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{ Cal iy North Dakota’s Oldest Newspaper ESTABLISHED 1873 Bismarck Cas SPAIN TO GIVE FORMER PRIME MINISTER ITS HIGHEST HONORS ; MANDAN DUE FLOOD [ Heads Wet Attack | Body of Don Miguel Primo SPECIAL TRAINS 10 TAKE CAGE FANS TO Rampaging Heart River Blocks Memorial Highway, but Not Training School Road TOURNEY SITE HIGH AND DRY McClelland Promises Ample Car Parking Space for North Dakota Sport Classic “Arrangements were being made to- day to take Bismarck fans by train to the state basketball tournament in Mandan Friday and Saturday. J. C. Gould, state high school bas- + ketball league official who is handling Mandan arrangements for the state classic, said this morning that flood- waters from the Heart river on the Bismarck-Mandan memorial highway had reached an even higher level than that of the first flood last month and that automobile traffic between the two cities apparently will be paralyz- ed over the week-end. Tourney Gymnasium High The state training school, where the tournament will be conducted, was “high and dry” this morning, how- ever. Excess water from the Heart has found its way to the lowlands be- tween Mandan and the Missouri river and left the city dry. Water has ris- en much faster south and east of Mandan than it has north and west, and, as a result, the road from Man- dan to the state training school is safe from being flooded. W. F. Mc- Clelland, superintendent of the state institution, even predicted that the school’s sprinkling wagons will be called out this week-end to settle dust on the road. Transportation from Mandan to Bismarck following the tournament programs apparently is the biggest problem facing managers of the meet, as it will be comparatively easy to get all of the fans to Mandan for the contests. Special trains to Bismarck follow- ing the Friday evening and Saturday evening doubleheaders and two from Bismarck ly before the semi-final atid games are being planned. i ~ ‘Those attending the Friday after- moon games may leave Bismarck on trains Nos. 3 and 7, which leave the Capital City at 11:10 a. m. and 2:55 Pp. m. respectively. Friday a switch engine returning to Mandan will leave here about 5 p. m. with several passenger coaches attached. Saturday Problem Biggest No regular trains leave here for Mandan Saturday morning in time for the semi-finals, Unless a special is arranged for the final games, Bis- marck fans will be forced to go to Mandan on either No. 3 or No. 7 Sat- urday. No regular trains leave Man- dan for the east following the eve- ning games and specials must be ar- ranged, Fields adjacent to the training school are drying rapidly, McClelland ample parking automobiles, pane _THE BISMARCK TRIBUNE Partly cloudy tonight, possibly rain or snow. Much colder We night. BISMARCK, NORTH DAKOTA, TUESDAY, MARCH 18, 1930 PRICE FIVE CENTS The Eighteenth Amendment was illegally ratified. That is County Lawyers’ Court that national in defiance of the Tenth Amend- ment of the Constitution, which safeguards the rights of states and individuals against “any expansion of federal powers.” MONTANA MURDERER MAINTAINS. HE DIDN'T KILL SECOND WOMAN 18-Year-Old, Confessed Killer of Aged. Woman, Waives " Gktrtidition~” Paso, Tex., Mar. 18.—(?)—Mel- vin W. Payette, 18, confessed slayer of Mrs. Christina Wilson, 62, wealthy Butte, Mont., widow, today was to be questioned further in an effort to im- Plicate him in the similar of Nora Kelly, 65, also of Butte. Following his confession yesterday to the slaying of Mrs. Wilson, the prisoner waived extradition. Montana officers carrying papers necessary for his return to that state, are en route to El Paso. Yesterday the youth stolidly denied any knowledge of the death of Nora Kelly. She was found dead, bound, gagged, and tied to a bed, in the Pan- ama hotel, April 19, 1929. Payette said he was in the Idaho state reformatory, serving a term for automobile theft at that time. Both slayings occurred in hotel rooms, Butte police officials. insist pale poking Payette’s name with both In confessing the Wilson killing, the youth said he slew the widow acci- Deportation, Woman Splashes Acid. what a special committee of the New York Association, headed by. former Supreme Court Justice Daniel F. Cohalan, above, has decided. They will argue be- fore the United States Supreme rohibition is de Rivera Brought Back Home From Paris | PARTISAN PRESS IS SILENT! Government Dignitaries, King’s | Repr- sentatives, Will At- tend Mass | | | Madrid, Mar. 18.—()—The body of Don Miguel Primo De Rivera was brought back to Spain today, enter- ing the country at Irun, the same frontier city through which so many of those he exiled when dictator left their homeland, and from which he himself departed just a month ago, discredited and cast aside. Friends and foe alike, their bitter- ness quenched at the bier, planned for him the highest honors the Span- ish monarchy accords to one not its sovereign. He will be buried with the military pomp of his rank of captain general. Partisan Press Silent Even a strongly partisan press to- day generally refrained from the bit- ter political comment against the for- mer dictator which filled its columns until his death Sunday forenoon in self-imposed exile in Paris. The funeral party arrived at Irun, as 8 a. m. and will remain until late this afternoon, The body will be re- moved from the train at the border city to a special chapel in the rail- way station ,where a mass service will be sung, departure for Madrid fol- lowing. The funeral train will arrive at the north station, Madrid, at 7 a. m. to- morrow‘morning. Another mass then will be sung inside the funeral car. Premier General Berenguer, other government dignitaries, represent- atives, clerics, and personal friends will be present. The funeral cortege will leave the train at 11 a. m. escorted by repre- sentatives of every branch of the army and navy carrying draped ban- ners. It will go directly to San Isidro cemetery where the body will be in- | terred in the family vault, next to that of his wife. ; UNIVERSITY OF ROME GRADUATE TAKEN ON ‘RIDE’ BY GANGSTERS Peter Bica Dragged From Sedan and Killed When Three Empty Guns Chicago, Mar. 18.—()—The scourge land—the “ride”"—added an- Into Eyes of Officer |¥ctim. 5 , Mar, today said they feared C. te i i i g2 i} E ‘ 3 Mahatma Casualties Continue in Carriage Borsad, Bombay, Indian, Mar. 18. —(AP)—There are three casualties the marc! 13 —)—| & On the day after the body of John (the Billiken) Rito was found floating i , Hi E i NYE PLACES MARKED | BIBLE AMONG BOOKS BRANDED SALACIOUS Frazier and Waterman Pore Over Classics as ‘Obscene’ Book Battle Flares CENSORSHIP IS DENOUNCED Smoot Into Senate as Example of What Might Result Washington, Mar. 18—(7)—A pile of imported books, some in fine and -costly bindings, others in flimsy paper covers, all condemned by Senator Smoot, of Utah, as salacious and ob- scene, was the center today of the senate’s daily tariff wrangle. The question at issue was whether the provisions of existing law giving custom officials discretionary power to prevent the importation of such volumes as they consider immoral are to be continued under the tariff bill. Senator Cutting, Republican, New Mexico, denouncing the present sit- uation as censorship, was leader of a vigorous campaign for the revocation of the authority now given the cus- toms officials. He had succeeded in rescinding this power when the tariff bil! was before the senate in commit- tee of the whole, and today sought te keep the senate from reversing its previous action. Smoot Leads ‘Pures’ Smoot, the chairman of the finance committee, in charge of the tariff bill, was the leader of the opposing camp. He had obtained the stack of books from the customs service and hailed it before the senate as a specific ex- ample of the literature he claims would pour into the country should the customs censorship be removed. A single concession was offered by the committee chairman, this an amendment to permit the secretary of the treasury, at of recognized or or scientific merit,” imported for non-' poses.’ = Senators Rush for Desk senators from both sides of the aisle gathered about it. Something less ‘of | than a dozen books were left when the cluster of senators dispersed. Senator Borah of Idaho, propped his feet up on his desk and read until he realized that he was the cause of considerable tittering in the galleries. He took his feet down and continued to read. There was a flurry when someone discovered a bible among the books on Watson’s desk, but it developed it had been planted there by Nye of North Dakota, with certain passages marked. Waterman of Colorado, and (Continued on page six) 200 MASSACRED I CHINABY RED HORDE Mar. 5 and communists, said delayed Chinese reports received here today, attacked and captured Faun, a town ear Kian- fu, central Kiangsi , massa creing all Faun officials and 2,000 men, women and children, early this month. Six Kentuckians Are Believed Partially Paralyzed by Ginger af 4 i i g i fi te i | | B i : zat F ‘ F gunman, after ing him with Introduces Literature | his discretion to “admit the so-called classics or books May Fair | te There’s plenty of sweetness at Sweet Briar College, as these “stare steps” to beauty show, The fair co-eds pictured here will reign on May Day. They: are, top to bottom: Ruth Hasson, May Queen, of Pittsburgh, Pa.; Jane Callison, Maid of Honor, of Lafayette, Ind.; Mercer Jackson, Garland Bearer, of Nashville, Tenn.; and Alice Patricia Jones, Scepter Bearer, of New York, ARMY SURGEON HELD Smoot’s secretary carried the pile of books into the senate chamber yesterday afternoon and stacked them up on the desk of Senator Watson, ; | the Republican leader. Immediately, INCONNECTION WITH POISONING HIS WIFE Major Charles A. Shepard Ar- rested When Girl Bares Certain Facts Denver, Colo, Mar. 18—(%)— Charged with fatally poisoning his wife, Major Charles A. Shepard, sur- geon at Fitzsimmons veterans’ hos- pital, was in jail today, following his arrest last night by federal officers hed fugitive warrant from Topeka, Mrs. Shepard died last June 15 at Fort Riley, Kan. Later, when reports that she had met foul play arose, an investigation was started. Her remains were disinterred and an autopsy per- formed. Toxicologists’ reports to army officers at Fort Riley said death re- rest @ girl with whom the army officer was friendly. While officials declined to disclose the girl's identity, they said she was “somewhere in the south” and they Shepard was given as one reason for the in- vestigation of Mrs. Shepard’s death. New Protection Law Adopted by Germany; Kaiser Could Return Berlin, Mar. 18—(#)—The Reich. vote of 265 to 150. The law supersedes the old defense law which went out of operation on July 22, 1929. Under the old law the former kaiser lorbidden to i ¥e¢ z ° 2 : 2 ri Ee Police Officials and Newspaper Men Eluded as Rack- \. ~ eteer Is Released ASSOCIATES TIGHT-LIPPED Chicagoan Is Thought Headed Homeward; Transportation Mode Is Problem Chicago, Mar. 18.—(#}—“Scarface” Al Capone today was “lost” in that fog of mystery that shrouds gang- mo activities. train, an airplane and an automobile. On one point all the rumors were agreed—that was that Capone was/| coming bac’: to Chicago where he/ achieved wealth and notoriety as the nation’s biggest gangster. Associates Admit Nothing How or when he would return was merely a matter of so muc conjec- ture. Capone's Chicago associat followed the usual gang custom of oo nothing and denying noth- ing. It seems obvious, however, that he | would not make a public display of his return. In the first place, there are enemy gangsters, reported anx- ious for the chance to avenge the deaths in their ranks attributed to Capone’s henchmen. In the second Place the police have indicated they will “treat Capone like any other hoodlum” and pick him up on sight. The most generally accepted report was that Capone was on the Broad- way Limited of the Pennsylvania system, accompanied hy Frank Cline, the bodyguard who served 10 months with his chief on charges of carrying guns, and others of his followers. ‘The train's schedule calls for arrival | in Chicago at 10 a. m. but it was con- sidered unlikely that Capone would | stay aboard that long, if he was on | the train at all. | ‘The chances that Capone would re- | turn by airplane were slim. The mu- nicipal airport said weather condi- tions made flying almost j last night and this Wilt Not Be Molested Although city police posted squads near the Capone home and at other Points where they thought the gang- ster might , federal authorities annouced they would not molest him at present. Capone is under $5,000 bond on a federal contempt of court citation which charges him with giving false affidavit. This action resulted from his affidavit last year that he was ill at his Miami é ST MORE BANKS IN ARST STOCK GROUP Cooperstown, Park River, South tes |are equally guilty of breaking the impossible | Light Vote AL CAPONE ‘SWALLOWED UP’ IN MYSTERY-SHROUDED GANGLAND PROPOSAL TOISSUE COURTHOUSE BONDS ~ OP LITTLE INTEREST. Classes Buyer with | Seller i | |only 878 Ballots Cast at Ten | | Precincts at 3 P. M. on $250,000 Project |LARGE MAJORITY IS NEEDED |Rural Districts Voting in Con- nection With the Regular Township Elections Bootleggers and buyers of liquor | ™arck cast a record vote of law. That is a part of the creed of the Woman’s National Committee for Law Enforcement which was placed before the House Judiciary Committee_in Washington by Mra Henry W. Peabody, above, of Bever- ly, Mass., president of the organ- ization. She led a group of 30 wom- en testifying pr eorge of the dry WS. 30 PASSENGERS ARE BELIEVED PERISHED AS STEAMER BURNS Bucaramanga, Berthed in Co. | ees — 95. lombia, Destroyed as Pe- troleum Cargo Goes | Bogota,--Golombia, Mar. 18.—(P)— | Burned ky flames which even water could not quench, the bodies of be- tween 20.and 30 passengers and crew of the river steamer Bucaramanga were sought in the Magdalena at _ ‘ada. gratin a heavier vote later this afternoon, it was generally agreed that the city and county vote would be considerably lighter than expected. The polls will open until 7 o'clock this however, and hundreds are expected to swarm to the ballot boxes during the evening meal hour. voting must if the Sixty per cent of those Proposal is to be sucdessful. H favor a new county Toure Thougi Third ward, second precinct (Rich-" ~ holt school)—107. | Pees ward (Bertsch's garage)— Fifth ward (Association of Com- merce)—68. eal ward, first precinct (fire hall) Sixth ward, second precinct (St | Mary’s school)—63. =" FLOOD WATERS KILL SHEEP NEAR MANDAN Heart River Gorge Inundates Lowlands on Dewitt Ranch, Trapping Sheep in Pens Dor: The Bucaranmanga, berthed at the Heart, Egeland and Jor- dan Firms Join Minneapolis, Mar. 18.—()—The increased its number of member units to 97 with acquisition of six more banks in North Dakota and Mon- ‘Three of the new members became the corporation through consolidation with other banks. The six, announced by P. J. Lee- man, president and general man- ager, are: Farmers and Merchants bank, Cooperstown, N. D., which has resources § i a i Fy g E : é ; ; i z B age i i i | Hi i e832 Hl B58. Ps so i E rt HF a Ih Ht [ i B é i | E i Hf [Fl fu FIRE te # E i i & g ; No Witnesses Called By Huckins’ Counsel i i ; ; il af Hi iB F 5 g il : ! l f E& rl ® & i i & i i i! i it x i ff i Hy F : [ 4 i i | has paid 26 to 52 per cent , i Secretary of State | Seeks Governorship | Huron, 8. D., Mar. 18.—(/)—Miss State Auditor Since 1921 Is/ sure Gladys Pyle, rvigeie tf state, gz a Third to Seek Republican agen _ today conti Normination i | E ape 3 i t i 5 : i | zB '