anaheim-gazette 1924-12-25

VOLUME LV LAW MAKING MILL WILL SOON BE GRINDING CALIFORNIA LEGISLATURE TO BEGIN WORK ON MONDAY, JANUARY 5. Assemblyman S. C. Hartranft Leaves for Sacramento with High Hopes—Expects Re-Apportionment Bill to Pass Giving Orange County a Senator—Advocates Protective Measure for Santa Ana River. It is generally conceded that members of legislative bodies, out of a zealous regard for the welfare of their constituents or an over-weening ambition to make records for themselves, enact too many laws. Some of them are wholly unnecessary, and occasionally one creeps through that is harmful or actually vicious. However, at the coming session of the California legislature many things FRED SCHNEIDER WINS IN BIG DAMAGE SUIT Jury Declares He Was Not Guilty of Assaulting Newspaper Man Denying that he had any knowledge of an asserted attack upon C. W. Ormiston, Los Angeles newspaper solicitor who claimed to have been brutally assaulted at the home of the defendant in Anaheim, Fred Schneider, won a jury verdict at the trial of a $100,000 damage suit in Superloor Judge F. C. Drumm's court. The Hartford Accident Insurance Company, having paid an award of $2794.90 made to Ormiston by the state industrial accident commission, filed suit for $100,000 damages against Schneider, asking that its payment to Ormiston be deducted from the sum and the balance be given to Ormiston. The latter claimed that when he made a call at the Schneider home, 226 Claudina street, November 22, 1822, he had been set upon and beaten by Schneider so badly that the sight of one eye was lost and removal of the eye was necessary. Schneider had previously denied any knowledge of the encounter and he stuck to this denial at the trial. The jury decided the case in his favor, and allowing him costs of suit. Attorneys: Clyde Bishop and George L. Greer represented the plaintiff, At- It is generally conceded that members of legislative bodies, out of a zealous regard for the welfare of their constituents or an over-weening ambition to make records for themselves, enact too many laws. Some of them are wholly unnecessary, and occasionally one creeps through that is harmful or actually vicious. However, at the coming session of the California legislature many things of vast importance to the Southland will be considered, and, it is hoped, will receive favorable action. Among other things, reapportionment of the state on just and equitable lines will be undertaken. The Southern members are preparing to make a fight for a redistricting the state, and the North will wage a desperate battle against it, it is expected. Rapid growth of the Southern counties has swelled the population out of all proportion to the basis of representation, while most of the Northern counties have practically stood still, or gained very little. Under the present division the North controls both the senate and assembly, and the heavily populated South must submit to the dictates of the thinly populated North. This is a shining example of the tail wagging the dog. Relative to what it is hoped to accomplish at this session, Assemblyman-elect S. C. Hartranft, on leaving for Sacramento Monday, said: "From a standpoint of state-wide interest, education problems probably will be the most important to come before the session of the legislature which convenes Monday, January 5, but in importance to Orange county the outstanding problems will be the flood protection of the Santa Ana river and amendments to the game laws. "An entire revision of the school curricula is planned, and every indication points to a long drawn out battle over the various problems to be solved. "An effort will also be made by this section to obtain an appropriation for a survey of the Santa Ana river with a view to reforestation and flood protection. In this effort Orange county will receive the support of Riverside and San Bernardino counties. It is probable that a year-to-year appropriation of $250,000 for the work will be asked of the state, and the counties expect to add materially to this sum." Attorneys: Clyde Bishop and George L. Greer represented the plaintiff, Attorney Leonard Evans of Anaheim appearing for Schneider. MOSLEY VS MYERS Exasperated by the aspersions hurled by Rev. Leon Myers at county officials and others who fail to agree with him on the Ku Klux Klan, C. N. Mosley, deputy district attorney, made the following statement: "I have strictly adhered to a determination to remain out of newspaper controversies, believing that, right or wrong, no ultimate good could result to the public in general, and, to my mind the public is to be considered first, personal feelings afterwards. "Already you know something of the injury to at least a portion of our people as a result of the ranting blather of the Rev. Myers and a few more of his kind. Whole communities have had their trust and confidence in each other changed; peace, quiet and brotherly love have turned to hate, distrust and suspicion. Especially is this true in and around the community in which Mr. Myers lives. "I have fought saloons and the liquor traffic since 15 years of age and, to my knowledge, this is the first accusation of my having changed from this attitude. "Every charge he makes against my self is a deliberate falsehood, except one. And that is that I am a coward. I confess that if his manner of conduct is his standard of bravery, and if it be a correct one, then I fall into the other class. "If Myers will come to the courthouse and go with me to Judge R. Y. Williams and get the complete record and facts regarding each matter he rants about, I'll prove to him that he is a deliberate falsifier. "Since the banishment of the saloon I have been convinced that the persistent traffic in liquor is the greatest menace to our public life and to our government, and in our community lo..." "An effort will also be made by this section to obtain an appropriation for a survey of the Santa Ana river with a view to reforestation and flood protection. In this effort Orange county will receive the support of Riverside and San Bernardino counties. It is probable that a year-to-year appropriation of $20,000 for the work will be asked of the state, and the counties expect to add materially to this sum. Another important question to be decided will be that of a recreational district which will include Los Angeles Orange, Riverside and San Bernardino counties, with a view to the establishment of a vast playground and game preserve which will extend from the mountains to the sea. This matter was discussed at a recent meeting of the Los Angeles planning commission and representatives of the other counties. The perennial problem of reapportionment will also come up again this year, and I believe with some chance of favorable action being taken. There seems to be a general sentiment that the time is ripe for action and some form of measure may be put through this year. It is probable that Orange county will seek, under any reapportionment measure, a senator to represent the county alone. Whether or not it would mean any additional members of the assembly for the county is not certain at this time. "It appears probable that Hon. Frank E. Merriam of Long Beach will again be named speaker of the assembly, though some opposition has developed against him in the north, it is reported. However, I understand Mr. Merriam has enough votes pledged to assure his reelection as speaker in case all of his pledges hold, and there is little doubt that they will." Movie actresses probably have a lot more sense than they would have you believe." On Earth Peace, Good Will Toward Men Today is the most exalted day of the 365 days on the Christian calendar. This is the birthday of our Lord, and all Christian peoples hold it sacred and observe it with a spirit of reverence. Nineteen hundred and twenty-four years ago today the angel appeared to the shepherds on the plains of Bethlehem, proclaiming peace on earth, good will toward men. "For unto you is born this day, in the city of David a Savior, which is Christ, the Lord." On this day people of all Christian nations though they may differ in their manner of worship, eat of each other's bread and salt, as an expression of esteem. On this day people of the Christian faith exchange gifts in order to promote brotherly love and strengthen friendships. This Christmas morning, when all the world is singing "Glory to God in the Highest," finds peace and good will at a low ebb in unhappy Anaheim. For months past distrust, suspicion, strife plary citizens, but they belong to an order which through its actions in other sections of Uncle Sam's domain, has proven itself an outrage on law-abiding, loyal humanity. Wherever the Ku Klux Klan has gained a commanding foothold there is bitter and relentless strife. Newspapers have told of the outrages in bloody Williamson county, Illinois, at Niles, Ohio, in certain sections of Pennsylvania, in Morehouse Parish, Louisiana, and at various other places. Even the Christmas spirit is not potent enough to persuade men to forget these outrages, and forgive a society guilty of such deeds. Today all denominational differences are forgotten among Christian people. Catholics and Protestants alike are looking toward the Star of Bethlehem for guidance to the better world. They may differ in their church government, but all agree that the infant which lay in the manger at Bethlehem nineteen hundred and twenty-four though they may differ in their manner of worship, eat of each other's bread and salt, as an expression of team. On this day people of the Christian faith exchange gifts in order to promote brotherly love and strengthen friendships. This Christmas morning, when all the world is singing "Glory to God in the Highest," finds peace and good will at a low ebb in unhappy Anaheim. For months past distrust, suspicion, strife and hatred have been rife in our midst. Today we may camouflage our bitterness with a veneer of good will, but the jorousness that should be ours is tempered by the knowledge that tomorrow the strife will break forth and rage again. On former Christmas days all Anaheim laid aside the cares of life and held the day sacred. Dividing lines between denominations were rubbed out, peace and good will pervaded the town, and causes of dispute were forgotten. Today we may greet our fellowman with a smile and the extended hand of friendship, but we do it with hesitation, because dustrust and suspicion are in the minds of all of us. A secret, underground society, patterned after the Nihilists of benighted Russia, is in our midst, and arrogates to itself the right to punish and persecute men who offend it, or against whom they have an imaginary grievance. The Christmas spirit will have little weight with men who voluntarily bind themselves to an organization which advocates tar and feathers as a weapon with which to punish men and women against whom constituted authority has no complaint. The Christmas spirit is not potent enough to wholly sponge away the resentment of fair-minded, God-loving citizens against such a mis-conceived and mis-born aggregation, but it may cause them to remember the mandate of the angel who nineteen hundred and twenty-four years ago today announced to the shephards in the fields of Bethlehem the birth of the Savior and declared peace on earth and good will toward men, and impel them to lay aside their animosity for the day. All members of the Ku Klux Klan in Anaheim may follow the straight pathway of good citizenship in their daily walk. We know that the four Klan members of the city council are exem- spirit is not potent enough to persuade men to forget these outrages, and forgive a society guilty of such deeds. Today all denominational differences are forgotten among Christian people. Catholics and Protestants alike are looking toward the Star of Bethlehem for guidance to the better world. They may differ in their church government, but all agree that the infant which lay in the manger at Bethlehem nineteen hundred and twenty-four years ago was the Savior of mankind, and all follow his teachings. In the protestant churches today you will hear them singing the anthem "Glory to God in the Highest! On Earth Peace, Good Will Toward Men." In the Catholic churches you will hear the same thing, and after services are over the people of all denominations will clasp hands and wish each other a Merry Christmas. But there is an inharmonious element that casts a shadow over the brightness of the day. Ku Klux Klan, dominant in the city because of the short-sightedness of its Christian people, is waging relentless warfare on the Catholics because they worship in accordance with the traditions of their church. This narrow and un-Christian attitude is resented by broadminded people of all denominations, who can see no difference in conscientious Christians whether they worship the Babe of Bethlehem in the Catholic Methodist, the Episcopal, the Lutheran, the Presbyterian, the Christian, or any other church. These denominations may differ in their mode, but they worship the same God, and it is not likely that He will ask what church they belonged to when they seek admission to the gates of heaven. But today let us forget that intolerance, suspicion, hate and strife are rampant in our midst. Tomorrow we may brighten up the tomahawk and renew the fight against the dictates of an Imperial Wizard and battle for a government of the people, for the people, and by the people, recognizing all citizens as equal and having inalienable right to worship Christ in whatever church they choose. Let tomorrow bring forth what it will, but today let us declare a truce, forget our animosities and repeat with Tiny Tim, "A Merry Christmas to us all, God bless us, every one." WHEATLEY IS BOUND OVER AFTER HEARING Loser in the first engagement of a court battle resulting from the filing of a forgery charge against him, Chas. B. Wheatley is awaiting trial in the superior court, having been held to answer by Justice K. E. Morrison at the conclusion of his preliminary hearing Thursday. The first effective blow struck by the state in preliminary proceedings was delivered just before the prosecution rested its case following the noon recess. Two witnesses introduced as hand writing experts expressed the opinion that the forged endorsement on a $5322 county warrant, which basis of charges against Wheatley, was the same as admitted specimens of his handwriting found on checks and "telegraph copy" of the newspaper with which Wheatley war formerly connected as telegraph editor. Harry L. Hansen, local bank official, and Deputy Sheriff Herman Zabel, finger print and check expert at the sheriff's office, were the witnesses. Zabel was particularly positive in his identification, so noticeably positive that defense counsel Clyde Bishop, when given permission to cross-examine, declined with the remark, half in humor and half in sarcasm; "Did you say you saw Wheatley actually sign this warrant, Zabel?" Bishop, at the close of the hearing expressed satisfaction and confidence, remarking that the prosecution could probably find a dozen other experts who would swear the handwriting was the same—while he could get an equal number of experts who would swear it was not. The prosecution was equally confident and satisfied with the outcome of the hearing. In addressing the court, Chief Deputy District Attorney C. N. Mozley declared that, in his opinion, enough evidence had been produced not only to warrant holding the defendant for trial, but to actually convict him. The defense Thursday was brief, Bishop contenting himself with brief questioning of two witnesses, County Auditor W. C. Jerome and Miss Jerome, deputy in the auditor's office. The question referred to routine work of the auditor's office. Wheatleys' ball was allowed to stand as previously posted, the sum being $2500 cash. BARTHELMESS FILM LAID AT WEST POINT Historic School Forms Background of Dick's New Picture "Classmates" West Point which forms the background of Richard Barthelmess' new production, "Classmates," coming to the California Theatre for today Thursday, has been the training school of many famous men, ranging all the way from Grant and Lee to Pershing. Among the other West Pointers whose names are bywords in American history, were such famous men as Cooke and Custer o'the Indian wars, Jefferson Davis, Burnsides, McClellan, Meade, Sheridan, Sherman, Beauregard, Bragg, Early and Longstreet of the Civil War and Lawton, Otis and Wheeler of the Spanish War. Other West Pointers were Edgar Allan Poe and James McNeill Whistler, Goethals, the builder of the Panama Canal, was a West Pointer too. Probably no single institution of learning in the world can point to such an illustrious list of distinguished men. In playing the cadet hero of "Classmates' Barthelmess is further realizing his wish to portray various phases of American life. Actually it would be impossible to play a more completely American boy. In "Classmates" Dick appears as a poor lad of the North Carolina mountains who wins an appointment to West Point and develops to manhood under its fine traditions. The action also leads into the South American jungles, where some thrilling scenes were staged. Madge Evans is Dick's leading woman in this First National release. GREAT TURKEY HAUL BY GANG OF THIEVES Many Birds Ready for the Christmas Trade are Stolen from the Berghofer Ranch Fifty-nine turkeys, a part of a flock of 125 were stolen from the Berghofer ranch, two miles south-west of town on Saturday evening about six o'clock while the family were at dinner. The birds were housed in a field some distance from the residence, and were guarded by Mr. Berghofer, who slept with a rifle and shot gun within easy reach. A large watch dog was constantly kept on guard in the turkey corral. While the family were at the evening meal thieves came and made away with the pick of the flock: It is thought they must have fed the dog, for they passed through two gates without molestation from him. The loss was not discovered until Sunday morning although Mr. Berghofer re- HEMMI IS GUILTY AS CHARGED IN INDICTMENT WILL BE HANDED HIS SENTENCE ON MONDAY, DECEMBER 29 Testimony of J. R. Abernathy Clinched the Evidence Against Him—Knew the Money Was Part of the Loot According to His Accuser—Wheeler Also Doomed Because of Abernathy's Confession, It is Believed—Is Now Under Arrest. J. U. Memmi, Torrance lawyer, convicted by a jury in Federal Judge James's court on a charge of receiving money stolen from the mails, will be sentenced the 29th inst. He was released until that time under $15,000 bond. Hemmi was indicted after federal officers found buried in his back yard $5,500 of the $25,000 stolen from a registered package last December at Amheim. Hemmi lead the officers to the GRAND JURY COMMITTEES NAMED BY FOREMAN Committees appointed by L. G. Swales, foreman of the county grand jury, have commenced their task of inspecting the books, buildings, highways and other public property scheduled for annual examination. Foreman Swales announced that any complaints or other matter to be laid before the grand jury will be heard each Tuesday at 10 a.m. in the committee's headquarters, which are in the hall of records. The following committees have been announced. Board of Supervisors—Alfred Leech, Mrs. E. McDonald, A. G. Miller, Miriam S. Porter. County Superintendent of Schools, Auditor and Treasurer—George Briggs, Walter Cook. Tax Collector, Clerk, Assessor, Recorder, District Attorney—W. Hoxie, Mabel Morrow. Coroner, Sheriff, Public Administrator—John Adams, William Knuth. Roads, Bridges, Public Buildings, School Buildings—Mrs. A. Stanley, A. F. Mills, J. T. Hill, Mrs. F. Pyle. Cities, Justices of Peace—Charles Ward, Mrs. F. Fletcher, Mrs. E. Warren, Mrs. E. McCord. WALNUT MEN LEARN THINNING WILL PAY (By H. E. Wahlberg, County Horticultural Agent) The walnut harvest season has closed. The crop is in and the growers J. U. Memmi, Torrance lawyer, convicted by a jury in Federal Judge James's court on a charge of receiving money stolen from the mails, will be sentenced the 29th inst. He was released until that time under $15,000 bond. Hemimi was indicted after federal officers found buried in his back yard $5,500 of the $25,000 stolen from a registered package last December at Anaheim. Hemimi lead the officers to the money and told them it had been given to him for safe keeping by Joseph It Abernathy who said it represented the commission of a real estate transaction. Testifying against Hemimi last week, Abernathy, former superintendent of schools at Anaheim, said that after he was arrested for complicity in the theft he told Hemimi the $5,500 was part of the stolen money. Abernathy was convicted on a conspiracy charge last summer and was sentenced to serve 5 years at Leavenworth. J. Floyd Findlay, driver of the mail truck, pleaded guilty and was sentenced to serve ten months in the Orange County jail. Charles R. Wheeler; formerly in charge of the registry division of the Anaheim postoffice was acquitted. When Abernathy was returned from the Leavenworth prison to testify in the Hemini trial, he admitted his guilt and implicated both Hemimi and Wheeler. The latter was arrested on a bench warrant, and last Friday was indicted on a charge of receiving money stolen from the mails. It was no surprise to the people that Abernathy, who made a determined fight against conviction, finally decided to unseal his lips and tell the truth. Wheeler, one of his confederates, equally guilty with Abernathy, was acquitted at the trial, and Findlay, the other member of the trio, was released from jail after only ten month's incarceration. Judge Hemimi also implicated because he had received and concealed a portion of the stolen loot, was in a fair way of being acquitted because of his vehement declaration that Abernathy had lied to him when the money was placed in his hands. Brooding over these points in solitary confinement, Abernathy finally concluded that it was unjust that he alone should be severely punished when all were equally guilty. The confession may not lighten his sentence but it places Wheeler and Hemimi behind the bars. WALNUT MEN LEARN THINNING WILL PAY (By H. E. Wahlberg, County Horticultural Agent) The walnut harvest season has closed. The crop is in and the growers are now giving thought to next year's problems. This year has brought home more emphatically than ever the fallacy of close planting in the walnut groves. Records are coming in from the packing houses each week showing a consistent decrease in the production of walnut groves that are planted 40x49 feet or closer, particularly where they have reached the age of twenty years or more. A typical instance is that of a grove twenty-five years old located in the midst of the walnut growing section of the county which produced less than ten tons during the 1920 season as compared with over 24 tons in 1918, or 37 per cent of the 1918 crop. A recent survey conducted by the county agricultural agent in Orange county revealed that 413 groves, aggregating 4,833 acres, are faced with this same condition to a greater or less extent. If 250 pounds less were credited to each acre of the closely planted groves, and this is an utra-conservative figure it has been estimated that the loss to the walnut growers of Orange county is 500,000, a minimum estimate. Several growers are beginning to appreciate the loss which they have faced during the last few seasons and are now taking steps to correct the excessive shading caused by close planting. Full evidence of this is being demonstrated by several growers in the vicinity of Santa Ana, Tustin, Anaheim and La Habra. From 25 to 50 per cent of the trees are being either gradually or totally removed by the growers. It seems about equally hard to reduce flesh and expenses.