The Bismarck Tribune Newspaper, May 22, 1929, Page 1

a | +f & ay NORTH DAKOTA'S OLDEST NEWSPAPER ESTABLISHED 1873 PROJECT INJUNCTION Charged Government Seeking to Acquire Private Property LANDED ON DESERT IN DARK Without Legal Right FOLLOWS CONGRESS FIGHT Say Missouri Property Values Worth $15,000,000 Will Be Irreparably Hurt ' — St. Louis, May 22—(#—Federal Judge Charles B. Davis today denied an application for an injunction against the government to prevent receiving of bids and awarding of PLANE BECOMES FIERY COMET DENIED LAND OWNER Engine Goes Dead, Craft Takes Fire, Pilot Lands Huge i ‘Back from Dead’ ‘ ° THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, WEDNESDAY, MAY 22, 1929 | STOCK MARKET BOOM COLLAPSES SUDDENLY MISSISSIPPI FLOODS |9CHEAT DEATH AS TRANSPORT |‘WiIST BE ANOTHER {DISTINCTION BETWEEN LAW OF JOKE,’ AVERS GENE | BOOKS AND SOCIAL WILL ASKED WHEN TOD OF Sl Difference in “Normal in ‘Normal Laws’ and ‘Governmental Com- Flaming Firebrand Passengers and Pilots Safely Leave Hulk as Liner Is Totally Destroyed Elko, Nev. May 22.—()—Seven airplane passengers and two pilots came through a spectacular accident without serious injury near here early today when a big westbound Bocing air mail transport caught fire in midair, made @ forced landing and burned in its tracks. 5 ay contracts for construction of $44,- 000,000 flood contro! project in Mis- sissippi and New Madrid counties in The tri-motored plane carrying mail and passengers to San Francisco was but a few minutes out of Elko when the left motor failed. Flames Missouri. The court action came only an hour before the time set for tone contracts at Memphis, The restraining order was sought by John A. Bird, a land owner in the affected area, and it was denied in a brief memorandum handed down. by Judge Davis in which he expressed no opinion on the merits of the case. He had heard arguments yesterday. Counsel hein Bird rasvot sary Be government in carrying out n to build a Heri flood control spill- way is seeking to acquire private paaheis la arent due process of law or compensa‘ ‘The suit followed recent efforts by the Missouri delegation in congress to have President Hoover direct delay in awarding contracts for the project, which is a major part of the $325,000,- 000 flood control program adopted Jast year by congress. ‘The Missouri congressmen said w less the program was halted prop: erty values estimated between $1: 000,000 and $15,800,000 would be reparably damaged in the district. GOVERNMENT TO SUSPEND LETTING OF DYKE AWARDS “Missouri wins -its.fight for delay,” the Missouri senator announced. after the conference. “The Jadwin plan for this construction was wrong from an eng! and economical stand- point. If the Jadwin plan had Presented the actual cost of the rele it would not have been ap- FARMERS TBE TO BENEFIT BY RATE REDUCTION(“= Washington, aie pas (#) — Repre- sentative Andresen, }» Mine today he had been advised by the interstate commerce | cenotaph. y | War Veterans Incensed as Riot- === /RETURNBY MONDAY OR LOSE YOUR JOB. spouted from the dead engine and ignited the left wing. The transport was about 2,000 feet in the air and landing on the desert without lights was a matter of much guesswork. Chief Pilot Hugh Barker pointed the plane downward at a sharp angle and it dived toward the earth like a huge firebrand. Barker made a smooth landing under the circum- stances. Abe Warner, assistant pilot, had the cabin door open before the blazing Plane came to a stop and the pas- sengers ears to safety on the ground. e transport was too far gone by that time to attempt extin- guishing the flames. Boeing officials said the plane and everything aboard it was a total loss but that none of the passengers had been injured. ‘What caused the left motor to stop ‘was not determined. - ROTTEN FRUIT PELTS AUSTRALIAN ACTORS ing Students Steal Wreaths off Cenotaph y |next. two days. lormers with rotten fruit, howled m the vice-chancellor of the uni- versity and threw fire-crackers at the president of the undergraduates’ sociation, who tried to restore order. was an jumped into the pit to himself on cne of the off Other actors refused to go on the The students then paraded streets. One croup stopped at the cenoteph to the war dead and re- ice finally broke up the procession, up Returned soldiers are particularly aa a aaa alta ve fll FES: Eh a Fi jel -{Lions ub and. ladies left here this: the| P' Melvin Anderson's death certificate was filled out the other day in a hos- pital in Kansas City, Mo., and his parents made arrangements to bury him, They were selecting a lot in a cemetery when'a messenger from the hospital found them and told the couple it was all a mistake. It was another boy who died, and the cer- tificate had been wrongly filled out. Melvin, 5, is recovering now. CARAVAN OR LIONS GO TO MINOT WITH STUNTING TROUPE Carry Marching Outfits, Miss Bismarck, Indian School Girls and Dancers — The main portion of the Bismarck ternoon for Minot, to participate in the district conference there the The club members assembled at the Grand Pacific and set out in # fleet of member car: Tomorrow mdrning the American Legion drum corps will leave here by bus for Minot, to head the Bis- marck delegation in the noon parade Thursday. There will be at least 20 members of the corps. Miss Bismarck—Rosalind Brown d the eight MacIntyre dancers, with the Slater girls from the Indian school in charge of C. B. Dickinson, the superintendent, left with today’s noonday caravai W. S. Ayers, resident-clect, had gone on al in the early morning to reach Minot ahead of the others and arrange for headquarter rooms at the Leland- Parker hotel. All the Lions carry purple and gold felt hats, white duck coats and trousers and purple and gold badges in their baggage. Also neaey. walk- ing sticks. The women took purple and gold turbans. These will be worn at Minot and will give the Bis- marek Ties a. distinct appearance in the parade. Miss Bismarck, with a fleecy white fairy costume, also will be in in the car with Presi- Mrs. Strauss. ce eb | in conducting the Strauss campai, for the district ppverperaie ‘he election is Fri-. The MacIntyre dancers also will emphasize the cffort of the Bis- warek hagas to obtain the district They ee to ap in one ne dice ‘tonight with their bi lettered to spell” the = of this city’s candidate. ENDURANCE FLYERS START FOURTH DAY Fort Worth, Texas, May 22.—(AP) Gay entered: the fourth day et thelr entered ige 11:33 cial jaloft way hour flight by refueling cstablished by army the trtcomecplane ‘| Know Absolutely Nothing of Report,’ Former Heavy- weight Champ Says LAUDERS DISCUSSED CASE Tunney’s Attorney Reveals Affi- davit of Mrs. Fogarty Dis- claiming Relations Brioni, Italy, May 22.—7)—Gene Tunney, former world’s heavyweight champion, thinks the suit of Mrs. Katherine King Fogarty, divorced wife of a Fort Worth plumber, for $500,000 for alleged breach of promise | .. to marry ‘must be another joke.” The one-time pugilist, when in- formed that steps toward litigation’ had been taken in Connecticut, said: “I know absolutely nothing of the report. No! It must be another joke. When I am sued I let my attorneys worry. I have all the wor- ries I can handie right now here.” The present worries, although un- explained, were presumed to be a reference to the recuperation of his wife, the formerly Polly Lauder, after an operation for appendicitis. She has been progressing favorably. New York, May 22—()—Unquali- fied denials of the claims of Mrs. Katherine King Fogarty, who sceks $500,000 from Gene Tunney, have been made in behalf of the retired heavy- weight champion and the Lauder family. The complaint in which Mrs. Fo- garty charges Tunney broke his Promise to marry her was in the hands of Deputy Sheriff Michael F. | Ryan of Stamford, Conn., today for filing in court at Bridgeport, Conn. Ryan has placed an attachment on the 90-acre estate which Tunney owns near North Stamford, and searched bank records in Stamford for any ac- counts the former heavyweight cham- Pion might have there. Floyd E. Barbour, secretary to Mrs. George H. Lauder, mother of Mrs. Polly Lauder Tunney, said: 1 Lauders Deny Claim f “The matter of Mrs. Fogarty was discussed at length by the Lauder family before the marriage. It was decided there was nothing to the claim.” Tunney’s attorney, George W. Whiteside, issued this statement: “Numerous threats of this kind have been made in the past by this woman, culminating in very insistent demands on her part and threats of damaging publicity immediately before Tunney’s last fight for the heavyweight cham- pionship. “At that time a very thorough in- vestigation of her claims was made and they were found to be without d| the slightest merit. Publishes Affidavit “Neither she nor her claim can at this time be dignified by further com- ment on my part, other than to pub- lish the following affidavit by her in the presence of her lawyer on July 24, two days before the championship fight: “‘Katherine King Fogarty, being duly sworn, deposes and says: I made the acquaintance of John (Gene) Tunney in Hot Springs in October, 1924. Our relations at all times there- after were such as in no way to cast the slightest criticism or discredit ‘She | UPon him. “‘T have no claim upon him of any kind and never did have. I had hoped to continue to enjoy his friendship, but that no longer scems possible for elther of us. ‘Under No Obligation’ “In the past I have said things | about him to my lawyers that I now posal regret, and should my name ver be used with or without my knowiedee in the future in any way to reflect in the slightest manner upon him I wish to make this solemn declaration under oath that may be published at any time: that he ‘s Hegel no obligation whatsoever to me and never was, and that his char- ae ae condnet to my knowledge A er in her complaint ce that five days after she ob- tained her divorce in 1925 from John sustained! Week’s Weather Was Favorable for Work, aihbe z i Hil an | live- to good g mandments’ Requested CRIME BOARD GETS LETTER Richard Washburn Child Re- grets Statements of Both Wets and Drys New York, May 22.—()—Richard Washburn Child, author, diplomat and acting chairman of the national crime commission, made public today @ letter to George W. Wickersham, chairman of President Hoover's new national law enforcement commission in which he expressed his personal opinion that distinction should be made between “normal laws” ‘governmental commandments.’ ‘I reiterate my belief,” he wrote, ‘that a distinction should be made between law of the books and social will as it is found in fact. I do not say the eighteenth amendment and its resulting congressional command- ments cannot be enforced. If the ardent drys sec a burglar entering the home of his friend and neigh- bor he telephones to police; if he sees a bootlegger centering the house of his friend and neighbor he may tele- phone the police, but it is generally recognized that in such case he would be considered a cad. “It is regrettable that wets have emphasized ‘personal liberty.’ It is equally regrettable that others have emphasized that no individual has the right to choose which laws he should obey. The distinction cach emphasizes serves only to obscure the question which appears to be the first that your commission should consider, {. ¢., is social will in the sense of community and human thought and practice subservient to statutory law or superior to it?” SUGGEST DEBENTURE House 'to Vote by Connect- ing With Tariff Washington, May 2: mined if possible to force a direct vote in the house on the export debenture proposition, senate conferees on the farm bill today suggested to the house conference group the debenture plan be offered as an amendment to the tariff measure under such procedure as to necessitate a record ballot. ‘This proposal was made at another meeting of the conference committee and was advanced in view of insist- ence by the house group that the senate must agree to eliminate the debenture plan before any progress can be made toward getting other differences adjusted. ‘The house never has voted directly on the debenture proposition and the senate conferees contend such a vote should be taken as a result of the plan having won approval by the senate, Senate conferees in submitting their new proposal for a house vote on the plan suggested Representative Garner of Texas, the Democratic leader, move to send the tariff bill back to the ways and means committee with in- structions to iaclude the debenture proposition. This motion would ne- cessitate a record vote. Advised of this suggestion, Garner said he would consult his Democratic colleagues on the proposal before de- ciding. Should the senate suggestion be fol- lowed a delay until about June 5 in final approval of the farm bill doubt- If the decision to Jess would result. offer the debenture proposition as an amendment were reached, conference group probably would de- fer work pending an outcome of the house vote. Governor Shafer to valedictorian tatorian respectively of Glen Ullin’s graduating class this year. and | TARIFF AMENDMENT Senate Determined to Force )—Deter- the farm Speak at Glen Ullin Ping’ George F. Shafer will it address to of Glen Ullin | | *Finds Buyer for || 20-Year-Old Car Hawthorne, Nev., May 22.—(%)— After a 20 year wait Martin Chiato- o i | ACTION! Flying Guvereenen Pic- tures Crash Three Miles Above Earth vich has found a buyer for his auto- mobile. He received a letter from the Smithsonian Institution Washington, offering him $1,500 for his 1906 Pope- Hartford touring car, including the bucket seats. In accepting the offer Chiatovich said the car runs as good now as it did 15 years ago, but it burns toc much gasoline. CHICAGO DETECTIVE, KIDNAPERS’ ENEMY, SHOT DEAD "DEAD FIGHTIN | Assassins Kill the Man Who Charged Jack McGurn With Valentine Day Massacre Chicago, May 2: () — Detective Sergt. Joseph Sullivan, a member of the squad tracking a band of kid- napers who slew Police Scrgt. Ray Martin a week ago, and the man who signed the complaint charging “Ma- chine Gun” Jack McGurn with the massacre of seven gangsters three months ago, was shot to death on a west side street today. Two bullets had entered his head and back. His face was bruised and —— and his coat was covered with asphalt dust from the newly paved street. Evidence that he grap- pled and matched fists with his kill- ers. - For several days, the detective squad of Lieut. William Cusack, of which Sullivan was a member, has been seeking the slayer of Serg' Martin, who was shot down by ex; tortionists as he placed a decoy pack- age for the ransom of Philip Blum« thal, who had been kidnaped and was later released. Sullivan's body apparently was placed in the front scat of his car after the struggle in the street and the fatal shooting. He was 28 years ol¢, single, and the son of a police- man. BURLEIGH COUNTY T0 GRADUATE 7 SENIORS Be Held in County Schools May 30 and 31 With only seven seniors in Bur- leigh county high schools outside of Bismarck, Sterling and Driscoll high This remarkable picture, taken by a flying NEA Service photographer just an instant before the crash, shows how a quick parachute jump saved the life of Lieutenant A. F. Solter, above, after his plane collided with that of Lieutenant E. L. Meadows at an altitude of 15,000 feet over Colum- bus, O., during recent army air man- euvers. and 2 in the above group) among three plans of the Blue army about to swoop down and “attack”! three planes of the Red army, shown below, when their planes collided. Al- though burned by ignited gasoline! Solter leaped in his parachute and! escaped with slight injuries. Meadows Commencement Programs Will | {slaying of Julius Schuch and his two 30, it was announced today by Miss Madge Runcy, county superintendent of schools. The seven scniors are Veronica Bailey, Mildred Johnson, and John Leese, Sterling. and Myrtle Christen- sen, Omar Rosvold, Vivian Shaffer, and Doris Tice, Driscoll. Dates definitely settled for com- follow: Baldwin eighth grade, Tuesday, May 28. Rev. G. W. Stewart, pastor of the First Presbyterian church at Mandan, will be the commencement speaker. Lincoln eighth grade, Wednesday, May 31. The commencement Lag gram is arranged as the fit me ing of the year for the Parent-Teach- er association. Sterling ‘igh school, Thursday, lay 30. Driscoll high school, Thursday, May 30. Wing cighth grade, Friday. May 31. E. P. Crain, of the state department of public instruction, will deliver the commencement address. Regan cighth grade, Saturday, June 1. E. P. Crain will deliver the com- mencement address at Regan also. Miss Runey will present the diplomas at many of the commence- ment exercises in the county. American Legion Will Hold Meeting Tonight, Record attendance at the meeting of Lloyd Spetz Post No. 1, Ameri Legion, was forecast for tonij ra by ALL. Fossencn, ost commande! “The boys out in full force for tonight's meeting in order to get full information relative mt our plans for the memo: com- mune building campaign, son y of the boys already are on the rf and we expect, through our organization of block workers, to acquaint every voter in the city with ig facts of tl Rs: Sy to help m od bigger Bismarck” The Legion is planning 2 special maptia ge hl lay iit schools are making ready for com-jCounty Attorney H. H. Sturner and mencement programs Thursday, May |General W. F. Rhinow, head of the mencement exercises in the county |General Rhinow said, vacillated from {and back to admissions again. n!river. The Euphrates river has risen eee ey t === 15,000 FEET whe. Meadows and Solter (Nos. 1 were was killed in his plane. WASEGA SLAYINGS’ MYSTERY CLOUDED | Suspect Confesses, Repudiates, and Again Confesses Butch- ering Minnesota Family ‘Waseca, Minn., May 22.—7)—A confession, repudiation of it and then another confession served today to complicate the investigation of the children near here last Saturday with Solution of the mystery apparently still clouded. Grilled for six hours after his ar- rest late Monday, Joe Naymaster, who said he lived at Hopkins, Minn., told state bureau of criminal identifica- tion, he had killed the trio. A few hours later he denied it only to fol- low a few minutes later with a new admission. Taken to the Schuch farm home where the father and his two chil- dren, Eda, 11, and Ernest, 9, were killed with a hammer, Naymaster, issions to “I don't remember.” Hours of questioning, General Rhinow said, showed the man had considerable knowledge of arrange- ment of furniture in the Schuch home. He also dimly recalled a struggle, General Rhinow said, but variance of his answers led author- ities to doubt the credibility of his The Weather Cloudy tonight and Thursday. Cooler tonight, probably frost. PRICE FIVE CENTS LEADING INDUSTRIAL, RAIL SHARES, CRASH TONEW LOW MARKS’ t ls Wall Street’s Response to‘ Increase of 5 to 6 per Cent Rediscount Rates DROP $5 TO $18 PER SHARE Total Sales Fall Short of Five Million Sha Ticker Is 33 Minutes Late New York, May 22.—(?)—A drastic reaction in stock prices, which wiped out several hundred million dollars in stock market quoted values, was Wall Street's response today to the an- nouncement that the federal reserve council approved an increase from 5 to 6 per cent in rediscount rates in a further effort to reduce the volume of brokers’ borrowings. Scores of leading industrial and railroad stocks crashed $5 to $18 a share, many of them to new low records for the year, in one of the greatest liquidating movements in recent stock market history. Total sales fell just short of 5,000,- 000 shares, with the ticker 33 minutes late in reporting the final quotation. Some of the largest losses were as follows: Allied chemical $18 a share, Sparks Withington $15.25, Baldwin ; Locomotive $15, St. Louis Southwest- ern railroad $12.25, General Electric and Commercial Solvents $12, Wool- worth $8.50, Wright Aeronautical $8.12):, Chesapeake & Ohio $7.50, Packard Motors and Union Pacific $7.25 and New York Central $7. Chrysler Nash Fall Twg score issues, including General Motors, Chrysler and Nash, into new low ground for the year. The decline was checked around midday when specu- lators for the advance endeavored to rally the oil shares on the announce- ment that President Hoover had called a conference of western gover- nors to consider oil conservation plans. The public apparently was not in a buying mood, and the attempt was quickly abandoned after a num- ber of issues had been lifted $1 to $3 Trade and business news continued favorable. The weekly steel trade re- views pointed out that steel produc- tion and consumption were being maintained at high levels. Further increases were announced in the price of Crude Oil. Motor Stocks Sold Prospects that the keen compeli- tion in the automobile industry would be reflected in the second quarter earnings of the motor stocks some rather heavy selling into that group. General Motors, Chrysler, Nash and Graham-Paige all sank to new low levels for the year, the losses ranging from $1 to $5 # share. General Electric, which recently was heavily bought on the prospect of a 4 to 1 stock split-up or a distri- bution of its radio holdings, broke nearly $11 a share. Allied Chemical dropped $9, and Goodyear Rubber, United Aircraft, Burroughs Adding Machine, Westinghouse Electric, Packard Motors, American and For- eign Power, Curtiss Aeroplane, Dela- ware & Hudson, Warner Brothers Pictures, Commercial Credit and Fed- eral Mining and Smelting Racing id to $8 a share. Case Threshing ad. vanced $425 to $3.70 and then plunged to $350, a new low record for the year, and $159 a share below the year's high. United States steel cominen dropped nearly $5 a share to HORTON SMITH WINS admissions. oe Funeral services for the victims were held today. Nearly 1,500 per- sons crowded the little Catholic church for the services, while a thousand more congregated outside as a solemn high mass was chanted. A score of deputy sheriffs were scat- tered through the church to circum- vent any possible emergency. Naymaster was held in the county jail pending further questioning. TOURNEY IN FRANCE Young Joplin, Mo., Professional Celebrates 21st Birthday With Victory St. Cloud. Seance, Mby. 22.. 1 BAGDAD PERILED BY TIGRIS FLOOD London, May 22) dispatch from Basra, Irak. to today’s Day Mail said the city of Bagdad was imperiled by floods on the Tigris also and many deaths and wide- j 2 ae 38 F. f ge ; Moll Jury Disagrees After 7-Hour Session Jurors in the Burleigh count; trict court cave in white Prank Mol, i ie ait Ses ie E Fj HHH