The Evening herald. (Klamath Falls, Or.) 1906-1942, October 11, 1937, Page 1, Image 1

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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
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Day s News
1 ....,,er: imaS,Mat ld 1
4317- . 1 M
-
w , - ' J. I ',4,"e -
LJ. e''' Vt4;- k ,
By FRANK JENKINS ,',', t.1 ., ? i )1 -t-tea-, 4- '
r' 4 6 r, r
., ,..0:,?''oc Ii' III 2. ' ' ' ' 4' .. P.'f'''.' f'''' 6:1 :;'. 1 ' ''''' - '''. ''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
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IVERNOR MARTIN doesn't a a
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believe that mer 4z I
ely by palling :':' b ,;1 ''".' t
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w or making a speech day
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ged to night or white 0 4 ,
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