The Bismarck Tribune Newspaper, December 2, 1933, Page 1

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y yy \ | » ye ive Seas: é THE BISMARCK TRIBUN , ESTABLISHED 1873 BISMARCK, NORTH DAKOTA, SATURDAY, DECEMBER 2, 1933 PRICE FIVE CENTS TRAIN STRIKES CAR . SOUTHOF ECKELSON Were Returning From. Thanks- giving Visit With Parents Near Courtenay BODIES BADLY MUTILATED Engineer Failed to See Automo- bile; Crossing Declared ‘Wide Open’ and Mrs. Boyd Thompson and their “three children, farm residents eight miles south of Eckelson, were killed ‘iday about 5:45 p. m. when their ir was struck by a Soo Line passeng- er train at a crossing two miles east of Courtenay. The children were Edith, 5, Everett, 3, and Cecil 2. The family was returning from a ‘Thanksgiving visit at the home of Mrs, Thompson's parents, Mr. and Mrs. William Karn, about eight miles north of Courtenay. At a crossing east of Courtenay, Gescribed as “wide open”, by Coroner Elner D. Willitt of Stutsman county, Soo Line train No. 106, caught the ~ Thompson's enclosed car squarely. The engineer told the coroner he did not realize he might have struck something until several yards past the crossing. He said he stopped a quarter of a mile away. On the engine pilot was the remains of the Thompson car. The bodies were strewn along the right of way, all badly mutilated. The train was traveling about 55 miles an hour, said the engineer. Coroner Willett said an inquest will be held here. : Thompson was between 35 and 40 years old. He was a world war vet- eran and a farmer, although he work- ed part of the tithe as a°garage me- chanic. He was a son of Mr. and Mrs. E. D. Thompson, of near San- born. Mrs. Thompson was about 32 years old. : ., Members of the train crew included Engineer Staffan A. Dougias; Fire- man Walter P. Severn, and Conduc- tor A. 8, Haussler. Funeral services for the family will ‘be conducted at 2 p. m. Tuesday at the Sanborn Hall and one large grave in the Sanborn cemetery will receive the bodies. Military rites will be con- ducted for Thompson, a world war veteran. He also was a member of the Masonic lodge. Gets $50,000 Estate From Slain Husband Woodbury, N. J., Dec. 2—(#)—Mrs. Audrey Smith Clark, former Broad- way dancer, inherits an estate esti- mated at more than $50,000 from her husband, Sheldon A: Clark, Jr. for whose slaying she was charged with! murder. The Gloucester county grand jury failed to indict her and Friday her husband's will was probated. In ad- dition to the estate, Mrs. Clark gets the spacious Paulsboro home. she owned jointly with her husband and in which he was shot to death the might of November 20 after they had quarrelled. Masons to Observe Grand Lodge Night Blue Lodge Masons will assemble at the Masonic Temple in Bismarck ‘Monday’ evening for their annual grand lodge meeting. ‘The program will begin at 8 o'clock. Past masters and older members of Near Bethlehem in Judea were shepherds abiding in the f keeping watch over their. fi by night. And an angel of th Lord came upon them and the glory of the Lord shone about them and they were sore afraid. SHOPPING CHRISTMAS Courtenay, N. D., Dec. 2.—(?)—Mr.' ¢+—____________+ | | Football Scores Third Period © Villanova 12; Rutgers 0. Maryland 0; Florida 6. Second Period Holy Cross 7; Boston College 6. Denison 0; Dayton 0. First Period Tulane 7; L. 8. U. 0. Kansas 0; George Washington 0. CLUBWOMEN ROUSED BY ALLEGED INSULT OF NOTED ACTRESS ‘You Don’t Know Anything’ Ethel Barrymore Tells Philadelphia Group Philadelphia, Dec. 2—()—It was “an extra added attraction” but Ethel Barrymore's denunciation of 300 Philadelphia clubwomen as know- hothings stole the show from her erst- while protegee, Eva Le Gallienne, and evoked a storm of protest. The‘ two famous actresses created their sensation—as full of drama as any of their theatrical triumphs—at the Philadelphia lecture assembly where Miss Le Gallienne appeared Fri- day to “make amends” for her failure to keep an engagement last Monday. Explaining her failure as the re- sult of a “complete misunderstanding, her “apology” was such that it set the stage for Miss Barrymore, Princess of the American theatre's “Royal Family.” “I don't know why we bother to speak to you,” Miss Barrymore told the women, already smarting under the lash of her companion’s criticism. “Miss Le Galifenne and I dd you an honor to be here at all. ‘And You Never Will “You don’t know anything. You don’t understand anything. You don’t appreciate anything. You’ never ang known anything and you never “I have given 35 years of my life to the theatre. I don’t know why we do it, we get no thanks. I think Miss Le Gallienne has done you a great honor. I don’t know why. I don't know why anyone should honor you. You do not come to see my plays. You should be happy to come here two or three times in order to hear Miss Le Gallienne once.” Turning to Miss Le Gallienne she continued: “I found this child. She has done more for the American theatre than anyone else in the world. And yet you aare criticize her, a woman of her in- telligence, because she doesn't appear at some meeting or other that she doesn’t know anything about!” Although mild by comparison, Miss Le Gallienne’'s criticism of the audi- ence was no less pointed. Asserting she had never broken a professional engagement in her more than 20 years in the theatre, she exclaimed: “I would think by this time you would have a little faith.” Livestock Fanciers . Gathering in Chicago , Dec, 2.—()—Young live- stock fanciers 10 to 20 years old rang up the curtain Saturday 6n American farming’s big show, “The Internation- al” The junior feeding contest, with farm youths showing their best lambs, pigs and baby. beeves—was the open- ing act of the international livestock exposition, which by next Saturday will have named the kings, queens, princes and lesser nobility of the pas- tures and feed lots. Another group of experts, Hs 0: lege judging. teams, matched selecting championship livestock. The also was up for a decision, Druggist Confesses To Murder of Wife Brother of Former Local Woman Dies Dec, 2.—(P)— Devils Lake, N. D., Bert Palmer, 50, first male white child born in Ramsey county, died Friday | brother, es : Bertha P bs mer state superintendent of public in- struction in North Dakota, and Miss Olarabelle Palmer, Chicago. Puneral services will be conduc! 3 atternocn, i |Wind Up Season in Blaze of ving vegan passil a1 Tuesday, in a ad hureday ted {and complications following an oper- Glory by Scoring Twice in Last Canto TRAILED 12-0 AT MIDPOINT Play of Lukats Is Sensational; Princeton Crushes Yale by 27-2 Rallying spectacularly in the final period to score all its points, Notre Dame sprang an astounding upset Saturday afternoon by handing Army its first defeat of the season 13 to12, before a roaring crowd of 76,000 fans at Yankee Stadium in New York City. «Army had taken a 12-0 lead in the second quarter, but Texas Jack Buck- ler, All-American halfback, failed to convert in two tries for the extra points from placement. Bonar's dropkick after Notre Dame's first touchdown in the final quarter proved to be the winning margin. Ex-/ cept for the Cadets’ second-quarter rush, the Irish outplayed Army throughout. In the other outstanding eastern game of the day, Princeton’s powerful | Tigers ran true to form to wallop Yale 27 to 2 with ease. ‘The Notre Dame-Army game in de- tail: First Period Army kicked off and Carideo on the| first play from scrimmage made a first down in midfield but he fumbled later on the fourth down and Army took the ball on its own 38, Following an exchange of punts; Notre Dame got a break when Lukats’ low punt bounded dead on Army’s 2 as Johnson stood by. After Buckler's kick from the end zone, Bonar re- turned to the Army 33, giving the green shirts a scoring opportunity. Army recovered the ball on its own 27, however. | After Buckler's punt, @,.pass from) Lukats to Brancheau gained 39 yards to Army's. 21. Notre Dame plunged to the six-yard line but s pass into the zone was muffed by Brancheau. Second Period The stands were in an uproar as the Cadets showed their first flash of running power. Army got a break when Lukats fumbled and Stillman recovered on Notre Dame's 33. Bul- lingame made a sensational catch of Buckler's pass for a gain of 18 yards to put the ball on Notre Dame's ll. On a tricky pass, Buckler raced around his own left end for a touch- down but he missed the placement kick, Shortly after the next kickoff Army recovered the ball and smashed the line to Notre Dame's 12. Aided by 8 penalty for offside, Army, on fourth down, made it first down just short | of the goal. Stancook failed in a line! plunge but Johnson rolled over for a| touchdown. Again Buckler failed to| kick the extra point and Army led 12-0 as the half ended. Third Period ‘This quarter was uneventful, excep! for the fact Notre Dame showed first signs of its victorious drive Inte in the canto. Lukats gained 14 yards, carry- ing the ball to Army’s 38. Miliner got loose around end for the first down on the Cadet 23 as the period ended. Fourth Period Notre Dame's full power blossomed in the fina! quarter. Lukats faked a vass and twisted his way to Army's 11 for first down. He ripped through the | middle of the Army line for nine: yards to the two yard line and on the; next play he plunged over guard for counter. Bonar drop-kicked and Army 12. to q | | i the score was Notre Dame 7; | Army received and was f i punt after picking up only. two in three plays, Simons punting to i ‘war, who was downed in his tracks on | par, who das downed-in his tracks on! Notre Dame's 26. Tobin was stopped and Lukats lofted a punt that rolled on Army’s 8-yard line. Simons tried to pun: from behind the goal line. ‘The kick was blocked and recovered i Fs it Notre Dame led 13-12. ee the next kickoff, Hone Dame brought the ball to Army's 40, where ‘the offensive stalled. Army. ing wildly, Tobin intercept- ing one and running to Army's 18 as ended. Final score: Notre ‘ In East West Felicans parishes North Dakota Given tne antagonists of Long, seized the $1,670,000 in Loans and applied the torch to them in the i —. court house squares. at. , Dec, 2—(#)—Farmers in| They branded the called election as North In} confiscation of the rights of the and received $9,687,150 in | people and decreed that it should not inans during November from the farm |he held; but Long, from his hotel quar- credit 's St. Paul office, declared “tha! it was anno Saturday. t At will In effort to reach a mark of ‘and honorably and the for the month, 2 total of and womanhood will be $1,198, in loans was made last voice.” , & for any land bank the United States during the 17 WIGHWAY CHIEF DIES Rochester, Minn., Dec. 2—(4)—John Donaghey, 64 of Madison, Wiscon- highway engineer, died night from a heart attack T sin state ’ lthe lessee is financially able to pay ;eause of the financial helplessness of ISSUED BY LANGER TO ASSIST TENANTS Warns Judges, Sheriffs and] Others to Desist From Evicting Citizens ORDER LASTS TILL MARCH Says Cold Months Carry Threat to Citizens Who Are With- out Incomes Judges, justices of the peace, sher- iffs, constables and other administra- tive officers were ordered in two proc- lamations issued by Gov. William Langer Saturday to desist from dis- possession of families from homes they own or lease and to prevent tak- ing: necessary household articles or apparel from debtors where families| aré shown to be in financial distress. _ One proclamation directs that offi. cers refrain from evictions of fami- lies from homes “owned and occupied under any equitable title, or under lease written or oral, between the dates of Nov. 1 and March 15 follow- ing.” It states “‘lessors may, however, upon due notice to the lessee, obtain an order from the district court to oust such lessee in cases where, from evidence taken, it is established that rent, besides taking care of himself and family.” Bars All Seizures The other proclamation states of- ficers shall desist from making any order “or from entering any home in this state and taking therefrom any article of necessary household furni- ture, household equipment or wearing apparel, unless the creditor, upon due notice to the debtor, can show to the satisfaction of oné of the district judges of that district that the debtor is financially able to pay the debt or dome portion thereof, in addition to maintaining the livelihood of himself and family.” The proclamation states “home owners who have lost their positions or incomes are unable to pay the pay- ments due on household furniture, | equipment or wearing apparel.” | “Many of such owners are in pos- | session of such household equipment under conditional sales contracts and) mortgages and the holders thereof | and mortgagees are forcing collection of such accounts by taking physical possession of such equipment, under court orders and otherwise, to the great damage of said home owners! under. financial conditions that ren-| der them helpless, and all of which action will make it impossible to maintain a home and as a result may break up families and will force such owners to secure county aid and in- crease the burden of taxpayers, al-| ready overburdened, resulting in & calamity of which the state must take notice.” Many Are Helpless The proclamation stated that “be- the many citizens of this state, they pre unable to protect themselves and families with the necessities of hu- man life, and are being driven from their homes and places of residence to become public charges.” ! From all sections of the state, the| vroclamation said, come appeals to/ ‘prevent dispossessions and evictions during the severe winter months and at a time when the inclemency of the weather puts added burdens upon people who are desperately striving to care for their families. “To permit the cold letter of the law to operate and dispossess and evict families in this state during the cold winter months of the year would umount to a public calamity, especial- ly in face of a situation where thou- sands are asking for federal aid in order to live.” Ballots Burned by Southern Democrats Baton Rouge, La, Dec. 2—()— Angered by the action of the sixth district Democratic executive commit- eo _ . Pioneer of Repeal | “CAPTAIN WILLIAM STAYTON By NEA Service Washington, Dec. 2.—With victory almost his, 75-year-old Captain Wil- Nam Stayton of Washington has at! last relaxed his long, relentless fight against the prohibition amendment. Called the real “Daddy of Repeal,” Captain Stayton crusaded against the: dry laws from the time of their in-| ception 15 years ago. A founder and present chairman of the board of directors of the As- sociation Against the Prohibition Amendment, Captain Stayton helped swing the tide of sentiment by taking the dry law issue not to politicians but directly to the people. He was born in Smyrna, Del., which is inci- dentally the home town of Clarence True Wilson, temperance leader. HEARING IN WENZEL QUSTER WILL BEGIN IN.CITY THURSDAY Data Is Changed From Tuesday by Stipulation of Oppos- ing Attorneys A hearing before a special commis- | sioner on ouster charges against R. E. Wenzel, suspended commissioner of the workmen’s compensation bureau, has been set for next Thurs- day by agreement of counsel in the case. Originally, the hearing had been fixed for next Tuesday. Charles A. Verret, assistant state attorney general, representing Gov- ernor William Langer who ordered Wenzel’s suspension pending outcome of the removal proceedings, said stipulations will be entered before | the district court in connection with Wenzel’s action for a writ of certio- rari. Judge C. W. Buttz has ruled that Wenzel cannot be suspended by the governor pending outcome of the hearing, but held the commissioner may be removed for legal cause. Whether an appeal will be taken to the supreme court by either side in the case has not been determined by Verret and George F. Shafer, at- torney for Wenzel. The two attorneys, at a conference, decided to enter stipulations instead of asking for the writ of certiorari as a means of speeding up the pro- cedure, Verret said. Pledges Support to Beer Law Clean-Up Governor William Langer Saturday | pledged his support to Attorney Gen- eral P. O. Sathre, Beer Commissioner Owen T. Owen and states attorneys and sheriffs in efforts to stamp out slot machines, abuse of the liquor laws and other violations of state laws. Reports made to the governor by Sathre and Owen were said by Lan- ger to “confirm investigations made privately and through proper state Boy Falls Into Hot Ashes, Burns Legs Sporre: ll-year-old Bis- Accident ORDER EXTRADITION OF MARTIN INSULL POR CHICAGO TRIAL Ontario Supreme Court Grants| Appeal for Return to American Soil s ACCUSED OF EMBEZZLEMENT Decision Paves Way for Airing! of Utility Scandal in Crim- inal Court ee | Toronto, Dec. 2.—(}—Martin J, In- | sull, former Chicago utilties director. lest his fight against extradition to the United States Saturday when dustice A. C Kingstone of the On- tario supreme court granted the ap- neal of Cock county, Ill, for his turn, Insuil’s brother, Samuel In- sull, is now in Athens, Greece, where | ne waged two successful court fights | against extradition. | Martin Insull himself, has been liv- ing in Ortlla, Ont., more than a year since he left Chicago shortly after the failure of the Insull enterprises. ‘The present legal contest, by which he sought to avoid return to Chicago, where a grand jury had indicted him, has been under way most of the time since he has been in the province. The gray-haired man was taken in- to custody immediately after the judge announced his decision. Justice Kingstone gave Insull the right to appeal against the judgment within 15 days and Insull was re- Tee Admits Default A E. J. HEISING Attorney General P. O. Sathre an- nounced Saturday that E. J. Heisit manager of the state hail insurance department, had admitted a defalca- tion of $1,350, said to have occurred several years ago. MRS. C.F. CANBERT, ARENA POSTHASTER, SUCCUMBS WN CTY Kidney Ailment Fatal to Daugh-| ter of L. E. Heaton, Sr., leased on $10,00 bond pending such action. Cook county sought his return to face charges of embezzlement and grand larcey growing out of the collapse of the Mid West Utilities Cor- poration last year. TWO FARMERS DIE ~ AS VOLCANO ERUPTS Much of El Salvador Covered by Lava and Ashes After Demonstration San Salvador, El Salvador, Dec. 2. —()—Coffee plantations and live-! stock farms were covered by lava Sat- urday after an eruption of the Izalco, volcano. Lava was reported to have spread to within a few miles of the! town of Izaleo, Two farmers, who ventured into the stricken region in an effort to save their cattle, were overtaken by the molten lava and perished. Old residents said it was the most) violent eruption in many years. An official commission was sent to the area but could not approach very near to the volcano because of smoke and the intense heat. An enormous chasm opened nearby. but no temblors were reported either here or in the vicinity of the vol- cano about 50 miles nérth of San Salvador. Fearing further eruptions, the gov- ernor of the province of Sonsonat ordered residents of the vicinity to abandon ground near the volcano. JAPANESE VILLAGE IS COVERED WITH ASHES Tokyo, Dec. 2.—()—Ashes scattered on nearby villages, said a teport reaching here Saturday, in an eruption of Mt. Tarumae, an active volcano on Hokkaido, northernmost, of the Main Islands of Japan. A column of smoke 3,000 feet high arose There were no casualties, according to Asahi dispatches from Muroran. Hoover’s Promise Of Silence Is Kept Washington, Dec. 2.—(7)—A pre- diction by Herbert Hoover that he would remain publicly silent nine months after leaving the white house was recalled Saturday by close friends as an aftermath of his brush with Governor Rolph of California. The ex-president missed his forecast. by four days. His period of public silence lasted eight months and 26 Newspapermen who learned of Hoo- a men in a position to know something of the srareaiieat's Plans and inten- i Rolph’s applause of the San Sone | repent lynching as a statement from one Californian to another, rather than Martin Hagen, Desai Sat- for second- degree burns on both legs suffered afternoon when he fell brick receptacle for stove in serious condition, his jution for gallstones 8 week ago as a national utterance. Gotham Beer Baron te/the Arena homemakers organization. were! of M’Kenzie | \ Mrs. C. F. Lambert. postmaster at! ‘Arena for the last nine years, died lat @ local hospital at 10:35 o'clock \Friday night from a kidney ailment {which had troubled her for several jyears. Mrs. Lambert, daughter of Mr. and Mrs, L. E. Heaton, Sr, of McKenzie jand sister of Mrs. L. Edna Putnam of 407 Fifth St., Bismarck, had been in the hospital since Nov. 23. She was 45 years old. Mrs. Lambert, who was Miss Ruth Heaton before her marriage, was born | at Pierson, Ia., July 22, 1888. She moved to North Dakota with | her parents in 1906 and had lived in Burleigh county since, attending | Bismarck high school her first year | here. | Married at Moorhead | She was married to Mr. Lambert at Moorhead, Minn., Sept. 11, 1918, and | had lived at Arena since. Her hus- band was 1 partner of her brother, Windsor B. Heaton, who died in j1920, in the Heaton and Lambert Lumber company at Arena. | Mrs. Lambert leaves one son by a ;former marriage, Ralph Leach at Arena, and two grandchildren. | She also leaves her husband, Par-| ents, three brothers and three sis- ters. Brothers and sisters are R. J. Heaton, Evanston, Ill.; Vinton P. Hea- ton, Steele; L. E. Heaton. Jr.. Mc- Kenzie; Mrs. Geneva C. Groothaert, New York City; Mrs. Clara DeLam- bert, Pierson, Ia.; and Mrs. Putnam jof Bismarck. | Mrs. Lambert had been active in ‘community affairs at Arena and was @ 4-H club leader and a member of Plan Funeral Tuesday Funeral services will be conducted from McCabe Methodist Episcopal {church in Bismarck at 2:30 o'clock Tuesday afternoon. In charge will ibe Rev. Mr. Brown of Tuttle and Rev. | Walter ¥. Vater, pastor of McCabe church. | Pallbearers will include O. T. Wiet- stock and H. F. Williamson of Arena, |George Manley of McKenzie, C. W. {Thompson of Moffit, W. M. Scott and | A C. Isaminger of Bismarck. I ‘The body will be buried in the! family plot in the cemetery at Pier- | son, Ia. | The remains will lie in state at Perry's Funeral Home in Bismarck until time for the final rites. President Approves Liquor Import Code President the liquor import control code regu- lating the amount and manner of importations. A minimum amount of importa- tions based on the five-year average of 1910 to 1914, roughly estimated to be 4,000,000 gallons annually of hard Uquors and 7,000,000 gallons of wine, provided. Heising Confesses Hail Fraud Whole Family Killed in Crossing DIE AS PASSENGER [Notre Dame Upsets _ TWO PROCLAMATIONS Army Eleven 13-12 MANAGER OF STATE DEPARTMENT ADMITS $1,300 DERALCATION Possible Action Depends on Outcome of Audit, Says Attorney General TROOPS GUARDING RECORDS Militia Called Out to Impound Documents; Examiners Begin Work Attorney General P. O. Sathre an nounced Saturday afternoon that E. J. Helsing, manager of the state hail insurance department, has signed a confession that he misappropriated $1,350 of the department's funds. sean said Helsing has been sus- pen as manager by Insurat Commissioner 8. A. Olsness. ee Sathre said the action to be taken against Heising will depend on the outcome of an audit being conducted of the department's books Saturday by special examiners, while three guardsmen are posted to prevent any Persons from entering the offices. Governor Langer, in a statement said a thorough investigation will be made “to ascertain how much has been stolen by the manager of the hail insurance department and his ac- complices, if any.” Forgeries Are Claimed The governor's statement said an investigation disclosed signatures of two farmers had been forged to war- rants amounting to $1,350. “We do not know how many farm- ers have been robbed, nor how much hhas been taken from the hail fund,” the governor said. Sathre said Heising had signed affi- davits under oath that he had misap- Propriated $1,350 but maintained that there were no other irregularities. Governor Langer, Sathre and Ols- ness were in conference until late Fri- day night and much of Saturday. Sathre said Heising made no ex- planation for the alleged embezzle- ment and did not appear antagonistic when confronted with the results of the investigation. é The confession was made to Sathre in the presence of Insurance Commis: sioner Olsness in the attorney gen- eral’s office Saturday. Sathre said another man, now dead, who was not connected with the hail insurance department, was said by Helsing to have assisted in the misap- Propriation of funds, but that Heising showed a disposition to assume blame himself and was reluctant to im- Plicate the deceased man. Heising showed a willingness to cooperate with state officials, Sathre said. The attorney general declared ef- forts were being made by Heising tc make good the amounts he is accused of taking from the department. Heising’s family is quarantined here for scarlet fever, and he has been | Staying at a down town hotel. All Employes Barred All employes, including Heising. manager, were excluded from the de- partment by guardsmen Saturday, as Fred W. Cathro, special examiner ap- pointed by Bank Examiner Adam Lefor, took possession of the books. Governor Langer, who ordered guardsmen posted at the hail offices at 9:30 p. m. Friday night, said Sat- urday the department would be closed during the day, but he expected busi- ness to be resumed Monday when the ‘special examination may be completed. Attorney General Sathre and Insur- ance Commissioner 8. A. Olsness, of whose department the hail insurance department is a branch, were in con- ference Saturday. Until past mid- night last night, Olsness, Sathre and Langer conferred about the hail de- Partment's affairs, but declined to di- vulge the details of the conference at that time. A lieutenant and two privates of the guard went on duty Friday night and remained throughout the night. Called out by Assistant Adjutant General H. A. Brocopp at the request of the gov- (Continued on Page Seven) HUNDREDS EXPECTED AT LEGION CARNIVAL Seven-Act Entertainment Will Begin at 8:45 O'Clock Saturday Night Hundreds of Bismarck residents are to pack the World War Mem- permanent method.

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