The Bismarck Tribune Newspaper, October 13, 1930, Page 1

i \ ‘ A j ‘ t Brazilian Rebels Claim ) SIN APPEAL BY TWO North Dakota’s Oldest Newspaper ESTABLISHED 1873 THE BISMARCK TRIBUNE BISMARCK, NORTH DAKO'I'A, MONDAY, OCTOBER 13, 1930 The Weather Pair tonight and Tuesday. Slightly warmer Tuesday, PRICE FIVE CENTS Supreme Court Refuses to Pass on Jones Law VAD ATAXD [Fascist MEN FROM MISSOURI Challenge Prohibition Statute on Ground That It Is Un- constitutional CLAIM TRIAL JUDGE ERRED Delegation of Discretion to Trial Judge Held Not in Accord With Basic Law Washington, Oct. 13.—(4)—The su- preme court today refused to pass on the constitutionality of the Jones law, providing heavy maximum penalties for prohibition violations. The validity of the law wus chal- lenged by Hugh McElvogue and Wil- liam J. Brown, who had been con- victed of violating the dry laws at St. Joseph, Mo. The men were charged in the in- dictment with selling a small guan- tity of whiskey. McElvogue was sen- properly present the issue of consti- tutionality. ‘The question canbe brought before the court again since the refusal to review today did not mean that the court is‘ unwilling to pass upon the constitutionality of the statute. FAITHFUL DOG SAVES INFANT CHILD'S LIFE Stands Guard Over Runaway Girl; Attracts Help by Frenzied Barking Hammond, Ind., Oct. 13.—(?)—Rose Marie, exercising the prerogative ot modern youth, had to have her night out. In view of her extreme youth it was fortunate that Rose Marie 5 3 Ha 5 z g 5 i j today. Girl Is Killed on | Eve of Her Wedding | —— ee friday night, was buried today in a private mausoleum near Arlington national cemetery. s President and Mrs. Hooevt sent a wreath to be placed.on their fellow Californien’s crypt. * | weapons. Husker Champion ] WALTER OLSON When the national corn-husking contest opens at Topeka, Kan., No. 14, Walter Olson of Rio, Ill., shown here, will be out to defend the title of America’s champion husker which he has held for the past two years En- tries from the corn belt will attempt to lower the national mark set in 1925 by Elmer Williams of Illinois. He ,| husked 35.8 bushels of corn in 80 minutes. CAPONE CONTINUES TO ELUDE POLICE Noted Gangster Remains at Lib- erty Despite Snares Set for Him by ‘Law’ yesterday, but it was not entirely a lost effort. Twerfty-nine men and women were arrested and among them were three some-bodies of the gang business—William (Three-Fin- gered Jack) White, George “ (Red) Barker and Claude Maddox. White and Barker are “public enemies.” Maddox has been hunted for many weeks for joning. in connection with the mi of Alfred (Jake) Lingle, Tribune reporter. Pat Roche, special investigator for the state's attorney, led the raid, which was directed against the West- ern hotel which was to be the hideout of Capone. ~ He is hunted on a vagrancy warrant, the same as ‘were sworn out for all 28 of the men When pol proached the automobile in which tell |they were seated. White poked a pis- tol in their faces, weapon only when he realized he was being approached by “the law.” Ser- geant Louis Caparelli recovered the weapon and stuck it in his pocket, not realizing it was loaded. The weapon was discharged in his pocket. but the bullet struck no one. Another pistol was found on the the seat of the automobile. which was parked near the Western hotel. Barker and White were at Uberty on bonds following their, arrest on the vagrancy warrants.“ Maddox was de- scribed by police as the former oper- ator of a gang hangout &nown as “The Circus” in which the pict for the gang massacre of Valentine's day, 1929, was hatched. f Vending Machines | Sell German Beer Berlin, Oct. 13.—()—Drop a coin in the slot and have a glass of beer. There are drink-vending machines at subway and elevated stands. A paper cupful costs 20 pfennings. Science and Religion Clash; Preacher Is Placed in Missouri Jail as Result day as one result of a clash between | the science and religion. The prisoner, the Rev. W W. Woodson, 50, proclaiming the ena of} The same appeal was rejected. how- the world was at hand, defied medi- cal science in the form of a city-wide infantile. paralysis quarantine yes- terday in conducting prayer services with a “surrendered band.” He was taken from the pulpit to the county jail building, wherein Bonnie Jean Schnapp, 8-year-old daughter of Sheriff O. 8. Schvapp aied Saturday of infantile paraisis The services went on in private last night at the church parsonage. io Worth. Tex, [from “Temple, Tex. =— Rioting Marks Opening of Reichstag WICKERSHAM URGES FLOGGING IN WAR AGAINST RACKETEERS Recommends Inquiry Into vue fits of ‘the Cat’ in Message to Prison Body SAYS SOCIETY IS AT WAR Modern Criminals Held ‘Fear- less Men’ Whose Methods Surpass Police Defense Louisville, Ky., Oct. 13.—(@)—The American Prison association confer- ence today had before it a suggestion from George W. Wickersham. ’chair- man of President Hoover's law en- forcement commission that “a careful inquiry into the results of flogging og “Flogging by birch or by ‘the cat’” was discussed by Mr. Wickersham in ‘an address which he had written out which was read to the conference in his absence, by E. R. Cass, New general chairman of the SRN ERENT f Fine Old Wine Aids \ Spanish Celebration | ott ices haalt cho EM London, Oct. 13.—(#)—From ‘south- ern Spain has come a cask of 1894 sherry to help the Spanish club of London celebrate Columbus day. The Prince of Wales and other guests re- ceived one glass each and in the toast to the Prince it was recalled that Columbus took bottles of sherries and sack on his voyage: WORLD SERVICE T0 GET INFORMATION POR U.S, FARMER Farm Board Establishing Agen- cies to Gather Production- Consumption Data Washington, Oct. 13.—(P)—The Mr. Wickersham saw a state of ai tual warfare in the United States be- tween organized society and “rebels against its authority.” Modern crime, he said, is conducted by “fearless men”. whose spectacular | methods were superior to the defence of the police forces. “We pride ourselves upon the suc- cesses of democracy,” Mr. Wicker- sham said. “Yet crime is rampant before us tales of increasing lawless- ness.” “Very slowly we are coming . to realize,” he added, “that something to make good citizens: ‘That all the threatened punishments legislative imagination -pan-devise will not-com- pef_ rebellious human natures to abide by rules of conduct that run counter to their wishes, their tastes, théeir needs, Pad their prejudices. Something more is. necessary.” ° Quoting an old Greek saying that, “it is more important to form good habits than to frame good laws,” Mr. ickeraham said preverition through education of the young and enlight- ened treatment of the young is the best remedy against crime. 4-H POULTRY SHOW JOINED WITH CORN) #2532 ‘Club Members to Bring in Two} Carl Williams, tHe representative of cotton growers on the board is con- fident that within two or three years the forel;:) agricultural information service will be able to give exact fig- ures on conditions everywhere. jand every daily newspaper spreads| from more than legislative fiat is neecssary | to farmer will get for cotton over an average period <f vears. “When the farmers know that, they will know for themselves whether they want to grow cotton or don’t. “The farm board’s job is to help the farmers not only now but at all times, That means we, in co- Birds Out of A. of C. Egg Hatchings payment. wo birls from each club mem- in the contest are to be z ever, by the pastor when representa- tive Lozier, acting as a friend, inter- viewed him at the jail. “The world is coming to an end.” the prisoner said,” and 2 must pre- pare my flock. I cannot cease my meetings unti} released by the Lord” Mr. Woodson. said to be a protege of the Rev. J. Frank Norris tiery fundamentalist. wil) | Pfeme court today , | tive. J. Barnard Gibbs, ly with the crop , has been to the Danube hese LC. C. Ruling Upheld By Highest Tribunal Washington, Oct. 13.--()—The su- sustained the con- tention of the interstate commerce Jurisdic- furisdiction inelt only when they had rman City Aids j Love’s Young Dream | o—-. ° Hanover, Germany, Oct. 13.—(7)— wi Duluth, Oct. 13.—()—An inquest was to be held here today into the death Saturday night of Mrs. Mary (McMillan, 66, killed when struck by an automobile driven by John Mosi- | nak, Duluth. Mrs. McMillan’s death increased the number of motor fa- tilities in Duluth this year to 18. AMERICAN PAINTER DIES Paris, Oct. 13--(#)—Alexander Har- came ito this city three years ago rison, of Philadelphia, noted Ame- fean painter, died here today after a long illness. He was 67 years old. 4 ———— ie Seeks New Record 4 Valley Stream, N. Y., Oct. 13.—(2) —Mrs. Keith Miller, British aviatrix, took off from: Curtiss field at 6:30 a.m. (E. 8. T.) today for a flight to Los Angeles in an effort to lower the women’s transcontinental record re- cently establish’ by Miss Laura In- eng fos planned to roo first Pp gt Indianapolis and stop over- Kens. “ . Miller arrived at the field with Captain ‘William Lancaster, who came to see her off at 6:05 a. m., and rushed. preparations for her take-off, She flew a small low-wing mono- plane and had less than 100 gallons of fuel in the tanks. Mrs. Miller is so small she had to have several cushions arranged be- hind her to enable her to reach the rudder bar and controls. A package of sandwiches was put into the plane for lunch. Weather reports! indicated good flying conditions all the way to Wichita, with high ceiling and good visibility over the Alleghenies, most difficult section for flying on_ the eastern end of the route. 3 Mrs. Miller, with Captain Lancas- ter, made the first flight from Lon- don to Australia in 1927. ‘ BANKER SAYS U. §. THINKING CLEARLY Wealth-Producing Power of Na- tion Unhurt; ‘Artificial Res- piration’ Not Needed New Orleans, Oct. 13—()—Trow- bridge Calloway, New York, president of the Investment Bankers’ Associ- ation of America, told the associ- ation’s. members in convention here today that business does not need artificial respiration as the wealth- producing power of the country has not been hurt essentially. President “While ‘speculation has its proper and independent function in our ece- nomic life, after all, the back log of prosperity is the savings and sound investments of the people. Throug! ortuguese Woman “| Is Married at 90.) PO hl stl ah Lisbon, Portugal, * Oct. 13.—(>)— Feliciana Maria de -Lus, 90 and wealthy. is a bride. She married An- tonio Monteire Felipe. a medica) stu- dent and brought him a dosry of $2,000,000. ——~ WINDOWS OF BERLIN SHOPS ARE SMASHED BY GERMAN ROWDIES Demonstration Occurs in Shad- ow of Parliamentary Build- ing as Lawmakers Meet ‘HAIL HITLER’ IS RALLY CRY Firing of Pistols in Air Lends Wild West Touch to Polit- ical Disturbance Berlin, Oct. 13.—(#)—Troops of Fascist rioters, storming through down-town Berlin, smashing shop windows and firing pistols into the air, turned the opening of Germany's new Reichstag today into a wild reign of anti-Jewish Rowdyism. The violence of the Fascists and rioting of communists in he shadow of the parliamentary building, at the edge of the famous tiergarten, taxed police and threw the proceedings of the Reichstag itself into relative ob- seurity. On the Potsdamerplatz the rioters, who wore no uniforms and were iden- tifiable only by their shouts of “hail hitlér,” smashed the windows of the Palast cafe as well as those of lim- ousines parked outside it. The rioters numbered about 300 and added a wild west tough to their ac- — by firing their pistols in the Mobs of thousands of persons clashed with heavy police guards. Hundreds of police had been mar- tialed around the Reichstag building asa precaution against disorders. These officers were keeping the crowds back to a respectful distance, but.when a portion of the throng was forced rearward to the edge of ‘the wooded tiergarten, suddenly broke loose and the police were en- gulfed in masses of struggling hu- manity. Mounted - police © galloped about. swinging their clubs and driving back the crowds again and again. While this was going on, commun- ists formed a demonstration at an- other point but contented themselves with the singing of revolutionary songs. The police did not use firearms, confining their activities to the vig- orous us of their batons. The reichstag convened at 3 o'clock and after a short session ad- journed till Wednesday. Wounded Gangster 1 Behialtbrishtr sith State : JACK ‘LEGS’ DIAMOND Jack ‘Legs’ Diamond, noted gangster, was mysteriously shot Sunday in his room in a New York Hotel. SHOT FIVE TIMES, GANGSTER RALLIES AND MAY SURVIVE Doctors Say Noted Criminal Fig- ure Is in Greatly Im- proved Condition New York, Oct. 13.—(#)—Jack “Legs” Diamond, gangster and rack- eteer, rallied today in Polyclinic hos- pital from five bullet wounds in- fiicted yesterday by would-be assas- sins who burst into his room in a west aide hotel, fired on him and fled. Doctors who believed the gangster chief to be dying, reported when he awoke this morning from four hours’ steep that he had @ fair chance to recover and they regarded his condi- tion so much improved that they held in abeyance plans for a blood trans- Fevered and weak from loss ot blood, his frame already weakened by tuberculosis and stomach ulcers and bearing the scars of five other bulict wounds received several years ago when “Little Augie” Orgen was shot down by his side, Diamond awoke today, glanced wanly at the headlines about the shooting in the morning Papers and murmered to the patrol- man on guard at his hospital door, “Oh, are you still there?”~ Diamond was shot as he sat on the edge of his bed in his pajamas in a room on the eighth floor of the Mon- With the mention of adjournment ticello hotel on west 64th street the communists raised a storm, in-| shortly before noon yesterday. sisting a session be held tomorrow Two bullets entered his chest, one for a vote on no confidence in the/ on either side, another penetrated the Bruening cabinet, for a vote on stop-| abdomen, a fourth lodged in the page of Young plan payments and for | thigh and the fifth inflicted a scalp revocation of the order outlawing the| wound on the forehead. red front communist organizat:on. Before sinking into a coma he told ‘The fascists joined in, blowing po-| police he did not know his assailants lice whistles and drowning all verbal | or why they shot him. arguments. All Blazed Away ‘The communist motion failed of} The door opened,” he said, “and support although fascists approved the Young plan reference by shout- i ing: > “Quite Right!” three men walked in. One said, ‘Well, here we are, let's go,’ and all three blazed away at me. It knocked me over on the bed and they ran out. ‘The two sections of extremists al-| After a while I got to my feet and most got into fistiz encounters direct- | Went along the hall as far as the ele- ly under the speaker's table, as the| Vator then I fell over again.’ communists were enraged by the Diamond was removed from the fascist failure to support their mo- | hotel to the hospital in a private am- tion. before casualties occurred and short- ly afterward the body adjourned until Wednesday. Chicago’s Employes May Receive No Pay Chicago, Oct. 13.—(#)—The pros-| cently brought a breach of very poor for aout 20,000] suit against Rudy Vallee, pects look ince before police learned of the All were induced to take their seats | hooting. Discovery of some of Diamond's clothing in a room adjoining his, occupied by Miss Merion Roberts, a show girl, sent police on a search for her. She was hiding in a clothes closet in the apartment of Miss Agnes O'Laughlin, another show girl, on eighth avenue. Miss O’Laughiin re- promise radio city employes,’ inclucing police and | crooner. firemen. getting paid this mouth. Miss Roberts, whose real name 15 City hall officials said i was uu-| Marion Strasmick, and who said her likely thst employes would get any|home was Boston, told police Dia- money until after the first of Novem- | mond was in her room when the tele- ber. uted chase city bonds until the state su- preme cour’ has ruled on the validity Of the special legislative action under which the bonds are issued. MOTHER KILLED CHILD ESCAPES ‘The money shortage 1s attrib- | phone operator called to say twomen to the refuse) of banks to pur- | downstairs wanted to see Diamond. Tells Different Story She said they came up and Dia- mond took them into his own room. She said she ran down to the fourth floor and did not hear the shots. Mrs, Di smonu, who came by plane Barnum, Minn. Oct. 13.—/?)—Mrs. | from their summer home at Acra, N. ;|Delmer Gilbert, 20.°Barnum, was in-| Y., told police her husband had been stantly killed shortly after midnight /in New York since last Thursday. her automobile was struck by a Diamond, who has been arrested 21 freight Hain. 8 the Northern Pacific} times on charges ranging from first Her one - year - old , degree daughter escaped with only minor in- | from Juries. murder to suspicion, arrived Europe by way of Philadelphia (Continued op page nine) woe|Flags and Lanterns to Be Replaced By Radio on Long Freight Trains Washington, Oct. 13—(4)—Red flags and swinging lanterns no longer need be relied upon to keep the engineer and conductor of a freight train in communication. Short wave radio is ready to take over the job. Today the American Railway asso- ciation announced that several years of experimental work have yielded suitable apparatus for maintaining practical. constant communication be- tween ca'soose and locomotive. The assoctations experte heave found it practicable also to use radio ‘ in the big switching yards where cars are made up into trains. They are going further afield now, studying the possibilities of using short wave sets in New York harbor between shore stations and tug boats and other craft used in railway service. Up to now, the crews at either end of the often mile-long freights have difficulties in exchanging important information and signals, especially in bed weather or on curves. The radio sets re ex.pectec not only to increase safety but to eliminate many delays. _Gains SAY THEY CONTROL 12 OF 20 STATES AND ARE ADVANCING Assert All Attempts by Govern- ment to Counterbalance Re- volt Have Been Futile |BUSINESS NEARLY NORMAL Commercial Life Said to Be Gets ting Back on Its Feet De~ spite War Activities Orto Alegre, Brazil, Oct. 13—7}—A communique issued by Brazilian revo- lutionary authorities today reviewed the progress of the revolt thus far, saying that in nine days the rebels had gained contro) of 12 of the 20 states in the republic. The states listed as in rebel hands be ee Grande do Sul, Santa Catha- tina, Ninas Geraes, Alagoas, Pernam- buco, Parahyba, Ceara, Piahuy, Mar anhao, Parana, Rio Grande do Norte, and Para. In addition, said the communique, revolutionary forces have invaded the states of Sao Paulo, Rio de Janeiro, and Bahia. The correspondent of Lo Nacion, who obtained the statement, was told by revolutionary leaders that “all at- tempts made by the government to counterbalance the rebel victories have been futile.” The statement said the inhabitants of all the insurgent areas had ap- Peared in great numbers to aid. the revolution. It added that, despite war~ like activities in such areas, commer- cial life was rapidly returning normal. BATTLE FOR SAO PAULO IS REPORTED UNDER WAY Montevideo, Uruguay, Oct. 13—7)— A battle for the state of Sao Paulo, richest prize of southern Brasil, ap- peared today to be in its initial s with both insurgent and federal ar. miles claiming victory in advance guard contacts, General Miguel Costa, rebel com- mander, reported troops of his had taken the towns of Ourinhos, Singues and Punto Ribeira, and were advanc- ing on Itarare, railway head of a di- rect line to the city of Sao Paulo. He said federal forces on his left had had skirmishes with federals at Jacarezinho and San Jose da Pla- tina, state of Parana, but that the federals fled without fighting. At an- other point, unnamed, the rebel’ lead~ er, Atalvivi Leonel, crossed the Parana ae ee Sao Paulo. lo de Janeiro dispatches, quot the minister of justice, gave ane t’ sly different version of the encoun- ters, saying 2,000 insurgents had been repulsed at Punto Ribeira and Ita< rare. It also was claimed that in fight- ing at Jacarezinho a federal column © ~ 2,000 volunt had repulsed a retel attack and had begun a march into the interior of Parana toward Colonia Mineira. 200-Mile Front But from the statements from both quarters it was believed here the fede eral and insurgent armies were in actual contact over a 200-mile front in an engagement which may mean @ decisive rebel advantage, or proe longation of the conflict while federal © ‘umns carry the conflict, into the wilds of Rio Grande do Sul. Two major movements appeared to be under way today clsewhere in the republic. Captain Juarez Tavora, who €vturday a, week ago took Pernam« buco, has taken Alagoas and its capie (Continued on page nine.) Iowa Youth Admits Slaying Boy of 12 Dubuque, Iowa, Oct. 13.—(P)—Jo- seph R. Ollinger, 22, who confessed Saturday night he had strangled Earl mee 12, was expected to plead guilty to a charge of first-degrea murder when arraigned today in dis- trict court. He admitted the crime 15 hours of grilling by authorities wha had questioned 200 suspects in their quest to find the slayer. Earl's mutilated body was found in the Mississippi river flats Sunday, Oct. 5. Insull Confident Of Early Revival Chicago, Oct. 11.—)—Samuel Ins sull, public utility operator, has becked with approximately $200, revenues during the months of 1930, Insull revealed that expenditures by his companies for extensions and additions will aggre- gobe Front $195,000,000 to $200,000,000 in 5 Air Crash Victim Being Buried Today St. Paul, Oct. 13.—(%)—Milll funeral services will be held here afternoon for Lieut. Thomas of St. Paul, member of the 100th aerq planes: will fly over the city during the services. Burial will be in Oakland cemetery, St. Paul. Mrs. Strickler and twg childses earns. ad 4