The Bismarck Tribune Newspaper, February 19, 1931, Page 1

| : , | a FEBRUARY 19, 1931 FIVE CENTS | House Faces Night Session |. Committee Approves Four-Cent Gas Tax Bill ™aum “f- — UNDECIDEDONHOW |[ Backs Wet Move “T/LEGISLATURE RACES The Curtain Drops FOSHAY INDICTED ON [| LEGISLATIVE SPEED r= MUCH T0 ALLOT 10 COUNTIES, HOWEVER Majority of Senate Group Fa- vors One and Half Cent to County Provision VOTE TO DELAY FOUR BILLS Majority, Minority Reports on Gas Tax Bill to Be Sub- mitted to Senate | _ The senate state affairs committee ‘Thursday approved the four-cent gas tax bill, but stood divided on what amount of the tax should be appor- tloned to the counties. A majority of the committee favor- ed an amendment to the bill to pro- vide for cpportionment of one and one-half cents of the four-cent tax to the counties, while a.minority ad- vocated an amendment to give coun- ties one and one-third cents of the tax. Under the present law, counties receive one-third of the three-cent X. | — Majority and minority reports will be submitted to the senate. While both reports approve the bill, they » will contain the respective amend- ments on the amount of the tax to be apportioned to counties for work on county highways and bridges and cul- verts leading to federal aid and state aid highways. ‘Senator P. J. Murphy, Walsh, of- fered the minority amendment, while Senator J. K. Brostuen, McKenzie- Williams, submitted the majority amendment. Senator C. A. Miller, McIntosh-Lo- gan, told the committee that although he favored apportioning part of the tax to counties, that some of the counties were not using the funds for proper purposes. He charged that in his county, the one-cent now appor- tioned out for county road aid was being, used for county highway work where it serves best for political pur- % — The-committee voted to indefinite- ly postpone a measure by Senator A. F. Bonzer Jr., Richland, providing for placing registration of motor vehicles with county treasurers, in- stead of the state motor vehicle regis- : trar. Senator Bonzer’s bill to unify the motor vehicle registration laws also was indefinitely postponed. Senator Dell Patterson's bill to tax * contracts for sale of personal proper- ty on the installment plan was in- Gefinitely postponed, and similar ac- tion was taken on a bill by Senator J. H. Burkhart, Ward, to provide for /,use of radio broadcasting stations by “state officials and candidates for éy , $10 an hour. __ CHANGES PLANNED POR CONSTITUTION Premier Aznar, Now in Control of Situation, Will Call Local Elections Madrid, Feb. 19.—()—Limited re- vision and modernization of the Spanish constitution of 1876 is: ex- pected from the new government of Premier Juan Bautista Aznar whose monarchist ministry meets Thursday evening in its first formal session. “We shall call municipal elections first.” Admiral Aznar said Thursday. . “©provincial deputations and finally . | )/oparliamentary elections.” _<. The parliament probably will be “brought together several months from now, but will not have the power of a ‘constituent cortes” demanded by the ‘' “Republicans and parties of the left. a» ‘They wished it to decide if Spain ‘ Re: ghould continue a monarchy or Bhould become a republic. ‘The premier said “reforms of cer- ‘ tain clauses of the constitution of 1876,” would be asked but he did not indicate which clauses he referred to or what would be the effect of the _ Five Sheriffs Quit home. In Hennepin County| Glider Designer Is Minneapolis, as & re- 4 gation were determined. All five deputies were members the motorcycle force. The resig tions brought the total to 10 in department. wu DIES @ st. Paul, Feb. 19.—()—Hazeltine Witham, 85, pioneer lumberman of and South Dakote, died the home of s daughter. state offices at a cost not to exceed 1 1 Feb, 19—(P)—Five more Hennepin county deputy sheriffs} Roosevelt Field, N. ¥., na- the Representative T. J. Grady, above, of is author of a bill to repeai the Ilinois prohibition law and the state search and seizure act. The ‘bill has passsed the Illinois house of Tepresentatives and now awaits action by the senate. CHARGES COLLUSION PREVENTS PROBE OF Answer to ‘Insulting’ Question From Blaine Refused by Harry New ‘Washington, Feb. 19.—(7)—A flat charge there is collusion to prevent @ second grand jury investigation of the. St. Paul commercial station pos- tal lease was made Thursday by Chairman Blaine of the senate com- niittee investigating thelease. Cross-examining former Postmas- er General New, Blaine ssid'a “chain of circumstances was growing in strength to’ show there was collusion” to prevent the second investigation. Blaine’s charge followed a sharp clash with New, in which the latter asserted the committee chairman was “insulting.” Blaine questioned New at length about reports submitted by postal in- spectors sent to investigate the lease after a grand jury had found evi- dence of fraud and recommended a full investigation. The committee chairman said the inspectors sent to St. Paul by New had criticized the first grand jury sain found evidences of fraud in the lease, New insisted he had sent the in- spectors to obtain the truth. After a long cross-examination, Blaine asked: “Do you still contend the inspectors were not sent to place a construction on the evidence that would discredit future investigations?” “That question,” New said, “is al- most insulting, and not worthy of answer.” SON 1S WITNESS IN MOTHER'S HEARING 14-Year-Old Says Mrs. Anna Arnot Acted Peculiarly Since December, 1925 Mont., Feb. 19.—()— Glasgow, POSTOFFICE LEASE|= HEAVIEST SLATE OF WORK THIS SESSION 58 Measures on Calendars. of Both Bodies and 21 in House. General Orders - NIGHT MEETINGS PLANNED Action on Bonzer-Cain Compro- mise Highway Bill Expected in Senate Soon North Dakote’s 22nd legislative’ as- sembly Thursday was confronted with the heaviest slate of business of the session. With 16 calendar days remaining before the end of the 60-day session, there were 37 bills on the senate cal- endar Thursday, while in the house there were 21 measures on the calen- dar and 21 in general orders. Two Sundays are included in the remaining days of the session, leaving opposite house. The joint rules of the two branches provide that no bill that shall have passed one house shall be sent to the other for concurrence legislation passed by the opposite house starting Feb. 25, the 5ist legis- lative day. The session ends Marcn 6th. A night meeting may be held in the house Thursday night to dispose of the numerous bills that have accumulated Se calendar ar in bee pe orders. i sessions ‘were in prospect in the senate. Commitees were working at top speed disposing of measures by in- definite postpanement or recommen- dation “for passage. “ The assemblies are acting rapidly on these committee Teports,. with indications that the calendars of the two houses will grow proportionately heavy within fhe next few days. Much of the major legislation be- fore the legislature remains to be acted on, Members generally expressed a sigh of relief over the disposition of. the capitol building bill, on which final legislative action was taken Wednesday ‘The measure is expected to be signed by the officers of the two houses, and then be sent to the governor for sig- nature, Highway Bill Up One of the outstanding bills of the session was on Thursday's senate (Continued on page nine) FATHER OF WORTH 0. H. Lumry, 78, Is Victim of Paralytic Stroke Wednes- day in Florida . mother, Mrs. Anna Berrigan Arnot, is: charged with the poison mur- der of her. husband, J. E. Arnot, last Killed in Trial Ho) —Emry Davis, 5 LUMRY SUCCUMBS| = £45 82 cages 2| the lcensing of farm storage and housemen, ‘(An Editorial) Bismarck was happy Wednesday when the curtain dropped on the principal sideshow of the present legislative session as the capi- tol construction bill was by the house. ‘Tt was a pleasant outcome to what looked, at times, like a fairly ea idee ‘and the entirg legislature is to be congratulated upon action. \ It was unthinkable from, first that members of the legislature would fail to meet the ‘of the state on one of the most im- portant matters before the assembly. Despite the circulation of petitions by Jamestown’s and the attempt to build up sup- port. for the capital removal movement, it was apparent from the start what the sentiment of the people was. # ‘This was , a8 the matter came to a crisis, by letters, telegrams and resolutions from all parts of the state and the edi- torial dicta of the newspapers of the state without regard to political affiliation. Although Bismarck may ‘have chafed a little under the delay with which the bill finally was enacted into law, it is apparent now that this city benefited. During those days when the matter was at issue the people of the state had a chance to make themselves heard and they did so in no uncertain manner. From every corner of the state the demand came loud and clear that the legislature support the action of those North Dakota pioneers who located the seat of government in Bismarck 48 years ‘This expression of sentiment is valuable in that it indicates what the result will be if Jamestown is rash enough to force the matter to a vote of the people. In addition, there is every reason to believe that Bismarck has made additional friends by its attitude of patient forebearance in connection with the whole matter. Its confidence in the fairness of the legislature was never shaken and the loczi committee which kept careful watch of the of the measure is to be con- gratulated upon the skill and tact which it displayed. From the beginning 1t was apparent that the capitol building measure was one from which no political faction could hope to gain political benefit. It was to be expected, however, that a few persons on each side would attempt to test the possibilities of the measure from that angle. That both sides did so’and finally decided the issue was one too hot for them to handle was-also to be expected. ‘The action of the house Wednesday in supporting by a rousing vote the action of the senate in attaching the emergency clause to the bill, completes the legislative record. It makes the bill, in a very direct sense, the action of the people, speaking through their chosen representatives. The overwhelming sentiment as expressed by the legislature should be a signal to Jamestown that persistence in the ill-advised attempt to upset con- ditions in North Dakota will meet with disaster at the hands of the voters. And. last, but not least, Bismarck’s position as a friendly city is more than ever justified. For months this newspaper has emphasized the fact that this city seeks, above all else, friendly relations with all other parts of the state and particularly with the residents of that great western area of which Bismarck is the commercial center. Friendliness begets friendliness, and it is pleasing to note that the attitude of this city toward its neighbors is reciprocated in full measure. Nothing could demonstrate this more fully than the action of the senate Tuesday, followed up by the splendid vote in the house ‘Wednesday. Senators Expect Speedy © Passage of Veteran Bill GUARANTY FUND BIL FAVORED IN HOUSE Bill for Subdepositories in Bank- less Towns Is Postponed by Solons on Measure 4 vote before nightfall. Senators House bill 205, a measure limiting Bill Would Boost the house committee on banking 4 a meeting held Wednesday night. bonus insurance certificates. ‘The bill was approved by the com- President Hoover and the treas- avail themselves of the loans. of six per cent as now. Action Delayed on Farm Storage Bill Action on house bill 166 providing for licensing of farm storage, was postponed until the next meeting of the committee on warehouse and grain grading, after the committee had listened to the arguments of the proponents of the bill at a meeting held. Wednesday night. Representatives of several farmers’ cooperatives were present at the meeting fh the interests of the bill. The bill proposes to provide for bonus certificates. veteran would be $500. capitol as certain. to get a limit on debate was by Senator Reed, Re) senate prepared to jam through Public _ warel » and ‘the is-/ tion of President Hoover. f bin farm recip (Continued on page nine) Senator Bingham, One of Small Minority Band, Begins Fight Washington, Feb. 19.—()}—1 = ning consideration Thursday of tl veterans loan bill, the senate was urged by its advocates to speed it to Couzens, Republican, Michigan, and Harrison, Democrat, Mississippi, pleaded for quick action Loans Available ‘Washington, Feb. 19.—(7)—The veterans loan bill would allow World War veterans to borrow up to half the face value of their ury estimate approximately §1,- 000,000,000 will be borrowed, if the believes 2,550,000 veterans of the more than 3,000,000 holding the adjusted service certificates would Interest on the loans would be charged at 4 1-2 per cent instead Veterans now are allowed loans up to 22 1-2 per cent of value of The average Joan available to a to get the measure to President Hoo- ver, whose veto is regarded at the However, an attempt by Harrison blocked Penn. Be ae cat tte tae sure. The galleries were packed as the the | bill over the expressed opposi- Senator Bingham, Republican, Con- eal FRAUD CHARGE WITH HALF DOZEN OTHERS Company He Headed, with In- terests All Over Continent, Failed in 1929 IS GRANITE QUARRY MANAGER Man Who Set Out to Be Artist Became Financial Wizard and Lost Fortune St. Paul, Feb. 19.—(#)}—A man who set out to be an artist and then be- came a financial wizard who built and lost a fortune, Thursday stood indicted by a federal grand jury as the result of his enterprises. He is Wilbur B. Foshay, president of the W. B. Foshay company of Minneapolis, which contrdiled numer- ous public utilities in the United States, Canada and central America. ‘The company went into the hands of @ receiver in November, 1929. Indicted with Foshay were six former officers of his companies, all named in connection with the sale of the firms’ securities, through use of the mails. They are H. H. Henley, R. J. Andrus, H. E. McGinty, Palmer B. Mabry, H, F. Welch and C. W. ry. Stock Worth $30,000,000 From art student to financier-head of utilities whose stock had an esti- mated value of $30,000,000 marked the career of Foshay. As a youth he had turned his ambitions to art study but while he was at Columbia university, his father suffered financial rdyerses and the son had to go to work. After four years in the employ of the New York Central railroad in New York city, his boyhood home, Foshay gained his. first experience in public utility operation while work- ing for a gas company at Tarrytown, Sie eae n We electric companies ai ” Francisco , Coming to Minneapolis in 1917, he organized a company to own, operate and manage public utilities and to finance them through sale of Foshay securities to the public. Within a year the enterprise had acquired util- ities in Minnesota, South Dakota, Kansas and Nebraska. Sold For $25,000,000 These properties were sold to east- ern interests and a new chain or- ganized, and the latter was sold in 1927 for a sum represented to be $25,000,000. Another grouping began and it continued until its affairs be- came s0 involved it was placed in re- ceivership. One of the prides of Foshay’s pro- jects was a $3,000,000 32-story office building, known as the Foshay tower, in Minneapolis. It followed the de- sign of the Washington monument and also is @ memorial to George Washington. Foshay now is manager of a gran- ite quarry near Salida, Colo. EXECUTIVE BOARD OF THREE 1S ASKED Traynor’s Bill Would Make Ad- ministration Board Appoin- tive by Governor Elimination of the secretary of agri- culture and the superintendent of public instruction and ex-officio mem- bers of the state board of administra- tion is proposed in @ measure intro- duced in the North Dakota House Wednesday by Edwin Traynor, Ram- sey county I. V. A. Under the bill, the board would be ‘composed of three appointive members | powered to remove members for cause. MITCHELL FAVORS Capitol Bil! Passed Wednesday by 95 to 17 Vote; Will Be Signed Soon TO BE EFFECTIVE AT ONCE Twichell Invokes Rule Against ‘Swett; Objects to Enforce- ment for Himself ‘With the capitol building bill oud of the way, the house of representae tives of the North Dakota general ase sembly planned their first night meeting for Thi '. A crowded calendar and the neces- sity of disposing of all bills introduced in the house by the fiftieth day of the session was the reason for the overe een on the part of the lawe mal a Lt The house passed the capitol bulld- Miss Martha Fall, above, 16-year-old|ing bill Wednesday ty ee fe 17 granddaughter of A. B. Fall, former {count with one absent arid not voting. of the interior, has been|The measure is being enrolled and voted the most beautiful girl in Aus-| probably will be presented to the tin High School at El Paso, Texas.|g0vernor for signature on Friday or ‘The vote came in a contest conducted Saturday. It will become effective by the school year book. Miss Fall/as soon as the executive signs it. Plans to be a journalist when she| The first test vote was on the finishes school. adoption of the senate amendment, which restored the emergency clause to the measure. This carried by a 77 to 35 count and the bill then was Placed on final passage. The emergency clause was attached to the bill when it was introduced but was lost when the house failed to give it the necessary two-thirds majority see the issue was presented in that ly. Before the vote Wednesday, L. L. Twichell, I. V. A. leader, pleaded thas @ two-thirds majority be obtained on concurrence in the amendment to avoid roi “pos ees which might arise use only a majority adopted the amendment. 4 Twichell stated that only a major- ity apparently was necessary to adopt the amendment, but since it involved an emergency provision which itself required a two-thirds vote, it would be well to have a two-thirds major- house expenditures comm! ‘Thurs! if utring } senate day by Attorney General Mitchell. | proposal, He said tals wrule fe wen ‘The attorney general told the com- shoul mittee he issued an order Jan. 19, ihetemane nares or z Permitting wire tapping in special Speaks For Jamestown cases when approved by the head of) ‘There was no discussion on the bill, the bureau involved and the assistant/ put arthur J. Rulon, Jamestown I. V. attorney general in charge of the case. (Continued on page nine) see vse BRU IPVE THEY AVE, TRAIL OF KIDNAPER California Officials Seek Mat Seen with Girl in San Mar- cos Vicinity TAPPING OF WIRES BY DRY LAW FORCE Attorney General Tells Commit- tee of Ordering Procedure in Certain Cases Washington, Feb. 19.—(?)—Wire tapping by prohibition agents in cer- tain cases was approved before the | to remove a discrepancy in the regu- {lations for the investigation and pro- hibition bureaus. The former bureau prohibited the practice under a 1928 regulation while it was permitted in the prohibition branch. Mitchell said he had not felt he was in a position to establish an “iron clad rule” so left it open for consideration of the bureau heads in- volved “in specific cases.” Assistant Attorney General Young- quist, in charge of prohibition, testi- fled he had approved wire tapping in three specific cases since the order of Jan. 19. This was done, he said in the ab- sence of Director Woodcock of the Prohibition bureau. Woodcock told the committee wire tapping had not been brought to his attention until a question was asked about it before the appropriations committee in December. The bureau has a group of men who “supervise wires to obtain evi- dence,” he said. He approved the new order of the attorney general and added he agreed wire tapping should be used only in special cases. ALBERT W. BENHAM FACES INDICTMENT *One-Man Mint’ at Belvidere, Iil., Accused of Operating Con- fidence Game San Diego, Cal., Feb. 19—(7)—- Sheriff's officers Thursday picked up what they believed to be a trail of the kidnaper of Virginia Brooks, 10, who disappeared Feb. 11 while on her way to school here. Sheriff Carl Klindt of Escondido reported an automobile driven by a man about 50 years old had been seen, twice Wednesday near San Marcos, Cal., and that in the car was a girl resembling photographic likenesses of the Brooks girl. Two Escondido merchants told Klindt the first time the car passed them, the man was sitting on the girl’s feet holding her down with his hands. The second time, the mer- chants’ automobile was stuck in the mud on @ narrow road. They told the deputy that when they tried to halt the other car it increased its speed and struck the front fender of their automobile. In both instances the man was said to have been holding the girl down on the seat. une. —im—me| Lribune Offers Aircraft Booklet ursday say Belvidere, ity “Midas” because his business, extend- ing over a period of two years was pte A