( a 00000P011,WP.00002 . WIRE SERVICE The Herald and News subscribe to full leased wire service of the Associated Prose and the United Press, the world's greatest newsuathering ornonizations. For 11 hours ,Ilsity world news comes into Tile floral& News office on teletype machines. Editorials On the Day's News By FRANK JENKINS AMONG the good things Oregon , has to be thankful for (the Thanksgiving season. you know, is approaching) is the fact that In these trying recent years Charles H. Martinhaa been gov ernor. APOVERNOR MARTIN doesn't believe that merely by passing .. law or making a speech day can be changed to night or white can he changed to black. - :He DOESN'T believe that you ean pour a quart of water out of a:pint cup. He doesn't believe that wishful thinking can make everybody rich. (THERE Is an ancient proverb 1 to the effect that if wishes were horses all beggars would ride. Wishes AREN'T horses. If the politicians have about con vinced you they are, try ''wishing a horse into your stable. Or an automobile Into your garage.) , GOVERNOR MARTIN does be- ,..: hove that the only way to CREATE WEALTH is to apply labor to natural resources. He does believe that you CAN'T IDIVIDIO what isn't produced. Ile oeli believe that the less we woik the less we produce and the less .. (Continued on PageThree) . JUSTICE HARLAN STONE OBSERVES 65TH BIRTHDAY ' WASHINGTON. Oct .11 Oil Justice Harlan Fiske Stone of the supreme court was 05 yeara old today. Attendance et a court session made it just another day in his judicial career. The termer attorney general in the Coolidge administration and onw.time dean of Columbia oat. veralty law school eppeared to be In perfect health. Ho wee ill to three and one-halt months last year. ' During the summer he visited Mexico and rented at his Wand home off the coast of Maine. The average age of the nine Justices is now 60. Brandeis is 4(80: Hughes. McReynolds and 8utherland. 75; Butler, 71; Car. dose. 67; Roberts. 82; Black. 51. COUNTY COMMITTEE STARTS DRAFT WORK ON 1938 BUDGET MONDAY With 1257,783.58 tiet Rs the Mutt ot the 1938 budget, the members of the county court. and budget committee began their task Monday morning. The day was spent in receiving proposed budgets from depart ment heads and organizing for two days of final work Inter in the week. ' Alfred Collier was elected chairman and C. A. Bunnell was named secretary. The largest delegation heard at the morning session was made up of women supporting the ap propriation of sufficient money to emnloy lichen McCarter as (Continued on Page Three) GUN BATTLE FATAL TO LANE COUNTY MAN ECONNIII. Oct.' 11 til'i---Sheriff C. A. Swartz hold Frank Sadie!), 49, in the Lane county jail todby In connection with the fatal shoot ing of Harry Hansen, 42. Hansen, wounded at an gut camp north of Cottage Grove Fri day, (lied at a hospital bore Sat urday night. The sheriff snid the shooting was the result of an altercation. Authorities held Mrs. Mabel Sown as a material witness Sheriff Swartz said the gunplay occurred In hercabin. ASSOCIATED PRESS . Price Five Centa KLAMATH FALLS, ORE., MONDAY OCTOBER I'D L.Imm. P srtv,v3,01.'ll' , 0 AK. 1 T3i) w .c) J1 Al ..,, N, ,,, , . td u 0 .. . M4: 04 600; It li Nation Votes Spud Control Preachers Build Tabernacle Here t Klamath Falls preacher', turned carpenters to construct the tabernacle at Eighth and Pine streets where union evangelistic services under the direction of Dr. James Rayburn are now under way. Hero are the preachers, bard at it. tipper left: Rev. Arthur Charles Bates hands a level up to Rev. Cecil Brown; upper rightRev. Roy Southard. left, and Rev. Gottfred Anderson, carrying a stick of lumber: lower leftRev. A. Theodore Stnith beide things together for a while; lower rightRey. Ii. L. Russell, the crow's foreman, wielding a hatchet. Coroner's Jury Asks Crowe Held BULLETIN Manalaught er charges were filed Monday afternoon agahtst Denver Crowe, in the gunshot tleath Of Orval Baldwin, I9, at a rooming house in Shippington tepidity morning; R. M. Baldwin of Roseburg, father of Orval, signed the coup. plaint. Bond was set at $5000. The fatal shooting of Orval Baldwin Friday morning was "avoidable and unjustified," in the opinion of a coroner's jury which heard the story of the boarding house trouble at the in quedibever Baldwin's body Mon day morning. The jury recommended that Denver Crowe, 53, who said he shot Baldwin when tho latter threatened to attack him, he held threatened to attack him. be !mid (Continued on Page Three) SOX NEAR VICTORY CHICAGO, Oct. II (Al') The White Sox came within one game ot the city series cham pionship today, defeating the Cobs 8 to 4 in the fifth game of , the city aerie,' to make it three wins to two for their major league rivals. T eacntug KLAMATH FALLS, ORE., MONDAY, OCTOBER 11, 1937 IN THE SHASTA-CASCADE WONDERLAND FITCH'S BROTHER TRIES TO PROVE SMITH HAD VIOLENT TEMPER ALTURAS, Calif., Oct. 11 (Special)--Whether or not Earl O. Smith,. shot to death near Tule lake July 21 by Byron Fitch, had a temper so violent that he twisted and broke the tails of cows when they interfered with his milking, was a question argu ed at length in superior court here today as Fitch's trial on murder charges moved toward the Jury. John Fitch, brotheii of the de fendant, testified that Smith's (continued on Page Three) POLK COUNTY SHERIFF CHARRED WITH LARCENY DALLAS, Ore., Oct. 11 OM Acting upon information contain ed in a partial audit of the "af fairs and finances" of his office conducted by antihero of the sec retary of stales office, the Polk county grand Jury today returned an indictment charging T. B. Hooker, sheriff of that county since January, 1935, with embez 210111011i of public fonds in the amount of ;3149.89. Service of the indictment, which was secret, was made on Sheriff Hooker during the morn ing and he was released on 92500 bail to appear in circuit court at 1:30 o'clock Thursday afternoon to enter Ma plea. COMMERCIAL GROWERS TO CUT ACREAGE Stabilization-Benefit Pay ment Program Passes, 24,195 to 5425. WASHINGTON, Oct. 11 (A' Farm administration officials an nounced today that commeroial potato growers have approved, limitation of Acreage next year under the present farm benefit' payment program. 1 Preliminary results from a na tionwide referendum showed 24.-' 11)5 votes in favor of a stabiliza tion program and 5425 against. 'As a result. the AAA will split up, a national acreage limit or goal of between 3,100,000 and 3,300.000 acres among the states, counties and individual farmers. The average potato harvest from 1028 to 1031 was 3.346.000 acres. Three Acm or More Partners who stay within these goals will receive a benefit pay ment. The program will not ap ply to farms growing potatoes for home or local use or in areas Where potatoes are not commer Velly, Intletthont.. Veale set forfarms with three acres or more in potatoes in commercial areas. If the cooperating potato grow er stays within his goal, he will receive a payment on the average yield of 6 cents a bushel on early potatoes and se cents a bushel on late potatoes. Maine growers, who recently (Continued on Page Three) FORMER ANN HEYilIT PLANS QUIET, HAPPY LIFE WITH GARAGEMAN SPOUSE SAN FRANCISCO. Oct. 11 C10, San Francisco's "poor little rich girl," the former Ann Cooper He witt, stood at the beginning of a new life today as the bride of 32-year-old Ronald MacMillan Gay. "I'm going to live happily ever after," said the 90-pound heiress. She and the strapping, band kissing Gay, assistant foreman of an oil company depot in Oakland, were married Friday at Grants Pass. Ore. They returned here yesterday in order.that Gay could be back at work today. As they sat last night in their Nob Hill apartment apparently forgotten were the stories in yes teryear's newspapers that men tioned her name, always in terms of heartbreak. "I am happy today," she said, "for the first time in my whole life. "I don't suppose you can under stand what that meansto come suddenly upon Joy and laughter and romance and tenderness. All thesn things are so new to me." Her husband nodded encouragingly. OGDEN MILLS, 53, FORMER SECRETARY OF TREMURY, DIES AFTER BRIEF ILLNESS NEW YORK, Oct. 11 (13)--0gden L. Mills, former secretary of the treasury, died at his home here today at 11:59 a. m. after an illness of two weeks. Mills was 53 years old. According to business associ ates, his death came with a seem ingly trivial illness which had kept him from his desk for two weeks. Because of his recurring ill nesses, Mills had given up much of his activities in the republican Party. At the time of his death, Mills' activities wore manifold. He was a director in the Cerro De Pasco Copper association, the New York Herald Tribune company, the Chase National bank, the Mer genthaler Linotype company, the National Biscuit tompany, and the Seaboard Oil company. Mills rose to his highest promi nence in the nation's affairs und:r President Hoover, who made him secretary of the treasury in Feb ruary. 1932, when Andrew Mel lon. whom he had served as Un dersecretary of the treasury, retired. trat Tempers Flare in Circuit Courtroom as Judge Ashurst Bars Special Stenographer Hot words flew in the circuit courtroom Monday morning when Circuit Judge Edward B. Ashurst refused to permit Al Brandt, for mer circuit court reporter, to serve as special stenographer for A. C. Yaden, Klamath attorney, and his clients. At the outset of the trial of the case of Joseph M. Colahan. et al, versus William Orville Smithe at ux, Yaden asked the court for permission to have Brandt report the proceeding. He said that because of certain features of the case, he would like to have Brandt's services as a tenographer. "Any But Brandt" Judge Ashurst replied that Yaden could have any reporter in the state except Brandt. He said that as long as he Is Judge, Brandt will not be permitted In side the bar in the courtroom. Judge Ashurat declared that Brandt speaks in "contemptuous and disrespectful manner" of the court. Yaden replied that Brandt had demonstrated his ability as an expert. and for that reason his CIO OUSTED IMGED ON Aft COUNTION Faint Peace Hopes Still Held Out; Lewis Opens ', Strategy Meeting. DENVER, Oct. 11 UTThe American Federation of Labor convention's resolutions commit tee recommended today that the convention give the executive council power to expel John L. Lewis rebel unions but also, recommended continuation of a committee to try to make peace with the CIO. The committee recommended a four-point program with regard to the tewia movement: (1) Continuation of the peace committee headed by George M. Harrison, president of the rail way clerks. (2) Giving the council power to expel the 10 CIO unions sue Vended September 5, 1936, "with out hesitation the moment (it) becomes necessary." Political "Strengthening" (3) "Enlargement and strengthening" of the federation's machinery for "non-partisan poli tical activities" to fight any gov (Continued on Page Three) BRITISH FASCIST LEADER SERIOUSLY WOUNDED BY ROCK IN LIVERPOOL RIOT LIVERPOOL, Eng., Oct. 11 (IPI George O. Me lander, 19, accused as the rock thrower who struck Se Oswald Mosley, British fascist leader, Ivith a jagged stone, was remanded for a week today on a charge of felonious wounding. The slim fascist leader was dangerously but not critically In jured by the stone thrown in a clash between leftists and fascists yesterday. Eleven men beside Me lender and two women were charged with lesser oftenses connection with the disturbance. A physician at the hospital where Sir Oswald was taken after he toppled over unconscious when he was hit trying to address an outdoor crowd of 8000 persotts. said he is "suffering a concussion and puncture wound of the skull. A minor operation was performed successfully and his condition is giving rise to no anxiety at the moment." Demonstrators sang the "Inter nationale," repeatedly raised clenched fists in the proletarian salute and hurled missiles in wild scenes until police reinforcements arrived and cleared the streets. RALPH PEYTON DENIES MANSLAUGHTER GUILT Ralph Peyton pleaded not guil ty in circuit court Monday morn ing when appearing on man slaughter charges brought In the deaths of Dewey Byrne and Mil dred Hicks. the result of an auto mobile accident. Trial of the case Involving the death of the Hicks girl was set by Judge E. B. Ashurst for No vember 22. Peyton appeared in court with his attorney, Henry Perkins. lie was recently indicted on two counts by the grand Jury, each indictment dealing with a sep arate death. tivkil Maximum at 3:80 70 , Minimum 40 PRECIPITATION 18 hours to 8 $. m 00 Henson to date 87 lost ear to date 01 UNITED PRESS Normal precipitation 85 Number 80651 WEATHER L,JL,1 ,4Th - services had been desired. He said, however, that he would have Brandt report the case from the audience. Judge Ashurst re plied that such would not be permitted and said that he would consider it an imposition Upon him to have Brandt do Co. raden Makes Motion Yaden replied that be had no Intention to impose upon the court. He stated be knew none of the things about Brandt which had been stated by the court. He then proceeded to make a motion in the case. Brandt was sitting at the time in the spectators section of the courtroom. Judge Ashurst re ferred again to the matter of his reporting the case and said that in view of his manner to ward the court, he would not be permitted to take any proceed ings in the courtroom. Yaden said he had no desire to disobey the order of the court, adding that he believed the court bad made a grievous error.' He said he was being denied the (Continued on Page Three) DOSS APPOINTED TO BONNEVILLE OFFICE Seattle Man to Adminis ter Power From Big Dam Project. WASHINGTON, Oct. 11 RI James D. Ross, 65-year-old Cana . dian-born engineer, will adminis ter the power output from the government's gigantic Bonneville dam on the Columbia river. Ross, now a securities commis sioner, was appointed adminis trator of the Bonneville power last night by Secretary Ickes. His duties will include supervising the construction of the facilities for transmitting and distributing the Preference will be given to pub lic bodies and cooperatives in the sale of the power. 33 Years Experience Ross has had 35 years' expert (Continued on Page Three) - MERCHANT PLEADS GUILTY TO CONCEALING ASSETS MEDFORD, Oct. 11 (JP)Har rold M. Mallory. Klamath Falls merchant, charged with unlawful concealment of assets of a busi ness in process of bankruptcy, en tered a plea of guilty in federal court this morning. Federal Judge James A. Fee ordered the case referred to the federal probation 'officer for rec ommendation as to further action. Mallory's counsel informed the court Mallory had previously borne an excellent reputation and his wife and child were now un der quarantine for infantile paralysis. John P. Keating, transient, charged with falsely endorsing and cashing a postal money or der in Klamath county, was sen tenced to serve two years on two counts in a federal prison to lie named. LOCAL ", Hot. words fly in circuit court when Judge Ashurst refuses to Permit Al Brandt. .former circuit court reporter here: to act as spe cial stenographer for A. C. Yaden, local attorney. Page 1. Ralph Peyton pleads not guilty In manslaughter cases. Trial set for November 22. Page 1. Coroner's jury holds Baldwin's shooting unjustified by circum stances, recommends .case of Den ver Crowe to grand jury. Dis trict attorney files manslaughter charge. Page 1. - Governor Martin views Klam ath agricultural progress. Page 8. - County budget board takes up task, hearing numerous delega tions. Will meet again later in week. Page 1. John Fitch, brother of defend ant in Alturas trial, claims Earl Smith, victim of slaying, had tem per so violent be broke tails of cows when milking. Page 1. Safe in Southern Pacific its. PIO NEW JUSTICE ALLOWED TO RETAIN SEAT Two Challenges Rejected As Not of Sufficient Interest. WASHINGTON, Oct. 11 (AP) The supreme court rejected to. day two petitions challereing Justice Hugo L. Black's eligibili ty to hold a seat on the high bench. The court denied motions by Albert Levitt, former federal judge in the Virgin islands, and Patrick Henry Kelly. Boston at torney, who asked the court to ' determine Black's legal 4lin eations for the post. Hughes Announces Decision Chief Justice Hughes , an nounced the court's ruling to a packed court room. Black him- self sat- on the bench with his colleagues. Throughout the brief announcement he maintained a solemn demeanor. 1 The motion was denied on the ground it disclosed "no interest upon the part of the petitioner - other than that of a citizen and a member of the bar of this court." Such an interest was held to be insufficient to war rant the courts hearing Levitt's challenge. Regarding the Kelly motion the court said merely it was "de-. flied" in view of the action in no indication that there was any , , division among the justices overit the ruling. How the justices . ' vote in such Instances Is not an- flounced. , : C'lear Title to Seat Dismissal of the challenges gave Black a clear title to his seat insofar as present legal ac tion s are concerned. Levitt, however, predicted that , there may be others. "This fight will not be over " , if my petition is denied," he had said before the ruling. '- Neither the Kelly nor the Lev- - ' itt motions made any reference , ' to charges of Ku Klux Klan membership which furnished Me - basis for principal senate attacks on Black's appointment - and - caused a storm of controversy before he finally took his seat. To the charges Black said in a radio speech tp the nation that - he had joined the Ku Klux Klan 1. (Continued on Page Three) , : ROOSEVELT GIVES WIFE - WATCH FOR BIRTHDAY WASHINGTON, Oct. 11 ( The president gave Mrs. Room. velt a water-tight wrist watch to- 1 day for her 53rd birthday. ' Back in the White House after three months of being "off-the record," the first lady told her press conference she was quite amused when her husband chose f a watch she could "go swimming with." ' " ,:' - She said it followed her walls - and moans about ruininu! one that way this summer., a Only the family- was 'expected for her birthday dinner ,,tonight, which with the Boosevelts us ditionally means a cake with only 21 candles. , , , TODAY'S NEWS DIGEST Bon at Merrill blown up and mb. bed Sunday night. Page 5 - GENERAL Supreme court rejects petitione challenging Justice Huge Black's right to bold seat. Page 1. Nation's commercial potato growers approve acreage tion-benefit payment program by vote of nearly five to one. Page - Special committee recommends AFL convention give executive board authority to expel 10 CIO unions at any time. Lewis opens strategy meeting at Atlantic City, , Page 1. , J. D. ROBS Of Seattle appoint ed power administrator for Bon neville dam. Page 1. , IN THIS ISSUE City Briefs ........... 5 Comics and Story ....,,....Page Editorials 4 Family Doctor 4 High School Notes 5 Market, Financial News .Page 5 PTA Notes Page Sports 2 Veterans' News .....Page .;.iir,t :ii,......,, ,.,, .,''' ,,,..,...,,,,,,,.,,.."-----11-.-,,,,,',--1 l,',.. le , .... , It , ..-- c ,, t ,r . ,4 ,. ,,- 1' r , 6 Ca , , I, ' movAppk-r, 14 1 ,..0.. '.. ,,, , r ,' ' 1. ' - 1 -- ' offos..1) ,.J. P y 4A -, e( '".;A. , . ,. 41, - ,ArAAD I ' a, ,, , :, ,;) fli ; '' 1 . -'- l' '1' '. . , 4 -,..-- "; .. r "' f ' - , 4'! ,,, ,L, ; 3 1, ' 4' . 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''3; PPro !ONO the good things Oregon has to be thankful for (the .- ''' '3 ' 4. - 7- A ,-, X, . Anteing scason you know. ,,, . ., l' ,' ww, eVti,,, ( , giching) is the fact' that "4, ' 1 1, )a, ' 0 ' .' '-."' 4 1. '') k s, 1-4, 1 t , these trying recent years t, 1 ries H. Martin has been go!- Sace,tafs , ,. ; I :1 t 4 f .;, r. , e.v44., .see- '4,, IA .2 1 .ik.e. IVERNOR MARTIN doesn't a a ..- iTo ; e,, )1,, 1 4 believe that mer 4z I ely by palling :':' b ,;1 ''".' t ' . w or making a speech day ,,'IF ...1,, 4 ., , , be changed r 7 : ged to night or white 0 4 , hn ehnomnd In hinek JL TO SEAT iejected dent rug Ile 1 DO ed . UI ' g t ' , I to a. bY ea de e ' 1 - , I , T I i ' I ciii 1 lot. BOTI 3..Page 5 ,...Page - 4 '