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i iP, 4 d \q , North Dakota’s Oldest Newspaper ESTABLISHED 1873 Seven Farm and PRIGE-FIXING FOR RETAILERS CAUSES SHARP DIFFERENCE Johnson to Act First; Expected To Take Stand for Distributors PEEK OPPOSED TO PLAN Is Expected to Reject Code for Grocers With 7 1-2 Per Cent Margin Clause Washington, Sept. 30.—()—The NRA and farm administration ap- parently were at odds Saturday over the government's policy toward price a by the huge retail trade busi- ess. Hugh 8. Johnson was expected momentarily to approve a retail code designed to stabilize prices by pro- hibiting retailers from selling at less than wholesale cost plus 10 per cent. A similar provision proposed by the food and grocery branch of the busi- ness—prohibiting retail sales at less than a 7% per cent mark-up over whole cost—was slated for flat rejec- tion by the farm administration. * _ Both codes eventually must receive President Roosevelt's approval. Should Johnson sign NRA’s retail charter Saturday, as officials predicted, it, would go immediately to Hyde Park for promulgation, while hearings pre- Paratory to final drafting of the — code do not begin until Octob- er 9. In making known that the code af- fecting food prices proposed not only @ 7% percent minimum mark-up for retailers but also a 2% percent mark- up for wholesalers, farm officials dis- closed that George N. Peek, adminis- trator, has ruled out price-fixing for distributors except where codes or marketing agreements assure parity Prices for farm products. Would Consider Farmer The farm administration was repre- | sented as feeling that on the whole. price-fixing after a commodity leaves the farmer's hands is a mistake. It has determined rather on the policy of bringing reluctant middlemen into marketing agreements which fix only a minimum price for farm products and a maximum price to the con- sumer. The Tetail code received by Johnson—astill confined in a hospital after a minor: operation—does not. cover the retail drug business. A sep- arate charter for this division was nearly complete, however. _ The NRA has jurisdiction’ of the ‘wage and hour sections of the food and grocery code and will pass on these provisions October 5. Farm ad- ministrators were hopeful that their own hearings, beginning four days later, would develop definite provis- fons for improving farm prices. The Evansville, Indiana, milk agree- ment, meanwhile, furnished the first * concrete instance of the administra- tion’s determination to apply pres- sure to arrive at pacts which mean higher prices to the producer. Distributors there, farm officials said, refused to sign an agreement which contained only the lowest prices which might be paid the producer and. the highest which might be charged the consumer. Officials said the administration de- cided to slap a blanket license on the handlers which binds them to observe the pact, anyhow, and announcement st that decision wag expected Satur- jay. Believe Fugitives - Minnesota Robbers Pipestone, Minn., Sept. 30.—(?)— Five bandits who officers said may PERIOD Minnesota 0; South Dakota State Weshington and Jefferson 0; Pit Lafayette 7; Muhlenberg 0. Army 13; Mercer : Navy 6; William and Mary 0. 5 by long cistance telephone operator who list- Warden Battered by Rioting Convicts | Pictured above, right, is Warden Herbert J. Smith of the Eastern peni- tentiary at Philadelphia where riot- ing occurred Tuesday and again Fri-! day. He is shown talking to Fire! Captain Thomas F. Martin after fire- men had quelled Tuesday's riot by) turning a hose on the prisoners. Smith was beaten by convicts when he at- tempted to halt the disturbance and the patches on his face are souvenirs of that event. “Yammering’ convicts many of them “Lifers,” threw the grim old in- stitution into wild disorder again Fri- day night after helmeted state troop- ers quelled rioters who started a free; for-all in the yards during Friday's late recreation period. Locked in their cells, the malcon- tents set up a din that was heard out- side the high stone walls and brought throngs of curious to the scene. The situation, although apparently under control, was so serious that Warden Herbert J. Smith summoned additional state troppers and city po- ice to the prison and asked national guard headquarters in Philadelphia for a list of riot equipment available. Officials did not disclose complete details of the latest outbreak. Warden Smith said the rioting and hunger striking “can be traced to vicious and degenerate elements.” ENTIRE FAMILY IS BELIEVED KIDNAPED; Wife, S Of Wealthy Shipowner Are Missing Chicago, Sept. 30/—-()}—A man who! identified himself as William Davis, | Jr., 27, of Louisiana, was taken into! custody by police Saturday after they | said New Orleans authorities inform- | ed them the family of George M. Cox, ! wealthy ship owner, was believed kid- | naped for $25,000 ransom, i 3+. their two-year-old son, George, Jr.,i and Mrs, Cox’s: parents, was reported | taissing Friday by Cox when he re- tured to his Lake Pontchartrain home at New Orleans following a visit of five weeks at Cooperstown, Ill. Chicago police said the chief of po- lice of New Orleans telegraphed that Cox had -received a telephone call from a man who gave his name as George Wendz, in Chicago, and who} wld Cox to get together $25,000. for tne return of his family. Previously, Cox had offered a $25,- 000 reward for their safe return when | he discovered them missing. Acting on another tip, officers ar- ened in on a conversation he alleged: to reach Cox in New Orleans from a south-side filling station. : Cox operates a passenger line be- tween Duluth and Chicago 5 8 Roosevelt Sig ‘Captive Mine’ Operation ly had with a man who had attempted |“ ns Pact for Executive Continues Program) in Troubled ous Field For Peace Bitu Hyde Park, N. Y., Sent. 30—(7)— President Roosevelt Saturday set up on and Parents-in-Law ™achinery for regulation of the dis- | ordered coal industry and its thou- sands of miners. With peace in sight for this trou- focusing on finance and credit expan- sion. The president received just before midnight Friday an agreement for the “captive mines” operated by the iron and steel companies, bringing these under the scope of the bituminous coal code. He signed it early Satur- day morning. ‘The family, consisting of Cox’s wife,! This stroke spread the new deal for | working hours and wages of over the entire bituminous fie! puts the code into effect on Monday. miners Id and As @ result, Roosevelt is confident | the 75,000 miners in the fields of western Pennsylvania will return to work on Monday and the strife in the “captive mines” will be ended. To complete his machinery for the | coal industry, the president appointed Hugh 8. Johnson, the industria: ad- ministrator, as a temporary member of any code authority with power to ‘appoint an agent to act in his stead. Roosevelt sat up late Friday night to get the new order for the coal fields into operation on Monday. With this troublesome industry at last in line for the new deal, Roose- covery campaign. A statement of his views and poli- cles in this direction was in imminent There is increasing belief day. Either in his prospective talk there or in the speech which he has an- nounced will be madé before the con- in gu ge E gE 5 = 3 H E} F es SHERIFR [S FREED BY FOUR WHO FLED Official Liberated Friday Morn- ing, Fails to Report Until Nightfall |was BADLY FRIGHTENED And Get Him If He Dis- obeyed Orders Vaiparaiso, Ind., Sept. 30.—)—Il from lack of food. but otherwise un- harmed, Sheriff Charles Neel of Coxy- don, Ind., was safe Saturday after having been subjected to three days’ hardship as a captive in the hands of four escaped convicts. Liberated near Hobart, Ind.. early Friday, the sheriff, accompanied by James Clark, one of his abductots who later was captured, made his way to Gary, where he was found by Captain Matt Leach, head of the Indiana state Police Friday night. Captain Leach charged in a state- ment that the sheriff's long delay in notifying the authorities of his re- lease was “apparently a neglect of duty”, but the sheriff protested that he had been afraid the convicts would kill him. “I didn’t know what to do,” he said. “They threatened that they would kill me it { told my story. I felt sure they would come and get me at my home if they were not captured.” The sheriff came to the home of sheriff Neal Fry of Porter county, of which Valpariso is the county seat, to |recover from the effects of his ex- jPeriences. Captain Leach said he would question hiin further. Changes His Story When the sheriff first told his story he said the convicts who held him a prisoner had stolen an automobile and had made their escape in it early Friday- fojlowing. hhis- release... Later, however, he changed his story. “They had no car”, he asserted, “but they told Clark and me if we didn’t tell the police they had one they would hunt us down later. ‘The sheriff's story was told after he had identified pictures of Clark, a bank robber; Walter Detrich, sentenc- ed for participation in the same rob- bery; Joseph Fox, who was doing a fe term for bank robbery, and John Burns, a convicted murderer, as the four convicts who kept him captive. He said his captors treated him as well as they could under the circum- stances. He gave details of how the | four men had seized him at Michigan City prison last Tuesday and drove ‘bled business, he looked ahead to new | round in his car until they wrecked |steps in the recovery drive, once again | it, seizing another belonging to Cecil {Stanier, a farmer of near McCool, 'which was also wrecked before the |four fled on foot, taking their prison- | ler with them. EARLY HEARING ON DIVERSION IS SEE Six States May Join in Making Fight for Dam in Mis- souri River Devils Lake, N. D., Sept. 30—(P)— Senaters and Congressmen from |North and South Dakota are expected month for a final hearing .on the Missouri River Diversion project, it was announced Saturday. the Diversion association, ‘Thursday from a trip into the James river vatley with pledges of full co- operation from Aberdeen, Huron and Mitehell. At Huron and id plans were advocated for supplementary pihigie i il z PRISON IN INDIANA i Says He Felt They Would Come| to go to Washington early. next) THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, SATURDAY, SEPTEMBER 30, 19338 AUTO MISHAPS MAR FOOTBALL JAUNTS ON MISSOURI SLOPE Lewis Tubbs of Lemmon, S. D., Killed in Accident Near Bentley FIVE OTHERS ARE INJURED Two Catholic Priests Hurt as Bismarck Team Returns From Beulah One youth was killed and five oth- ers were injured in two automobile accidents Friday in western North Dakota, one of them involving play- ers and directors of the St. Mary's Parochial school team here. Lewis Tubbs, Lemmon, 8. D., re- ceived fatal injuries when the truck in which he and three other Lemmon youths were riding hurtied over an embankment one mile north of Bent- ley. N. D. The machine turned over, killing Tubbs and causing Albert Young, another occupant, to sustain @ dislocated neck. His condition is critical. Robert Fields was severely TOLL RISES TO & (By the Associated Press) Automobiles in North Dakota claimed two victims Saturday, mounting the death toll since Jan. 1 to 84. On the same date last year the fatalities for the year were but 40. The dead are: Jens Monson, about 49, a farm hand, killed one mile north of Hanna- ford when the car in which he was || riding went into a ditch and over- |! turned. Lewis Tubbs, Lemmon, 8. D., high school pupil, killed near li | i j | Bentley. hurt but Leo Jones, the fourth occu-| pant of the machine, was not injured | seriously. i Rev. Father Henry Holloman, as-/ sistant, pastor of St. Marys progathe- dral; “Rev. Father Charles Greiner, Zeeland, and Clarence Schloss¢r, a member of St. Mary's football team, were injured in an accident five miles west of Hazen. The two priests and George Hays, St. Mary's coach, were driving cars in which all were returning from aj} game at Beulah. | Turkeys Cause Mishap \ Just past the brow of a hill, Hays! slowed down to avoid striking a flock of turkeys. Father Holloman, in the second car, also slowed nearly to a/ stop and the third car, driven by| Father Greiner, came over the ‘hill and plunged into it at a high rate of Father Holloman’s car went into) the ditch on one side of the road, | Father Greiner's took the ditch on/ | the other. Father Holloman suffered sprained neck and bruises. Father Greiner's right knee cap was broken and he also sustained a severe ccalp| wound. Schlosser's right ear was almost | cut from his head by flying glass and | Mumerous stitches were needed to ‘close the wound. He will play no | more football this season. | Eight other persons were riding in “ie two cars and all were bruised and |shaken. Riding with Father Hollo- man, were Tommy Lee, John Guthrie, ‘Robert Schmidt and Clarence Fin- ‘Yayson. In the car with Father Greiner were Schlosser, Frank Lee, Paul McDonald and Leroy Reff. Frank Lee aparently was thrown through the windshield but was not seriously injured. Both cars were badly . The one driven by Father Greiner was owned by Father R. A. Feehan, pastor of the church here. The Zeeland 8 a i igi | i! Fi i i - i tt : 1 bE i ga z Ha 3 =n i i i i i tl 5 | intermittently, rosecutors in Urschel Case Joseph B. Keenan, center above, and Herbert K. Hyde, right, led the|homa millionaire. Prosecution of Harvey Bailey and 11 others at Oklahoma City for the kid- naping of Charles F. Urschel, Okla- Both received death threats from George (Machine Gun) Kelly, subsequently captured in Memphis, Teno. Road Building Contracts Are Awarded Here Friday SIX ARE SLAIN IN COMMUNIST RIOTING AT GUBAN CAPITAL 14 Other Wounded When Police Halt Demonstrators at Public Park Havana, Sept. 30.—(#)—Street bat- tles between Communists and soldiers, in which six persons were killed and 14, including an American, were wounded, left Havana tense Saturday. The shooting and wild disorder at- tended a demonstration of thousands of Communists in memory of a Cuban Communist leader killed in Mexico four years ago and whose ashes were to have been interred in a huge obelisk en Park built by Commun- Seige This was in opposition to govern- ment wishes and this disagreement apparently brought on the shooting from the housetops near the park and started the general battle Friday aft- ernoon. Through the night shots were heard automobiles rushed through the city and soldiers re- mained on guard. Feeling between troopers and Communists continued at high pitch. Many feared a new outbreak, for the ashes of the slain youth, the stu- dent Julio Antonio Mella, apparent- ly were in the hands of the soldiers, who planned to bury them in Colon cemetery Saturday. A statement issued by the govern- ment said the demonstration had been authorized but when it was learned the Communists planned to bury the remains in Fraternity park, an army captain was sent to ask Communist leaders to conduct the funeral in the municipal cemetery. Artillery Chief Slain Then, the communique added, a ‘company of artillery commanded by Capt. Jose Hernandez Ruda was sent to the vicinity “to prevent disorders and protect demonstrators because the government had been informed its enemies were planning to create dis- orders. “A few seconds later several shots were fired and Capt. Hernandez Ruda fell mortally wounded. The soldiers, upon being attacked, started to shoot in the air to disperse the crowd. But as the crowd was hostile and as sev- eral shots were fired at the soldiers, they fired back. Two soldiers were wounded.” Scenes of wild disorders were en- acted as the shooting reached a cli- max. Reports of disorders elsewhere in the island republic trickled into the capitol. A force was said to be in the field against the Grau San Martin government in Camaguey province and from Matanzas came word of small bands of rebels roaming through the country. M’Kee to Run for Mayor in New York New York, 2 ® silence that had the former acting ‘mayor City, came out Priday as an independ- ent candidate for mayor. Serene cea tl a an- blistered | | 239 Miles of Work to Be Done With Federal Aid at Cost Of $527,121.09 | | Contracts for approximately 239/ miles of road construction and ac- companying structural work in North Dakota were awarded Friday by the state highway department on bids totaling $507,121.09, it was announced | Saturday by Frank Vogel, state high- way commissioner. Bids were rejected.on two projects calling for 11.038 miles gravel sur- county and 14.652 miles gravel sur- facing, Regent west, in Hettinger county. The projects will be re-ad- vertised for the next letting. The contracts are the second group to be awarded under the approxi- mately $6,000,000 federal national re- facing south of Columbus in Burke} PRICE FIVE CENTS Kidnapers Are Convicted NRA Administrations Are at Odds = JURY DELIBERATES BUT SHORT TIME IN URSCHEL EPISODE Bailey, Bates, Three Shannons And Two Twin Cities Men Found Guilty THREE OTHERS ACQUITTED . Two of Government’s Key Men In War on Crime Assisted Prosecution Oklahoma City, Sept. 30—()—Har- vey Bailey, Albert Bates, the three Shannons and two of the Twin Cities defendants were convicted by a federal court jury in the Charles F. Urschel kidnaping trial Saturday. Isadore Blumenfeld, Sam Kronick and Sam Kozberg, three of the Minne- epolis and St. Paul defendants, were acquitted. The other Twin Cities defendants, Barney Berman and Clifford Skelly, were convicted. The jurors deliberated less than two and one-half hours. Judge Edgar S. Vaught immediately announced he would grant three days for motions for retrials for those con- victed, congratulated the jury on “your | Six Are Convicted In Luer Kidnaping Edwardsville, Il., Sept. 30—) —Prison terms ranging from life to five years were assessed here Saturday by a jury which convict- ed five men and a woman for the kidnaping of August Luer, Alton, TL, banker. Eugene Norvell, 33; Percy Mi- chael Fitzgerald, 40, and Mrs. Lil- lian Chessen, 50, were given life sentences. Other sentences: Mike Musiala, 45, 20 years; Christ Ni- cola Gitcho, 56, five years; Charles Chessen, 57, five years. The state had demanded the death penalty for the kidnaping of the 77-year-old. banker and meat. packer, who was dragged from his home the night of July 10 and held for five days before he was released after an unsuccessful ef- fort to collect $100,000 ransom. courageous discharge of your duty,” ;and allowed the jurors to depart. Show Slight Emotion The defendants received the ver- covery highway allotment for North Dakota. The third letting will be held Oct. 20. The projects: Grading Barnes County—9.321 miles east of Dazey, Stanley Brothers, St. Cloud, Minn, $26,296.27. McLean—12.387, Ruso, north and south, Haas Construction Co,, Minot, $47,571.93, Steele—10.249, Hope west and south- west. W. H. Noel, Jamestown, $24,- 680.82; structural, T. M. Swingen, Cooperstown, $5,880.98. ‘Ward—10.827 Berthoid north, Ar- chie Campbell, Grace City, Minn., $29,804.34; structural, A. A. Schultz, Minot, $12,421.53, Nelson—13.274, north of Aneta, Win Coman, Goodrich, $30,250.29. Stutsman—7.264, north of Clments- ville, William Collins, Fargo, $19,895.10. Dun—8.536 Marshall south, Win Coman, $24,387.36. | j E structural, Fargo, $20,337.81. Golden Valley—9.711, Beach, F. structural, Rue Brothers, north of O. Smith, Steele, 130,967.48; Bismarck, $15,042.60. Benson—4.534, nortrwest of York, William Collins, $10,098.53. Slope-Bowman—5.804 south of Ami: don, William Schultz, Bismarck, $16,- 758.59; structural, Dickinson Ice and Transfer Co., $3,846.80. Hettinger—11.299. near Mott, Stan- ley Brothers. St. Cloud, Minn., $27, 202.18; structural, Fargo Iron Co., Fargo, $11,941.88. Gravel Ramsey—17.992, Edmore east and west, Megarry Brothers, Spiritwood, $18,653.06. Burke—7.443, ‘Northgate, north and See wee & Wilder, Jamestown, Hettinger—10.785, Regent southeast, Megarry Brothers, $8,319.13. Walsh— 10204, north of Dwar. tole Megarry Brot! Cavalier—d.400. Langdon north, Coman, $15,523.80. Cass-Richland—11.327, east of Leon- ard, Win Coman, $25,887.18. Scoria Resurfacing Morton—30.198, Glen Ullin east and west, Central Construction psutton ac WOO Unlawful to Hunt From Running Board| Tt is unlawful to hunt from the run- ning et ee automobile, dict with only slight visible signs of |emotion. The three Minneapolis men who ‘had been released sighed and settled deeper in their chairs. | Berman and Skelley looked dumb- jfounded. They had been confident | they would be freed. |. Their attorney, N. B. Dudley of Ok- Jahoma City, immediately announced ie would seek a new trial. | John Lowe, gray-haired bailiff who ‘had been in charge of the jury during ‘its two weeks’ tour of duty, brought {the sealed envelope to the clerk ‘Theo. Filson, as soon as the judge ad asked the usual questions about he verdict. Judge Vaught opened the flap, drew |out the paper and glanced at it casu- ally before handing it back to the lerk to read. The trial was the first test of the |new federal kidnaping law, enacted ijargely as a result of the tragic Lind- |vergh baby abduction. Keenan, Nathan Present The federal government had two of its key men in its war on crime here for the trial—Joseph B. Keenan, As- sistant U. S, Attorney General, and Harold Nathan, assistant director of _ the bureau of investigation. Keenan had expected to leave Fri- day night for Washington but delayed :is departure when it became appar- nt the jury had reached a verdict. The end of the trial brought no change in the status of the “deal” be- which the penalty is death. Harvey Bailey's thin lips were a straight line as he compressed them: tightly while the verdict was read. He acted as though he had expected guilty verdict. Bates lost his pre- j vious jaunty air. f The Shannons, father, wife and son, emotion.