The Bismarck Tribune Newspaper, September 19, 1933, Page 1

pe North Dakota’s tee &THE BISMARCK TRIBUNE § 2332 BISMARCK, NORTH DAKOTA, TUESDAY, SEPTEMBER 19, 1933 ’ PRICE FIVE CENTS Cuba Confronted by Civil War Roosevelt Launches Bituminous Coal Code STRIKES: CONFUSING CLAUSE FROM PACT BERORE SIGNING IT Eliminates Provision Which Had Been Attacked During Deliberations JOHNSON NOW AT NEW WORK NRA Administrator Begins Task of Getting Retail Code ( Into Operation ‘Washington, Sept. 19.—()—Retail price control Tuesday supplanted soft coal as NRA’s big problem, Hugh 8. Johnson was in the midst trades, with their hundréds. of thou- eands of stores and millions of em- ployes, within a single fair. competi- tion code. Outstanding among its issues was & proposal to stabilize retail Prices at 10 per cent above wholesale costs, President Roosevelt's promulgation of the long-disputed bituminous coal code freed Johnson for intensive work on the retail agreement and for plan- ning the “buy now” campaign’ through which the administration hopes soon to increase consumption: “‘* Roosevelt's pen ‘Monday made the cual code effective Oct.'2. “But before ne signed, the chief executive made certain alterations which included elimination of & organized labor charged sought to interpret its collective bargaining guarantee under “Because it is evident,” Roosevelt said, “that attemtps by those submit- ting codes to interpret section 7 (A) cf the national industrial recovery act nave led to.confusion and misunder- standing, such interpretations should not be incorporated in codes of fair competition.” pate Johnson termed the coal eed “the ministration “Williaa, Cireen presi; Pest Went "by the ‘ourds “here” Gatty} ing every possible cooperation to make the code a success, The coal code section, eliminated by the president, said in part: “The plain meaning of section 7A can not be changed by any interpre- tation by anyone. It is the function of the administrator and the courts to apply and interpret the law in its ad- ministration . . . Open and Closed Taboo “The words ‘open shop’ and ‘closed shop’ are not used in the law and cannot be written into the law. These words have no agreed meanthg and will be erased from the dictionary of requires in codes and agreements that ‘employes shall have the right to organize and bargain col- lectively through representatives of their own choosing.’ “This can mean only one thing, which is that. employes can choose anyone they desire to represent them, or they can choose to represent them- selves. Employers likewise can make collective bargains with organized em- ployes or individual agreements with those who choose to act individually i f ef | i i 5 Ate : gE nl bee F i F i cn a i i | | ? i J E i z z ue a [ i 5 : E ; - lemic-Patients © Roliente? Observation Bt. Louis, Sept. 19.—/P)—Recovered sickness’ et Aue I [ if PRY Nabbed in Ford Kidnaping Plot Accused of being a member of a gang that plotted the abduction of Edsel Ford or one of his sons, Joseph (Red) O’Rio: lon, abov Detroit and St. Louis Bangst was arrested in Los Angeles, atter being sought for three years on a warrant charging him with kidnaping a Detroit merchant. O'Riordon admitted bis {identity but denied his guilt. N.D.A. ¢. FACULTY REFUSES TO BACK » SALES TAX SCHEME Sudden Motion to Adjourn Adopted Almost Unanimously At Unusual Meeting Fargo, N. D., Sept. 19.—(®)—At- tempts to obtain endorsement of the sales tax from the faculty and em- Bloyees of the State Agricultural col- ‘Tuesday. Called into conference at 8:30.a. m., the institution’s staff, from janitors language |to the president, heard Sig Hagan, secretary appointed recently by the board of administration, plead for ac- tion. Dr. P. F. Trowbridge responded that he did not believe institutional staffs should delve into politics, citing that Political entanglements had avoided in the past. 4 Of a sudden came a motion to ad- journ, by Prof. J. R. Dice, seconded by ;It was adopted by almost- unanimous vote, and the sales tax endorsement Program was over. The attempt to obtain endorsement of the sales tax came to life Monday on the arrival of three appointive member’ of the state board of admin- istration, Chairman Nelson Sauvain; Mrs. J. H. Ulsrud and Robert M. Rish- worth. Late Monday a meeting of the college advisory council was held, and. the decision to hold the all-college: staff meeting was made there. (MYSTERIOUS DEATH "AT LAKE TS PROBED m- | Burned Body Found in Straw-| stack; Believed Woman Between 18 and 25 Devils Lake, N. D., Sept. 19—(>)— investigation. an Sherift tracks led iivtl + Chris Jensen, an assistant professor.!one or in the aggregate of two oF HUNTING SEASON ON PRAIRIE CHICKENS OPENS WEDNESDAY Bismarck Nimrods Prepare For Early Departure to Favor- ite Locations DECLARE GAME PLENTIFUL Season on Pheasants Will Be | Open in Burleigh From Oct. 15 Until 17 | Hunting season for prairie chickens, | punnated grouse, will open Wednesday, Sept. 20, at 12 o'clock noon in all parts of the state and will close at Sunset Oct. 12. Hunters from Bismarck are prepar- ing to leave for their favorite hunting grounds Wednesday morning. Chick- jens are sald to be plentiful this year {in all sections of the state. The bag limit for prairie chickens is five birds and the possession limit is not more than two days’ bag limit or 10 birds. Hunting is not permitted before sun- {rise nor after sunset. ‘The season for ruffed grouse or par- ye will open at 12 o'clock noon, . 7 and will close at sunset Oct. 12 in Bottineau, Rolette, Cavalier and Pembina counties only. The season for Chinese or Ringneck pheasants will open at 12 o'clock noon Oct. 15 and will close at sunset Oct. 24 in Richland, Ransom, Sargent, |Dickey and LaMoure counties, and {will open at 12 o'clock noon Oct, 15 and close at sunset Oct. 17 in Kidder, McIntosh, Logan, Emmons, Burleigh, Morton, Stark, Dunn and parts of Cass and Barnes counties south of the jmain line tracks of the Northern Pa- | G | ‘The bag limit for pheasants will be) three cocks from Oct. 15 to Oct 17 in all counties where the season is open for those days, to the. game fish department. After Oct. 17 the bag limit will be raised to five | virds, one of which may be a hen, in jthe five counties remaining open from Oct. 18 to Oct. 24. The season for killing ducks, geese and other aquatic birds will open at 42 o'clock noon on Sept. 21 and will jelose at sunset on Nov. 20th, except ‘that the season is closed on Ross jgeese, cackling geese, wood j@ucks, ruddy ducks and bufflehead ,eucks. The bag limit for ducks this {year is 12 in the aggregate of all {kinds, but not. more than five eider {ducks and not more than eight of any jmore canvasback, redhead, creater {Seaup or lesser scaup, (bluebills) ring- [neck, blue winged teal, cinnamon teal, | @reen-winged teal, shoveler and gad- {wall may be killed. The daily bag limit of coots or mud- (Continued on Page Two) ANDES AT WHEL, ~ OR AUTO NEAR HERE ie L. Sperry, Farm Laborer, Succumbs to Heart Attack | Near Stewartsdale | ELL, Sperry, 38,°who had worked | {for Burleigh county farmers for sev- leral years, died at the wheel of a peekety? + ig F i gee | WOULD SUE BOARD OF ADMINISTRATION MEMBERS, GOVERNMENT FEARS Examiner Accuses Pillsbury Company Chernich Declares Minneapolis Firm Uniawtully Collected Money) From State in Connection With Alleged Serv- ices At State Penitentiary Recommends Effort to Collect on Bonds and Disbarment of En-/ gineer Outfit From Participation in State Work Until Money Is Paid Back Charges that the Pilisbury Engineering company, engi-| neering advisers to the state board of administration and the| state capitol commission, has unlawfully collected money for alleged services to the state penitentiary are contained in a report filed with the state examiner by M. H. Chernich, deputy state examiner. ‘ Collaborating in a part of the report was F. W. Cathro, another examiner’s deputy. After reviewing the Pillsbury company’s transactions with the staterboard of administration and the penitentiary, Cher- nich recommends that “immediate steps be taken to recover on the bond of the members of the board of administration for the improper payments:made, and that action .be started restrain- ing the Pillsbury Engineering company from receiving any more money from the state of North Dakota until the entire ates herein involved is returned to the state of North Da-| ota.’ | Reference also is made in the report to collections totaling | $2,759.95 made by the company for services alleged to have} been rendered to institutions under control of the board of ad- ministration. Creates Furore in Political Circles The report has created a furore in state political circles because of the fact that the Pillsbury Engineering company is known as a favorite of Governor Langer. It.was at his request that it was made consultant for the state capitol commission, a position which it still holds. s The sensation was intensified by the political implications. Chernich was a staunch supporter of Governor Langer at the last election. His ap- poljntment asa special deputy examiner presumably was made with the governor's approval. Despite this the report cannot do otherwise than em- barrass the governor. The report is in two sections and contains a mass of supporting data. The first section of the comments is by Cherhich and Cathro jointly. The sectond section, wherein the real dynamite is contained, is signed by Tnsuraricé er 8. A. Olsnbas, who supervises the ative bond- ing department, said Tuesday he was unfamiliar with the matter and that no consideration has yet been given it by the state bonding board. On this board are the state examiner, attorney general and. insurance commissioner. Attorney General A. J. Gronna, whose department is quoted in the report as having advised the examiner of the illegality of certain acts, said he also was unfamiliar with the case. Legal matters affecting the board of administration are handled by Harold Shaft, assistant attorney general, he said, and Shaft was out of the city Tuesday. Several membets of the board of administration also were out of the COWMITTEE NAMED TO CHECK ACTIONS. -UNDERNRA SCHEME Compliance Board Will Hear) Complaints About Viola- tions of Agreement YOUNG WILL HEAD GROUP! ns | |All Classes Are Represented on Body to Supervise Work- ings Under Plan Appointment of an NRA compliance committee to hear all complaints) against firms or individuals accused | of violating the provisions of the re- covery act was announced Tuesday by | the local NRA supervising committee. | Heading the group is Russell A. Young, secretary-treasurer of the Bis- marck Typographical union and presi- dent of the North Dakota Typograph- ical conference, which is an organiza- tion of all the printing crafts of the state. Other members are Mayor A. P. Lenhart, representing local wholesale and retail employers; Mrs. F. L. Conk- lin, representing the consumer; R. A.| Middaugh, representing labor; H. W. Griffith, representing the employes of retail stores; W. T. Kraft, represent- ing industrial employeis and Thcmas} Burke, legal representative. The duties of the committee are to) hear all complaints against firms and employers. If the complaints are found to be unjustified, the commit- tee can so rule. If they are found to be justified, it can try to induce the guilty person or firm to comply with the NRA agreement or code affecting the business. In the event of con- tinued violation or refusal to adjust affairs to comply with the NRA, the committee can recommend to Wash- ington that disciplinary action be taken. Cannot Move Eagle Instructions fram Washington state. specifically that the local committee has no authority to order the blue eagle removed from a firm. It can, however, make recommendations for such action. Assigned to this committee, also, is the job of approving exceptions to the President's agreement, for which pro- vision is made in that document. These exceptions come under para- city Tuesday. | Following is the text of the special examiner's comment on the report, | which covers the period from September, 1932, to the close of business on July 18, 1933: | “North Dakota State Penitentiary ! ‘COMMENTS H “INMATES TRANSFER VOUCHERS ! “Your Examiners recommend that the method of handling Inmates! graph 14 which permits a firm to sign the code and get the blue eagle; then apply for a revision to fit pecu- ar circumstances affecting the firm. Suggested revisions will be checked by the local committee and submitted to Washington for approval. Instructions as to the method of handling complaints provide that the Transfer Vouchers should be changed so that the Payment Register could} committee should contact the em- be reconciled with the properly signed voucher of each Inmate. i “There is no possible manner in which the original Inmates Transfer | Voucher can be verified in the aggregate in the manner now filed. | ‘We recommend that in all cases where. payments are made on Inmates Transfer Vouchers that same be issued and no payments be made on an OK'd bill that is filed in the individual Inmates files. The number of the; Inmates Transfer Voucher, bearing the signature of the Inmate, should appear on the payment Register. “IN GENERAL “We, your Examiners, take this opportunity in thanking the various officers for the courteous treatment and cooperation they accorded us dur- ing this examination. “PILLSBURY ENGINEERING CO., Minneapolis, Minnesota. “A Voucher appears in the files of the North Dakota Penitentiary pay- able to the Pillsbury Engineering Co., in the sum of $355.87, for the Peni- tentiary Proper and an additional sum in the files of the Twine Plant files of $355.88 which purports to be in payment of which are supposed to have been made in the fall of 1932. voucher was paid by their check number 31179, dated December 12, 1932, and the Twine Plant share was paid by their check number 2997, dated December 12, 1932, “Upon examining the vouchers on file it is found that there is not suf- ficient data accompanying the vouchers to verify the correctness of the bills and charges. “F. W. CATHRO, ae “Deputy State Examiner. “M. H. CHERNICH, “Deputy State Examiner. PILLSBURY ENGINEERING CO., Minneapolis, Minnesota. “Continuing the examination and report herewith submitted by your Examiners, the undersigned made a more minute and detailed examination 5 = gi E32 i: ployer complained of, informed him of the nature of the complaint and ascertain hig conception of the facts. Unless the employer can make satis- factory explanation or prove that the cause of the complaint has been elim- inated, the committee is instructed to explain that the violation must be rec- tified immediately. Efforts to ob- tain “voluntary compliance by a toler: ant attitude and patient explanation’ are recommended on the theory that most violations are due to misunder- standings. The NRA committee is instructed | to discourage rumors injurious to per- sons or firms displaying the blue eagle and to instruct the community to report all violations to the com- Pliance board, with supporting facts, and not merely “report suspicions to the neighbors.” All members of the board will serve without pay, either for their time or expenses, with the exception that it is permitted to use franked envelopes | for official communications. PLANE WILL SEARCH FOR ST. PAUL PARTY Herbert H. Bigelow, Mrs. Ralph Mather and Guide Be- lieved Drowned Ely, Minn., Sept. 19.—(P}—A sea- "ATTAGK BY REBELS UNDER HERNANDEZ ‘Cuban Sandino’ Ostensibly Making Ready For Revolt | in Camaguey Charged With | Aiding Bailey CONFERRED WITH MENDIETA President Grau San Martin Cons tinues in Office Despite Objections | Havana, Sept. 19—()—Confronted by incipient civil war, the new Cuban government Tuesday dispatched a trainload of troops and students to Camaguey province, where Captain Juan Blas Hernandez, known as the “Cuban Sandino,” has taken to the field. Captain Blas conducted a long guerilla warfare against deposed President Gerardo Machado. Re- cently he spent several weeks in Ha- vana conferring with General Carlos Mendieta, one of the principal lead- ers of the opposition to the present government. The insurgent captain, who got his nickname because of the similarity of his anti-Machado campaign to that waged for years by General Au- gustino Sandino in Nicaragua, left for the interior Monday and imme- diately took up arms. Reports Are Conflicting Secretary of Interior Guiteras con- firmed the news that Captain Blas had rebelled, but declared that he had no more than 100 men. Dispatches from Moron in Camaguey province said there were 300 well-armed sold- jers following the captain's leader- Federal charges of aiding Har- vey Bailey to escape from the Dallas, Tex., jail have been filed against Tom Manion, above, jailer who last visited the no- torious outlaw before he fled, only to be recaptured a short time later. Bailey is accused ip the Urschel kidnaping. ONE-MAN JURY SAYS TWO DETROIT BANKS WERE IN GOOD SHAPE’ Judge Harry B. Keidan Finds No Evidence of Crime on Part of Officers ip. i The outbreak came as Provisional President Grau San Martin was study- ing the opposition demands that his administration resign. The student directorate, the prin- cipal supporters of the present admin- istration, issued a manifesto saying that “the salvation of the nation de- pends on the stabilization of the provisional government; conspiracy against it is to be considered treason to the fatherland and will eo be dealt with.” Opposition leaders asserted that at least half of the army would support causes for closing the two banks, un-/ them in their drive to bring about the expectedly terminated his inquiry | downfall of the Grau San Martin re- Monday night and made public his|gime. findings. He cited no specific reason} From Moron came news that Cap- for the closing of the city’s principal|tain Blas and his men were en route financial institutions, declaring his| to Santa Clara in the direction of Ha- belief they were solvent on the last/vana. Secretary of Interior Guiteras day they operated, and asserting there| predicted that they soon would be was no evidence of criminality on the| captured. Part of their officers and directors. “Three squadrons are actively pur- He urged the federal government to| suing them,” the secretary said, “and “undertake to help the depositors of|1 do not believe they can reach the these closed institutions and the City| hills from which they harassed Gen- of Detroit,” adding that *‘criminations| era] Machado.” and recriminations are futile. Only Soldiers Failed Before the actual aid of the government will} tn the Machado regime there were guile to remedy the evil conditions| neayy troop concentrations in those which exist.” hills but the government soldiers coul That was the keynote Tuesday of! not capture aptain Blas. a renewed efforts by financial leaders| There were mutterings in opposi- toward reorganization, or otherwise|tionists’ camps of revolution as Grau winding up affairs of the First Na-|gan Martin persisted in his refusal tional Bank-Detroit and the Guard-|to accede to demands of five powerful jan National Bank of Commerce in| political groups that he make such a way as to bring maximum re- ance Paeruene wae turns to the 800,000 depositors. The| « wil! quit,” he countered, “when depositors thus far have received 40! anybody who has a right to ask me per cent of their accounts, with ap-|to resign does so.” proximately $312,000,000 still tied up in the closed institutions. Detroit, Sept. 19.—(#)—Efforts to reorganize Detroit’s two closed Na- tional banks were being made Tuesday following a grand jury report which said the banks were solvent when closed and no evidence had been found of criminality on the part of Officers. ¥ . Judge Harry B. Keidan, who as & one-man grand jury conducted a three-month investigation into the. He made the statement at the con- clusion of a meeting with a commit- tee of Rotarians who, as mediators, een se | ‘FIND INJURED PILOT ‘gave him separate memoranda from | the OCRR and ABC political societies, |Col. Carlos Mendieta’s nationalists, former President Menocal’s group, and the Marianistas of Miguel Mar- jano Gomez. “It doesn’t matter. who is president,” Dr. Grau San Martin asserted, “so long as the revolutionary program is carried out.” The five organizations with whom he has repeatedly conferred, met without the president and drew up their demands, each. of which was APTER LONG SEARCH 25-Year-Old Harold |. Neff Helpless 60 Hours With | Broken Limbs | Jackson, Mich., Sept. 19.—)—A 60-hour search for Harold L. Neff, 25-year-old mail pilot who lay all that time beside his wrecked plane in @ swamp, was at an end Tuesday, vention The government, set May 20, 1934, for constitutional convention, whose delegates will be elected April 1, 1934. In an outbreak of violence that add- Plane was to be added Tuesday to fa- cilities being brought to bear in the search for Herbert H. Bigelow, 8t. Paul printing company executive, and his party, missing in the wilderness north of here. Nearly 50 police officers, game war- dens and volunteers pasciperea te Be all night search Monday night, - pered by a driving rain which con- tinued, somewhat abated, a