The Bismarck Tribune Newspaper, April 28, 1931, Page 1

? North Dakota’s Oldest Newspaper THE BISMARCK TRIBUNE ESTABLISHED 1873 Tilson Enters Mrs. R. B. Murphy Su WOMAN IS VICTIM OF COMPLICATIONS AFTER OPERATION Wife of Board of Administration Member Was Prominent Throughout State DIES AT 5:45 A. M. TUESDAY Deceased Had Submitted to Two Major Operations in Last Three Months Mrs. R. B. Murphy, prominent Bis- marck woman, and wife of a member of the state board of administration, died at a local hospital at 5:45 o'clock ‘Tuesday morning from complications following an emergency operation Friday. Mrs. Murphy, in ill health for the last five years, had submitted to two major operations since Feb. 4. Beatrice Alice McLeod Murphy was born at French River, Prince Edward Island, Canada, Sept. 28, 1879, of Scotch parents. She was educated in the schools of that city and in 1898 was married to R. B. Murphy. Six years later she moved with her hus- band to Tower City where they lived until 1913, Following that the Murphys lived at Michigan, N. D., for four years and at Grafton for five. In 1922 the family moved to Bi and they have lived here continuously since that time. Besides her husband Mrs. Murphy Jeaves three children: Bruce, Chi- cago; Rita, a teacher in the Bismarck high schgol; and Lloyd, a junior in the same school. A sister and two brothers, who live in Canada, are Everett McLeod, Prince Edward Is- land; Duncan McLeod, Webb, Sask.; and Mrs..Emanuel Lockhart, Antig- nish, Nove Scotia. Mrs. Murphy had been active in church affairs up until five years ago when ill health made it imperative that she give up her work. An en- thusiastic and, skillful needlewoman, she possessed at the time of her death a collection of needlework that in- cluded many beautiful and valuable ieces. a In addition to her other activities she was a member of the Eastern Star. Bruce Murphy, a son, arrived in} 9, Bismarck from Chicago Sunday and her brother, Duncan, was expected here from his home in Saskatchewan ‘Wednesday. Funeral services wil be held in the Perry Funeral Parlors Thursday at 10 oe Rev. D, ode 4 tor of St. George’s Episcopal 5 will officiate. Interment will be made in St. Mary’s cemetery. BURKE ON WAY 10 PRISON FOR LIFE Notorious Gangster Pleaded Guilty to Killing Patrolman Charles Skelly St. Joseph, Mich., April 28—(@)— Fred Burke, notorious gangster who was sentenced to life imprisonment after he pleaded guilty to the killing of Patrolman Charles Skelly here, Dec. 14, 1929, was moved swiftly and under heavy guard from Berrien county jail at 4:37 Tuesday morning, accompanied by two automobiles, for “Marquette, where he will begin serv- ing his sentence there Wednesday. ‘The departure was quiet and with- out much ado, there being few spec- tators around the jail. Sheriff Fred J. Cutler, with three deputies and four state policemen, formed the bodyguard. According to announced plans, the party headed north toward Kalama- zoo and Grand Rapids, for Mackinaw City. A ferry there will take them to Newberry where they probably will remain overnight and continue to Marquette Wednesday morning. After a good night's sleep, Burke appeared cheerful. He was dressed nattily in a tailored gray sult and a light-colored topcoat. He had noth- ing to say to the small gathering of newspapermen who witnessed his leave. He will be eligible to apply for a parole after 25 years, less time off for good behavior, to Mich- igan law. Glen Ullin Farmer Is Held at Mandan William £E. Schatz, Glen Ullin farmer, was under $1,000 bond to ap- Dear Wednesday before Justice J. E. Campbell in Mandan in connection’ with an imbroglio which occurred ‘Monday at Glen Uilin. Sheriff John Handtmann arrested ®chatz after a fight 1s said to have occusred between the accused man and Carl Berreth, Glen Ullin. Dur- ing the course of the dispute Schatz i said to have threatened Berreth’s fe. Schatz was arraigned before Camp- MINNESOTA FARMER DIES Fergus Falls, Minn., April 23.—(?)— leart. disease caused -the death of ‘Walter Achen, farmer of the ‘own of ‘Western, > OS BISMARCK, NORTH DAKOTA, TUESDAY, APRIL 28, 1931 oo | Formally Inducted o { ‘ MAYOR A. J. CERMAK CHICAGO FORMALLY INDUCTS ANTON J. CERMAK AS MAYOR Native Son of Bohemia, Who Once Was Coal Miner, Be- comes City Executive Chicago, April 28—(™— Anton J. Cermak, native son of Bohemia who once mined coal in the pits of Braid- wood, Ill., occupied his desk Tuesday for the first time as Chicago's for- mally inducted mayor. He regarded it as a “full-time job,” he said, one dedicated to reducing the city’s expenditures, restoring law and » and America’s sec- ond city for the Century of Progress Exposition in 1933. He outlined that program in his in- auguration held Monday night in the council chambers. The formal cere- mony was broadcast over a poast-to- coast network of more than 20 sta- Cermak promised citizens of Chicago he would reduce taxes by re~ ducing governmental’ expenditures. Obviously, he added, taxes could not be cut until expenses were reduced. There was not much that can be saved this year, he said, because the late administration, that of William Hale Thompson, already spent in the first three months of 1931 half of the dations intended to carry for the entire 12. The mayor also promised to place the police department on its own feet in law enforcement. Cermak said he would expect much | from an advisory committe which will | assist him in bringing about an effi- cient administration. Among those appointed to the committee were Wil- Mam ©. Dawes, banker; Elmer J. Stevens and D. F. Kelley, merchants; Oscar Mayer, packer; Victor Olander, labor leader; Julius F. Smietanka, lawyer; Prof Charles E. Merriam, University of Chicago; Mrs. Kellogg Fairbank, social and civic leader; Joshua D’Esposito, engineer; and Burt business NAVAL NEGOTIATIONS ARE BEING CONTINUED French Experts Studying Recent Proposals Made by Great Britain Paris, April 28.—(#)—Negotiations looking toward settlement of the Franco-British-Italian naval accord proposals. No details of Tuesday's conference were disclosed beyond the fact that the cabinet is hopeful of achieving an agreement and that two secondary decisions had been reached regarding demonstra Franco-British amity. In parliamentary circles it ts Reno, Nevada, April 28.—(7)— The machinery of Reno's famous mill” being oiled DIRECTED VERDICT FOR HUGHES GIVEN IN MPCURDY ACTION Court Holds Local Lawyer Was Not Prosecuted in Disbar- ment Proceeding SAYS NO MALICE WAS SHOWN Also Rules That Hughes Lacked “Probable Cause’ for Filing Original Complaint Verdict for the defendant in the damage action of F. E. McCurdy vs. E. A. Hughes was ordered by Judge Andrew Miller in federal court Tues- day afternoon. Action followed completion of the Plaintiff's case and came on motion of the defense that McCurdy had not proved a cause of action in that he had not shown he was prosecuted. The court held that the filing of an affidavit by Hughes against Mc- Curdy did not constitute a prosecu- tion since it did not bring either the Person or property of McCurdy with- in the jurisdiction of the court. Judge Miller said there was noth- ing in the record to show malice on Hughes’ part in the filing of the ac- cusation against McCurdy but neither was there anything to show that he had “probable cause” for his accu- sation. Admission that he “may have been careless” in not actively prosecuting the Patterson tax case was made in court by McCurdy, ‘The suit is based on Hughes’ action in filing charges against McCurdy in connection with his handling of the case involving an attempt by the county to collect delinquent taxes on property owned by E. G. Patterson, former member of the board of county commissioners. nection with his explanation of why he did not prosecute the case more vigorously after the supreme court had returned an opinion favorable to the collection of the Patterson taxes. Among these reasons were his work as state’s attorney in connection with the June term of the district court in| 1928, some civil cases which demand- ed his attention, a trial at James- town for which he had to prepare, & session of the Burleigh county grand (Continued on page seven) REFERENDUM ON GAS TAX LOOMS Petitions Asking Vote on Meas- to|in building and maintaining hig! Machinery of Reno’ Being Oiled for Advent of New Law ure in March, 1932, Circu- lated in Fargo Fargo, N. D., April 28.—(®)—A ref- erendum vote on the North Dakota four-cent gas tax measure was asked in petitions circulated in Fargo Tues- day, and if the 7,000 signatures are secured and the petitions filed, the one-cent jump due July 1 will be sus- pended automatically until the elec- tion is held. The petitions request a vote at the next presidential primary in March, 1932, Names of three Fargoans are car- ried on the petitions as members of the committee for the petitioners. They are H. C. Schumacher, chair- man; H. R. Wood and A. J. Felver. Others on the committee are Allen McManus, Grand Forks, and Bert Morrison, Robinson, N. D. ‘The new four-cent gasoline tax law provides for a four-cent tax on gaso- line per gallon for fuel used in auto- mobiles and trucks. One and one-half cents are returned to the county from which the tax is collected. One cent .| of the tax is for use by the counties he ways, county roads, and the extra half cent may be used either for county roads or state and federal aid roads ,| at the discretion of county boards. Suspension of the four-cent gaso- line tax law by a referendum would cause the state highway department to begin immediate curtailmen: of its construction program, H. C. Frahm, chief engineer of the state highway department, said Tuesday in com- menting ona report from Fargo that a referendum petition on the act is being circulated. s ‘Divorce Mill’ proved by the local bar association and cases will be set for hearings and assigned to the courts by the county clerk. , . The new six weeks’ law is re- The Weather Pair Tuesday night and Wednesday; somewhat warmer Wednesday. PRICE FIVE CENTS The mere males were shy about appearing in the “Men’s Bathing Beauty | Contest” at a beach near Los Angeles. Two hundred entered but only 20; appeared when it came time to display charms before admiring throngs. Herbert Barthels, above, winner of the contest, is being presented with a cup by Miss Gladys Ford. He is “beautiful” but, oh, so cavemanish-looking! Did she say that? . He'll be ‘Mister America’ Next PARALLEL PARKING ORDERED FOR ALL SECTIONS OF CITY City Commissioners Adopt New Traffic Regulation at Meet- ann ing Monday “oe Bismarck motorists will observe parallel parking rules in the future, the board of city commissioners decided at their regular meeting held at the city hall Monday night. After considering the advisability of ichanging the present system of per- mitting motorists to park diagonally in the business districts, the commis- sioners decided unanimously to adopt the parallel system, holding that the latter system permitted greater facil- ity in moving traffic and obviated many possibilities of accident. Police Commisisoner Paul Wachter indicated that work of painting park- ing lanes would commence immedi- ately and ihat as soon as lines were drawn the new ordinance would be in effect. The new parking lanes will be painted in chrome yellow, the color used in 1930. They will be seven and one-half feet in width, providing for two parking lanes and four lanes of traffic, Wachter said. A petition to recover damages, pre- sented by Mrs. Julia Moffit, who suf- fered a leg injury as the result of a fall at Broadway at Fourth 8t., was read by City Auditor M. H. Atkinson and was -eferred to C. L. Young, city attorney for his opinion as to its le- gality. The claim asked $2,674.75 for damages the petitioner claims to have sustained when she slipped and fell on the icy street. John Sloan, local carpenter, offered $336.30 for title to property located at the corner of Avenue C at Hannifin. The sum represents the face value of taxes due on the property and the board recommended favorable action on the bid. to the board of county commisisoners. The board also unanimously went on record as favoring a petition for a sidewalk filed by owners of property of lots one to four in McKenzie and Coffin’s addition. Clarence Hanson was appointed poundmaster by Paul Wachter, police commissioner, the commissioners being unanimous in affirming the ap- pointment. Rue Brothers, Incorporated, were awarded sidewalk contract for the ensuing year, their bid being lower than those submitted by W. J. Noggle amount of work to be done during the year. The Rue company-bid was $2,500, the Delzer bid, $2,892.50 and the ‘Old Timer’ Will Write for ' Tribune See Se sce coed: ing the stories by an “Old Timer” beginning on the sport page of ‘The Tribune 5 t ot | Judge Dismisses Charge Against Alleged Bomber Paul Kassay Freed When Syn- dicalism Measure Is Ruled Unconstitutional Akron, Ohio, April 28.—/?)—Hold- ing that the Ohio criminal syndical- ism measure is unconstitutional, Common Pleas Judge Walter B. Wan- amaker Tuesday dismissed the indict- ment against Paul F. Kassay, 37, foxmer Goodyear-Zeppelin mechanic vho had been scheduled to go to trial ‘Tuesday for alleged attempts to dam- age the navy dirigible Akron. ‘Wanamaker has had the question of constitutionality under considera- tion since Friday when Assistant Prosecutor George Hargreaves filed a brief upholding the legality of the syndicalism law in answer to attacks on its legality in a demurrer filed by Mrs, Yetta Land, attorney for Kas- say. ‘The demurrer assailed constitution- ality of the measure on ‘the grounds that it is class legislation and abridges the right of free speech, freedom of the press, and freedom to effect political reform guaranteed by the constitution. Kassay was arrested March 19 by federal officials and jailed under $20,000 bond. He was indicted and kept in custody until March 26 when $40,000 bond was furnished by friends. {Dispatch in a copyrighted story says Following Judge Wanamaker’s rul- ing Hargreaves said he would appeal to the state supreme court. Kassay said he will try to get back his job as riveter on the navy airship. Arizona Police Probe Shooting, Poisoning Tucson, Ariz., April 28.—(P)—A campus romance formed the back- ground Tuesday for a police probe of the shooting of Thomas K. Marshall, 60, and a report his wife, a semi-in- valid, may have been the victim of a poison plot. Marshall was wounded dangerously by five shots Monday. Mrs. Marshall, 63, the owner of real estate valued at $500,000, was placed under $5,000 bond and charged with assault with intent to commit murder. Mrs. Marshall, who came from Bos- ton in 1899 as Miss Louise Soucar to teach in the University of Arizona and married Marshall, a student, re- fused to comment. Highway Paving Work Will Begin Wednesday Fargo, N. D., April 28.—(#)—Work on the first paved state and federal highway in eastern North Dakota, U. 8. Highway 10 from Fargo to Maple- ton, is expected to begin Wednesday, John McCormick, Fargo, contractor in charge, sald Monday. ‘A temporary office will be estab- lished at the east end of the project in Fargo, and work will be carried on fee Se sitet Magiaton ‘vould be the base ae which work would commence. R. F. Sweetman, Sioux Falls, 8. D., will be superintendent. Burleigh Pioneers \ Will Meet Friday Call for a meeting of the executive com- KIDNAPERS RELEASE ST, LOUIS PHYSICIAN SOUGHT FOR A WEEK Dr. |. D. Kelley, Wealthy Spe- cialist, Is Turned Over to Newspaper Man IS NOT HARMED BY CAPTORS Victim Tells of Abduction Eight Days Ago and Details of Imprisonment St. Louis, April 28—(#)—The Post- that Dr. I. D. Kelley, wealthy eye, ear, nose, and throat specialist, kidnaped a week ago Monday night, was released by his captors Tuesday. ‘The release was effected, the news- paper says, on a road near East St. Louis, Ill, when he was turned over to John T. Rogers, Post-Dispatch re- porter on an anonymous tip over the telephone. The physician was unharmed, the newspaper says, and declared that as far as he knew, no ransom was paid for his release. In response to a telephone call, Rogers met a man unknown to him in uptown St. Louis and took the man. in his automobile to a point across the river in East St. Louis, indicated by the stranger. Here two other cars met Rogers and his companion and the physician, wearing a pair of goggles, was turned over to the reporter. Dr. Kelley had been in the hands of his abductors for a little more than seven days. The physician related how he was kidnaped Monday night when he an- swered a telephone call. Dr. Kelley said he arrived at Davis place, the location indicated by his supposed pa- tient and a man entered his auto- mobile, directing him at the point of @ gun, to drive where he was told. Driving through a rainstorm into: the country on the Olive street road, Dr. Kelley said his captor and he ar- rived at a house where he was blind- folded and a hood was thrown over his head. He then was assisted into, the house. He found himself in a room with an fron cot. His captors searched him and he was ordered to lie on the cot. His abductors then covered him, as he was cold and wet from the rain. As his head was raised to give him a drink of water, he said, he saw one of his captors, “a most picturesque looking pirate, bandaged up, with a, handkerchief over his face, sitting there with a gun in his lap.” , Aside from being spoken to in gruff tones, and being the object of un- spoken menace by the men, the phy- sician returned unharmed. GOTHAM GANGSTER SAID IN GREAT PAIN dack ‘Legs’ Diamond Danger- ously Wounded When Am- bushed in Catskills Albany, N. April 28.—()— Death loitered Tuesday in the room where Jack “Legs” Diamond lay dan- gerously wounded. The buckshot which cut him down Monday morning had not been removed from a lung still weak from a bullet wound made last year by a gangster’s gun. He was in great pain. While his physician fought to pre- vent pnsumonia, the state moved swiftly to clear the Catskills, where Diamond was shot, of the gang ele- ment which has kept that resort sec- tion in a turmoil since Diamond mov- ed there to recuperate after he was wounded last year in New York. Attorney General John J. Bennett, who took over the investigation at Governor Roosevelt's direction, said he would seek a number of indict- ments before the grand jury. Nineteen state troopers were in the county vo aid in the investigation and to protect any witnesses against pos- sible reprisal for talking. Officials had no clue to the two men who fired nine charges of buck- shot at Diamond as he opened a door of an Inn near his home at Acra. 63 Alleged Bartenders, Bootleggers of Hurley, Wis:, Hurley, Wis. April 28—(>}— Silver street was silent Tuesday. ‘The 63 bartenders and proprie- tors of establishments along that thoroughfare who are accused of helping to earn for Hurley the name of “Bad Boy” of the lumber- ing and mining frontier, all were in Ashland, Wis. facing United States Commissioner W. 8. Cate on charges of violating the fed- eral prohibition laws. The defendants made a sober trek to Ashland. Townspeople lined the streets and waved fare- wells as prisoners were carried in an automobile caravan under the direction of Marshal C. H. Raw- linson, Madison, and his deputies. For the second time within a > | In Speaker Ra | — DISMISSES CHARGES FILED AGAINST NEW YORK CITY'S MAYOR Governor Roosevelt Says Docu- ments Do Not Warrant Re- moval of Walker Albany, N. Y., April 28.—()—Gov- ernor Roosevelt Tuesday dismissed the charges brought against Mayor James J. Walker of New York by the city affairs committee. The committee had asked that Mayor Walker be removed for incom- petence and neglect of duty. The governor's action was announc- ed at the executive office here. Mr. Roosevelt was at his Hyde park home. The charges against Walker were received by the governor March 18. They were signed by Dr. John ‘Haynes Holmes, as chairman of the committee, and Rabbi Stephen 8S. Wise, as vice chairman. Governor Roosevelt advised Mayor Walker in California of the action taken against him, and that his reply should be for- warded to Albany when he returned from the Pacific Coast trip, intended to benefit the mayor's health. On April 20 Walker’s reply was handed to Roosevelt. The New York City executive de- fended his administration, lauding its accomplishments in the 15,000-word reply he had prepared. Dr. Holmes and Rabbi Wise sought an opportun- ity to file a rebuttal. Regarding the charges, the gov- ernor said: “I do not find sufficient justifica- tion in these documents to remove the mayor of the City of New York or to proceed further in the matter of these charges.” FIRE INSURANCE HEAVY New York, April 28—()—It has been figured out that the fire insur- ance carried in this country totals $201,000,000,000. MAN THINKS HE CAN FIND $17,000 IN GOLD Asks Sanction of Michigan Au- thorities to Seek Money Stolen 70 Years Ago Charlotte, Mich. April 28—()— Sanction of the Eaton county board of supervisors has been sought for a) Project which H. W. Face of Kalama- zoo county believes will lead him to @ cache of $17,000 in gold coins taken in a robbery of the court house here 70 years ago. Face told the board of supervisors Monday that the gold coins which were carried away from the court house in an ox cart in 1861, are buried in a safe in Stuben county, Indiana, and that he has a map showing the location of the cache. He claimed the map was furnished him by a son of one of the three rob- bers who lives in the state of Wash- ington. He proposed to divide the treasure three ways should he find it— in equal parts to himself, the Wash- ington man and the board of super- Taken to Hearings month, federal authorities Mon- day swept through Silver street The first contingent of de‘end- ants was arrainged All but one demanded after Speakership Race ccumbs in Bismarck CONNECTICUT SOLON ANNOUNCES PLAN IN | FORMALSTATEMENT Has Been in House for 20 Years, Was Majority Floor Leader Last Session SNELL APPARENT CANDIDATE New York Republican, Chair« man of Rules Committee, Automatic Contestant Washington, April 28.—(?)—Possi- bilities of a close contest over the Re- Publican candidate for speakership of the next house Tuesday appeared to have passed the blossoming stage. Representative Tilson, of Connecti- cut, majority floor leader in the last congress, definitely entered the race Monday with this announcement: “Having served in the house for 20 years I know that its members will exercise their fair and honest judg- ment with regard to the speakership. Having been elected majority lead- er four times, I should naturally ex- Pect that I should be considered.” Tilson made, it plain, however, he would not make an active campaign to succeed the late Nicholas Long- worth. Some colleagues of the Con- necticut Republican interpreted his statement as indicating he would not support the apparent but unannounc- ed candidacy of Representative Snell, Geet New York, for the posi- ion. Snell, as chairman of the powerful rules committee, automatically be- came one of the probable candidates. His friends have been active and he has spent most of his time in the capital. There remains, however, a feeling among some Republicans that their candidate should represent a more western state. But Representative Michener and Representative Mapes of Michigan, and Ramseyer of Iowa, have declined to make any statement on the subject as has Britten of Tlli- nois, chairman of the last house naval affairs committee. Represent- atives Beck of Pennsylvania and Pur- nell of Indiana, also have been men- tioned in the talks. INDICT MINNEAPOLIS MORALS SQUAD HEAD E. J. Gustafson Is Charged With Management of Disorderly House Minneapolis, April 28—(P)—E. J. Gustafson, head of the Minneapolis Police morals squad, was indicted late Monday on 2 charge of wilful neglect of duty by the Hennepin county grand jury. It was said the charge is in connection with operation of a dis- orderly house. It was reported indictments against: three or four other members of the Police administration were being con- sidered by the grand jury. Indictment of Gustafson was the first growing out of the jury's in- vestigation of alleged protection of | Vice, gambling and bootlegging in | Minneapolis, It was reported the charge against Gustafson grew out of testimony given by Rev. Mons Mid- thun, retired Lutheran pastor, active in seeking police cooperation in clos- | ing disorderly houses in the Wash- ington Square district and in cam- paigning against the barmaids in the gateway district. 'ROADS MAY CARRY BATTLE 70 COURT Western Carriers Say New Grain Rates Will Cost Them $20,000,000 a Year St. Paul, April 28.—(?)—Possibly western railroads may carry their fight to federal court to prevent the interstate commerce commission from instituting new rates on grain the carriers ciaim will cost them $20,- 000,000 annually, loomed Tuesday. The new reduced rates will go into effect dune 1 and northwest lines claim they alone will lose from $3,- 000,000 to $4,000,000 yearly under the "| revised schedule. If the fight is carried to the courts, it was reported the railroads will claim the commerce commission has exceeded its authority and that its ees, would mean confiscation of lway property through ill cutting off their revenues. alin d In Minnesota sil Bg 7 & i6y lige