added, are now doing this. Among the factions to be pleased by the division in such matters of policy, he explained, are the dude ranches who want as many animals as possible to provide "atmosphere" or clients even if the grange would be damaged by over grazing, farm ers inspired by ravaged hay 'decks who urge extermination of the animals, and others who are opposed to killing of any game and who want to domesti cate the beasts. The forest service, he said, at tempts a middle coursea sane game. management program. ....i...d0,01. WEATHER Fair..Loral Frosts Maximum at 2:80 54 Minimum 82 PRECIPITATION la hours to a. m. ....None Seaton to date Laat year to dal Normal preelpitatioa ' This photograph shows a striking end view of the new cover on the grandstand at Modoc field. The cover is expected to give football fans a "break" this fall, protecting them from rain, snow and cold winds. The next Modoc field major game will be a week from Friday. when Klamath Falls meets Ashland. COURT COMMERS BIAGI( PETITIONS Eight Justices Start Secret Review of Charges Against Ninth. , WASHINGTON. Oct.: 1 UP) The supreme court began today It s secret consideration of more than 400 petitions, including two challenges to the right of As sociate Justice Hugo L. Black to remain on the bench. 'nub conferences, teld in a closely-guarded room at the rear of the court chamber. will con tinue on Thursday and Saturday. Observers expect the justice"' to announe next Monday whether they will consent to pass on questions raised as to the eligibility of their new col league, who took his seat yes terday. Black Won't Participate His challengers neither of whom mentioned the controversy (Continued on Page Three) Second. jury panel called as murder trial of Byron 'Fitch gets under way at Alturas. Page 1. -, , Prospective homestead , .appli cants, numbering 2200. write from 37 states for information - on Tulelake. Page 1. ' Enterprise Irrigation , district bond issue for power plant con struction passes, 43-13.. Page 4. , - City council, discusses , Changes In ward boundaries, repeals food handler ordinance. .., Mills addition park to be investigated. , Page 4 Klamath tribe elects delegates to Washington. Page 4. Contracts for high school ad dition let; completion expected in 90 days. Page 4. Reduction of $3085 proposed In budget for Klamath county health department for 1988, ac cording to report of Dr. Neil Black after meeting of ,cbunty board of health. Page 8. Two fires show danger season In forests not yet over. Page 8. - Case of John Logsdon of Port Klamath goes before Jackson county grand jury Wednesday. GENERAL . President Roosevelt assails ag gressor nations. calls upon peace loving , countries to Join in a "concerted effort". to restore in ternstional peace. Page L Fehl Sues Governor for $548,000 Damages UNITED FRONT IN BATTLE FOB PEACE SOUGHT President Urges Positive Action Against War minded Powers. CHICAGO. Oct. 5 (AP) President Roosevelt left Chicago at 2 p. m. (CST) today after what he described as "a fine time and a great day" dedicat ing a bridge, lunching with a cardinal and delivering one of his most important speeches. CHICAGO. Oct. 5 UP)---A dem onstrative throng of midwest citizenry heard President Roose velt lip into war-inclined nations today in sounding an emphatic world-girdling call for "concert ed" action forjestoration of uni versal peace. Facing a crowd estimated by police at 50.000 gathered to watch him dedicate Chicago's outer link highway bridge. the ' 'chief executive in a stirring pies for sanctity of treaties and saw. .ity in international-dealings,' serted:,, "There must be positkie es deavors to preserve 'junco." "Epidemic Spreading" He did not disclose what he had in mind in this direction but be hinted at measures which is effect would "quarantine" the militaristic "10 per cent" to pro tect the 90 per cent of the world population he described as peace loving. "It seems unfortunately true." he asserted, "that the epidemie of world lawlessness is spread ing. - "When an epidemic of physical disease ' starts to spread, the community approves and Joins is a quarantine of the patients is order to protect the health of the community against the spread of the disease." The president motored to the center of Chicago's Centennial Jubilee celebration through a downtown storm, of ticker tape and paper scraps. Weather Mild Scores of thousands lined Michigan boulevard and other streets to cheer him along. ' The weather was mild. a warm sun permitting the president and members of his party to go out without topcoats. , The great throng cheered for a full minute and railroad loco motives and river boats shrieked their whiatles as the president (Continued on Page Three) ..TODY'S,'.N.E.,W5.:DIO.T.-' Earl -Pehl files 1541,000 dam. age suit against Governor Mar. Claiming governor- and As. Blatant, Attorney-General Ralph Moody conspired to deny him release from penitentiary. Page Charles Madden, chairman et national labor relations board. claims AFL's proposed amend- ment to Wagner act would bring return of company union, denies labor board favors CIO. Page 1. Terrific heat of Sino-Jap bat. tie for possession of Shanghai forces U. S. marines to evacuate outposts along line of fire. Page League's Fano Jap advisor? committee charges Japan wits violating treaty pledges by in vssion of China, proposes action in far east conflict. Page 1. Supreme court begins mord Consideration of more than 400 petitions, including two dial..., lenges ageing Justice Black. IN THIS ISSUE City 'Briefs r --Pan Comics and Story ......Page Courthouse Records Page 4 Editorials 4 Family Doctor 4 High School News Markets, Financial News Page 3 Railroad News Pa ge Recreation Notes Pge I Sports ' ek,,s , : "-,' kt., fr , , 1,, 111110P, , 1111i - - - - t a.tiat ,,! , , , ' : .' .,!,, :; ;. , 4 , , :.N,..,; :. 7 -,,,! tr-s - , - :- - ; : . s. , . ':- ; ' rogram. I ternational peace. Page 1. I Sparta 4 1 bring !anion Ige 1. : bat. I ,nghat , innate 1 - ' It 1111, dUUIICO -t olassan , IMtJ L----1,-NR,r1 (u d. LI SI., II Etti iI r- - (Q) F 0) rol ri .f1)0 11)Atfi -, WEATHER Inn Fair..Local Frosts Maximum at 1:110 ......54 Minimum .. PRECIPITATION IS hours to $ a. m. ....None Seaton to date , Lees year to data Normal precipitation - - - , . , . . 1 . r, , , . I . s . , . . . . s I . s IT Ai( A 3