The Bismarck Tribune Newspaper, December 28, 1932, Page 1

“Wes ‘ ~ ? vm. 4 % we 3 a we 2 + ene North Dakota’s Oldest Newspaper ESTABLISHED 1873 Roosevelt Spikes Sales Tax Idea Will Continue Efforts to Return Samuel Insulin FUTUREPROCRDURE, |{—Hetvwoodsizea—{|REPORT DISCLOSES |EZLe ey | 3700 TEMS GIVEN HOWEVER, PUZZLES CHICAGO OFFICIALS Greek Court Tuesday Refused to Extradite Former Utilities Czar MAY RETURN VOLUNTARILY Appeal From Decision and Ap- proach From Another Angle Considered Chicago, Dec, 28.—(#)—The fight to bring Samuel Insull, Sr., back to the U. 8. to face his accusers is to go on, but there was a big question mark ‘Wednesday as to the method of pro- cedure. ‘This was indicated by the prosecu- tion, which accused the former utili- ties czar of larceny and embezzlement on which the Greek court of appeals at Athens refused to order his ex- tradition to the U. 8. on the ground depositions failed to support the alle- gations. ‘There was a possibility State’s At- torney Thomas J. Courtney would ask the state department at Washington to request the Greek government to deport Insull to some country from which he might be extradited, but he declined to five a definite answer. His reply was he “would make every effort” but beyond that he would make no further comment. He did say, however, that he would first ask Assistant State’s Attorneys Charles A. Bellows and Andrew J ‘Viachos to see if it is possible to ap- peal from the decision of the Greek court, which held Insull had no frau- dulent intention when payment of $66,000 and $104,000 allegedly were made to brokers by Oliver McCormick, treasurer of the utilities concerns, in behalf of Insull’s brother, Martin. The latter now is out on bond at Orills, Ont,, pending the state's next move on charges similar to those made inst his brother. “eal efforts to guard against tech- nicalities which might prevent Mar- tin’s extradition, the prosecutor said, would be made. Meanwhile there is to be no let up ‘in the federal government's inquiry into the affairs of the Insull compa- nies, Melvin H. Purvis, chief of the Chicago office of the bureau of in- vestigation in the department of jus- tice said. Should federal indictments be voted against the Insulls the gov- ernment is expected to begin its own extradition proceedings, independent of any action which may be pending in the courts of Cook county, Chicago. ‘The word of the Greek court's rul- ing Tuesday prompted Former Assist- ant State’s Attorney Hampton to say that apparently the Athens tribunal had taken upon itself the right to say whether the allegations against Insull were criminal in Greece. ‘The court’s decision likewise led to speculation as to what the elder In- sull’s next press would be. At ~ int in the Athens Counsel sald Insull did not wish to be carried back to America a prisoner, but rather desired to establish his in- nocence and then return voluntarily. CLOSE CHAPTER ON PRESENT CHARGES Athens, Greece, Dec. 28.—(#)—Fur- ther proceedings cannot be taken in Greece against Samuel Insull on the same.charges on which a court Tues- day ruled he was unextraditable, a legal authority said. The decision was binding upon Greek executive authorities, barring them from further steps should they Pealal be 80 inclined, it was declared. President Georgopoulos, of the court of appeal, said there has been no ‘at- tempt by executive powers to influ- ence the court. (It ruled Insull could not be extradited to the U. 8. on the evidence which was intended to show him guilty of larceny and embezzle- ment in connection with the collapse of his Middle West Utilities enter- prises). “Even had they tried to influence us,” the court president said, “Greek judges, you know, pay no attention to e@nybody’s pressure.” THE BISMARCK TRIBUNE Anna Sten, Soviet Russia’s gift to United States movie fans, has be come Hollywood-ized—in fashions at least. Star of many European film successes, the blond Miss Sten has quickly accepted American styles. Here she is as she started work for her first Hollywood picture. CERTIFICATES FOR CAPITOL ARE NOT STATE OBLIGATION Attorney General Says Indebt- edness Chargeable to Cap- ® jtol Fund Only Certificates of indebtedness issued by the North Dakota capitol commis- ‘sion do not constitute an indebtedness of the State of North Dakota but are @ charge only against the state capl- tol building fund out of which the certificates are payable on their ma. turity, according to a formal opinion announced Wednesday by Attorney General James Morris. The capitol commission has soli $400,000 of certificates of indebtedness to the Bank of North Dakota. The certificates are issued against unas- sessed and uncollected taxes of the future and are to be retired as the money becomes available. After studying the transcript per- taining to the issue of the certificates, Morris said the certificates comply with the provisions of the capitol com- mission act. The capitol building fund, he said, is not devoted exclusively to the re- tirement of the certificates. As a practical matter, Morris added, it would appear that the certificates are in fact payable out of any moneys left in the capitol building fund after the capitol building has been con- structed and equipped “to’ which resi- due will be added from time to time money realized from lands belonging to the state capitol land grant trust with all other income accruing to said trust” pursuant to the capitol com- mission act. “In my opinion,” Morris said, “the state may authorize and has author- ized the issuance of certificates of in- debtedness against the prospective in- come of such trust for the purpose of building a state capitol.” The attorney general called atten- tion that there will accrue Yo the cap- itol building fund moneys realized from the one-tenth of a mill tax levy for erecting and equipping the struc- ture. “This levy, however, is not an irre- ble levy,” the opinion continues, “and may be increased, decreased or entirely abolished by any succeeding Jegislature. You will therefore know that no sinking fund is provided for out of which payment of these certi- ficates is to be made. They are, how- ever, legally and regularly issued and payable out of such funds as may be in the state capitol building fund at the time the respective certificates mature. This fund can be used for no other purpose than to erect and tquip @ state capitol building and pay state capitol building fund certificates.” Robber Suspects Plead Not Guilty Dec, 28—(P}—Three men indicted Tuesday on murder and charges in the Third into court . Attorneys. for Newbern for an extension of time, which was de- nied. Goff then said he would move] for the trial of Hankins first. New- the eke jail and Devolt _ was brought. down and entered not to similar indictments. at- indicated the defense would be seady at that date, \ INHEART CAMPAIGN’ “ay Head Bank] Articles ‘Donated By 315 Per- sons Distributed By Legion to 324 Families 81 CHILDREN OUTFITTED About 40 More Will Be Cared For When School Re-Opens, Chairman Says Bismarck’s American Legion “Open Your Heart” campaign distributed 3,700 articles to 324 different families during its annual pre-holiday activ- ity, a report issued Wednesday by L. V. Miller, campaign chairman, dis- closed. And its work is not yet finished. Because some school children who were recommended for shoes and clothing were ill at the time their comrades were outfitted, a cash fund was set aside to take care of them lat- er. These will be assembled as soon as school re-opens and outfitted on recommendation of Miss Esther Teich- mann, school nurse, Miller said. The number is expected to reach 40. The total of those already cared for is 81. Although the original intention was to confine purchases to shoes and overshoes, the dire need in many cases made it necessary to buy underwear, shirts and stockings and in some cases to supply two or more of these items so that children could have “a change.” One boy was completely outfitted except for an overcoat and cap. The financial report of the work shows a profit of $116.64 on the an- nual Charity Ball and $356.64 donated by citizens of Bismarck and vicinity, a total of $473.18, Of this sum approximately $200 re- mains to be used in outfitting school children. Miller made it plain that it wifl not be used for any other pur- Pose since the general work of the “Open Your Heart” committee has been completed for this year. The number of donors, including those ‘who gave cash, was 315 and items contributed included clothing, shoes, bedding, household equipment and toys. Of the 324 families which received aid the smallest gift was one item, the largest 90 items. This big pack- age went to a family listing seven children between the ages of one and 12 years. The average gift was 112 articles per person or family helped. ;, One of the unusual cases handled iby the “Open Your Heart” campaign was that of a “very young” married woman who was soon to become a mother, Miller said. The only pre- paration she had been able to make for the event was to make two baby nightgowns. From the gifts donated to them the Legionnaires selected a complete baby outfit. It was listed as one item. In addition to the distribution of clothing and similar items, the com- mittee sent out 125 boxes containing candy, nuts and toys. Of these 90 went to city families and 35 to fami- lies in the rural sections of Burleigh county. Miller made special mention of bus- iness houses which made generous donations of toys, clothing and other merchandise to the campaign. Firms listed were A. W. Lucas company, Dahl Clothing company, E. B. Kléin, 8 and L Store, Winston-Newell, The Children’s Shop (Mrs. Kennelly); Capital Army and Navy Store and a store at Regan. WINNIE JUDD CALLED BEFORE GRAND JURY No Details Divulged as Doomed Slayer Is Taken From Her Prison Cell Phoenix, Ariz. Dec. 28.—(?)—Win- mie Ruth Judd, sentenced to hang year, to and John Hulteng, Winthrop Aldrich, kin of the Rocke- fellers, may head the largest bank in the world—the Chase National bank in New York—as a result of the announced resignation of Albert H. Wiggin, chairman of the bank. Aldrich is vice chairman and presi- dent of the bank now. POTTER'S CLEMENCY REQUEST DENIED BY N. D. PARDON BOARD Applications of Two Other ‘Lif- ers’ At Penitentiary Also Considered Clemency for Raymond , Potter, serving a life term in the state peni- tentiary for first-degree murder, has been denied by the state pardon board. The board, at a special meeting which began at 2 p. m. Tuesday and {continued until past midnight, heard numerous pleas for Potter's release. Attorneys, jurors and the judge who figured in Potter's two trials, the first of which was a disagreement and the second resulting in conviction, ap- Peared before the board. Potter asked for a commutation or pardon. The attorneys, judge and jurors who Participated in the Potter trial were heard by the board at a special hear- ing at which other pending applica- jtions for clemency were also consid- red. Scott Cameron, Bismarck, who de- fended Potter; F. E. McCurdy, former state’s attorney; John Sullivan, Man- dan, special prosecutor; George 58. Register, present state's attorney; Hugh McCulloch, Washburn, now rep- resenting Potter; District Judge Fred Jansonius, who presided at the trial, and several jurors in the first of the two trials of Potter were heard by the board. Potter himself also appeared before the five members of the board. Application of two other “lifers” were considered by the board, and in both cases recommendations made to the next pardon board to give the eases further consideration. The board recommendell that the case of Joseph Thronson, serving a life term since January, 1920, be in- vestigated after he has served 50 per cent of his life expectancy, which is about three years hence. He was sentenced from Grand Forks county by the late Judge A. T. Cole after pleading guilty to a charge of murder. Consideration of the case of Clar- ence Orton, sentenced from Towner county April 17, 1915, also was rec- ommended at the end of the 50 per cent life expectancy period, about three years from now. The pardon board’s meeting is ex- pected to be the last to be held by the first of the year, while the third ex-officio member, Chief Justice A. | M. Christianson, is to be replaced by new chief justice to be chosen by the supreme court. The two appoin- tive members, J. E. Davis, Grand 5 were appointed for the duration of the governor’s term. ced, College Offers Matrimony Course To Combat Evil of Modern Divorce Drerace for vrebp gl to solve family problems 0! already wedded, Butler, University Wed- announced it will offer a course in marriage. ‘The instructor will be Charles R. Metzger, 39, twice-married at- torney divorce cases. The of the- ction Contest Hearing Is Begun) ARMY INMANCHURIA | County Judge Davies Testifies to Ballot Tampering in Commissioner Case TIEDMAN-MOYNIER IN FIGHT Seat on County Board Involved in Battle ‘Over Result of Last Election Hearing of the contest in which Victor Moynier challenges the election of H. F. Tiedman as county commis- sioner from the Fifth Burleigh county district was begun Wednesday in Bur- leigh county district court before Judge Fred Jansonius. No sooner had the hearing begun than it developed ‘that ballots cast in second and third precincts of the first ward in the city of Bismarck had not been delivered to County Judge I. C. Davies, as required by law. . Davies’ story, as told from the wit- ness stand, was that a number of metal cans had been placed in the lobby outside of his office shortly af- ter the election. Some contained un- used ballots which were to be returned to the county auditor and some ap- Parently contained the ballots cast in the precincts mentioned. Since they had not been delivered to him, Davies paid no attention te them and there they remained. On the evening of either November 26 or 28, he said, he noticed that some of them should have been delivered to the county judge. On the evening of November 29, Davies said, Tiedman inquired how the ballots cast at the election were being kept. Davies informed him re garding those in his custody and called attention to the status of the ballots cast in the second and third precincts of the first ward. County Judge Surprised The next morning, Davies said, he came to his office at 9 a. m., and found his desk chair filled with pack- cast in these precincts. The padlocks had been removed from the meta! cans and the cans were empty, he said. Immediately he called in witnesses and had the chair and its contents hhotographed. . Tie ca, with the packages piled in it as Judge Davies found it, was presented in court Wednesday morn- ing. On top was a large package con- taining two big rolls of paper, one of party ballots, on which the names of Tiedman and Moynier appeared at ithe election. Another package con- tained envelopes in which absent vot- ters ballots were received Objection was made by Zuger and Tillotson, attorneys for Tiedman, to offering these in evidence on the ground of opportunity to tamper with them and Scott Cameron, Moynier'’s attorney, withdrew his proposal that they be accepted. Ballots from the other 11 precincts in the commissioner's district were offered, however, and accepted by the court over the objection of Tiedman’s attorneys, who contended they had not been delivered to the county judge in the manner provided by law and that they had not been prop- erly sealed before such delivery. on their face they had not been tampered with. Discussing pee the ballots the status of lo from the two disputed precincts, Da- vies said the cans were unlocked on the morning of Nov. 30, when he found his chair stacked with pack- ages, and that he did not have the key to the cans. His office was locked, he said after leaving the wit- ness stand, but there was no evi- dence of the lotk having been tam- pered with during the night of Nov. 29. Cameron said he would delay any attempt to offer the disputed ballots in evidence for the purpose of @ re- count and might never offer 1» ing he did not know they had With the sealed packages contain- George| ing the ballots from 11 precincts of- fered in evidence, the court suggest- ed that both the contestant and con- testee appoint bailiffs to make a re- Tiedman, contestee, appo! nce of attorneys for the cont parties, Judge Jansonius (Continued on page seven) ages which evidently were the ballots] which evidently was a bundle of no./ nese forces in Manchuria at present Upon examination,. however, Judge’ sical steps” to gain the office before Jansonius declared that they showed | next, acanay, . been tampered with “to that extent.”| BISMARCK, NORTH DAKOTA, WEDNESDAY, DECEMBER 238, 1932 JAPS WILL BOLSTER DESPITE DEPRESSION Declare They Are Just Trying to Catch Up With Other Major Powers DECLARE ‘CRISIS’ EXISTS Parliament Next Month to Take Action on Largest Budget in History Tokyo, Dec. 28—()—Plans to bol- ster Japan's military strength in Manchuria were announced by the war office. i Basic changes in the nation’s en- tire military establishment and its administration also were to be ef- fected. Modernization of arms and equipment and the training of at least 100,000 officers and men in their} . use were important phases of the re- form plan. It was announced that, although the number of units would be but! little increased, the quality of equip- ment of Japan's forces in Manchuria} would be greatly improved. More airplanes, tanks, heavy guns and mo- torized units and improved methods) of communication would be pro- vided. For this purpose, the forces re- maining in Japan proper would be reduced as much as possible. Funds needed for the readjustment were} included in the army's 448,000,000 yen | budget for 1933-34 announced Nov. 25. (This is abqut $94,000,000.) The war office statement said, al- though the empire was in the throes of a world depression, further post- ponement of army readjustment was impossible “in view of the present crisis.” Swollen principally by the needs of the army for another year's cam- paign in Manchuria, the Japanese budget of 2,239,000,000 yen (about $470,190,000) already has been g@p- proved by the cabinet and will come before parliament when it reassem- bles Jan. 20. The budget is the larg-| est in Japan’s history. The war office declared its pur- pose was non-aggressive and that Japan was merely trying to close a} gap by which it hitherto had lagged! behind the military progress of other | world powers. A war office spokesman said Japa- were under 40,000 men but that re-/| adjustment in the course of the bi-| ennium will make the strength from 60,000 to 65,000 well-equipped troops, State Isn’t Alarmed Over Two Governors Cheyenne, Wyo. Dec. 28—(P)— ‘Wyoming had two governors Wednes- day but apparently nothing is going to be done about it. Leslie A. Miller, Democratic gover- nor-elect scheduled to take office Jan. 2, was sworn in Tuesday by Chief Jus- tice Ralph S. Kimball of the state su- preme court. Miller said his certifi- cate of election did no specify the date he was to become chief execu- tive but that he would “take no phy- Gov. A. M. Clark, Republican, said he would not leave office until the regular time for the inaugural of new State officers. The attorney general said he be- leved a supreme court decision 30 years ago would prevent Miller from taking office before Jan. 2. Three Aged Women Perish in Flames Stanwood, Mich., Dec. 28. — () Three aged women inmates burned to death, a dozen persons suffered minor burns and cuts, and 30 more escaped early Wednesday when fire destroyed | eastern trip by @ local officer Wed-|Dalance the budget, the Mecosta county poor farm home near here. The dead were identified tentative-| ly as Lela Wilson, 75, Mrs. Hiram Smith, 65, and Emma Randall, 55, ali of Grand Rapids, Mich. Poor farm attendants who carried many of the inmates to safety were unable to| reach them on the second floor. Of the 45 inmates, at least a dozen suffered minor injuries as they fled the blaze, which started in the boile: room, An inmate, awakened at 1 a. m. by smoke, gave the alarm. Fire depart- ments from nearby towns responded. but were unable to subdue the blaze. RULES ON COAL TAX ‘ashington, Dec. 28.—(#)—Attor- ney General Mitchell will forward im- | Killers Hunted Kidnapers who killed pretty Rose Gendler, 22, above, and threw her sack-wrapped body into Rock river, are hunted by police and citizens of Island and Moline, Ill, and Daven- port, Iowa. A note demanding $2,000 ransom was pushed under the door yor the modest home of her mother a ind step-father, apparently after her murder. ROADS RENEW PLEA FOR HIGHER RATES Statistician Says 122 Systems) Are Operating At a Loss At Present Washington, Dec. 28.—()—Testi- |mony to support their plea that in- creased freight rates be continued after next March 31 was placed be- fore the Interstate Commerce Com- mission Wednesday by railroad rep- Tesentatives. Dr. Julius H. Parmelee, director of the bureau of railway economics, the finst witness, told the commission that traffic and revenues have de- clined continuously since 1929, and that the carriers as a whole have failed to meet their fixed charges. The commission granted, effective last Jan. 4, surcharges on present rates, specifying that they be dis- continued March 31, 1933. The reve- nue thus derived was ordered pooled for the benefit of roads unable to meet interest charges. The railroads asked that the in- creases be continued, but without the requirement for pooling revenues. Dr. Parmelee said that if the de- cline in total operating revenue+ of class 1 carriers continues at the pres- ent rate, the total for 1932 will be less than 50 per cent of the 1929 in- come. He fixed the net 1929 operat- ing income at $1,251,698,000, equiva- lent to a 4.81 per cent return on prop- erty investment. The return for the first 10 months of this year was es- timated at 115 per cent. The carriers as a whole, Dr. Par- melee said, failed to earn fixed charges, the net deficit amounting to $169,000,000 during the first nine months of 1932, with the total for the year likely to reach $200,000,000. The number of roads operating at a loss were placed at 122. Alleged N. D. Slayer Held Without Bond Davenport, Iowa, Dec. 28.—(P)—An nesday delayed proceedings in the case of Jack Spiesman, held on a charge of slaying an officer at Dev- ils Lake, N. D., in 1924. He is in the. Scott county jail, awaiting return of Federal Marshal Fred Hird, who went to West Vir. ginia with another ‘prisoner. Just when Hird will feturn is uncertain. Spiesman waived preliminary hear- ing Tuesday and was remanded to Devils Lake postoffice June 26, 1924. Rain Brings End to and Parently is postponed Reports that drawing troops from the battle line in. dicated Wednesday that sedefinitely, South American War was with- Weather Report - Unsettled tonight; Thursday generally fair; colder. PRICE FIVE CENTS REPORT HE URGED ADOPTION OF PLAN Democratic Leaders Begin Search Anew For Budget: Balancing Scheme CONSIDER AGRICULTURE BILL Norris Fails in Attempt to Get Committee Quorum For Beer Consideration ‘Washington, Dec. 28.—()—Means of balancing the federal budget without resorting to the sales tax were sought anew Wednesday by the Democratic leadership in congress, 3 Emphasis was placed on economy in appropriating government funds, Fixed expenditures amounting to more than a billion dollars annually came under closer scrutiny. The drive to legalize and tax beer,took on added strength. These developments followed word from Albany that President-Eleot Roosevelt was “horrified” by published reports that he had endorsed the gen- eral manufacturers sales tax as a bud- get-balancer. Previously house Democratic leaders had said that they would approve such a levy if necessary to bring the gov- ernment's income into line with ex- penditures. But when Speaker Garner was informed of Roosevelt's attitude, the tri-city community of Rockihe said that “kills the sales tax for this session anyhow.” Opposed To Principle Friends of President-Elect Roose- velt have portrayed Roosevelt as op- Posing any such’ principle of general sales taxation. The New York governor himself remained silent Wednesday on the report issued from Washington. Meanwhile his advisers disclosed what they said was his attitude toward the tax. They made it clear Roosevelt cansiders sales tax plans as belonging to two categories, the general manu- facturers’ sales tax plan and the tax on special commodities, such as the® \federal taxes now being collected on Basoline and tobacco. In general, however, they indicated Roosevelt is | Opposed to any sales tax principle. The question of sales taxation was not discussed by the New York gor ernor during any of his speeches in the presidential campaign. His posi- |tion was revealed by his associates while he was in conference late in the |day with Senator Robert Bulkley, Ohio Democrat, a member of the senate committees on commerce, manufac- tures and currency. Not In Touch With Garner Reading the Washington report which his friends said “horrified” him, Roosevelt said he had not been in iat with Speaker Garner since last week, During the day, Roosevelt conclud- ed his conversation with Norman H. Davis, who was sent by President Hoo- ver as an American delegate to the disarmament conference at Geneva. |Prof. Raymond I. Moley of Columbia university, one of Roosevelt's economic advisers, was present during part of the conversation with Davis, who out- lined a plan for an approach to the restoration of world confidence based upon disarmament. Carrying on the campaign for quick Passage of the major appropriation bills, the house Wednesday continued consideration of the agriculture de- partment supply measure. This was the third to come before it, Those three bills have been cut $425,724,000 under the current year and are $33,- pei less than the president's budget pa : No Quorum Available The senate was in recess until Fri- day, but Chairman Norris of the sen- ate judiciary committee failed in an attempt to muster @ quorum of his group to begin formal consideration of the Collier 3.2 beer bill, which al- ready has passed the house. Mean- while, a subcommittee of the judiciary group was making a study of its con- stitutional phases. Norris called a Meeting of his committee for next Monday. The Democrats have made legalized beer with a $5 tax on each barrel as a main attacking point of their drive to enact economy Measures, pass a farm relief adopt a resolution for repeal 8th amendment and thus av. immediate calling of a special session after March 4. If all this could be done, Senator Harrison of Mississippi said Tuesday, “we could get along without an extra session until late summer.’ However, reports have been fre- quent that President Hoover to the Democratic beer and farm Sneesby in an attempt to rob the |Je ment Tuesday night the Republicar: administration was engaging “in a political to prevent the enactment of‘legisin- “ (Continued on Page Seven)