The Bismarck Tribune Newspaper, November 29, 1933, Page 1

North Dakota’s Oldest Newspaper THE BISMARCK TRIBUNE | The Weather Light snow or rain and warmer to- night; Thursday cloudy, colder. ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, WEDNESDAY, NOVEMBER 29, 1933 PRICE FIVE CENTS | Langer Loses Wenzel Ouster | Negro Attacker Is Lynched By -- THANKSGIVING -- 3 y ‘ DIES IN FLAMES AT END OF ROPE WHILE BIG CROWD WATCHES; Jail Doors Battered Down by Enraged Men; Guards Un- able to Halt Assault | ‘STRING HIM UP’ IS CRY Tear Gas and Tank Company Fails to Protect Prisoner From Violence St, Joseph, Mo., Nov. 20—(P— Lynch law has settled the case of! Lloyd Warner, confessed attacker of | iwo women. | The 19-year-old Negro died inj f'ames at the end of a rope last night before the eyes of a mob of 7,000 which battered its way through Na- tional Guardsmen and peace officers to seize him in the Buchanan county dail, H Warner was hanged to an elm tree | near the court house, drenched with | gasoline and set afire. Women and children watched him die. Some were Governor Directs Jefferson City, Mo., Nov. 29.—(P) —Governor Guy B. Park in a state- ment Wednesday said that “there is no justification” for the lynch- ing last’ night of Lloyd Warner, Negro, at St. Joseph. While it appears from press re- ports that Lloyd Warner, the Negro boy lynched by a mob in St. Joseph last night confessed to a heinous | crime, punishable by death, yet there is no justification for the ac- tion of the mob,” said the gover- nor. “Mob violence, whether in the punishment of crime or in attempts to obtain alleged civil rights, is al- ways wrong and is destructive of good government. “To condone such an offense is to || encourage lawlessness, deny the efficiency of the courts and the power of constituted authorities.” Governor Park has asked Attor- ney General Roy McKittrick to made investigation. | friends of the white girl of 21, who, ; nfficers said, Warner assaulted in an | alleyway here Sunday night. { “String him up,” shouted from; many throats, drowned out the last; attempt of the muscular young Negro: 1c speak, | Terror-stricken and stripped to the waist, he was pulled from a third iloor cell by four young members of the mob, beaten, kicked and cursed. “I'm a fighting Dutchman,” said fheriff Otto Theisen, 60, “but there sre too many Irishmen here for me.” Tear Gas Has No Effect Tear gas fumes, remnant of the de- | fense of 40 city and county officers! and the hastily mobilized members of the 35th Tank company, Missouri Na- tional Guard, floated on the stairway down which the Negro was dragged, te death, He was hanged and burned about & tiock from the jail after impatient snembers of the throng decided against a plan to lynch him atthe scene of the assault, a mile a The girl victim of the attack, way- jaid on her way home from a picture theatre, was { Voters in Louisiana Revolt Against Long |: New Orleans, Nov. 29.—(?)—Senator Huey Long was faced Wednesday with open revolt by voters who protested against an attempt to place a long- Picked candidate in @ vacant con- Even while Long was making an up- Toarious appearance before a senate investigating committee here, citizens in the sixth congressional district steps to oppose the “Kingfish,” action culminating in a mass meeting in Baten CHICAGO STOCKY ARD STRIKE IS SETTLED Probe of Atrocity |) BY MEDIATION BODY surance That Difficulties Will Be Adjusted Chicago, Nov. 29—(7)—The strike of approximately 8,000 workmen at the Union Stocxyards was settled early Wednesday, at least temporarily, when the employer organization agreed to a 10-per cent wage increase pendiny reached pickets were withdrawn and the strikers started back to their jobs. Tuesday, arranged by Robert M. Hut- chins, president of the University of Chicago and chairman of the Chicago regional board of the NRA, brought about the agreement, which was re- garded as a partial victory for the stock yard workers, who had demand- ed a return to the 1929 wage scale, an increase of about 50 per cent over the pay they have been getting in recent months. ts The agreement provided, among other things, that all men are to be re-employed without discrimination and that, while further negotiations are in progress, any points on which the affected parties are unable to agree are to be submitted to the regional labor board for mediation. Continue Negotiations Other points in the agreement pro- vide for the launching of negotiations by the Union Stockyard and Transit company with representatives of the men for a settlement of points in dis- pute and the naming of an arbitra- tor if steps towards mediation fail. In regard to disputes wages the agreement provides that any increases are to be made refro- active from the date the men return to work. Conclusion of the strike came just in time to prevent the enforcement of Men Return to Work With As-|“ is further negotiations. Within a few minutes after the agreement was A parley, beginning. at midnight | involving | Beyond the Beyond the Previous Marks for Land Loans Broken : Minneapolis, Nov. 29.—(#)—All prev- :ious records for the amount of money ‘put in farmers hands in one day by the federal land bank of St. Paul were broken Tuesday, when $1,198,300 was paid out to 485 farmers, said jJohn ‘Thorpe, general counsel of the |bank who is in charge of the closing vision. The money went to farmers in Min- nesota, Michigan, a North Dakota. WHEAT COMMITTEE PONDERS PROPOSAL FOR FIYING PRIGES | Revolutionary Suggestion Sub-| mitted to Committee for Study and Review London, Nov. 29—()—A revolution- | ‘ry price-fixing scheme, proposed by French and German delegates, is in jthe hands of a sub-committee of the | world wheat commission. This committee is to investigate the price-fixing plan and other proposals viewed by the commission, which ad- Journed ‘Tuesday night, as too radical for immediate action. — a With the United States, Canada. ' Australia, Hungary, the United King- dom, France and Germany represent- ed, the committee is expected to meet | in London in about two weeks. | Another group, formed to consider | ary. Then, after having prepared rec- on various ommendations relating to the world wheat situation, the committees will report to the full commission at Taneee 1h SOnneey, The French and acting together on an important issue for perhaps the first time in any post-war pri bound 8 g i : : z B ss 3 BY BRUCE CATTON HEY went to church, that day, in Plymouth town, To thank God for His goodness. For they had Known hunger, pain and want, gone thinly clad Through iron winter, thrown the gauntlet down To death himself, and let him take his toll, And now they had won through. . . . And so they prayed Their word of thanks, and stood up unafraid And faced the future with undaunted soul. 5 [psn we too look back upon a road Blood-stained and dark, haunted by panic fears; And_we, too, thank our God, because He showed, gloom and dusk of barren years, memories of pain and sorrow —The dawning of a glorious tomorrow! o2tpr. \GOLDIE NOLAN CASE PLACED IN HANDS OF U.S, COURT JURORS Charged With Murder of Night Policeman at Devils Lake in 1924 N. D., Nov. 20.—(?)—The = Fargo, fate Of George (Goldie) Nolan, charg- ed with first-degree murder for the alleged slaying of Charles Sneezby, Devils Lake night patrolman, during fice was an alleged postoffi robbery, eae "ST. LAWRENCE PACT = fury at 11:40 a, m. Wednesday. ‘The case was given to the j af- ter it had sat for more than an hour and a half receiving its instructions from Judge Andrew Miller. Three forms of verdicts were given the jury: 1—Not guilty. 2—Murder in the first degree as charged in the indictment. 3—Murder in the first degree as charged in the indictment without capital punishment. If the jury finds Nolan guilty as charged and does not qualify its ver- dict to waive capital punishment, it becomes necessary for the judge to impose the death penalty. Francis Murphy, defense counsel, said the government is depending up- on a set of circumstances, most of | which he termed of minor importance. If Nolan had made the admissions the government contends he made. he should have set up insanity as his defense, Murphy scoffed. Murphy said the government had no-right to ask a jury to disbelieve Mrs. Theodore Williams, chief de- fense witness, who testified Nolan was in her rooming house all of the night Sneesby was murdered, simply be- cause she had once pleaded guilty to having stolen stamps in her possession or because she and Nolan were friends of long standing. He declared when ithe government put witnesses like Wil- liam Miller, twice convicted of grand larceny, on the stand to testify against Nolan, it had no right to ask a jury to disbelieve Mrs. Williams. The government depends upon testimony of three persons, Mr. and Mrs. J. M. Munroe and Miller, to convict Nolan, Murphy said. P. W. Lanier, U. 8. district attor- ney, referred to Nolan as a member of a mob which had carefully planned the De Lake post office robbery and charged that Sneesby was mur- dered because he “flushed” the burg- lars while they were at work. Circumstances which he said point to Nolan’s guilt are: was in Lake the night had a local “hang: ef é id # Ul ib aig i eels i i g [ i i I j 2 E 2 i Ei 4 E i ! a z 5 EsSkE § FiSe i EH | Assessor at Fargo |Accused Wife Freed _ By West Coast Jury Spokane, Wash., Nov. 29.—()}—Lily | Banka Gaines was free Wednesday of | the charge of murdering her hus- |band, Dr. James I. Gaines, for his insurance and his property. She was released after a superior | court Jury acquitted her, refusing to| (accept the state's theory she shot the {wealthy sanipractor and sportsman | lest Aug. 15. The jury deliberated only one hour and 10 minutes. RESOLUTION SCORES INEQUALITIES’ OF Action Is Taken by Mississippi) Valley Group; Local Man Elected | St. Louis, Nov. 29.—(?)—While fa-| voring a waterway project to give ocean vessels access to the Great Lakes, the Mississippi Valley associ- | ation again has gone on record as op-| posed to the “inequalities” of the St. Lawrence seaway treaty. In a resolution adopted at the clos- ing session of its annual convention nere Tuesday, the association insisted that any treaty adopted safeguard the Jakes to the gulf waterway and pre- vent Lake Michigan from becoming on international body of water. The resolution contended the pend- ing treaty with Canada would prevent: diversion of sufficent water from Lake Michigan at Chicago, to preserve the levels of the Illinois waterway and lower Mississippi river. Other resolutions adopted com-/ mended the national administration for undertaking construction of the) Fort Peck reservoir. Recommended to the government “the great value of source stream con- trol on the Missouri, the Arkansas, the Ohio, the upper Mississippi, the Red and other tributaries” as a means of preventing floods and erosin and pro- inoting navigation and development | of water power. Reiterated advocacy of private oper- ation of inland waterway services, but asked that the Inland Waterway Cor- poration, operated by the federal carge line, be kept under government management until private carriers are able to take it over. The association reelected its major N. D. | To Collect Back Pay John G. Ness, ousted as city assessor North Dakota supreme court Tues- day in the third action brought by the former city official as a result of his removal. ‘The supreme court reversed a de- state penitentiary NEGRO JAILER DIES IN EFFORT 10 HALT DESPERADO'S FLIGHT Slugged and Wounded With Own Pistol, He Fells Young Kansas Criminal Topeka, Kans. Nov. 20.—(?)—A Negro, Benjamin J. Davidson, gave his life to prevent the escape from the Shawnee county jail Tuesday night of Cecil Thornbrugh, white, bank and fice robber... Soon e” B3-year-old Negro nee aethen fatally @ menac- the jail to the jailer was slugged ae with his own Z harass gathered ed ‘Thornbrugh was hw ae at Lansing. Captain George Reid of the Topeka police department, reporting the safe arrival with Thornbrugh at the prison, said the Kansas desperado admitted the shooting of the Negro. ‘The Kansas house of representatives, in special session at the statehouse & few blocks away, approved a measure for the return of capital punishment. Thornbrugh slugged the jailer in a 100m in which he and other prisoners were confined, free from their cells. The two battled for possession of Davidson's pistol in his holster, David- son fighting desperately, although stunned. The desperado wrested the pistol from Davidson and fired three times, two shots entering the Negro’s chest. One went wild. Davidson shouted for help and grap- pled with his younger assailant. He tossed Thornbrugh backward down the steps from the upper cell tier, the prisoner being knocked uncon- scious when he struck his head on one of the steel steps. Officers found the pair, with the jailer lying across Thornbrugh's body. ‘Thornbrugh was treated at a hospital, returned to jail and then, as the mob gathered, rushed to the prison. David- son died on the way to a hospital. Thornbrugh, 20, and his brother, Harold, who was slain in a gunfight near Hopkins, Mo., last September, were suspected of the slaying of Otto P, Peterson, special officer, at Omaha, July 18, ‘More Trouble Faces ‘Touhy Gang Members oo St. Paul, Nov. 29.—(?)—Roger Touhy and three associates will waive extradition to Chicago where they are wanted on charges of kidnaping John “Jake the Bar- ber” Factor, their counsel an- Bounoed in police court Wednes- ‘y. Pleas of not guilty were enter- ed for Touhy, Eddie McFadden, Willie Sharkey, and Gustav Schafer after fugitive warrants accusing them of Factor’s $70,000 abduction last July, were read. “The defendants,” said Thomas McMeekin, who, with William Scott Stewart, defended the men in the William Hamm, Jr., kid- naping of which they were ac- quitted Tuesday by a federal court jury, “are ready and anxious to return to Illinois, They will | |} | { Missouri Mob Will Not Publish Tribune Thursday To permit all employes of The Bismarck Tribune company to participate in Thanksgiving serv- ices and to partake of the tradi- tional turkey and trimmin’s, The Tribune will not be published Thursday. “co will be resumed Fri- y. In view of the national holiday all public offices and business houses in the city will be closed, except those service concerns usually open on holidays. FEDERAL MONEY 1) LIGHT AIRWAY ON NORTHWEST ROUTE Appropriation of $655,455 An- nounced by Government at Washington Washington, Nov. 29.—()—The pub- lic works administration today allotted $3,089,190 for fifty-five new post office buildings, which officials said would provide 40,000 man-months of direct and indirect employment in 23 states. Secretary Ickes, the public works administrator, who just returned from @ series of conferencs with President Roosevelt at Warm Springs, said he and the chief excutive had planned to ask congress to appropriate further public works money. He did not mention the sum to be asked but hinted it might be about $1,700,000,000 or enough to bring the total public works funds appropriated to $5,000,000,000. An allocation of $1,087,478 was made to the aeronautics branch of the de- partment of commerce for installation of five lighted airways to provide ad- ditional flying service. The airways to be installed with their costs incl ; Northern trans- itinental rout Beattie, = Mfaseas:” Farge, North Dakota, to Pembina, North Da- kota, $55,680. Word from Warm Springs said Roosevelt and Ickes had agreed upon allotment of all but $150,000,000 of the original $3,300,000,000 public works fund and now are estimating the size of an additional public works fund to be asked from congress. An additional allotment of $43,000 to supplement a previous allocation of $130,000 was made to Indian in- stitutions for remodeling and im- provements, including Standing Rock, North Dakota, 5 Croil Hunter, general manager of Northwest Airways, said Wednesday that radio towers probably would be set up here, at Glendive and Billings, Mont., and at Helena or Missoula. Plans also call for the installation of about 15 beacon lights between Fargo and Pembina and about 100 between Minneapolis and Seattle. » $5, Allotment Errors Found in Williams Williston, N. D., Nov. 29. — (®) — Prospects for wheat-allotment checks for Williams ¢ounty farmers before Christmas have gone glimmering as tne committee wrestles with the prob- lem of getting the acreage down to the figures set by the federal government. Errors have been found by members of the committee working in their re- spective districts and these will be corrected when the central committee meets here this week, but they are not sufficient to bring the total down to the government figures based on 1929 reports, The excess is in some measure due to new acreage since 1929. The in- crease in some townships has been very noticeable but is partly offset by older abandoned acreage. County Agent Swanson, secretary of the committee, expressed the opin- ion that the difficulty in reconciling the two sets of figures will probably delay the allotment checks until about January 15. Lindbergh Silent on Plans for Ocean Hop Porto Praia, Cape Verde Islands, Nov. 29.—(4)—It appeared improbable Wednesday that Col. and Mrs. Char- les A. Lindbergh would fly to Dakar, Senegal, as had been reported. They were still, although one of the possibilities suggested Tuesday in con- nection with their reported plans for departure was that they might leave ‘Wednesday morning. The colonel said he hoped to leave Thursday but declined to reveal his JUDGE BUTTZ SAYS REMOVAL ACTION IS CONTRARY TO LAW Files 17-Page Memorandum De- cision in Denying Right to } | | | | | Oust Commissioner APPOINTMENT HELD INVALID Decision Declares Executive Has no Power to Suspend Bureau Member Towner, N. D., Nov. 20.—(}—Dis- trict Judge C. W. Buttz of Devils Lake Wednesday made public a 17- age memorandum decision in the R. E. Wenzel removal case, holding that while the governor may remove & ‘workmen's compensation bureau com- missioner for legal cause, after proper iearing and trial, he may not suspend such commissioner during such hear- ing and prior to the conclusion of the removal proceedings. Judge Buttz recently heard argu- | ments in the case in district court at Bismarck, after Wenzel, suspended from the office of workmen's compen- sation bureau commissioner on order cf Governor William Langer, had ap- ilied for a writ of certiorari to the end that the governor's proceedings might be reviewed by the court. Ordering the issuance of the writ, Judge Buttz ruled, however, that in granting the relief to the petitioner it is without prejudice to the respond- ents, the governor and T. J. Clifford, named as special commissioner, to re- ceive testimony in the removal pro- ceedings and disposition of the pro- Posed removal proceedings to its final conclusion.” Reviews Wenzel Petition In a resume of Wenzel’s petition for the writ, which covers the charges tiled, the order suspending Wenzel from office, and a plea that the pro- ceedings be restrained and he ‘Wen- zel) be reinstated -in his office, Judge Teche eee “Were the tioner to paraphrase the language of Job, his allegation must. have vead, ‘Shafer gave and Langer hath taken away’ but the quotation was not from Former Governor George F. Shafer, who was his counsel in the proceed- egy fenzel was office by Governor Langer, the gov- ernor named J. E. Pfeifer to serve in his stead until the determination of the proceedings for removal. Assistant Attorney General Charles Verret, appearing before the court in behalf of the respondents, argued the governor’s right to remove Wenzel under the general removal of offices statute, as a “custodian of public moneys” and for cause, and that the writ of certiorari asked for by Wenzel was not @ proper remedy in any event. Notes Distinction “In this a case this distinction |should be constantly borne in mind,” {Judge Buttz said in his decision. “This | Proceeding is not a trial on the merits but an investigation of the governor's right to suspend and remove the pe- titioner from office. In Wehe vs. Frazier, our supreme court has held certiorari an appropriate proceeding to review the jurisdiction of the gov- lernor in @ proceeding to remove a |commissioner of the workmen's com- jPensation bureau. Chapter 184, lawa lof 1919, known as the removal of of: |ficers statute, provides that the gov- jernor may remove from office certair i i (Continued on page six) \False’ Says Smith \ Of Priest’s Charge | New York, Nov. 29.—(#)—Former ;Governor Alfred E. Smith Wednesday {stamped as “absolutely false” a state- ment by the Rev. Charles E. Coughlin jof Royal Oak, Mich., coupling Smith's |name with that of J. P. Morgan in s eal involving “an immense loan for the Empire State building.” Cough: |lin when he disagrees with my views said Smith in a formal statement. | “But I do deeply resent any statement about me by Father Coughlin which is not true, and the charge that my posi- tion on the monetary question was in any way affected by any loan from J. P. Morgan is absolutely false. “Bo, too, the suggestion that I bor- rowed money from the house of J. P. Morgan, on anyone connected with it, Progress construction of the Em. pire State building or any corporat: with which I am connected, is abs:- lutely false.” John D. Rockefeller | ‘cision of:the Cass county district court,| would mean death in the electric | destination. BD where Ness sued to recover salary for} chair if the court chose to impose The American airman, with Mrs. Suffers From Gript iS & period during which he claimed he} the extreme penalty. Conviction |Lindbergh, planned Tuesday to fly : had been removed illegally. in the Hamm case the 400 miles to Dakar, Senegal, but wn, N. ¥., Nov. 29.—(P)}-—An ‘The charges were filed against Ness} meant life imprisonment if the |abandoned the flight after authori- August 5, 1031, and five days later the! court desired. ties informed him by wireless of yellow city commission ordered him removed. An investigation of circum- /fever there. Ness brought action in district court,| stances surrounding the acquittal , there had been recur- which held the removal was illegal,| of Touhy and his associates will |rent reports that the Lindberghs con- and the supreme court sustained ver-| be launched in St. Paul by the | templated taking off Wednesday, pos- dict. * federal government, Keenan said, sibly for Africa or South America. ‘Ness again was removed November} but declined to reveal what 3, 1931, and once more brought action this determination or FORMER WELLS MAN DIES district court which held the sec-| what scope the inquiry would Fessenden, N. Dak., Nov. 29.—J. G. ond removal legal. The decision was| take, Stone, 78, former resident of Wells affirmed by the higher court. He then county died at his home at Omro, Wis., sued for salary for the time interven- ROB CHICAGO BANK on Nov. 23, He leaves, besides his ing between his illegal removal and| Chicago, Nov. 29.—(?)—Three rob-|widow, two sons, Edgar J., of Fes- date he was ousted legally—August | bers, their leader armed with a ma-|senden and George of Omro, Wis., and 10 to November 3. The Cass county |chine gun, invaded the West Thirty-|two daughters, Mrs. Bert York of near district court decided against him but | First State bank Wednesday and es-| Fessenden and Mrs. Maude Looker of the state supreme court reversed the /caped with about $1,000 in cash after|Omro. Mrs. York and Edgar J. Stone decision and held he was entitled to|threatening to “mow down” any em-|atfended the funeral, which was held ploye or customer who at Omro,