The Bismarck Tribune Newspaper, May 5, 1932, Page 1

; "? hed ne ed My _ North Dakota’s Oldest Newspaper ESTABLISHED 1873 THE BISMARCK TRIBUNE. BISMARCK, NORTH DAKOTA, THURSDAY, MAY 5, 1932 The Weather Unsettled, occasional rain tonight — or Friday; not so cool Friday. PRICE FIVE CENTS Find New Fraud in Lindy C | Senate Strikes Snag in New Revenue Bill Governor of Hawaii FINISHES JOB ONLY TOLEARN MEASURE IS SHORT OF GOAL Committee Returns to Work In Effort to Find Additional $100,000,000 HIGHER INCOME TAX LOOMS Reversals of Actions on Many Rates Recorded at Wed- nesday Session BULLETIN Washington, May 5—(?)—The senate finance committee refused today to raise income taxes to the wartime level as a part of its ef- fort to find $100,000,000 of addi- tional annual revenue which Chairman Smoot said it needed to Produce to balance the budget. Washington, May 5.—(?)—The re- vised revenue bill Thursday was de- clared $100,000,000 short of the goal of balancing the budget and Chair- man Smoot called the senate finance committee back to look for new taxes. Smoot made his estimate after the committee had applied the brakes to further reversals in rates and had settled back to learn from the trea- sury just what the bill did. He pointed to even higher increases in the income taxes as one way of finding the additional $100,000,000 which appeared to be necessary after the first survey of the rewritten legis- Jation. Under-Secretary Ballantine of the treasury emerged from the executive session of the committe cautious about making an estimate but he intimated more revenue would have to be found. He agreed the senate committee bill raisd about a billion dollars, practical- ly the amount provided by the house, but said even more money was re- quired. * Apparently the collapse of the om- nibus economy bill in the house sent the leaders looking for greater funds. Taxes on tires or import duties on rubber were among the propositions under consideration as the committee reassembled for an afternoon session. Tax Fight Tickets The 25 per ccnt admissions tax for prize fights was cut down to 10 per cent but the 45 cent exemption on these tickets was removed. Senator Walsh (Dem., Mass.) summed up the situation in a state- ment in which he said Wednesday's “action forced the tariff coalition to assume responsibility for the mea- sure. “There is some heavy politics go- ing on now,” he said. “No one wants to be blamed for the tax-increasing legislation. Every one wants to see it enacted. “There are three groups of thought in the committee and in the senate. “First, those who think that the revenue necessary to balance the bud- get, in addition to income taxes, cor- porate taxes and gift and estate taxes, should come from a widespread dis- tribution of so-called nuisance, ad- mission and luxury taxes. “Second, those who favor, instead of nuisance and luxury taxes, a man- ufacturers sales tax; and third, those who support a combination of tariff duties and luxury taxes.” : On nearly a dozen primary items the committee Wednesday executed a right about face, putting back into the measure four tariff levies and reversing its decision on a sizeable list of other items. By the time it was done, all comprtatiane of the bill’s probable yield appeared mere guesses, so the whole thing was Banded over to treasury experts for refiguring. . Bingham Motion Pending Senator Bingham, (Rep.. % had pending a motion which, if successful, would produce an en- tirely different bill. He sought to substitute the entire program submitted by Secretary Mills tee, He offered this to head off an amendment by Senator Walsh to restore the house rates on income, corporation and inheritance taxes, with the treasury list of ex- cise levies. Besides that, Senator Reed (Rep., Pa.) still was seeking to have the general sales tax put back in. Smoot favors this tax but con- siders presenting it a hopeless ges- ture after what the house did to it last time. ‘ The tariffs written into the bill covered lumber, copper, coal and oil. They had been rejected several days ago in a committee row, but the de- termined tariff seekers bided their time and with well-laid plans voted them 1n, one after the other. Copper imports will be taxed four cents a pound; lumber $3 a thousand feet; oil one-half cent a gallon with proportionate levies on refined prod- ‘ucts; while the coal tax was set at $2. The other changes included elim- ination of the jewelry tax; restora- tion of an extra 1% per cent on consolidated corporation returns; re- ductions in the rates on grape con- centrates, grape juice, fountain syrups, and oil pipe line taxes, and extension of ‘a two-cent stamp tax to all bank checks. TORNADO KILLS 20 Calcutta, India, May 5.—(#)—Twen- ).| sentatives of both sides signed an | Former N, D. Girl and Playwright She Helped to Fame {It was the fine acting of Miss Dorothy Stickney, formerly of Dickinson, N. D., pictured at the left, which helped put across “Another Language” and brought its author, Mrs. Rose Franken, right, Broadway prominence. Brilliance of Former N. D. Girl Puts New Drama Over LANGER WOULD AID INDEPENDENT BANKS IF MADE GOVERNOR ' Says Last Legislature Created Five New Commissions, 65 New Jobs New Rockford, N. D., May 5—(?)— With an attack on the state admin- istration, William Langer, Bismarck, |Nonpartisan League candidate for jthe Republican nomination for gov- ernor, formally opened his campaign jat a political rally here Wednesday night. On the program were Ole H. Olson,| New Rockford, League candidate for! Neutenant governor; Mayor A. T. jLynner, Fargo; State Senator C. W. Fine, Sheyenne, and Dr. John Craw- ford, New Rockford. Addresses were the first in the contests between League and I. V. A. candidates for nomination in the June 29 primary. - Langer assailed Governor George F. Shafer, various state departments and officials and promised to reduce appropriations for the biennium by one million dollars if the Nonpartisan League gains control of the next leg- islature. (Continued on page eleven) TRUCE SIGNED 70 END SHANGHAT WAR Formal Settiement of Trouble in Far East is Effected by Agreement Shanghai, China, May 5.—()}—Four months of open warfare between China and Japan in the area about this city ended Thursday when repre- armistice. The manner of it was as unusual as was the fighting itself. Although thousands of lives were sacrificed and millions of dollars worth of property was destroyed, the conflict about Shanghai never was officially a war, because neither side declared war. So Thursday there was no ceremon- ial gathering of statesmen to sign the truce. Instead, the signatures of neu- jtral representatives were affixed at the British consulate and then the document was taken to the hospital where Japan's representatives are re- covering from wounds inflicted by an assassin. The Chinese spokesman signed at his home. The terms of the peace were not immediately made public but an un- official version indicated it was a com- promise bridging the differences which deadlocked the peace parley for a month or more. {_ The Chinese were understood to have won their demand that Japanese troops retire from their present posi- tions into the international settle- ment. The Japanese obtained an agreement that some of their soldiers remain in the vicinity of Hongkew and Woosung. It appeared also that Japan had succeeded in avoiding a definite time limit for withdrawal of her troops. Her representatives refused to accept such a condition during all the nego- tiations. At the same time, however, it was understood that the retirement would begin within a week and would be completed within a month. Dorothy Stickney’s Acting Sup- plies Punch Needed by New York Show | (Tribune Special Service) «| New York City, May 5.—Superlative | acting by Miss Dorothy Stickney, formerly of Dickinson, N. D.,has helped put across with a bang the new play, ‘Another Language,” and elevate its author, Mrs. Rose Franken, from domestic obscurity to Broadway prom- inence. Miss Stickney, who took the leading role in the drama, was born at Dick- inson, the daughter of Mr. and Mrs. V. H. Stickney, both of whom are now dead. A sister of Miss Stickney, Mrs. A. P. Natchwey, still resides at Dickinso Miss Stickney was educated in Dick- inson schools before coming east as @ young girl to study dramatics. She has not confined her activities; to the legitimate stage but also has; appeared in several cinema produc- | tions. | It took the brilliant performance of | North Dakota’s most prominent gift to Broadway to bring to Mrs. Frank- en's play the recognition it really de- served. And now the author, mother | of three children, finds herself hailed as the most important new playwright on the Broadway horizon. Turned Down Often The story behind the production of “Another Language” is a repetition of that favorite Broadway legend—next to the Cinderella stories—of a manu- script that went kicking around the producers’ offices, turned down by all and sundry. Had it not been accepted by Arthur | J. Beckhard, a beginner in the pro- duction field, Miss Stickney might never have had the opportunity to put | it over. Without exception critics have de- clared Mrs, Franken’s play to be the most deftly written and dialogued American home-life play in something like a generation. The families con- cerned in the play talk and act and are characterized in a fashion that makes them recognizable to visitors from the Bronx, Second Avenue, Charleston, Atlanta, New Orleans and Bozeman. Has Fictional Touch The story behind this newest sen- sation has the same fictional touch that accompanied the entrance, for instance, of “Broadway.” Beckhard is a concert agent and is not of the commercial theatre. Last season he summered at Greenwich, Conn., and having time on his hands and you on his mind he decided to run a vacation-time stock theater. A number of performers signed up, but Beckhard wanted to try out plays that had never seen the light of night. He corresponded with a few agents in New York, soliciting manuscripts. It so happened that four years ago Rose Franken had turned loose the manuscript for “Another Language” on an astigmatic flock of theater folk. Almost every manager and play read- er, including the Theater Guild, had taken a look at it. At one time Philip Goodman had thought so much of it that he took an option, held it around for a time and then changed his mind. Ready For Wastebasket The manuscript had drifted back to the agents and was on the very edge of the wastebaskets when Beck- hard’s request arrived. It was sent to him with others. Being a mere man- (Continued on page eleven) Aa | Presents Answer to | Schoolboy’s Lament 4 | ae: queen aot oar caspian ch Kansas City, May 5.—(AP)— Here’s the answer to the school- boy’s lament: “What good is soap?” Dr. Paul A. O'Leary, ° Japanese military authorities an- nounced who is head of the skin depart- ment of the Mayo clinic and therefore ought to know, says /a 10 per cent reduction in the bill’s lappropriation for airways under the} NORTHERN AIR LANE FACES TROUBLE: IN HALLS OF CONGRESS Appropriation For Lighting Route Through Bismarck May be Defeated | Washington, May 5.—(#)—A provi- | sion for establishing a lighted airway from Minneapolis to Seattle, written into the commerce department sup- ply bill by the senate, appears doom- ed to defeat. In calling for a conference on the} measure—which covers four depart- | ments of the government—hcuse | leaders pointed to this item as the| “most objectionable” change made by the senate in the course of securing i} total. The provision was inserted when the senate reduced by $300,000 the commerce department and then spec-| ified that the remaining $200,000; should be applied entirely to this one} line. | “It is the most objectionable of all amendments inserted in the bill,”| said Chairman Byrns of the house; etal meteorologist here, said Thurs- | jappropriations committee, “and its! elimination is the chief reason for sending the bill to conference.” Representative Oliver of Alabama, chairman of the subcommittee that. drafted the bill, held it “illogical” to curtail the total drastically and then limit the remainder to establish “an entirely new route not even suggest- ed by the budget.” He said the commerce department had not recommended it. Actress and Spouse Must Serve Terms Los Angeles, May 5.—(AP)—Hav- ing lost their first move to evade serving a 30-day jail sentence, Mary Nolan, actress, and her husband, Wallace T. Macrery, Thursday in- dicated, through their attorney, they would apply for probation, or appeal to the state supreme court. The pair was convicted of violating the state labor laws on March 11. The appellate department of the] @ superior court Wednesday upheld the conviction and sentences. Miss Nolan, formerly known on the New York stage as Imogene Wilson, and Macrery, were convicted of failing to pay employes of a gown ae which they operated in Holly- wood. Reduces Sentences | Late News Bulletins (By The Associated Press) BREAK FORGERY RING New York—Six persons were arrested here in connection with an alleged plot to counterfeit stock certificates of the E. I. Du- Pont De Nemours company. Inks, Presses, plates and some com- pleted forgeries were taken in a raid. RAPS GOLD STANDARD Weshington—Asserting that the world has acquired a “gold mentality” since 1925, Senator Borah Tuesday said some better medium of exchange must be found to bring economic re- covery. He urged restoration of sil- ver as a money metal. PROBE VOTING FRAUDS St. Paul—A grand jury here began investigation of alleged frauds in the city election last Tuesday. One of the first wit- nesses was William Mahoney, mayor-elect. GUARD OHIO REALTOR Cleveland, O.—Ellsworth Augustus, real estate dealer and golf star, was being guarded following an attempt to extort,$25,000 from him. His life and that Sr his wife and family were threatened in notes and telephone messages, GIVES DRY LAW VIEWS Grand Forks—State's Attorney Henry G. Owen told a regional meeting of the W. C. T. U. that the prohibition laws would be easier to enforce than most other statutes if police officers, state's attorneys and government offi- cials took their oaths of office seriously. DELAY BONUS VOTE ‘Washington—A vote on the pro- posed $2,010,000,000 new-money re- demption of the soldiers’ bonus to- | day was delayed until Friday by the house ways and means committee. WOULD CUT DEFENSES Washington—A proposal for a year’s suspension of expenditures for military and naval construc- tion was offered in the senate Thursday by Senator Frazier (Rep., N. D.) as a substitute for a bill to build the navy up to treaty limits. All Parts of State Favored With Rain With Minot reporting almost two inches and Jamestown and Devils Lake more than an inch each, North Dakota received a general rainfall during the night, O. W. Roberts, fed- day morning. A particularly sharp peal of thun- der, which brought many Bismarck residents to sitting postures in their beds, was the signal for the begin- ning of the rainfall here. Precipita- tion in the Capital City overnight to- taled .27 of an inch. Many who were awakened by the thunder were kept awake for some time by the honking of wild geese. who continued their northward flight despite the electrical storm. Minot received 1.80 inches, James- town 1.32 and Devils Lake 1.08. Pre- cipitation at other points was report- ed as follows: Amenia .05, Beach .10, Bottineau .35, Crosby .01, Dickinson 23, Dunn Center .45, Ellendale .07 Grand Forks .43, Hankinson .02, Lari- more .93, Lisbon .21, Max .35, Napol- eon .16, Oakes 57, Pembina .30, Wil- ston trace, Wishek .24, and Fargo .02. * Police Reserves | Protect Sparrow a sparrow can’t go about her busi- ness without a lot of attention from New Yorkers. Because a bird picked Broadway near Times Square as a likely place for a nest, police reserves were called to disperse gaping throngs. Scarface Al Capone Becomes Number 40,886 at the Atlanta Federal Prison Atlanta, May 5.—(?)—“Scar- face Al” Capone began a new life ‘Thursday as convict No. 40,886 in the Atlanta federal penitentiary. ‘The Chicago gang leader was just one of 3,100, as he was put through examinations to see where he would best fit into the prison routine. Capone stepped into the prison office Wednesday night and as far as the public was concerned he might have been stepping from the face of the earth for about seven and a half years, long enough for even the notor- iety of a Capone to become dim. As Capone began serving his ll-year sentence for income tax evasion, his story became the there are 640 kinds of skin di- sease and soap is the best treat- ment for 500 of them. story of all the other prisoners. It starts with first call at 4:45 o'clock in the morning and ends with “lights out” at 9 p.m. It includes meals at about 22 cents per prisoner per day, work in the various prison shops or at odd Jobs, and possibly an evening's entertainment of moving pic- tures, boxing or amateur thea- tricals. Capone checked in his flashy and expensive clothing and was given a uniform of cotton shirt, trousers and jacket, all grayish blue. He must submit to a prison haircut and remain in quarantine for three or four weeks. He can expect an assignment at the end of that period to either the laundry or the tailor shop, If he behaves himself and shows ability, he can look for- wine arn e for study and reading. lauartet Convicted of Slaying Native Serves Hour in Sheriff's Custody LAW Movement is Being Launched to Obtain Full Pardon For All Defendants Honolulu, May 5.—(AP)—A move for an outright pardon for Mrs. Granville Fortescue and three naval men convicted of lynching Joseph Kahahawai was pressed Thursday after the quartet had fully satisfied the law by spending one hour in cus- court session to 10 years in prison for manslaughter, they were imme- sentence to one hour by Governor With the case closed, the New York society woma: was expected to leave Hawaii soon to join her author husband in the east. Her son-in-law, Lieut. Thomas H. Massie, and two enlisted men, Albert O. Jones and E. J. Lord, will probably be transferred to other posts. The governor’s order also appar- ently paved the way to dropping re- trial of the four surviving men ac- {cused of assaulting Mrs, Thalia Mas- sie last September. The commutation also saved the navy men from having their service records marred by imprisonment. Cap: tain Ward Wortman, Massie's com- mander, said federal action would have been necessary to clear their records had they actually been com- mitted to prison, even for an hour. Harry Hewitt, attorney general, said the commutation, did not constitute a pardon and did not restore to the four their civil rights. Clarence Dar- row, veteran chief of defense counsel! be taken to restore them; we are sat- isfied.” | Hewitt said he had not determined jWhether they could be pardoned by | the- president but added that such ac- | tion would be “an extraordinary pro- cedure.” A move for an outright par- don was begun by a group of citizens. on the petition of the four defendants and their counsel asking executive clemency. The governor also made public a petition bearing the names {of 104 members of congress asking an unconditional pardon for the four. The four were convicted last Fri- ‘day after a long trial climaxed by Massie’s testimony that he shot Ka- ihahawai last January 8 upon hearing the native confess participating with |four other men in a criminal assault upon his wife. Mrs. Fortescue, mother of the at- tack victim, and the three navy men will probably leave Hawaii and the four men awaiting retrial on Mrs. Massie’s charges probably will not be retried as a result of the commuta- tion. | ORDER TRANSFER OF NAVY DEFENDANTS | Washington, May 5—(?)—The navy} department, on recommendation of | Rear Admiral Yates Stirling, com- mandant of the Hawaiian naval dis- trict, today ordered Lieutenant Thomas H. Massie to duty in the San Francisco naval district. A recommendation was awaited from Stirling regarding the transfer of the two enlisted men, A. O. Jones | and Edward J. Lord, also convicted | in the slaying of Joseph Kahahawai. Expect Rum Runner To Die from Wound New London, Conn., May 5.—()}— The 60-foot speed boat Scipio of Bridgeport, an alleged rum runner, was captured off Fisher's Island aft- er one of her crew had been wounded severely by a machine gun bullet from @ coast guard best. The wounded man, known to his shipmates only as Charlie, was shot in the head. the bullet fracturing his skull. Hospital officials said he prob- ably would die. Coast guardsmen, who brought the Scipio to New London said she carried 400 cases of liquor. Officials said the service vessel re- sorted to machine gun fire after the Scipio had ignored several warning shots from @ one pounder. Fargo-Moorhead Span May Be Closed Soon Fargo, May 5.—(AP)—Possibility | that the 50-year-old south bridge between Fargo and Moorhead, Minn., may be closed to traffic until a new span is built loomed Thursday as a result of a conference between Mayor C. I. Evenson and C. H. Luckey of Moorhead and the Cass county, North Dakota, board. It was announced an inspection revealed the bridge to be in a weak and poor condition and that load restrictions would be put in force on the Moorhead end of the structure. RETIRED ADMIRAL DIES New York, May 5.—()—Rear-Ad- miral Colby M. Chester, 88, retired naval officer who died Wednesday night, will be buried in Arlington na- tional cemetery after a Washington funeral in charge of the navy de- partment, 4 IS FULLY SATISFIED; tody of the territorial high sheriff. _ | Sentenced Wednesday in a surprise | diately granted a commutation of; i Lawrence M. Judd. \ jsaid he thought “federal action might | In commuting the sentence, Gover- | ° pa pce stale tc ® Goes Free Sunday ALBERT B. FALL ALBERT B. FALL 10 _ LEAVE PRISON WHEN One-Time Cabinet Officer Will Not be Required to Expiate Heavy Fine Washington, May 5.—(4)—Depart- ment of justice authorities will see to jit that Albert B. Fall goes free next | Sunday. Warden E. B. Swope of the New Mexico state penitentiary Thursday ; Was directed by Attorney General j Mitchell to free Fall at the expiration of the term for which he was sen- tenced. Swope had raised a question as to whether Fall should be freed in view of his failure to pay the fine of $100,- 000. imposed along with the prison jsentence. The former secretary of the interior was convicted of accepting a bribe while a member of the Harding Cabinet in 1922. Normally fines must be paid before release, or a pauper'’s oath must be taken, followed by brief confinement j to work out the fine. nor Judd announced he had acted up-| SENTENCE IS ENDED WASHINGTON WOMAN PAID $100,000 BUT IS VICTIM OF HOAX |Gaston B. Means, One-Time | Friend of Harding, is Ar- rested in Case CHARGED WITH LARCENY | Told Publisher’s Wife He Was in Touch With Kidnapers and Got Money Washington, May 5.—(?)—Gaston B. Means was arrested Thursday by \department of justice agents who charged he had obtained $100,000 — Mrs. Edward B. McLean, wife of the Washington Post publisher, on representations he would receive the Lindbergh baby. He was charged with larceny after rust. Means, a former department of jus- tice agent, has served a term in the Atlanta penitentiary for accepting » bribe and for consipracy to violate the prohibition laws. District Attorney Leo A. Rover said the warrant on which he was ar- rested charged that shortly after the abduction of Charles A. Lindbergh, dr, on March 1, Means represented to Mrs. McLean he was in contact with the kidnapers and received $100,- 000 from her on his assurance thaw he could bring about the infant's re- turn. Means first was taken to the de- partment of justice for questioning by J. Edgar Hoover, director of the Bu- reau of Investigation. He was to be taken later before a United States commissioner. Rover said he would ask that he post a $100,000 bond. The warrant was issued secretly after being sworn to by a governmer:t investigator. The investigation was made under direction of John M. Keith of the Bureau of Investigation, }who acted on orders of President | Hoover. | Means was a close friend of the }late President Warren G. Harding, |and was involved in the scandals re- {sulting from the alleged activities of | Harry M. Daugherty, attorney general jin the Harding cabinet. He also is author of a book which {purports to reveal “inside” facts re- {garding the federal government at {that time. ase | 4 " The name of Representative Thatch- | jer of Kentucky, Massie’s native state, ! j headed the signatures. H But, the justice officials explained. | Fall's sentence was worded differently | and does not exact payment cf th>! fine as the price of freedom. If the fine remains unpaid they can obtain a judgment against him, although they did not say this would be done. The one-time cabinet member, only man to go to prison as a result of the | naval oil lease scandals of the Hard-| ing regime, began his prison term last | June. With time off for good behay- ior, it expires May 8, Sunday. NORTHWEST MARBLE. IS SUGGESTED FOR CAPITOL BUILDING ws css zine posses \of Texas, Thursday was counted back jamong the Democratic nomination Montanan Says Product of His. possipititics. State Would Fit Archi- | His own state's assured 46 conven- ;tion votes, plus the 44 of California, tectural Scheme ; gave him second place in the running, behind Franklin D. Roosevelt's 313. Fargo, May 5.—(AP)—Northwest | Behind him come J. Hamilton Lewis, GARNER’S VICTORY | AIDS STANDING IN PRESIDENTIAL RACE Texan Looms as One of Lead- ers at Democratic Nation- al Convention (By The Associated Press) With clear cut victory in Califor- | building material, a beautiful marble for a northwest capitol, is the pro- posal of the Northwest Improvement | company which is now actively bid- ding to supply Travertine marble for the new capitol building at Bismarck from the quarry now being opened at Gardiner, Mont., according to P. E. Thian, construction engineer for the Northern Pacific, who passed! through Fargo Wednesday. Mr. Thian, who had recently been} in Chicago in conference with Hola- | bird and Root, associate architects | for the new 18-story tower type capitol for North Dakota, said he was on his way to Gardiner to direct the opening of the marble quarry. “We have an immense supply of aj wonderful quality of marble,” he said. “We feel we are opening up a big new industry in the northwest and if we can obtain the contract for material for the new capitol it] will give employment for many! workers.” | Thian explained the marble was of | the quality termed Italian. It is a travertine rock and the quarry offers white, variegated and beautifully tinted marble which he said is suit- able for both exterior and interior | finish. The North Dakota capitol commis- USED STOLEN AUTO St. Paul, Mey 5.—(?)—Bandits who raided the Citizens State Bank of Ty- ler, Minn., Wednesday of approxi- mately $2,000 used a car bearing li- cense plates stolen from a machine at Glencoe six weeks ago, Melvin Passolt, head of the State Crime Bu- reau, disclosed Thursday. FIX GOLF CONTEST DATES New York, May 5—(#)—Dates for Walker cup i sion will be asked to consider use of | this building material, Thian said. | '58; Alfred E. Smith, 46; James A. Reed, 36, and William H. Murray, 23. Smith may pass the Garner mark. however, Every prospect is for the nomina- tion to depend upon a contest in the national convention at Chicago, though Roosevelt supporters, angling for the favorite son votes of Illinois, Ohio, Virginia, and others, insisted all the California defeat meant was prob- able failure to win the nomination on the first ballot. Suggestion of 2 Roosevelt-Garner ticket came from Lewis, the Illinois favorite son. Smith forces, not expectant of nom- ination for their leader, expressed jubilation at the Roosevelt defeat. as @ positive stopper of his runaway pre- jeonvention race. Of the votes not yet assigned, 188 delegates have been chosen but are in the doubtful class, and 446 remain to be selected, including those from Texas, pledged to Garner, which will be chosen in state convention May 24 With 9,896 of the 10,271 precincts counted the California vote stood: Garner 214,647. Roosevelt 169,219, Smith 137,420. ALABAMA TO FACE RUN-OFF ELECTION Montgomery, Ala. May 5.—(P}— Roosevelt - pledged delegates main- tained a commanding lead in returns from the Alabama Democratic pri- mary today but a run-off between the incumbent dry senatorial candidate and a referendum advocate appeared probable in that race.