The Bismarck Tribune Newspaper, February 23, 1933, Page 1

North Dakota’s Oldest Newspaper ESTABLISHED 1873 THE BISMA ISMARCK, NORTH DAKOTA, THURSDAY, FEBRUARY 23, 1933 ARCK TRIBUNE Weather Report Generally fair it and Priday; little change in perature, PRICE FIVE CENTS Anti-Foreclosure Bill Passes Beer Control Bill Is NEASURE PROVIDES FOR STATE. STORES TO MARKET PRODUCT Vinous Liquors Also Are Per- mitted Under Proposal; Debate Is Bitter POSTAL AMENDMENT FAILS Bangert Proposal to Require Delivery By Mail Is Re- jected By Solons Provisions for the regulation of beer and vinous liquors in North Dakota through municipal liquor stores are set forth in a measure passed by the state senate Wednesday night. The vote was 26 to 23 anda “clincher” motion was attached. “Drop a postcard into the mail box in the morning and get your liquor at home in the afternoon” was the suggestion for an amendment offered by Senator Charles G. Bangert of Ransom county who offered it as & means of having liquor delivered at home instead of buying it personally at a “store. The bill set up the machinery to “control and regulate” distribution and manufacture of liquors if and when congress repeals the 18th amendment. The liquors would be sold through a Serna eho store, remaining open from 9 a. m. 9 p. m. providing for a record show. ing the name and address of purchas- er, and quantity and kind of liquor urchased. a Provisions are made to make it the duty of peace officers to enforce. pro- visions of the act and provide for re- call of any officers not doing s0. Motion Draws Argument Debate on the bill centered on & motion of Senator Bangert to have the store close at 4 p. m., instead of 9 p. m,, and providing that no orders be taken except through United States mail. “If we must have ‘liquor, Bangert said, let us fix it so one can only get it through the mail and delivered at . Senator D. H. Hamilton of McHenry opposed the amendment vigorously. “There is no sensible person in the United States but knows that prohi- hition is going,” he declared. “I used to ride 45 miles through cactus and sagebrush to get @ drink because we couldn't get any anywhere; now you can get it anywhere.” He pleaded for regulation and said Bangert’s amend- ment would kill the bill. Replying to Hamilton, Bangert said if the matter is control,” certainly my amendment is in order.” “One just: drops a post card in the mail box, un- der my amendment, and the liquor is delivered to the home by U. 8. mail in the afternoon.” Senator Bonzer asked how people were going to get one of the “old fashioned beer kegs in the mail.” Con- tinuing he said 25 other states are busy now working out repeal legisla- tion and setting up regulations. ‘Those voting nd eos Haag metaiey Bonzer, Cain, Dubay, ler, Greene, Gronvold, Hamilton, Indergaard, Jones, Kamrath, Larson, Lynch, Mar- tin, McDonald, Matthaei, Miller, Plath, Porter, Regeth, Simonson, Stucke, Trout, Trovatten, Whelan, ‘Whitman and Wog. ‘Those voting against were: Atkins, Bangert, Brostuen, Burkhart, Bruns- dale, Drew, Erickson of Burke-Divide, Erickson of Kidder, Eastgate, Field, Fine, Fredrickson, Handley, Lind, Magnuson, Marshall, Miklethun, Mur- phy, Olson, Patten, Tinnes, Thorson: and Watt. Cermak Has Relapse; Doctors Are Worried Miami, Fla., Feb. 23.—(#)—Physi- cians posted constant. watch over Mayor Anton Cermak of Chicago to- day as colitis caused fluctuation of his condition ahd sapped strength al- ready taxed by an assassin’s bullet. The close attendance was decided ‘upon after a midnight conference that followed what the physicians describ- ed as a flare-up of Mayor Cermak's intestinal symptoms. Dr. Prank Jirka, the mayor's son-in-law, and Dr. J. W. Snyder elected to stay with the pa- ful” than earlier in the evening and his pulse and temperature dropped. Dr. Snyder said at 2: m., that im “The wound,” the physician added. “is a thing of the past.” The colitic condition, he explained, now is para- mount and it was this intestinal dis- order THREE DIE IN FIRE Kingston, Ont., Feb. 23.—(#)—Three little children lost their lives in » fire ill Decide Japan’s Policy for Peace or War ae en cei cts wontncino Sad, These yellow men in gold braid and | silver lace may play Part in determining of the world. They of the Japanese cabinet which is re- Ported ready to leave the League the invasion of Jehol. latest portrait of the Japanese binet shows the venerable premier, count Makoto Saito, center, pre- over @ formal session. Other Ichiro Hatoyam, education; Gen. Sadao Araki, army; Nagai, overseas affairs; Baron Kuma- kichi Nakajima, commerce; Matsu- |kicht Koyama, justice; Fumio Goto, Passed by State Senate |Sales and Income ys; Count Yasuya Uchida, foreign affairs; Premier Saito; Baron Tatsuo Yamamoto, home affairs; | Hiroshi Minami, communications. QHN GAMMONS T0 Night of Drinking Ended by Murder of Man at Lamoure; Good Friend Accused ENTER FORMAL PLEA IN COURT MARGH 2 John F. Sullivan, Counsel, Indi- cates Defendant Will Stand Trial John Gammons, former secretary of the state securities and industrial commissions, will enter his plea to a charge of embezzling state funds at 2p. m. March 2, when he appears be- fore Judge Fred Jansonius in Bur- leigh county district court. Time for the plea was set when Gammons appeared before Judge Jan- sonius Thursday afternoon. John F. Sullivan, Mandan, retained as counsel to assist Charles Simon in defense of Gammons, announced] before the proceedings that his client would plead not guilty to the charge and stand trial. At Gammons’ appearance Thursday, the complaint signed by James Mul loy, present secretary of the indus- trial commission, was read by State's Attorney George 8. Register. Ask Time To Consider Sullivan asked for “at least the to win acquittal for Gam- mons. Sullivan’s complete statement fol- lows: “I suppose law suits should be tried appear to have by some reliable ° Former Solons Are | Honored at Service The North Dakota legislature ‘Wednesday honored former mem- bers who have died as it observed Washington's birthday anniver- sary. In a special joint session, Dr. Murray Allen of Grand Forks paid tribute to George Washing- ton, Abraham Lincoln and Calvin Coolidge and appealed for a broader point of view in enact- ment of legislation for the state of North Dakota. Tribute to the late Lieut. Gov- ernor John W, Carr of Jamestown was paid by his business associate, Fred Kneeland. Judge W. L. Nuessle of the su- preme court eulogized the work of the late District Judge W. 8. Lau- der and Thomas H. Pugh, while members of the house and senate Presented resolutions in behalf of assembly members of their dis- tricts who have died since the ses- sion two years ago. MILLION DOLLARS FOR SCHOOL HELP VOTED BY SENATE Money Would Finance ‘Equali- zation Fund’ to Aid Strick- en Institutions An appropriation of $1,000,000 to set. up a “state equalization fund” to be used for schools under provisions of a Pending meaure providing for distri- bution was passed by the North Da- kota senate Thursday with but four dissenting votes. Explaining what the conditions are requiring the specific amount, A. S. Marshall, chairman of the education at least 1,000 rural schools over the was arrived at through figures from the state education department and @eclared many schools already are closed. Marshall told the senate a survey ‘ROOSEVELT WORKS ON APPOINTMENTS _ TO MINOR OFFICES Receives Suggestions From James A. Farley as Super- visor of Patronage Hyde Park, N. Y¥., Feb. 23.—(#)—In the seclusion of the family estate on the Hudson river, President-elect Roosevelt is scanning the Democratic Uist for the multitude of men and women he must pick to take over key positions in the government on March 4. a He has a long list from James A. Farley, the national chairman who is supervising patronage. Many names. are becoming definitely fixed in the lineup. With his cabinet well in mind, the; President-elect undoubtedly is con-) sulting these officers as to their im- mediate assistants. Some fairly def- inite guesses already can be made. William Phillips, of Massachusetts, | appears to be a probable choice for under-secretary of state and Profes- sor Raymond Moley, war debts expert, for first assistant secretary of state. In the treasury department, How- ard Bruce of Maryland is regarded as the probable under-secretary. Ar- for an assistant secretaryship there. Under Postmaster General Farley, James @'Mahoney of Wyoming and William H. Howes of South Dakota j are expected to serve as first ahd sec- jond assistants, respectively. Minnesotan Conside! The names of Vincent Astor of New York and Archibald McNeil of Con- necticut are heard most prominently for assistant secretaries in the navy. William Kemper of Kansas City is talked about for assistant secretary of war. As right-hand men for Henry Wal- lace of Iowa in the agriculture de- partment, the names of Frank Mur- phy of Minnesota and Henry Mor- ganthau, Jr., of New York stand out in the discussion. believed in line for assistant to Miss Frances Perkins, the Roosevelt choice for secretary of labor. Homer Cummings of Connecticut is marked down for the much-sought. much |hows that 1,000 schools are now in|governor generalship of the Philip- aid aE f A le seeasere EEE a ry H Agricultural College Budget Is Approved get board. which destroyed the home of Mr. and | budge! Mrs. Milton Wilson, Wednesday. The $505,619, which includes an increase |support children Robert, aged 3; Albert, 2, and ; of $27,000 over the committee recom- | always Arthur, 9 months, were alone in the house at the time of the fire ae mendations, passed the house Wed- night. | these tion.’ distress and may close before the end of the school unless they receive year j help. He added the bill provides for administering the million dollars un- &@ new set up provided in 8. B. 217, » half of the appropria- to the rural schools and the to all other schools in the according to population. Left in Bucket jurkhart of Ward coun- - state budget board a EEE 3 : EE « a wy g 2 er He rel ! 2 F & 5 s e Gf i E The vide the money, but he the . shou! . raise the money before it ated. pines, Ben Lindsey of Los Angeles, former juvenile judge in Denver, is for governor of Hawaii. Judge Bert Fish of Deland, Florida, is looked upon as the next governor of Porto Rico. Leaving late Thursday for Albany, Roosevelt will attend the annual din- ner Thursday night of the Legislative Correspondents’ association. He will motor with Mrs. Friday Roosevelt will| Dern Is Appointed Secretary of War Hyde Park, N. ¥., Feb. 23—(7)— President-elect Roosevelt Thursday named George H. Dern of Utah as secretary of war. He also announced selection of Representative Lewis Douglas of Arizona as his new budget director. HE DOES NOT CHOOSE Fargo, Feb. 23.—()—Mayor A. T. ay formal statement here Thurs- $ thur O'Brien of Washington is in line} Daniel J. Tobin of Indianapolis is) | jArgument Begun Early in Guzzl- ing Bout Inflames Mind of Alleged Slayer { i LaMoure, N. D., Feb. 23.—(?)—Mur- der ended an all-night drinking party early Thursday when Otto Wollerman, middle-aged LaMoure farmer shot to ‘death Perry Hodgins, about 45, at 6:36 @. m., in the Andrew Grain company elevator office. The fatal shot followed a night of dtinking during whick Wollerman, Hodgins and Jonn Quam, manager of the elevator, had argued. The men were good friends, LaMoure acquain- tances declared, but as the hours of drinking continued a seeming trivial controversy gripped Wollerman’s} mind so strongly that he left his of- fice, drove to his farm four miles dis- tant, got a 12-gauge shotgun and re- turned to settle his difference with Hodgins. ‘ He returned to the elevator, walked around toa window in the office, broke the glass, pushed through the weapon and shot Hodgins. Hodgins was sit- jting with Quam on a davenport in the office. The charge hit Hodgins in the throat and breast. Fired from a jdistance of nine feet, the pellets snuffed out life immediately. Wollerman, after firing the gun, re- jturned to his car and drove to his farm. He was arrested there three hours later by Deputy Sheriffs Carl John- son and A. A. Carroll. He offered no resistance. Say Hindenburg Is Barred From Public Berlin, Feb. 23.—(?)—Charge that! the door to President Paul von Hin- denburg has been closed to the pub- |lie since Adolf Hitler became chan- cellor was before the German elec- |torate Thursday. It was made last night by Fritz Schaeffer, Bavarian People’s party leader, in a campaign speech at Nur- emberg. He charged Hitlerites with seeking to curb the “free will” of the former field marshal, although under the German constitution the powers of the president exceed those of the chancellor. This came close upon a sensational report of a plot to kidnap the 85- year-old president after the March 5 election. Published in Swiss newspa- pers, it was described as “too silly” 105 8 Cons) (Uy Ge Miter” gavemn- ment. ! Martin Resolution || Dies in Committee | ¢—— Senator W. E. Martin's secession resolution, which called on 39 states to secede from the “indus- trial east” slumbered away to a Peaceful death in committee as the time expired for its consider- ation Thursday afternoon. A proposal that stirred the na- | those fellows.” | the proposal, | for “educat up the people.” 1 LUMBERMEN ELECT | Fargo, Feb. 23.—(?)—Ben Grotte, | Valley City, head of the Grotte Lum- \ber company, was elected president. Lynner of Fargo, will not be a can-/of the North Dakota Retail Lumber didate for reelection, he announced | Dealers association at. the closing business session of the 25th annual convention here Wednesday. i Tax Measures Pass WAR PLANES CLEAR WAY FOR JAPANESE IN JEHOL CAMPAIGN Bomb Defenders As Nipponese Army Continues Advance On City of Kailu ‘Mukden, Manchuria, Feb. 23—(7)— One section of a double-headed Jap- anese offensive into Jehol province ‘Thursday was closing upon the north- ern city of Kailu. Bombing planes were clearing the way. The other section halted tempo- rarily about 150 miles to the south after official reports that it com- Pleted the occupation Wednesday of Peipiao. It awaited midnight Thurs- day, time limit of an ultimatum is- sued to the Chinese Nationalist gov- ernment, before opening up with its big guns. A Peiping dispatch said Chinese forces were still holding Peipiao and Nanling, another city reported cap- tured by the Japanese in their ad- vance over the border in that region. Marshal Chang Hsiao-Liang, north- ern military chief for the Nationalist 3,000 Americans in Possible War Zone Washington, Feb. 23. — (?) — Americans in the portion of North China which threatens to become involved in Sino-Japanese fighting number approximately 3,000, most of whom are in Peiping and Tient- sin. There are 544 Marines guarding the American legation compound in Peiping and 778 members of the Fifteenth Infantry stationed at Tientsin and scattered along the railways leading from that city to Shanhaikwan and to Peiping. In Peiping there 1s an American civilian population of approximate- ly 700. American civilians at Tientsin are chiefly businessmen and with their families number approxi- mately 400. government, was expected to ignore the Manchukuo government's de- mand that he order his troops out of Jehol before the ultimatum expires. The Japanese, led by General Yo- shimichi Suzuki, were prepared to move immediately upon Chaoyang, Jehol's second largest city, some 20 miles southwest of Peipiao. Expect Quick Action This was the principal obstacle to i Senate Approves Bills to Levy on Gross Incomes; Design- ed As Replacement TWO RATES ARE PROVIDED {Wholesalers and Jobbers Get Preference; Impost Placed on Malt Syrup Two tax bills, providing for » sales tax and a gross income tax, passed the North Dakota senate Thursday. A measure to tax malt syrup, malt extract and wort and cereal beverages ‘also passed. The gross income tax establishes two classes of taxpayers, class “A”, composed of “all persons not whole- salers or manufacturers,” and class “B” composed of wholesalers and manufactures.” The class A taxpay- ers would pay the rate of two per cent on gross income, and the class B tax- Payers one-fourth of the gross in- come of persons. The sales tax measure taxes all “sales of tangible personal property and sales of personal and professional services.” It carries over 300 classi- fications, The two bilis passed four hours be- fore the expiration of time for ex- changing bills between the houses with the understanding they would be amended in the house to comprise a replacement tax. Under the malt bill, a tax of 25 cents @ gallon is imposed on all wort, five cents a pound on malt syrup or malt extract, and one cent for each 12-ounce bottle, 2 cents for each 24- ounce bottle and 10 cents a gallon on cereal beverages, The bill previously indefinitely post- poned in the senate, was revived Wed- nesday night with the consent of the assembly and placed on Thursday's calendar for final action. It now goes to the house. A bill to appropriate $335,000 to en- large the power plant at the state Penitentiary and to extend its use to the Bank of North Dakoka and state capitol, passed the senate. FARM STRIKE BILL AGAIN IS DEFEATED INN. D, LEGISLATURE their proposed advance of more than 150 miles upon Jehol City, the me- tropolis and capital. Optimistic Jap- anese leaders expected their army would be at the walls of that former summer residence of Manchu emper- ors by the middle of next week. While many have been slain and wounded during the movement of the Japanese along the Chinchow-Pei- piao railway in the last few days, the Japanese command has insisted the “real fighting” will not begin until midnight. General Chang Kai-Peng, a former bandit leader whose name meant ter- ror to many communities, was lead- ing the advance on Kailu, in the north. Native Manchukuo troops were in the forefront of both drives, aimed to bring Jehol under the rule of that government, set up a year ago by the Japanese. A Chinese army of 67,000 was con- centrated in the Kailu area, hanging together despite continual air bom- bardments by the Japanese during cent weeks. Each section of the Jap- anese offensive is estimated at only about half that size. Their planes and modern equipment, however, are in their favor. Japanese promises of work and food in return for allegiance to the state of Manchukuo were reported winning groups of irregular Chinese troops to Japan's side. Ay OFFICIAL WARNING IS SERVED ON CHINESE Shanghai, Feb. 23—(7)—Japan of- ficially informed the Chinese Nation- alist government Thursday that un- less Chinese troops are withdrawn from Jehol province Japanese and Manchukuan forces will expel them . Ing Japanese con- sul-general at Nanking, verbally in- formed Lo Wen-Kan, the Chinese foreign minister, of the demand. troops have no intention of proceed- ing south of the great wall of China, Jehol’s southern boundary, “ developments within control 6f the Chinese necessitate such action.” The spokesman stated “the com- munication is a king government which carries no time limit.” (Changeht assemble in April 18 and 19 for their 16th ual convention, Votes 64 to 39 For Indefinite Postponement of Scheme to Halt Marketing A second effort in the North Da- kota legislature to legalize farm strikes was defeated as the house voted indefinite postponement of a bill that would permit organizations with membership of 50,000 to declare @ legal farm strike. Previously, a bill offered in the sen- ate to legalize farm strikes called by any state-wide farm organization and to authorize the governor to use the militia to protect strikers was de- feated. The house vote was 64 to 39 for in- definite postponement of the bill. Having previously refused to sanc- tion a repeal of the voters’ guide card law, the house passed a similar meas- ure originating among its own mem- bers. The measure now awaits action by the senate which had previously favored repeal. Plugging along steadily, the house had cleared away all of its own bills with amendments and Wednesday worked on the last batch to be passed. It already has passed the measure transferring the department of weights and measures, formerly under the food commissioner. to the board of railroad commissioners. It has passed the bill to limit the ‘amount of agricultural statistics to be gathered by the assessors. It has voted in favor of increasing from one-tenth of a mill to one-fifth of a mill the levy to provide funds for building North Dakota's new capitol. It has agreed that county offices of the state should be open from 9 a. m. until noon and from 1 to 5:30 p. m. ‘The house passed the Ettestad-Nie- woehner bill to equalize taxes in or- ganized and unorganized townships measure permits an extra two- unorganized bringing the levy up to the level of It approved the $5,000 appropriation for the Mandan training school con- sewer. Another bill - lignite coal, thereby commissioners rates on intra-state |G. W. Young, station owner, the loss at $100,000. PERMITS COURTS 10 | DELAY ACTION UNTIL PRICES ARE BETTER Discretionary Power Vested in Judges to Protect Debtor and Creditor | FAVOR SCRIP MONEY PLAN i Tax on Chain Stores Also Wins Support in Rush to Clear | Calendar i The North Dakota house of repre- sentatives Thursday passed the Sol- berg bill permitting state courts to delay proceedings in foreclosures, The vote was 64 to 32. The bill provides that “until the price of farm products produced in this state shall rise to a point to equal at least the cost of production, in comparison to the price of other com- modities in general,” the courts of the state “shall have power, if they deem it for the best interest of both litigants, to extend the time for serv- ing and filing all papers requisite and necessary for the final determination of causes, and courts may, in like manner, stay the entry of judgment or execution thereon, or defer the signing of all orders for judgment and other process.” The measure also authorizes the courts to take “judicial notice of the situation the producers and laborers find themselves in at a time when Prices of farm products are confisca- tory, and upon the ground of public Policy may do all necessary things to if eae to carry out the provisions of Federal Courts Open L. L. Twichell, Cass, said the bill would not stop non-resident creditors from going into federal courts where the law would have no effect, ‘ pompd aie ae the author, said arm ices are ‘iscatory now ers feel the bill is just. — “We want justice,” he added, “and the bill will help.’ The house passed a bill for ereat- ing ai fire and police pension fund. measure to compel ts jall state, county, ometiny arte popes and school district funds in the Bank of North Dakota was declared dee feated for lack of a constitutional majority. |. The house also passed @ self-re- ;deemable scrip money plan, | Two other proposals for scrip previously were killed in the house. The vote was 92 to 12. Is Tem Measure The preamble of the bill says that, “Whereas due to the financial con- dition of our people, the revenues of ithe state and political subdivisions |have been seriously » be- jcause of the inability of the people |to pay their taxes, and a large {amount of taxes are now delinquent ‘with little or no ability on the part of the taxpayers to pay, and it be- {ing imperative that Provisions be made for the liquidating of said de- ;inquent taxes and obtaining tempo- jrary relief from the present situa- tion, the legislature of the state of North Dakota deems it advisable to = the pene of the state to use in lieu of money self-liqui- dating: tax certificate: " county would be empowered to issue certificates to any misrchant, Person or corporation desiring them. All money received from the sale of the transaction stamps would be de- Posited in the state-owned Bank of North Dakota and be held as a re- demption fund for the certificates. Twenty per cent of salaries of all pgp counly., maunicipal, educational or other pul employes, excepting Slecsixe Officers, would be paid in scrip. The scrip would be in denomina- tions of $1 and $5. A tax on chain stores also was ap- Proved. . The chain store bill provides one store shall be taxed at $5; two stores and not more than five, at $50 for each additional store; upon each store in excess of five and not more than 10, the fee shall be $100 for eacl ditional store; upon each s| | | | Any store which is part of a nation. al chain would be taxed higher brackets of the measure. Domestic and fe chains included in the provisions of Lumber yards, elevators line stations gre excluded. iginally introduced the tax was siderably higher but was reduced committee. The house defeated by & narrow margin a measure to tax condensed milk, but approved a graduated in- come tax from $2 on annual incomes to $44 on an $1800 in- come Thursday. On all net incomes in excess of $25,000 the tax would 18 per cent. to the Nan-|cation of lignite br:quets the same as/ quired constitutional majority of