The Los Angeles Times from Los Angeles, California • 16

SATURDAY MORNING. AUGUST 22, II. BANANA CROP; HOME GROWN SAYS ACTOR MATE'S GROWLS UPSET HER Back Yard Supply MACK PAIR SETTLE ROW OVERGOODS Comedian and Wife Agree on Division and Divorce Will Be "Friendly One With a settlement out pf court of COUNTY BUDGET READY AT LAST Adoption of 88-Cent Rate Set for Monday Levy Same as Last Years to Go Into Effect Total Appropriations Fixed at $58,555,184 MONTANA'S WIFE WINS FREEDOM hen Drunh, Actors Face Too Ugly to fliscuss in Court, She Testifies Love works wonders, but it couldn't make the face of Bull Montana, actor and wrestler, look kind to his wife, Mrs. Mary Lois she testified in Superior Judge McComb's court, where she obtained a divorce' yesterday. This is not to be wondered at, since Montana has been rrfaking a living on the screen for.

some time by looking just as mean as he could. He frowns, scowls, grimaces, glares, glowers and squints. Sometimes he smiled, said Mrs. Montana, but that was nearly as bad. In addition, the plaintiff testified, Bull would occasionally get drunk and when intoxicated his face was just simply nothing a witness could discuss in open court, she said.

"And once, after making the most terrible faces," said the witness, "Mr. Montana began growling at me. It sounded so fearful that I had a nervous breakdown. And then he wouldn't let my mother come and see me when I was ill." Mrs. Rosalie Matthews corroborated her daughter's testimony as to that.

1 The couple were married September 21, 1929, and separated July 24, last. Before she was married Mrs. Montana was a screen actress. She said she was "less than half" as old as her facially talented husband. A property settlement was approved by the Attorney Emrys Davis represented the plaintiff.

Montana was not in court. i lw gvm ift tefc Wni- Pcv VmWil Ki ill -'-y. their property differences, prospects of a strongly contested divorce action between. Charles Mack, blackface and his wife, Mrs. Marion Mack, went glimmering yes terday.

Latest plans are that Mack may go to Reno to' establish a The announcement that a property agreement had Been reached between the couple as the aftermath of filing a secret di vorce petition in New York came yesterday from Attorney Milton Cohen. "After a long series of negotiations, Mr. and Mrs. Mack have reached a property agreement," said Cohen. "I am not at liberty to specify its terms." It was learned, however, that Mrs.

Mack will receive more than in real and personal property and cash. It is understood Mack will dismiss his New York action and file-either here or in Reno. At Filed in Painting Legal controversy over three oil paintings and a mahogany desk, cltdrned by Barney Oldfield, racing driver, J. M. Danziger, attorney, and Mrs.

Pearl Canfleld, former wife of an oil millionaire, took Xhe form of a. suit for declaratory relief, filed by Oldfield yesterday. Oldfield has a Judgment for against Danziger, but when he attached the paintings, Mrs. Can-field entered a third-party claim for them. Oldfield did not wish to post a $10,000 bond to secure the so permitted the release, and.

filed another suit in declaratory, relief, asking the court to decide' of the FINAL DECREE GIV EN JAMES KIRKWOOD James Kirkwood, film actor and director, now is completely divorced from Lila Lee, actress. The final decree was signed yesterday by the who obtained a decree by default. Miss Lee did not appear to contest the suit, in which Kirkwood said his wife deserted him. A property settlement gave him custody of 7-year-old son. Mrs.

R. O. De Groat Shows Fruit RELEASED ON PROBATION 1 Sportsmans Lengthy Fight for Leniency Won iSet'cn-Veor Parole Granted i by Judge O'Donnell Restoration of Civil Rights Hinted if Earned Concluding a two-year fight lor after his conviction on a rcharge of manslaughter for the slaying of his "best friend," Percival G. Watson, Owen R. Bird, once a Drominent California ath- lete, yesterday won leniency in Superior Judge O'Doh 1 1 court, and was released under seven years' probation.

Bird nearly two years ago Was convicted of 'manslaughter for shooting Watson 'flown in his home in November, 'S1S29. During the, trial Bird contended that he was merely trying to eject the man after an argument and that he pointed a gun at iim and fired, believing it to be loaded with blank cartridges. "The defendant appealed the conviction and won a new trial. Thereafter, the District Attorney petitioned and obtained a rehearing before the Supreme Court which af-nrmed the original conviction and cBird was remanded to the custody of the Sheriff. IsThe defendant then through his "attorney, John S.

Cooper, applied for probation before Judge O'Donnell. 'xIn granting the defendant's re-' lease Judge O'Donnell named only tthe usual restrictions imposed, ordering him to refrain from the use Of- intoxicating liquors and to conflict himself in such a manner that "his character cannot again be impeached. As a further inducement for Bird to live up to the conditions of pro-'batlon, Judge O'Donnell stated, after a part of the prooatlonary pc-rod has been served the matter may again be brought into court hd if a proper showing is made te will be permitted to enter a 'plea of not guilty to the charge and the probation terminated, placing he defendant in the position of river having been convicted of a felony. Justice Quest Almost Lands Man in Jail Henry Kennedy, real estate broker, who went to the City Hall in search of justice, came within the shadow of the County himself when, by the utterance of an injudicious remark, he aroused Ire of Superior Judge McComb. Kennedy interrupted, proceedings Judge McComb's court by asking the collection of his commis-iion on a rca deal.

He was by Judge McComb tna the matter was foreign to the court that he should consult an attorney. Kennedy continued to talk and when ordered to stop by ttie court uttered something about: "I thought this was a ourt of The intruder then turned and left the courtroom despite Judge Mc- Comb's order to come before the bar and had to be returned by the bailiff. He was then fined $200 and -sentenced to one day in Jail for of court. VIn ordering Bailiff Edmund Rob--Mts to take Kennedy to the Coun-ty. Jail Judge 'McComb indicated in case the prisoner showed of repentance he was to bring him back.

Within a few minutes back they came, and Kennedy apolo-'tired, was lectured and freed. JAnd some folks still persist that is blind." Judge McComo ttteclared. "Well, maybe so." A UTOIST NEAK DEATH AFTER CARS CRASH Pinned beneath his. automobile fwhen it turned over after colliding with another yesterday at West Sixth street and St. Andrews Place.

David C. Dunn, 57 years of age, 26C7 Dundee street received probable fatal injuries, the most 'serious being a crushed chest. at Georgia-street Hospital, was later removed to the Good 'Samaritan Hospital. Paul Stillwell, S5, of 641 North Windsor Boulc- jrard, driver of the other machine, ipscaped Injury. 'K rVfn -f- CSV.

Ready for Table PRIDE OF SEA GIVESTHRILL (Continued from First Page) went out to Postmaster-General Brown, one of. the 390 passengers on the liner. A vociferous crowd of several thousand welcomed the ships at company docks. Berth 153. The liner moved alongside without incident, save that its huge bulk snapped a heavy manila hawser, affording evidence that the President Hoover is the largest craft ever tied up in the inner harbor district.

OFFICIAL GREETING At noon official welcome to the ship was extended by Edgar F. Wilson at a special luncheon to distinguished Federal, State, county, up in the Inner Harbor district. Those seated at a large round table were Wilson, J. A. H.

Kerr, president. Los AnsclPS Chamber of Commerce; Merrlam, Dr. Howard W. Seager, collector of customs; Charles H. Randall, president of the City Council; Rear-Admiral Henry H.

Hough, commanding the navy's Base Force here: John F. Craig, president, Long Beach Harbor Commission; H. M. Lorbcer. secretary of the Dollar Steamship Lines; Rear-Admiral Wat T.

Cluverlus. chief of staff, United States Fleet; Ralph Chandler, president, Los Angeles Steamship Association; Capt. Fred E. Anderson, master of the ship; Walter B. Allen, president, Los Angeles Board of Harbor Commissioners; M.

J. Buckley, traffic manager, Dollar Line; W. H. Hamilton, San Francisco collector of customs; Representative Evans, H. F.

Alexander, former coastwise shipping magnate; A. F. Haines, vice-president American Mail Lines; James N. Hyde, chairman of Council Harbor Committee; Chairman Wright of the Board of Supervisors; Admiral Jehu Valentine Chase, commander-in-chief. United States naval forces afloat, and Mayor Porter, completine the circle to wil.

son's fight. There were several hun dred other prominent Southland guests. From 3 to 5 p.m., the ship was thrown open to inspection by special invitation only. At noon today there will be a luncheon for Hollywood's motion-picture colony, from 3 to 5 o'clock Japanese and Chinese of Los Angeles will Inspect the ship, and there will be an invitational dinner tonight. The Hoover sails at 3 p.m.

Sunday tor San Francisco and the Orient. MAYOR DECLINES BREAKFAST INVITATION Mayor Torter declined the hospitable invitation to breakfast yesterday morning aboard the liner President Hoover and revealed new shyness toward members of the Fourth Estate, "No, thanks." said the Mayor to Edgar F. Wilson, Dollar general agent, "I've had breakfast." 'Pressed to "have a cup of coffee anyway," the municipal executive reiterated the refusal with: "Thanks Just the sumc, but they" indicating a group of fifteen newspaper men to whom the invitation also was extended, "might write me up." At which a decided mlle spread over the faces of ship-news reporters to whom the extreme arid-ness of Dollar ships had never before been challenged. THE LANCER 1 i MARIE BREHM WILL UPHELD Cdurt Says Woman's Wishet Should Be Respected Decision Denies Appeal of Elizabeth Forth Money Goes to Presbyterian Missionary Work The wishes of' Marie C. Brehm, deceased lecturer and officer of the Presbytery of Los Angeles, as to the distribution of a portion of her estate among religious concern should be respected, Division One, District Court of Appeal, held yesterday.

The mere, fact that in draftinf her will and in. designating the several beneficiaries she used the namt by which the corporation legatet was ordinarily "and commonly described rather than true, or official name of the legatee can- not defeat the wishes of. the testatrix in that regard, the court said. Elizabeth C. Forth contested the will She attacked particularly that part of the will providing that one portion of the estate should be so divided that some money should be devoted to mission worfc for Mexicans in the Los Angelea Presbytery and additional sums given to the Woman's Board of National Missions and the Board of World, Missions.

The will was upheld by the Pres- bytery of Los Angeles, the Board of Foreign Missions of the Presbyterian Church in thee United State of America and the Woman's Board of Home Missions of the Presbyterian Church in the United States oi America. Justice Houser wrote the opinion. Presiding Justice Conrey and Justice York concurred. COUNCIL TAKES STEP FOR SETBACK LINES Resolutions of intention for the establishment of setback lines in seven streets were adopted yesterday by the City Council. They ara in Rossmore avenue between Melrose avenue and Wilshire Boulevard, in Queen Anne Place between Olympic Boulevard and Twelfth street, in Sawtelle Boulevard between Exposition Boulevard -and Charnock Road, in Hollywood Boulevard between Ogden Drive- and Fairfax avenue, in Barrlngton avenue between Barrlngton Court and Montana avenue, in Beverly Boulevard between Wilton Place and June street, and in Normandie avenue between Sunset Boulevard and Wilshire Boulevard.

to :J0.m. to Mlintfht to I.JOf.m. Midnight 4:10 i.a. .25 25 .63 any joint desired. Los Angeles county's budget for the fiscal year 1831-1933, carrying appropriations amounting to ap proximately $58,555,184, which wiil permit a tax rate of 88 cents on each $100 of assessed valuation, the same as last year, will be adopted according to a statement late yesterday from Chairman Wright of the Board of Supervisors.

The amount is $898,441.28 less than for 1930-1931. Public hearings on the budget, which began on the 11th inst ended yesterday at 3 p.m. No one ap peared yesterday to protest. ACTION PUT OFF It had been decided by the board Thursday to adopt the budget im mediately after the close of the hearings. The total figures, however, were not available, so Monday was fixed as the time.

The tax rate of 88 cents has practically been fixed by an agreement between the Supervisors. Its offi cial adoption must take place before the first Monday in September. As the day is a holiday, the Supervisors will probably act September 5, the Saturday preceding. For several months tJi? Supervi sors have been striving to slash re quests from departmental heads amounting to $62,492,772. Hundreds of taxpayers and civic organizations appeared with appeals to lower the rate.

MILLIONS LOPPED OFF Approximately $3,937,588 was lopped off the tentative figures. This was done by systematically going through all departments and making cuts. Practically all new construction work was eliminated. This included the new mechanical ouild-ing with an estimated cost of a new health center at Re-dondo, costing $50,000. and a new-grand stand at the county fair with an estimated cost of $240,000.

Thn, too, practically all requests for additional help were denied, which keeps the annual pay roll near where it was" last year. Some appropriations as set up In the budget may be reconsidered today, among them those for the All-Year Club, cut from $500,000 to $250,000, and the county motor patrol, which, if turned over to the State, will eliminate an appropriation Of $240,000. Golden State's Influence Seen in New Dances The Dancing Masters of America, brought their forty-eighth annual convention to a close last night with a grand ball at the Biltmore. Thomas M. Sheehy of Chicago, president, described the Los Angeles gathering as one of the organization's most successful meetings.

Sheehy said the California influence will be noticeable in the new dances, with two creations of Ernest E. Ryan, the Olympic waltz and the Callente fox trot, expected to be responsible for a considerable part of the California aspect. Radio Company Owners Jailed E. R. McDonald, 36 years of age, and his wife, Mrs.

Dorothy McDonald, 31, operators of the Andrew's Radio Company at 1056 Venice Boulevard, were arrested last night on a complaint issued by the Southwestern Mutual Investment Company charging them with grand theft in connection with the financing of their radio business, according t. police reports. McDonald was arrested at the Venice Boulevard address, and Mrs. McDonald was found at 209 West Eighteenth street, where the couple had been living. D.

M. Souden, special investigator for the investment company, said an investigation of the affairs of the radio company indicated the Investment company had been defrauded out of more than $8000. The Southwestern Mutual Investment Company had been handling part-time payment contracts for the McDonalds. Souden said. Wanted Negro Returned Here Wanted as a suspect In connection with the robbery of the Security First National Bank In Montrose on July 17.

last. Thomas L. Hearst, Negro, 33 years of age, yesterday was returned here from Seattle by Deputy Sheriff Claxton. Hearst was arrested by Seattle authorities on information furnished them by Capt Stcnsland of the Sheriff's office. Approximately $800 was taken in the bank robbery.

iW PL iiMi ii iwiimwm i 7 kMmiMMBtffiVMw, Mrs. Mary Lois Montana Reputation Safe for Oregon Man L. E. Hodges is known in Eugene, as one of that town's most resourceful real estate brokers. But when he was asked recently by a client to negotiate the exchange of an eighty-acre ranch, near Walport, for a Southern California property, the order almost cost him his reputation for resourcefulness.

Hodges admitted in a letter received yesterday. He faced the problem of locating prospects 1500. miles away. However, as a result of advertising the exchange in Times Classified Ads. Hodges writes that he is still being pointed out in Eugene as "the fellow they can't stump." So many replies were received from the advertisement, he states, that it will take a month to catch up with the correspondence.

EXAMPLES Prom Alftltf 4'10i m.le To luto.m. Avilon .40 Yoscmite l.oo Snu Barbar .60 The operator Soutiieiln on are They are are at or is ready You you lift forest speeds to Service your 1 1 lie tneyre vacation and vou BROWN VISIONS HOOVERVICTOR (Continued from First Page) $150,000,000. This was the statement made yesterday by Postmaster-General of the United States, Walter F. Brown, in an address before delegates tNt heofmanrneling.world delegates to the National Rural Letter Carriers' Association convention. In the past the country's revenues have been enough to support the postal and other government departments, Brown said.

Like everyone else, however, he added, Uncle Sam also feels the depression. When Congress has lots of money a postal deficit is not such a vastly important matter, he told his Now, however. Congress finds itself in the position of having to choose between the building of hospitals, roads, public buildings nd similar government works, and che alternative of paying part of the postal bill, he said. Brown said Congress will ask the people to pay their own postal bills. He reminded his audience that either wage reductions or a higher rate is the solution for the problem.

Voicing an optimistic outlook for members ol the postofSce division, Brown asserted that postal carriers are better off than workers in almost every other industry. Certainty of employment, salary and no reductions were cited as advan tageous features. Brown's assur ance to the rural carriers that the consolidation of rural routes will in no instance deprive a letter man of his Job was met by the delegates with loud applause. Concluding his remarks, Brown gave the carriers the personal greet ings cl President Hoover. As a token of appreciation for his visit to the convention, Brown was presented with a basket of California flowers.

The presentation was made by Mrs. A. R. Dickinson of Corona. Yestcrdaj's session of the mral carriers wa? the last of a four-day meeting.

Officers for the new term were elected for both the association its woman's auxiliary. A unanimous vote was given for Baltimore as the site for the 1932 convention. All the officers and members of the executive committee were unanimouslj re-elected. These are W. G.

Armstrong, president. Nlles, C. vice-president, Brumflcld. Clifton J. Brown, secretary, Franklin, and J.

Ed Cooper, treasurer. Elwood, 111. Members of the executive committee are H. V. Turner.

E. W. Smlser and Carl Bauer Ned Goodcll, past president, made the installation. Election of officers for the ladies auxiliary resulted In Mrs. Ned H.

Goodcll of Edlnboro, Pa replacing Mrs. W. G. Armstrong, wife of the national president, as the new leader. Mrs.

E. Job of Texhoma, was elected vice-president. Mrs. N. J.

Heinen of Farmlngton, was re-elected secretary. The position of treasurer was won by Mrs. J. Olive of Wade. N.

C. Executive committee members are Mrs. Tmmet Ross, Mrs. William Karr, and Mrs. R.

Hctherington. ANGELUS TEMPLr TO STAGE ORATORIO Commencing Tuesday evening and running for five consecutive nights. oratorio. "The Iron Furnace," composed by Almee Semple Mc Pherson of Angclus Temple, will be presented with a cast of 430 persons at the Echo Park edifice. Mrs.

Mcpherson has been working on the composition for year. It is divided into five parts and tells the Biblical story of the tribes or Israel and the advent of Christ. that passed through both lungs as he was attacked and beaten over the head while titling In his car with the young woman. All but unconscious from his beating, Chew fired blindly at the bandits and hit Mcllargue. Chew also received treatment at the hospital.

Everett Duckett, 24, of 704'i East Fifth street, and Joe Lundy, 28, of 140 North Flower street, were arretted shortly after the shooting and booked on suspicion of robbery Mrs. Rrserva identified them with the hold-up. She told police her companions had persuaded hrr to art as a decoy after she had told them of a larire diamond ring and a fat roll of bill carried by the Chlnwe, holdin Yes the? have whole bunch of them and they are ripe too! The large banana plant growing in the back yard of the R. G. De Groat home at 1069 Rosalind avenue came into its own last week when a cluster of fruit turned yellow and ripened.

The tree is sheltered in a corner of the houff and gets the full aft ernoon sun This is thought to be the cause of the fruit reaching maturity, accotding to the owners, who declare it the only ripe bunch of bananas, native grown, they have ever ieen. i "Rather nice of the tree to make I a contribution In these hard times," said Mrs. De Groat yesterday as she prepared to pick some of the fruit for the evening meal. RETURN OF GIFT LAND DEMANDED (Continued from First Page) Barnsdall home, contends that it Is without authority to return the gilt and that there is nothing in the deed indicating the donation was contingent on any agreement witH the park board. Bcardlsey.

in his. letter declares In his demand that the deed to the home was an integral part of the deal with the park board. Supt. Hoyt of the playground department yesterday Informed Beardsley that the power to abrogate the deal lies with the City Council. COL.

L. F. SMITH TAKEN BY DEATH (Continued from First Page) by the National Defense Magazine to making a speaking tour advocating national defense. This brought him to California. Since 1920 he has been a member of the military and naval committee of the Los Anaeles Chamber of Commerce.

Col. Smith was 48 years of age. and a native of Ohio. His father was a Methodist minister and is still living at Moorland, O. Col.

Smith was graduated from Ohio Wesleyan University after which he took up his work in psychiatry. Col. Smith leaves his widow, a daughter Frances, 17 years of age, and a son, Wesley, 10. The family home is at 209 South' Enclnllas street, Alhambra. DOCTOR TO STl'DY ABROAD Dr.

S. L. Weinberg of 914 South Alvarado street left yesterday for Vienna where he expects to spend eighteen months in advanced study. He has been a practicing physician here since 1928. the grocery mil nr hwv for tarlrty.

COHN FLAKES 1 1 oven-fresh. Delightful for any meal. With away in the country. You home. Yet any part of hundreds thousands of miles of wire to bring their voices to you.

decide to join them. Again the receiver. Over mountain, and valley your voice them. to otherplaces is a part of telephone's usefulness to you. a flavor and crispness imitations never equal.

Wise buyers make sure of getting, genuine KelloggV Corn Flakes by placing SUSPECT BADLY WOUNDED IN DECOY THEFT ATTEMPT OP STATION-TO-STATION INITIAL RATES: the name Kellogg! on MM 4Ji CORN Mldnlihtio Midnight .25 .95 .50 .30 .25 Prom LoVAaitltt To Lake Arrowhead CoroniJo Tiboe .45 .25 .0 .40 2.J0 1.25 Walter Mcllargue. 24 yeoxa of age, is near death at Georgia-street Receiving Hospital from wound received early yesterday In the attempted "decoy hold-up" of the Chinese chauffeur of Bernlce Van Oelder, opera singer. Police, are reeking a fifth member of the gang following the arrest of MclUigue and three companions. Mrs. Inez Reserva, 20.

of 811 South Carondclet street, was taken Into custody while aiding ner wounded sweetheart. She had acted as a decoy In the robbery and had lured the Chinese chauffeur to her home, where her accomplice waited in ambush, police Hated. George Chew, the oriental, dipixd MrHargne with a bullet will jlidlj furnish you with Mtei to (Continued from Flmt Page) making them foci the superiority of the white man. We have Invited them into, the front parlor. Japanese.

Chinese, Siamese they ire a mart, forehanded people with a genius for trade, for commerce, for the more Intensive operations of elate finance. We have Invited them Into the world at time when the world Is being gradually molded Into phae that thry knew belter than do we, it1, i California Telephone "Company.